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SECTION 1. AMENDMENTS. The Energy Policy and Conservation Act is amended-- (1) in section 2 (42 U.S.C. 6201)-- (A) by inserting ``and'' at the end of paragraph (6); (B) by striking ``; and'' at the end of paragraph (7) and inserting in lieu thereof a period; and (C) by striking paragraph (8); (2) in section 321 (42 U.S.C. 6291)-- (A) by striking ``or, with respect to showerheads, faucets, water closets, and urinals, water'' in paragraph (1)(A); (B) by striking ``incandescent reflector lamps, showerheads, faucets, water closets, and urinals'' in paragraph (1) and inserting in lieu thereof ``and incandescent reflector lamps''; (C) by striking ``, or, in the case of showerheads, faucets, water closets, and urinals, water use,'' in paragraph (6)(A); (D) by striking ``(15), (16), (17),'' in paragraph (6)(B); (E) by striking ``325(r)'' in paragraph (6) and inserting in lieu thereof ``325(p)''; (F) by striking ``, and in the case of showerheads, faucets, water closets, and urinals, the aggregate retail cost of water and wastewater treatment services likely to be incurred annually,'' in paragraph (7); (G) by inserting at the end of paragraph (30) the following new subparagraph: ``(T) The term `ANSI' means the American National Standards Institute.''; and (H) by striking paragraph (31); (3) in section 322(a) (42 U.S.C. 6292(a))-- (A) by striking paragraphs (15) through (18); and (B) by redesignating paragraph (19) as paragraph (15); (4) in section 323 (42 U.S.C. 6293)-- (A) by striking ``water use (in the case of showerheads, faucets, water closets, and urinals),'' in subsection (b)(3); (B) by striking ``or, in the case of showerheads, faucets, water closets, or urinals, water use'' in subsection (b)(4); (C) by striking ``, or in the case of showerheads, faucets, water closets, or urinals, representative average unit costs of water and wastewater treatment service resulting from the operation of such products during such cycle'' in subsection (b)(4); (D) by striking ``, water, and wastewater treatment'' in subsection (b)(4); (E) by striking paragraphs (7) and (8) of subsection (b); (F) by striking ``or, in the case of showerheads, faucets, water closets, and urinals, water use'' in subsection (c)(1); (G) by striking ``or, in the case of showerheads, faucets, water closets, and urinals, water use'' in subsection (c)(2); (H) by striking ``, measured energy use, or measured water use'' in subsection (e)(1) and inserting in lieu thereof ``or measured energy use''; and (I) by striking ``, energy use, or water use'' each place it appears in paragraphs (2) and (3) of subsection (e) and inserting in lieu thereof ``or energy use''; (5) in section 324 (42 U.S.C. 6294)-- (A) by striking ``325(j)'' in subsection (a)(2)(C)(ii) and inserting in lieu thereof ``325(i)''; (B) by striking subparagraphs (D) and (E) of subsection (a)(2); (C) by striking ``(19)'' each place it appears in subsection (a)(3) and subsection (b) and inserting in lieu thereof ``(15)''; (D) by striking ``paragraphs (15) through'' in subsection (b)(1)(B) and inserting in lieu thereof ``paragraph''; (E) by striking ``(13), (14), (15), (16), (17), and (18)'' in subsection (c)(7) and inserting in lieu thereof ``(13) and (14)''; and (F) by striking paragraph (8) of subsection (c); (6) in section 325 (42 U.S.C. 6295)-- (A) by striking ``325(n)(1)'' in subsection (i)(6)(B) and inserting in lieu thereof ``325(l)(1)''; (B) by striking subsections (j) and (k); (C) by redesignating subsections (l) through (t) as subsections (j) through (r), respectively; (D) by striking ``(19)'' in paragraphs (1) and (2) of subsection (j), as so redesignated by subparagraph (C) of this paragraph, and inserting in lieu thereof ``(15)''; (E) by striking ``(o) and (p)'' in subsection (j)(1), as so redesignated by subparagraph (C) of this paragraph, and inserting in lieu thereof ``(m) and (n)''; (F) by striking ``(o) and (p)'' in subsection (j)(3), as so redesignated by subparagraph (C) of this paragraph, and inserting in lieu thereof ``(m) and (n)''; (G) by striking ``(o)(2)(B)(i)(II)'' in subsection (l)(2)(C), as so redesignated by subparagraph (C) of this paragraph, and inserting in lieu thereof ``(m)(2)(B)(i)(II)''; (H) by striking ``or, in the case of showerheads, faucets, water closets, or urinals, water use,'' in subsection (m)(1), as so redesignated by subparagraph (C) of this paragraph; (I) by striking ``, or, in the case of showerheads, faucets, water closets, or urinals, water efficiency,'' in subsection (m)(2)(A), as so redesignated by subparagraph (C) of this paragraph; (J) by striking ``, or as applicable, water,'' in subsection (m)(2)(B)(i)(III), as so redesignated by subparagraph (C) of this paragraph; (K) by striking ``and water'' in subsection (m)(2)(B)(i)(VI), as so redesignated by subparagraph (C) of this paragraph; (L) by striking ``, and as applicable, water,'' in subsection (m)(2)(B)(iii), as so redesignated by subparagraph (C) of this paragraph; (M) by striking ``, in the case of showerheads, faucets, water closets, or urinals, water, or'' in subsection (m)(3)(B), as so redesignated by subparagraph (C) of this paragraph; and (N) by striking ``(o)'' both places it appears in subsection (n)(3)(A), as so redesignated by subparagraph (C) of this paragraph, and inserting in lieu thereof ``(m)''; (7) in section 326 (42 U.S.C. 6296)-- (A) by striking ``or water use'' in subsection (b)(4); and (B) by striking ``, energy use, or, in the case of showerheads, faucets, water closets, and urinals, water use'' in subsection (d)(1) and inserting in lieu thereof ``or energy use''; (8) in section 327 (42 U.S.C. 6297)-- (A) by striking ``consumption or water use'' in subsection (a)(1) and inserting in lieu thereof ``consumption''; (B) by striking ``, water use,'' in subsection (a)(1)(A); (C) by striking ``, energy efficiency, or water use'' each place it appears in subsection (a)(1)(B), subsection (b), subsection (c), and subsection (d)(1)(A), and inserting in lieu thereof ``or energy efficiency''; (D) by amending paragraph (2) of subsection (a) to read as follows: ``(2) For purposes of this section, the term `State regulation' means a law, regulation, or other requirement of a State or its political subdivisions.''; (E) by striking ``flow rate requirements for showerheads or faucets, or water use requirements for water closets or urinals,'' in subsection (b)(1); (F) by striking ``, or is a regulation (or portion thereof) regulating showerheads'' and all that follows through ``325(k) is applicable'' in subsection (b)(4); (G) by inserting ``or'' at the end of paragraph (5) of subsection (b); (H) by striking ``; or'' at the end of paragraph (6) of subsection (b) and inserting in lieu thereof a period; (I) by striking paragraph (7) of subsection (b); (J) by striking ``subparagraphs (B) and (C) of section 325(j)(3), and subparagraphs (B) and (C) of section 325(k)(3)'' in subsection (c); (K) by inserting ``or'' at the end of paragraph (2) of subsection (c); (L) by striking the semicolon at the end of paragraph (3) of subsection (c) and inserting in lieu thereof a period; (M) by striking paragraphs (4), (5), and (6) of subsection (c); (N) by striking ``or river basin commission'' each place it appears in subsection (d)(1)(A) and (B); (O) by striking ``or water'' each place it appears in subsection (d)(1)(B) and (C); (P) by striking ``, and, with respect to a State'' and all that follows through ``water supply development'' in subsection (d)(1)(C); (Q) by striking ``or, if the State'' and all that follows through ``emergency condition,'' in subsection (d)(5)(B)(i); (R) by striking ``or, in the case of a water emergency condition, water or wastewater treatment,'' in subsection (d)(5)(B)(i)(I); and (S) by striking ``or, in the case of a water emergency condition, by the importation of water,'' in subsection (d)(5)(B)(i)(II); (9) in section 336(c)(2) (42 U.S.C. 6306(c)(2)), by striking ``325(k)'' and inserting in lieu thereof ``325(l)''; and (10) in section 337 (42 U.S.C. 6307)-- (A) by striking ``(a) In General.--''; and (B) by striking subsection (b).

Amends the Energy Policy and Conservation Act of 1992 to repeal restrictions on certain plumbing products and appliances, including showerheads, faucets, water closets, and urinals.

<greek-th> x <greek-th> x SECTION 1. SHORT TITLE. <greek-th> x This Act may be cited as the ``National Commission on the Modernization of the United Nations Act of 2003''.<greek-th> x SEC. 2. ESTABLISHMENT. <greek-th> x There is established a commission to be known as the ``National Commission on the Modernization of the United Nations''.<greek-th> x SEC. 3. DUTIES OF THE COMMISSION. <greek-th> x (a) In General.--The Commission shall--<greek-th> x (1) conduct a study of the areas specified in this section;<greek-th> x (2) recommend reforms with respect to such areas; and<greek-th> x (3) enumerate methods to implement each recommendation.<greek-th> x (b) Study of Extent of Modernization Within Confines of Present Charter.--The Commission shall--<greek-th> x (1) study the requirements for and extent to which a modernization of the organizational structure and practices of the United Nations can be effectuated that do not require substantive changes to be made to the Charter of the United Nations; and<greek-th> x (2) make recommendations to implement such a modernization.<greek-th> x (c) Study of Extent of Modernization Requiring Modifications to Present Charter.--The Commission shall--<greek-th> x (1) study the requirements for and extent to which a modernization of the organizational structure and practices of the United Nations can only be effectuated by requiring substantive changes to be made to the Charter, paying particular attention to the areas of study enumerated in subsections (d) through (i); and<greek-th> x (2) make recommendations to implement such a modernization.<greek-th> x (d) Study of Member State Principles.--The Commission shall study the principles to which states should adhere as members of the United Nations, paying particular attention to the following:<greek-th> x (1) Whether states that espouse and enforce values that are counter to the Charter should be permitted to be members of the United Nations.<greek-th> x (2) What recourse should be available to the United Nations to respond to a member state that has engaged in conduct counter to the Charter.<greek-th> x (3) What conduct on the part of a member state would constitute sufficient grounds for--<greek-th> x (A) expulsion;<greek-th> x (B) condemnation; or<greek-th> x (C) sanction.<greek-th> x (e) Study of Member State Status.--The Commission shall study the feasibility of mandating the following requirements of member states:<greek-th> x (1) Requirement of regular review by the United Nations of the status of all member states to determine if member states continue to adhere to the principles outlined in the Charter.<greek-th> x (2) Requirement for member states to--<greek-th> x (A) sign a ``Declaration of Member States'' declaring that the signatory state agrees to adhere to the principles of United Nations membership; and<greek-th> x (B) review the principles of the United Nations to determine whether the state should withdraw from membership if the state determines that the United Nations is not adhering to the implementation of the Charter.<greek-th> x (f) Study of Proportional Representation on Principal Organs.--The Commission shall study the following:<greek-th> x (1) Whether all states should have one vote in the General Assembly.<greek-th> x (2) Whether the United Nations should be structured in a bi-cameral fashion.<greek-th> x (g) Study of Organizational and Business Functions.--The Commission shall study the following:<greek-th> x (1) Whether auxiliary commissions and organizations of the United Nations should be funded by member dues.<greek-th> x (2) Whether such commissions and organizations detract from the Charter principles by draining resources away from the primary functions of the United Nations.<greek-th> x (3) Whether member states can create caucuses and fund them to deal with matters of common interest without detracting from the main objectives of the United Nations.<greek-th> x (h) Study of Use, Structure, and Goals of Peacekeeping and Humanitarian Efforts.--The Commission shall study the following:<greek-th> x (1) Whether the United Nations should maintain a separate peacekeeping force.<greek-th> x (2) Identification of successes of past peacekeeping and humanitarian efforts.<greek-th> x (i) Study of Enforcement of Resolutions.--The Commission shall study the credibility of resolutions when the United Nations does not mandate their absolute obedience.<greek-th> x SEC. 4. MEMBERSHIP. <greek-th> x (a) Number and Appointment.--The Commission shall be composed of 9 members appointed from among persons who are not officers or employees of any government, as follows:<greek-th> x (1) Two members appointed by the President.<greek-th> x (2) Two members appointed by the Speaker of the House of Representatives.<greek-th> x (3) Two members appointed by the Majority Leader of the Senate.<greek-th> x (4) One member appointed by the Minority Leader of the Senate.<greek-th> x (5) One member appointed by the Minority Leader of the House of Representatives.<greek-th> x (6) One member appointed by the Secretary of State<greek-th> x (b) Terms of Office.--<greek-th> x (1) In general.--Each member shall be appointed for the life of the Commission.<greek-th> x (2) Special rule.--A member who is appointed to the Commission and who subsequently becomes an officer or employee of any government may not continue as a member.<greek-th> x (c) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made.<greek-th> x (d) Chairperson.--The Chairperson of the Commission shall be elected by the members after consultation with the Speaker and minority leader of the House of Representatives and the majority leader and minority leader of the Senate. Pending such election, a provisional Chairperson shall be designated by the President.<greek-th> x (e) 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.<greek-th> x SEC. 5. DIRECTOR AND STAFF. <greek-th> x (a) Director.--The Commission shall appoint a Director who shall be paid at the rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code.<greek-th> x (b) Staff.--<greek-th> x (1) In general.--Subject to paragraph (2), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel.<greek-th> x (2) Applicability of certain civil service laws.--The Director may make such appointments subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.<greek-th> x (c) 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.<greek-th> x (d) 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 duties under this Act.<greek-th> x SEC. 6. POWERS OF COMMISSION. <greek-th> x (a) Meetings.--<greek-th> x (1) In general.--The Commission shall meet at the call of the Chairperson.<greek-th> x (2) Quorum.--A majority of the members of the Commission shall constitute a quorum but a lesser number may hold hearings.<greek-th> x (b) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Commission, the head of that department or agency shall furnish that information to the Commission.<greek-th> x (c) 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.<greek-th> x SEC. 7. REPORTS. <greek-th> x (a) Interim Report.--Within 6 months after the date of the enactment of this Act, the Commission shall submit to Congress an interim report on the activities of the Commission under this Act.<greek-th> x (b) Final Report.--Not later than 12 months after the date of the enactment of this Act, the Commission shall submit to Congress a final report containing a statement of the findings, conclusions, and recommendations of the Commission.<greek-th> x SEC. 8. TERMINATION. <greek-th> x The Commission shall terminate 15 days after submission of its final report under section 7(b).<greek-th> x SEC. 9. DEFINITIONS. <greek-th> x In this Act:<greek-th> x (1) Charter.--The term ``Charter'' means the Charter of the United Nations.<greek-th> x (2) Commission.--The term ``Commission'' means the National Commission on the Modernization of the United Nations.<greek-th> x (3) Member.--The term ``member'' means a member of the Commission.<greek-th> x <greek-th> x 08 x

National Commission on the Modernization of the United Nations Act of 2003 - Establishes the National Commission on the Modernization of the United Nations to study: (1) the extent of modernization of the organizational structure and practices of the United Nations (UN) that can be effectuated with and without changes to its Charter; (2) the principles to which member states should adhere and the consequences of a state espousing and enforcing values counter to the Charter; (3) the feasibility of mandating each member state to agree to adhere to the principles of UN membership, and to review the principles of the UN to determine whether the state should withdraw if the UN is not adhering to the Charter; (4) whether all states should have one vote in the General Assembly and whether the UN should be structured in a bicameral fashion; (5) whether auxiliary commissions and organizations of the UN should be funded by member dues, whether such entities drain resources away from the primary function of the UN, or whether member states can create and fund caucuses to deal with matters of common interest; (6) whether the UN should have a separate peacekeeping force, while identifying successes of past peacekeeping and humanitarian efforts; and (7) the credibility of resolutions when the UN does not mandate absolute obedience.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bangladeshi Adjustment Act''. SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF BANGLADESH. (a) Adjustment of Status.-- (1) In general.--The status of any alien described in subsection (b) shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if the alien-- (A) applies for such adjustment before July 1, 2000; and (B) is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) Relationship of application to certain orders.--An alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. If the Attorney General grants the application, the Attorney General shall cancel the order. If the Attorney General renders a final administrative decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.-- (1) In general.--The benefits provided by subsection (a) shall apply to any alien who is a national of Bangladesh and who has been physically present in the United States for a continuous period, beginning not later than January 1, 1987, and ending not earlier than the date the application for adjustment under such subsection is filed, except an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days. (2) Proof of commencement of continuous presence.--For purposes of establishing that the period of continuous physical presence referred to in paragraph (1) commenced not later than January 1, 1987, an alien-- (A) shall demonstrate that the alien, prior to January 1, 1987-- (i) performed service, or engaged in a trade or business, within the United States which is evidenced by records maintained by the Commissioner of Social Security; or (ii) applied for any benefit under the Immigration and Nationality Act by means of an application establishing the alien's presence in the United States prior to January 1, 1987; or (B) shall make such other demonstration of physical presence as the Attorney General may provide for by regulation. (c) Stay of Removal; Work Authorization.-- (1) In general.--The Attorney General shall provide by regulation for an alien subject to a final order of deportation or removal to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision of the Immigration and Nationality Act, the Attorney General shall not order any 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 Attorney General has rendered a final administrative determination to deny the application. (3) Work authorization.--The Attorney General may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment, except that if such application is pending for a period exceeding 180 days, and has not been denied, the Attorney General shall authorize such employment. (d) Adjustment of Status for Spouses and Children.-- (1) In general.--The status of an alien shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if-- (A) the alien is a national of Bangladesh; (B) the alien is the spouse, child, or unmarried son or daughter, of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), except that in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that they have been physically present in the United States for a continuous period, beginning not later than January 1, 1987, and ending not earlier than the date the application for adjustment under this subsection is filed; (C) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; (D) the alien is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for exclusion specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act shall not apply; and (E) applies for such adjustment before July 1, 2000. (2) Proof of continuous presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien-- (A) shall demonstrate that such period commenced not later than January 1, 1987, in a manner consistent with subsection (b)(2); and (B) shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any period in the aggregate not exceeding 180 days. (e) Availability of Administrative Review.--The Attorney General 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; or (2) aliens subject to removal proceedings under section 240 of such Act. (f) Limitation on Judicial Review.--A determination by the Attorney General 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) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing contained in this section shall be held to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible.

Bangladeshi Adjustment Act - Requires the Attorney General to adjust to lawful permanent resident alien the status of any national of Bangladesh who has been physically present in the United States for a continuous period between January 1, 1987, and the date an application for adjustment is filed, if the alien: (1) applies for such adjustment before July 1, 2000; and (2) is otherwise admissible to the United States for permanent residence. States that, in the determination of such admissibility, certain grounds for inadmissibility in the Immigration and Nationality Act shall not apply. Allows an alien present in the United States to apply for such status adjustment even though he or she has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States. Requires the Attorney General to cancel the order if the application is granted; but if the application is denied by a final administrative decision, the order shall be effective and enforceable to the same extent as if the application had not been made. Authorizes the Attorney General to: (1) allow an alien who has applied for adjustment of status to engage in employment in the United States during the pendency of such application; and (2) provide the alien with an "employment authorized" endorsement or other appropriate document. Requires the Attorney General to authorize such employment if such application is pending for a period exceeding 180 days, and has not been denied. Provides for the adjustment of status for spouses and children of such aliens. Outlines the availability of administrative review for applicants for adjustment of status as well as the preclusion of judicial review for final Attorney General determinations as to the adjustability of alien status.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Haiti Economic Recovery Opportunity Act of 2004''. SEC. 2. TRADE BENEFITS TO HAITI. (a) In General.--The Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.) is amended by inserting after section 213 the following new section: ``SEC. 213A. SPECIAL RULE FOR HAITI. ``(a) In General.--In addition to any other preferential treatment under this Act, beginning on October 1, 2003, and in each of the 7 succeeding 1-year periods, apparel articles described in subsection (b) that are imported directly into the customs territory of the United States from Haiti shall enter the United States free of duty, subject to the limitations described in subsections (b) and (c), if Haiti has satisfied the requirements set forth in subsection (d). ``(b) Apparel Articles Described.--Apparel articles described in this subsection are apparel articles that are wholly assembled or knit- to-shape in Haiti from any combination of fabrics, fabric components, components knit-to-shape, and yarns without regard to the country of origin of the fabrics, components, or yarns. ``(c) Preferential Treatment.--The preferential treatment described in subsection (a), shall be extended-- ``(1) during the 12-month period beginning on October 1, 2003, to a quantity of apparel articles that is equal to 1.5 percent of the aggregate square meter equivalents of all apparel articles imported into the United States during the 12- month period beginning October 1, 2002; and ``(2) during the 12-month period beginning on October 1 of each succeeding year, to a quantity of apparel articles that is equal to the product of-- ``(A) the percentage applicable during the previous 12-month period plus 0.5 percent (but not over 3.5 percent); and ``(B) the aggregate square meter equivalents of all apparel articles imported into the United States during the 12-month period that ends on September 30 of that year. ``(d) Eligibility Requirements.--Haiti shall be eligible for preferential treatment under this section if the President determines and certifies to Congress that Haiti-- ``(1) has established, or is making continual progress toward establishing-- ``(A) a market-based economy that protects private property rights, incorporates an open rules-based trading system, and minimizes government interference in the economy through measures such as price controls, subsidies, and government ownership of economic assets; ``(B) the rule of law, political pluralism, and the right to due process, a fair trial, and equal protection under the law; ``(C) the elimination of barriers to United States trade and investment, including by-- ``(i) the provision of national treatment and measures to create an environment conducive to domestic and foreign investment; ``(ii) the protection of intellectual property; and ``(iii) the resolution of bilateral trade and investment disputes; ``(D) economic policies to reduce poverty, increase the availability of health care and educational opportunities, expand physical infrastructure, promote the development of private enterprise, and encourage the formation of capital markets through microcredit or other programs; ``(E) a system to combat corruption and bribery, such as signing and implementing the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; and ``(F) protection of internationally recognized worker rights, including the right of association, the right to organize and bargain collectively, a prohibition on the use of any form of forced or compulsory labor, a minimum age for the employment of children, and acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health; ``(2) does not engage in activities that undermine United States national security or foreign policy interests; and ``(3) does not engage in gross violations of internationally recognized human rights or provide support for acts of international terrorism and cooperates in international efforts to eliminate human rights violations and terrorist activities. ``(e) Conditions Regarding Enforcement of Circumvention.-- ``(1) In general.--The preferential treatment under subsection (b) shall not apply unless the President certifies to Congress that Haiti is meeting the following conditions: ``(A) Haiti has adopted an effective visa system, domestic laws, and enforcement procedures applicable to articles described in subsection (b) to prevent unlawful transshipment of the articles and the use of counterfeit documents relating to the importation of the articles into the United States. ``(B) Haiti has enacted legislation or promulgated regulations that would permit the Bureau of Customs and Border Protection verification teams to have the access necessary to investigate thoroughly allegations of transshipment through such country. ``(C) Haiti agrees to report, on a timely basis, at the request of the Bureau of Customs and Border Protection, on the total exports from and imports into that country of articles described in subsection (b), consistent with the manner in which the records are kept by Haiti. ``(D) Haiti agrees to cooperate fully with the United States to address and take action necessary to prevent circumvention. ``(E) Haiti agrees to require all producers and exporters of articles described in subsection (b) in that country to maintain complete records of the production and the export of the articles, including materials used in the production, for at least 2 years after the production or export (as the case may be). ``(F) Haiti agrees to report, on a timely basis, at the request of the Bureau of Customs and Border Protection, documentation establishing the country of origin of articles described in subsection (b) as used by that country in implementing an effective visa system. ``(2) Definitions.--In this subsection: ``(A) Circumvention.--The term `circumvention' means any action involving the provision of a false declaration or false information for the purpose of, or with the effect of, violating or evading existing customs, country of origin labeling, or trade laws of the United States or Haiti relating to imports of textile and apparel goods, if such action results-- ``(i) in the avoidance of tariffs, quotas, embargoes, prohibitions, restrictions, trade remedies, including antidumping or countervailing duties, or safeguard measures; or ``(ii) in obtaining preferential tariff treatment. ``(B) Transshipment.--The term `transshipment' has the meaning given such term under section 213(b)(2)(D)(iii).''. (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after October 1, 2003. (2) Retroactive application to certain entries.-- Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon proper request filed with the United States Customs Service before the 90th day after the date of the enactment of this Act, any entry or withdrawal from warehouse for consumption, of any goods described in the amendment made by subsection (a)-- (A) that was made on or after October 1, 2003, and before the date of the enactment of this Act, and (B) with respect to which there would have been no duty if the amendment made by subsection (a) applied to such entry or withdrawal, shall be liquidated or reliquidated as though such amendment applied to such entry or withdrawal.

Haiti Economic Recovery Opportunity Act of 2004 - Amends the Caribbean Basin Economic Recovery Act to provide, beginning on October 1, 2003, and for each of the seven succeeding one-year periods, duty-free treatment for apparel items wholly assembled or knit-to-shape in Haiti (without regard to the country of origin of the fabrics, components, or yarns) if the President certifies to Congress that Haiti: (1) has established or is progressing toward specified political, economic, and social reforms; (2) does not engage in activities that undermine U.S. security or foreign policy; (3) does not engage in gross violations of human rights or activities in support of international terrorism; and (4) is meeting specified enforcement conditions aimed at preventing tariff or quota avoidance, customs evasion, unlawful transshipment, or false information or false document use in order to obtain such preferential treatment. Applies such provisions to goods entered or withdrawn from a warehouse for consumption on or after October 1, 2003, including a retroactive application to certain warehouse entries or withdrawals made between such date and the date of enactment of this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Fairness in Reimbursement Act of 2000''. SEC. 2. IMPROVING FAIRNESS OF PAYMENTS UNDER THE MEDICARE FEE-FOR- SERVICE PROGRAM. (a) Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following new sections: ``improving fairness of payments under the original medicare fee-for- service program ``Sec. 1897. (a) Establishment of System.--Notwithstanding any other provision of law, the Secretary shall establish a system for making adjustments to the amount of payment made to entities and individuals for items and services provided under the original medicare fee-for-service program under parts A and B. ``(b) System Requirements.-- ``(1) Adjustments.--Under the system described in subsection (a), the Secretary (beginning in 2001) shall make the following adjustments: ``(A) Certain states above national average.--If a State average per beneficiary amount for a year is greater than 105 percent (or 110 percent in the case of the determination made in 2000) of the national average per beneficiary amount for such year, then the Secretary shall reduce the amount of applicable payments in such a manner as will result (as estimated by the Secretary) in the State average per beneficiary amount for the subsequent year being at 105 percent (or 110 percent in the case of payments made in 2001) of the national average per beneficiary amount for such subsequent year. ``(B) Certain states below national average.--If a State average per beneficiary amount for a year is less than 95 percent (or 90 percent in the case of the determination made in 2000) of the national average per beneficiary amount for such year, then the Secretary shall increase the amount of applicable payments in such a manner as will result (as estimated by the Secretary) in the State average per beneficiary amount for the subsequent year being at 95 percent (or 90 percent in the case of payments made in 2001) of the national average per beneficiary amount for such subsequent year. ``(2) Determination of averages.-- ``(A) State average per beneficiary amount.--Each year (beginning in 2000), the Secretary shall determine a State average per beneficiary amount for each State which shall be equal to the Secretary's estimate of the average amount of expenditures under the original medicare fee-for-service program under parts A and B for the year for a beneficiary enrolled under such parts that resides in the State ``(B) National average per beneficiary amount.-- Each year (beginning in 2000), the Secretary shall determine the national average per beneficiary amount which shall be equal to the average of the State average per beneficiary amounts determined under subparagraph (B) for the year. ``(3) Definitions.--In this section: ``(A) Applicable payments.--The term `applicable payments' means payments made to entities and individuals for items and services provided under the original medicare fee-for-service program under parts A and B to beneficiaries enrolled under such parts that reside in the State. ``(B) State.--The term `State' has the meaning given such term in section 210(h). ``(c) Beneficiaries Held Harmless.--The provisions of this section shall not effect-- ``(1) the entitlement to items and services of a beneficiary under this title, including the scope of such items and services; or ``(2) any liability of the beneficiary with respect to such items and services. ``(d) Regulations.-- ``(1) In general.--The Secretary, in consultation with the Medicare Payment Advisory Commission, shall promulgate regulations to carry out this section. ``(2) Protecting rural communities.--In promulgating the regulations pursuant to paragraph (1), the Secretary shall give special consideration to rural areas. ``(e) Budget Neutrality.--The Secretary shall ensure that the provisions contained in this section do not cause the estimated amount of expenditures under this title for a year to increase or decrease from the estimated amount of expenditures under this title that would have been made in such year if this section had not been enacted. ``improvements in collection and use of hospital wage data ``Sec. 1898. (a) Collection of Data.-- ``(1) In general.--The Secretary shall establish procedures for improving the methods used by the Secretary to collect data on employee compensation and paid hours of employment for hospital employees by occupational category. ``(2) Timeframe.--The Secretary shall implement the procedures described in paragraph (1) by not later than 180 days after the date of enactment of the Rural Health Protection and Improvement Act of 2000. ``(b) Adjustment to Hospital Wage Level.--By not later than 1 year after the date of enactment of the Rural Health Protection and Improvement Act of 2000, the Secretary shall make necessary revisions to the methods used to adjust payments to hospitals for different area wage levels under section 1886(d)(3)(E) to ensure that such methods take into account the data described in subsection (a)(1). ``(c) Limitation.--To the extent possible, in making the revisions described in subsection (b), the Secretary shall ensure that current rules regarding which hospital employees are included in, or excluded from, the determination of the hospital wage levels are not effected by such revisions. ``(d) Budget Neutrality.--The Secretary shall ensure that any revisions made under subsection (b) do not cause the estimated amount of expenditures under this title for a year to increase or decrease from the estimated amount of expenditures under this title that would have been made in such year if the Secretary had not made such revisions.''.

Requires the Secretary to: (1) establish procedures for improving methods to collect wage and hour data on hospital employees by occupational category; and (2) revise the methods used to adjust payments to hospitals for different area wage levels to ensure that such data are taken into account.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Agency Customer Experience Act of 2017''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds that-- (1) the Federal Government serves the people of the United States and should seek to continually improve public services provided by the Federal Government based on customer feedback; (2) the people of the United States deserve a Federal Government that provides efficient, effective, and high-quality services across multiple channels; (3) many agencies, offices, programs, and Federal employees provide excellent service to individuals, however many parts of the Federal Government still fall short on delivering the customer service experience that individuals have come to expect from the private sector; (4) according to the 2016 American Customer Satisfaction Index, the Federal Government ranks among the bottom of all industries in the United States in customer satisfaction; (5) providing quality services to individuals improves the confidence of the people of the United States in their government and helps agencies achieve greater impact and fulfill their missions; and (6) improving service to individuals requires agencies to work across organizational boundaries, leverage technology, collect and share standardized data, and develop customer- centered mindsets and service strategies. (b) Sense of Congress.--It is the sense of Congress that all agencies should strive to provide high-quality, courteous, effective, and efficient services to the people of the United States and seek to measure, collect, report, and utilize metrics relating to the experience of individuals interacting with agencies to continually improve services to the people of the United States. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) Agency.--The term ``agency'' has the meaning given the term in section 3502 of title 44, United States Code. (3) Covered agency.--The term ``covered agency'' means an agency or component of an agency that is required by the Director to collect voluntary feedback for purposes of section 6, based on an assessment of the components and programs of the agency with the highest impact on or number of interactions with individuals or entities. (4) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (5) Voluntary feedback.--The term ``voluntary feedback'' has the meaning given the term in section 3502 of title 44, United States Code, as added by section 4 of this Act. SEC. 4. APPLICATION OF THE PAPERWORK REDUCTION ACT TO COLLECTION OF VOLUNTARY FEEDBACK. Subchapter I of chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''), is amended-- (1) in section 3502-- (A) in paragraph (13)(D), by striking ``and'' at the end; (B) in paragraph (14), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(15) the term `voluntary feedback' means any submission of information, opinion, or concern that is-- ``(A) voluntarily made by a specific individual or other entity relating to a particular service of or transaction with an agency; and ``(B) specifically solicited by that agency.''; and (2) in section 3518(c)(1)-- (A) in subparagraph (C), by striking ``or'' at the end; (B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(E) by an agency that is voluntary feedback.''. SEC. 5. GUIDELINES FOR VOLUNTARY FEEDBACK. Each agency that solicits voluntary feedback shall ensure that-- (1) responses to the solicitation of voluntary feedback remain anonymous and shall not be traced to specific individuals or entities; (2) individuals and entities who decline to participate in the solicitation of voluntary feedback shall not be treated differently by the agency for purposes of providing services or information; (3) the solicitation does not include more than 10 questions; (4) the voluntary nature of the solicitation is clear; (5) the proposed solicitation of voluntary feedback will contribute to improved customer service; (6) solicitations of voluntary feedback are limited to 1 solicitation per interaction with an individual or entity; (7) to the extent practicable, the solicitation of voluntary feedback is made at the point of service with an individual or entity; (8) instruments for collecting voluntary feedback are accessible to individuals with disabilities in accordance with section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d); and (9) internal agency data governance policies remain in effect with respect to the collection of voluntary feedback from individuals and entities. SEC. 6. CUSTOMER EXPERIENCE DATA COLLECTION. (a) Collection of Responses.--The head of each covered agency (or a designee), assisted by and in coordination with the Performance Improvement Officer or other senior accountable official for customer service of the covered agency, shall collect voluntary feedback with respect to services of or transactions with the covered agency. (b) Content of Questions.-- (1) Standardized questions.--The Director, in coordination with the Administrator, shall develop a set of standardized questions for use by covered agencies in collecting voluntary feedback under this section that address-- (A) overall satisfaction of individuals or entities with the specific interaction or service received; (B) the extent to which individuals or entities were able to accomplish their intended task or purpose; (C) whether the individual or entity was treated with respect and professionalism; (D) whether the individual or entity believes they were served in a timely manner; and (E) any additional metrics as determined by the Director, in coordination with the Administrator. (2) Additional questions.--In addition to the questions developed under paragraph (1), the Performance Improvement Officer or other senior accountable official for customer service at a covered agency may develop questions relevant to the specific operations or programs of the covered agency. (c) Additional Requirements.--To the extent practicable-- (1) each covered agency shall collect voluntary feedback across all platforms or channels through which the covered agency interacts with individuals or other entities to deliver information or services; and (2) voluntary feedback collected under this section shall be tied to specific transactions or interactions with customers of the covered agency. (d) Reports.-- (1) Annual report to the director.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, and not less frequently than annually thereafter, each covered agency shall publish on the website of the covered agency and submit to the Director, in a manner determined by the Director, a report that includes the voluntary feedback required to be collected under this section. (B) Centralized website.--The Director shall-- (i) include and maintain on a publicly available website links to the information provided on the websites of covered agencies under subparagraph (A); and (ii) for purposes of clause (i), establish a website or make use of an existing website, such as the website required under section 1122 of title 31, United States Code. (2) Aggregated report.--Each covered agency shall publish, on a regular basis, an aggregated report on the solicitation of voluntary feedback sent to individuals or entities, which shall include-- (A) the intended purpose of each solicitation of voluntary feedback conducted by the covered agency; (B) the appropriate point of contact within each covered agency for each solicitation of voluntary feedback conducted; (C) the questions or survey instrument submitted to members of the public as part of the solicitation of voluntary information; and (D) a description of how the covered agency uses the voluntary feedback received by the covered agency to improve the customer service of the covered agency. SEC. 7. CUSTOMER EXPERIENCE SCORECARD REPORT. (a) In General.--Not later than 15 months after the date on which all covered agencies have submitted the first annual reports to the Director required under section 6(d)(1), and every 2 years thereafter until the date that is 10 years after such date, the Comptroller General of the United States shall make publicly available and submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a scorecard report assessing the data collected and reported by the covered agencies. (b) Contents.--The report required under subsection (a) shall include-- (1) a summary of the information required to be published by covered agencies under section 6(d); and (2) a description of how each covered agency will use the voluntary feedback received by the covered agency to improve service delivery. Passed the Senate November 7, 2017. Attest: JULIE E. ADAMS, Secretary.

Federal Agency Customer Experience Act of 2017 (Sec. 2) This bill expresses the sense of Congress that all agencies should strive to provide high-quality, courteous, effective, and efficient services and seek to measure, collect, report, and utilize metrics relating to the experience of persons interacting with them to continually improve services. (Sec. 4) The bill amends the Paperwork Reduction Act to exempt the collection of information by an agency that is voluntary feedback from the agency's authority to prescribe policies, rules, regulations, and procedures for federal information resources management activities. "Voluntary feedback" is defined as any submission of information, opinion, or concern voluntarily made by a specific person relating to a particular service of or transaction with an agency that is specifically solicited by that agency. (Sec. 5) Each agency that solicits voluntary feedback shall, among other things, ensure that: responses to the solicitation remain anonymous, person who decline to participate shall not be treated differently by the agency for purposes of providing services or information, the voluntary nature of the solicitation is clear, and the proposed solicitation of voluntary feedback will contribute to improved customer service. (Sec. 6) Each agency shall collect voluntary feedback with respect to its services and transactions. The Office of Management and Budget (OMB), in coordination with the General Services Administration, shall develop a set of standardized questions for use by agencies in collecting feedback, which shall address: overall satisfaction of persons with the specific interaction or service received, the extent to which such persons were able to accomplish their intended purpose, whether such persons were treated with respect and professionalism, and whether such persons believe they were served in a timely manner. Each agency shall: (1) collect voluntary feedback across all platforms or channels through which it interacts with persons to deliver information or services, (2) publish on its website and submit to the OMB a report that includes the voluntary feedback required to be collected, and (3) regularly publish an aggregated report on the solicitation of voluntary feedback. The OMB shall maintain on a publicly available website links to the information provided on the agency websites. (Sec. 7) The Government Accountability Office shall, by 15 months after the date on which all agencies have submitted the first annual reports and every 2 years thereafter until 10 years after such date, make publicly available and submit to Congress a scorecard report assessing the data collected and reported by the agencies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayers Right-To-Know Act''. SEC. 2. COST AND PERFORMANCE OF GOVERNMENT PROGRAMS. (a) Amendment.--Section 1122(a) of title 31, United States Code, is amended by adding at the end the following: ``(3) Additional information.-- ``(A) In general.--Information for each program described under paragraph (1) shall include the following to be updated not less than annually: ``(i) The total administrative cost of the program for the previous fiscal year. ``(ii) The expenditures for services for the program for the previous fiscal year. ``(iii) An estimate of the number of clients served by the program and beneficiaries who received assistance under the program (if applicable) for the previous fiscal year. ``(iv) An estimate of, for the previous fiscal year-- ``(I) the number of full-time Federal employees who administer the program; and ``(II) the number of full-time employees whose salary is paid in part or full by the Federal Government through a grant or contract, a subaward of a grant or contract, a cooperative agreement, or another form of financial award or assistance who administer or assist in administering the program. ``(v) An identification of the specific statute that authorizes the program, including whether such authorization is expired. ``(vi) Any finding of duplication or overlap identified by internal review, an Inspector General, the Government Accountability Office, or other report to the agency about the program. ``(vii) Any program performance reviews (including program performance reports required under section 1116). ``(B) Definitions.--In this paragraph: ``(i) Administrative cost.--The term `administrative cost' has the meaning as determined by the Director of the Office of Management and Budget under section 504(b)(2) of Public Law 111-85 (31 U.S.C. 1105 note), except the term shall also include, for purposes of that section and this paragraph, with respect to an agency-- ``(I) costs incurred by the agency as well as costs incurred by grantees, subgrantees, and other recipients of funds from a grant program or other program administered by the agency; and ``(II) expenses related to personnel salaries and benefits, property management, travel, program management, promotion, reviews and audits, case management, and communication about, promotion of, and outreach for programs and program activities administered by the agency. ``(ii) Services.--The term `services' has the meaning provided by the Director of the Office of Management and Budget and shall be limited to only activities, assistance, and aid that provide a direct benefit to a recipient, such as the provision of medical care, assistance for housing or tuition, or financial support (including grants and loans).''. (b) Expired Grant Funding.--Not later than February 1 of each fiscal year, the Director of the Office of Management and Budget shall publish on the public website of the Office of Management and Budget the total amount of undisbursed grant funding remaining in grant accounts for which the period of availability to the grantee has expired. SEC. 3. GOVERNMENT ACCOUNTABILITY OFFICE REQUIREMENTS RELATING TO IDENTIFICATION, CONSOLIDATION, AND ELIMINATION OF DUPLICATIVE GOVERNMENT PROGRAMS. Section 21 of the Statutory Pay-As-You-Go Act of 2010 (31 U.S.C. 712 note) is amended by inserting ``(a)'' before the first sentence and by adding at the end the following: ``(b) The Comptroller General shall maintain and provide regular updates, on not less than an annual basis to a publicly available website that tracks the status of responses by Departments and the Congress to suggested actions that the Comptroller General has previously identified in annual reports under subsection (a). The status of these suggested actions shall be tracked for an appropriate period to be determined by the Comptroller General. The requirements of this subsection shall apply during the effective period of subsection (a).''. SEC. 4. CLASSIFIED INFORMATION. Nothing in this Act shall, or the amendments made by this Act, be construed to require the disclosure of classified information. SEC. 5. REGULATIONS AND IMPLEMENTATION. (a) Regulations.--Not later than 120 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall prescribe regulations to implement this Act, and the amendments made by this Act. (b) Implementation.--This Act, and the amendments made by this Act, shall be implemented not later than one year after the date of the enactment of this Act. (c) No Additional Funds Authorized.--No additional funds are authorized to carry out the requirements of this Act, or the amendments made by this Act. Passed the House of Representatives February 25, 2014. Attest: KAREN L. HAAS, Clerk.

Taxpayers Right-To-Know Act - (Sec. 2) Sets forth additional information relating to a federal program that the Office of Management and Budget (OMB) is required to include on its website and update at least annually, including: (1) the total administrative cost of the program and the expenditures for services for the program for the previous fiscal year; (2) an estimate of the number of clients served by the program and beneficiaries who received assistance under the program for the previous fiscal year; (3) an estimate, for the previous fiscal year, of the number of full-time federal employees who administer the program and the number of full-time employees whose salary is paid in part or in full by the federal government through a grant or contract or other form of financial assistance; (4) an identification of the specific statute that authorizes the program and whether such authorization is expired; (5) any finding of duplication or overlap; and (6) any program performance reviews for such program. Requires the OMB Director, not later than February 1 of each fiscal year, to publish on the OMB website the total amount of undisbursed grant funding remaining in grant accounts for which the period of availability to the grantee has expired. (Sec. 3) Amends the Statutory Pay-As-You-Go Act of 2010 to require the Comptroller General (GAO) to maintain and provide regular annual updates to a publicly available website that tracks the status of agency responses to recommendations by the Comptroller General for identifying duplicative government programs. (Sec. 4) Declares that nothing in this Act shall be construed to require the disclosure of classified information. (Sec. 5) Requires the OMB Director to implement this Act not later than one year after its enactment. Prohibits the authorization of additional funds to carry out the requirements of this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Dispute Resolution and Settlement Encouragement Act''. SEC. 2. ARBITRATION IN DISTRICT COURTS. (a) Authorization of Appropriations.--Section 905 of the Judicial Improvements and Access to Justice Act (28 U.S.C. 651 note) is amended in the first sentence by striking ``for each of the fiscal years 1994 through 1997''. (b) Arbitration To Be Ordered in All District Courts.-- (1) Authorization of arbitration.--Section 651(a) of title 28, United States Code, is amended to read as follows: ``(a) Authority.--Each United States district court shall authorize by local rule the use of arbitration in civil actions, including adversary proceedings in bankruptcy, in accordance with this chapter.''. (2) Actions referred to arbitration.--Section 652(a) of title 28, United States Code, is amended-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A) by striking ``and section 901(c)'' and all that follows through ``651'' and inserting ``a district court''; and (ii) in subparagraph (B) by striking ``$100,000'' and inserting ``$150,000''; and (B) in paragraph (2) by striking ``$100,000'' and inserting ``$150,000''. (3) Certification of arbitrators.--Section 656(a) of title 28, United States Code, is amended by striking ``listed in section 658''. (4) Removal of limitation.--Section 658 of title 28, United States Code, and the item relating to such section in the table of sections at the beginning of chapter 44 of title 28, United States Code, are repealed. (c) Conforming Amendment.--Section 901 of the Judicial Improvements and Access to Justice Act (28 U.S.C. 652 note) is amended by striking subsection (c). SEC. 3. AWARD OF REASONABLE COSTS AND ATTORNEY'S FEES IN FEDERAL CIVIL DIVERSITY LITIGATION AFTER AN OFFER OF SETTLEMENT. Section 1332 of title 28, United States Code, is amended by adding at the end the following: ``(e)(1) In any action over which the court has jurisdiction under this section, any party may, at any time not less than 10 days before trial, serve upon any adverse party a written offer to settle a claim or claims for money or property or to the effect specified in the offer, including a motion to dismiss all claims, and to enter into a stipulation dismissing the claim or claims or allowing judgment to be entered according to the terms of the offer. Any such offer, together with proof of service thereof, shall be filed with the clerk of the court. ``(2) If the party receiving an offer under paragraph (1) serves written notice on the offeror that the offer is accepted, either party may then file with the clerk of the court the notice of acceptance, together with proof of service thereof. ``(3) The fact that an offer under paragraph (1) is made but not accepted does not preclude a subsequent offer under paragraph (1). Evidence of an offer is not admissible for any purpose except in proceedings to enforce a settlement, or to determine costs and expenses under this subsection. ``(4) At any time before judgment is entered, the court, upon its own motion or upon the motion of any party, may exempt from this subsection any claim that the court finds presents a question of law or fact that is novel and important and that substantially affects nonparties. If a claim is exempted from this subsection, all offers made by any party under paragraph (1) with respect to that claim shall be void and have no effect. ``(5) If all offers made by a party under paragraph (1) with respect to a claim or claims, including any motion to dismiss all claims, are not accepted and the judgment, verdict, or order finally issued (exclusive of costs, expenses, and attorneys' fees incurred after judgment or trial) in the action under this section is not more favorable to the offeree with respect to the claim or claims than the last such offer, the offeror may file with the court, within 10 days after the final judgment, verdict, or order is issued, a petition for payment of costs and expenses, including attorneys' fees, incurred with respect to the claim or claims from the date the last such offer was made or, if the offeree made an offer under this subsection, from the date the last such offer by the offeree was made. ``(6) If the court finds, pursuant to a petition filed under paragraph (5) with respect to a claim or claims, that the judgment, verdict, or order finally obtained is not more favorable to the offeree with respect to the claim or claims than the last offer, the court shall order the offeree to pay the offeror's costs and expenses, including attorneys' fees, incurred with respect to the claim or claims from the date the last offer was made or, if the offeree made an offer under this subsection, from the date the last such offer by the offeree was made, unless the court finds that requiring the payment of such costs and expenses would be manifestly unjust. ``(7) Attorney's fees under paragraph (6) shall be a reasonable attorney's fee attributable to the claim or claims involved, calculated on the basis of an hourly rate which may not exceed that which the court considers acceptable in the community in which the attorney practices law, taking into account the attorney's qualifications and experience and the complexity of the case, except that the attorney's fees under paragraph (6) may not exceed-- ``(A) the actual cost incurred by the offeree for an attorney's fee payable to an attorney for services in connection with the claim or claims; or ``(B) if no such cost was incurred by the offeree due to a contingency fee agreement, a reasonable cost that would have been incurred by the offeree for an attorney's noncontingent fee payable to an attorney for services in connection with the claim or claims. ``(8) This subsection does not apply to any claim seeking an equitable remedy.''. SEC. 4. RELIABILITY OF EVIDENCE. Rule 702 of the Federal Rules of Evidence (28 U.S.C. App.) is amended-- (1) by inserting ``(a) In general.--'' before ``If'', and (2) by adding at the end the following: ``(b) Adequate basis for opinion.--Testimony in the form of an opinion by a witness that is based on scientific knowledge shall be inadmissible in evidence unless the court determines that such opinion-- ``(1) is scientifically valid and reliable; ``(2) has a valid scientific connection to the fact it is offered to prove; and ``(3) is sufficiently reliable so that the probative value of such evidence outweighs the dangers specified in rule 403. ``(c) Disqualification.--Testimony by a witness who is qualified as described in subdivision (a) is inadmissible in evidence if the witness is entitled to receive any compensation contingent on the legal disposition of any claim with respect to which the testimony is offered. ``(d) Scope.--Subdivision (b) does not apply to criminal proceedings.''. SEC. 5. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Section 2.--The amendments made by section 2 shall take effect on the date of the enactment of this Act. (b) Sections 3 and 4.-- (1) In general.--Subject to paragraph (2), the amendments made by sections 3 and 4 shall take effect on the first day of the first month beginning more than 180 days after the date of the enactment of this Act. (2) Application of amendments.--(A) The amendment made by section 3 shall apply only with respect to civil actions commenced after the effective date set forth in paragraph (1). (B) The amendments made by section 4 shall apply only with respect to cases in which a trial begins after the effective date set forth in paragraph (1).

Alternative Dispute Resolution and Settlement Encouragement Act - Amends the Judicial Improvements and Access to Justice Act with respect to Federal district court arbitration programs to: (1) authorize permanent appropriations; (2) require all district courts to establish by local rule such programs for civil and bankruptcy actions; and (3) increase the monetary ceiling of actions that courts may require to be arbitrated. (Sec. 3) Amends the Federal judicial code to set forth an offer of settlement procedure in Federal civil diversity litigation. (Sec. 4) Amends rule 702 of the Federal Rules of Evidence to: (1) establish a standard for the admissibility of expert scientific testimony; and (2) make such testimony inadmissible if the witness is entitled to any compensation based upon the legal disposition of any claim related to such testimony.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Solar Utilization Now Demonstration Act of 2007'' or the ``SUN Act of 2007''. SEC. 2. PHOTOVOLTAIC DEMONSTRATION PROGRAM. (a) In General.--The Secretary shall establish a program of grants to States to demonstrate advanced photovoltaic technology. (b) Requirements.-- (1) Ability to meet requirements.--To receive funding under the program under this section, a State must submit a proposal that demonstrates, to the satisfaction of the Secretary, that the State will meet the requirements of subsection (f). (2) Compliance with requirements.--If a State has received funding under this section for the preceding year, the State must demonstrate, to the satisfaction of the Secretary, that it complied with the requirements of subsection (f) in carrying out the program during that preceding year, and that it will do so in the future, before it can receive further funding under this section. (3) Funding allocation.--Each State submitting a qualifying proposal shall receive funding under the program based on the proportion of United States population in the State according to the 2000 census. In each fiscal year, the portion of funds attributable under this paragraph to States that have not submitted qualifying proposals in the time and manner specified by the Secretary shall be distributed pro rata to the States that have submitted qualifying proposals in the specified time and manner. (c) Competition.--If more than $25,000,000 is available for the program under this section for any fiscal year, the Secretary shall allocate 75 percent of the total amount of funds available according to subsection (b)(3), and shall award the remaining 25 percent on a competitive basis to the States with the proposals the Secretary considers most likely to encourage the widespread adoption of photovoltaic technologies. (d) Proposals.--Not later than 6 months after the date of enactment of this Act, and in each subsequent fiscal year for the life of the program, the Secretary shall solicit proposals from the States to participate in the program under this section. (e) Competitive Criteria.--In awarding funds in a competitive allocation under subsection (c), the Secretary shall consider-- (1) the likelihood of a proposal to encourage the demonstration of, or lower the costs of, advanced photovoltaic technologies; and (2) the extent to which a proposal is likely to-- (A) maximize the amount of photovoltaics demonstrated; (B) maximize the proportion of non-Federal cost share; and (C) limit State administrative costs. (f) State Program.--A program operated by a State with funding under this section shall provide competitive awards for the demonstration of advanced photo-voltaic technologies. Each State program shall-- (1) require a contribution of at least 60 percent per award from non-Federal sources, which may include any combination of State, local, and private funds, except that at least 10 percent of the funding must be supplied by the State; (2) endeavor to fund recipients in the commercial, industrial, institutional, governmental, and residential sectors; (3) limit State administrative costs to no more than 10 percent of the grant; (4) report annually to the Secretary on-- (A) the amount of funds disbursed; (B) the amount of photovoltaics purchased; and (C) the results of the monitoring under paragraph (5); (5) provide for measurement and verification of the output of a representative sample of the photovoltaics systems demonstrated throughout the average working life of the systems, or at least 20 years; and (6) require that applicant buildings must have received an independent energy efficiency audit during the 6-month period preceding the filing of the application. (g) Unexpended Funds.--If a State fails to expend any funds received under subsection (b) or (c) within 3 years of receipt, such remaining funds shall be returned to the Treasury. (h) Reports.--The Secretary shall report to Congress 5 years after funds are first distributed to the States under this section-- (1) the amount of photovoltaics demonstrated; (2) the number of projects undertaken; (3) the administrative costs of the program; (4) the amount of funds that each State has not received because of a failure to submit a qualifying proposal, as described in subsection (b)(3); (5) the results of the monitoring under subsection (f)(5); and (6) the total amount of funds distributed, including a breakdown by State. (i) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for the purposes of carrying out this section-- (1) $15,000,000 for fiscal year 2008; (2) $30,000,000 for fiscal year 2009; (3) $45,000,000 for fiscal year 2010; (4) $60,000,000 for fiscal year 2011; and (5) $70,000,000 for fiscal year 2012.

Solar Utilization Now Demonstration Act of 2007 or the SUN Act of 2007 - Directs the Secretary of Energy to establish a program of grants to states to demonstrate advanced photovoltaic technology.

SECTION 1. SHORT TITLE. This Act may be cited as the ``North Korea Sanctions and Diplomatic Nonrecognition Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) North Korean negotiators in the Six-Party diplomatic process did not act in good faith by their refusal to agree to a transparent verification process for denuclearization consistent with ``international standards'', including provisions for nuclear sampling, following North Korea's removal on October 11, 2008, from the list of state sponsors of terrorism maintained by the Department of State. (2) International press reports indicate that North Korea has continued to provide support to Iran in the areas of missile technology and nuclear development and has provided Iran's surrogates, Hezbollah and Hamas, with both missile technology and training in tunneling techniques with which to attack Israel, an ally of the United States. (3) International press reports indicate that North Korea was engaged for a number of years in assistance to Syria in the construction of a nuclear reactor in the Syrian desert which was destroyed in a strike by Israeli forces on September 6, 2007. (4) North Korean negotiators continue to refuse to address in a humane and sincere manner the issue of the abduction of civilians of Japan and the Republic of Korea, both allies of the United States, as well as the abductions of citizens from a number of other countries, including France, Lebanon, Romania, and Thailand. (5) Defectors coming out of North Korea have provided testimony that United States permanent resident, Reverend Kim Dong-shik, the spouse and father of United States citizens, was tortured and murdered inside North Korea after his abduction by Pyongyang's agents on the Chinese border in January 2000 and that his remains are currently being held at a military facility inside North Korea. (6) Congress authoritatively expressed its view, in section 202(b)(2) of the North Korean Human Rights Act of 2004 (Public Law 108-333; 22 U.S.C. 7832(b)(2)) that ``United States nonhumanitarian assistance to North Korea shall be contingent on North Korea's substantial progress'' on human rights improvements, release of and accounting for abductees, family reunification, reform of North Korea's labor camp system, and the decriminalization of political expression, none of which has occurred. (7) Congress further authoritatively expressed its view, in section 2 of the North Korean Human Rights Reauthorization Act of 2008 (Public Law 110-346) that ``human rights and humanitarian conditions inside North Korea are deplorable'' and that ``North Korean refugees remain acutely vulnerable''. (8) Congress has determined that any missile test or launch conducted by North Korea would be in direct violation of United Nations Security Council resolution 1695, adopted on July 16, 2006, which ``condemns the multiple launches by the DPRK (North Korea) of ballistic missiles on July 5 2006 local time'', and United Nations Security Council Resolution 1718, adopted on October 9, 2006, which ``demands that the DPRK (North Korea) not conduct any further nuclear test or launch of a ballistic missile'' and ``decides that the DPRK shall suspend all activities related to its ballistic missile programme and in this context re-establish its pre-existing commitments to a moratorium on missile launching'', and further determines that the resulting sanctions imposed under such resolution 1718 would again come into full effect following a missile test or launch. (9) Congress has further determined that a return by North Korea to the Six-Party diplomatic process following any missile test or launch by Pyongyang must include a firm and transparent commitment to the complete, verifiable and irreversible dismantlement of all of North Korea's nuclear programs, including those derived both from plutonium as well as highly enriched uranium. (10) Japanese press reports have indicated that a delegation of approximately fifteen Iranian missile experts arrived in North Korea in March 2009 ``to help Pyongyang prepare for a rocket launch'', including senior officials with the Iranian rocket and satellite producer Shahid Hemmat Industrial Group, and that they brought with them a letter from their President Mahmoud Ahmadinejad to North Korean leader Kim Jong-Il stressing the importance of cooperating on space technology. (11) North Korea, in defiance of the international community's efforts to end nuclear proliferation and in violation of its international obligations, conducted a second underground nuclear test on May 25, 2009 (local time), in violation of United Nations Security Council Resolution 1718, which resulted in the passage of United Nations Security Council Resolution 1874 on June 12, 2009, which imposed additional sanctions and inspection requirements with regard to North Korea. SEC. 3. CONTINUATION OF RESTRICTIONS AGAINST THE GOVERNMENT OF NORTH KOREA. (a) Finding.--Congress finds that subsequent to the decision of the Secretary of State on October 11, 2008, to rescind the designation of North Korea as a state sponsor of terrorism, North Korea has committed acts that can be defined as international terrorism or as highly provocative, including-- (1) the dispatch of a covert team of two North Korean military-trained agents to South Korea with orders to assassinate North Korean defector Hwang Jang-yop who were apprehended by South Korean officials in April 2010; (2) complicity in the sinking of the South Korean naval vessel Cheonan on March 26, 2010, which resulted in the deaths of 46 South Korean naval personnel; and (3) the shipment of weapons by North Korea, seized in Bangkok in December 2009, which were bound for delivery to foreign terrorist organizations Hezbollah and Hamas, according to a statement made by Israeli Foreign Minister Avigdor Lieberman in Tokyo on May 12, 2010. (b) Continuation of Restrictions.--Notwithstanding the decision by the Secretary of State on October 11, 2008, to rescind the designation of North Korea as a state sponsor of terrorism, and in light of the congressional finding described in subsection (a), restrictions against the Government of North Korea that were imposed by reason of a determination of the Secretary of State that the Government of North Korea is a state sponsor of terrorism and that are in effect as of the date of the enactment of this Act shall remain in effect, and shall not be lifted, unless the President makes the certification described in subsection (c). (c) Certification.--The certification referred to in subsection (b) is a certification to Congress containing a determination of the President that the Government of North Korea-- (1) is no longer engaged in the illegal transfer of missile or nuclear technology, particularly to the governments of Iran, Syria, or any other state sponsor of terrorism; (2) is no longer engaged in training in combat operations or tunneling, or harboring, supplying, financing, or supporting in any way-- (A) Hamas, Hezbollah, the Japanese Red Army, or any member of such organizations; (B) any organization designated by the Secretary of State as a foreign terrorist organization in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)); and (C) any person included on the annex to Executive Order 13224 (September 21, 2001) and any other person identified under section 1 of that Executive Order whose property and interests are blocked by that section (commonly known as a ``specially designated global terrorist''); (3) is no longer engaged in the counterfeiting of United States currency ``supernotes''; (4) is no longer engaged in the international trafficking of illicit narcotics into the United States, Japan, Australia, or other allied countries of the United States; (5) has returned the last remains of United States permanent resident, Reverend Kim Dong-shik, to his United States citizen widow, family, and church members, so that he may be provided with a proper Christian burial in Chicago; (6) has released the Japanese nationals recognized as abduction victims by the Government of Japan as well as abduction victims recognized by the Government of the Republic of Korea; (7) has released an estimated 600 surviving South Korean POWs, and any other surviving POWs from the Korean War, who have been held in North Korea against their will and in violation of the Armistice Agreement since hostilities ended in July, 1953; (8) has made concrete provisions for unrestricted family reunification meetings for those individuals among the two- million strong Korean-American community who maintain family ties with relatives inside North Korea; (9) has opened the North Korean penal system, including the gulag of concentration camps holding an estimated 200,000 political and religious prisoners, to unrestricted and regular visits by representatives of the International Committee of the Red Cross (ICRC); (10) has made provision for unrestricted and regular access by representatives of the United National High Commissioner for Refugees to refugees forcibly repatriated to North Korea to determine their general health and welfare; and (11) has made concrete provisions for unrestricted contact, including direct communications and meetings, between representatives of international and South Korean religious organizations, including Christians and Buddhists, and their co-believers inside North Korea. (d) Sense of Congress.--It is the sense of Congress that, in light of the congressional finding described in subsection (a), the Secretary of State should redesignate North Korea as a state sponsor of terrorism immediately upon the date of the enactment of this Act. (e) State Sponsor of Terrorism Defined.--In this section, the term ``state sponsor of terrorism'' means any country the government of which the Secretary of State determines has repeatedly provided support for acts of international terrorism pursuant to section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or any other provision of law. SEC. 4. CONTINUATION OF DIPLOMATIC NONRECOGNITION OF NORTH KOREA. (a) Finding.--Congress finds that the United States did not grant diplomatic recognition to North Korea upon its establishment as a client regime of the former Soviet Union in 1948. The United States has consistently continued to withhold such formal diplomatic recognition during the 60 years since the sudden and unprovoked attack by North Korean forces on the Republic of Korea on June 25, 1950, an attack which led directly to the Korean War and the deaths of over 36,000 United States military personnel as well as at least 2,000,000 Koreans and over 3,000 soldiers from Allied countries. (b) Continuation of Diplomatic Nonrecognition.--The diplomatic nonrecognition described in subsection (a), including restrictions on the establishment of a permanent presence or United States liaison office inside North Korea, shall remain in effect, until such time as the President certifies to Congress that the Government of North Korea has met all of the benchmarks specified in section 3. SEC. 5. INTERNATIONAL RESPONSE TO A NORTH KOREAN MISSILE LAUNCH OR NUCLEAR TEST. In the case of the launch of a missile, rocket, or other airborne object by North Korea or the conducting of a nuclear test in violation of United Nations Security Council Resolutions 1695, 1718, and 1874, the President shall instruct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States to secure adoption of a United Nations Security Council resolution condemning North Korea's action as a violation of United Nations Security Council Resolutions 1695, 1718, and 1874 and requiring the implementation of comprehensive sanctions and an inspection regime against North Korea.

North Korea Sanctions and Diplomatic Nonrecognition Act of 2010 - Continues diplomatic, economic, and military sanctions against the government of North Korea as a supporter of international terrorism until the President certifies to Congress that North Korea: (1) is no longer engaged in the illegal transfer of missile or nuclear technology, particularly to Iran and Syria; (2) is not assisting foreign terrorist organizations, engaged in counterfeiting U.S. currency, or engaged in illicit narcotics traffic; (3) has released specified U.S. citizens, Japanese nationals, and surviving Korean War prisoners of war; and (4) has undertaken specified actions regarding family reunification, penal reforms, refugee access, and religious organization communications. Expresses the sense of Congress that the Secretary of State should redesignate North Korea as a state sponsor of terrorism. Finds that the United States did not grant diplomatic recognition to North Korea upon its establishment as a client regime of the former Soviet Union in 1948. Continues diplomatic nonrecognition of North Korea until such benchmarks have been met. Directs the President, in the case of a North Korean missile, rocket, or other airborne launch or the conducting of a nuclear test in violation of U.N. Security Council Resolutions 1695, 1718, and 1874, to instruct the U.S. Permanent Representative to the United Nations to use U.S. influence to secure adoption of a Security Council resolution condemning North Korea's action and requiring implementation of comprehensive sanctions against North Korea.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Puerto Rico Democracy Act of 2006''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Federally sanctioned process for Puerto Rico's self- determination, including initial plebiscite and subsequent procedures. Sec. 4. Applicable laws and other requirements. Sec. 5. Availability of funds for the self-determination process. SEC. 2. FINDINGS. The Congress finds the following: (1) On November 30, 1992, President George H.W. Bush issued a Memorandum to Heads of Executive Departments and Agencies recognizing that ``As long as Puerto Rico is a territory . . . the will of its people regarding their political status should be ascertained periodically by means of a general right of referendum . . .''. (2) Consistent with this policy, on December 23, 2000, President William J. Clinton issued Executive Order 13183, establishing the President's Task Force on Puerto Rico's Status for purposes that included identifying the options for the territory's future political status ``. . . that are not incompatible with the Constitution and basic laws and policies of the United States . . .'', as well as the process for realizing such options. (3) President George W. Bush adopted Executive Order 13183 and, on December 3, 2003, amended it to require that the President's Task Force on Puerto Rico's Status issue a report ``. . . no less frequently than once every 2 years, on progress made in the determination of Puerto Rico's ultimate status.''. (4) On December 22, 2005, the Task Force appointed by President George W. Bush issued a report recommending that: (A) The Congress provide within a year for a federally sanctioned plebiscite in which the people of Puerto Rico would be asked to vote on whether they wish to remain a United States territory or pursue a constitutionally viable path toward a permanent nonterritorial status. (B) If the people of Puerto Rico elect to pursue a permanent nonterritorial status, Congress should provide for a subsequent plebiscite allowing the people of Puerto Rico to choose between one of the two permanent nonterritorial status options. Once a majority of the people has selected one of the two options, Congress is encouraged to begin a process of transition toward that option. (C) If the people of Puerto Rico elect to remain as a United States territory, further plebiscites should occur periodically, as long as a territorial status continues, to keep Congress informed of the people's wishes. SEC. 3. FEDERALLY SANCTIONED PROCESS FOR PUERTO RICO'S SELF- DETERMINATION, INCLUDING INITIAL PLEBISCITE AND SUBSEQUENT PROCEDURES. (a) First Plebiscite Under This Act.--The Puerto Rico State Elections Commission shall conduct a plebiscite in Puerto Rico during the 110th Congress, but not later than December 31, 2007. The ballot shall provide for voters to choose only between the following two options: (1) Puerto Rico should continue the existing form of territorial status as defined by the Constitution, basic laws, and policies of the United States. If you agree, mark here____. (2) Puerto Rico should pursue a path toward a constitutionally viable permanent nonterritorial status. If you agree, mark here ______. The two options set forth on the ballot shall be preceded by the following statement: Instructions: Mark the option you choose as each is defined below. Ballots with more than one option marked will not be counted. (b) Procedure If Majority in First Plebiscite Favors Continued Territorial Status.--If a majority vote in a plebiscite held under subsection (a) favors the continuation of the existing territorial status, the Puerto Rico State Elections Commission shall conduct additional plebiscites under subsection (a) at intervals of every 8 years from the date that the results of the prior plebiscite are certified unless a majority of votes in the prior plebiscite favors pursuing a permanent nonterritorial status. (c) Procedure If Majority in First Plebiscite Favors Permanent Nonterritorial Status.--If a majority vote in any plebiscite held under subsection (a) favors permanent nonterritorial status, the Puerto Rico State Elections Commission shall conduct a plebiscite under this subsection. The ballot on the plebiscite under this subsection shall provide for a vote to choose only between the following two options: (1) Statehood: Puerto Rico should be admitted as a State of the Union, on equal footing with the other States. If you agree, mark here____. (2) Sovereign nation: Puerto Rico should become a sovereign nation, either fully independent from or in free association with the United States under an international agreement that preserves the right of each nation to terminate the association. If you agree, mark here___. The two options set forth on the ballot shall be preceded by the following statement: Instructions: Mark the option you choose as each is defined below. Ballots with more than one option marked will not be counted. (d) Period for Holding Plebiscite.--If a majority vote in the first plebiscite under subsection (a) favors permanent nonterritorial status, the plebiscite under subsection (c) shall be held during the 111th Congress, but no later than December 31, 2009. If a majority vote in a plebiscite referred to in subsection (b) favors permanent nonterritorial status, the plebiscite under subsection (c) shall be held not later than 2 years after the certification of the majority vote in such plebiscite under subsection (b). SEC. 4. APPLICABLE LAWS AND OTHER REQUIREMENTS. (a) Applicable Laws.--All Federal laws applicable to the election of the Resident Commissioner of Puerto Rico shall, as appropriate and consistent with this Act, also apply to any plebiscite held pursuant to this Act. Any reference in such Federal laws to elections shall be considered, as appropriate, to be a reference to the plebiscites, unless it would frustrate the purposes of this Act. (b) Federal Court Jurisdiction.--The Federal courts of the United States shall have exclusive jurisdiction over any legal claims or controversies arising from the implementation of this Act. (c) Rules and Regulations.--The Puerto Rico State Elections Commission shall issue all rules and regulations necessary to carry out the plebiscites under this Act. (d) Eligibility.--Each of the following shall be eligible to vote in any plebiscite held under this Act: (1) All eligible voters under the electoral laws in effect in Puerto Rico at the time the plebiscite is held. (2) All United States citizens born in Puerto Rico who comply, to the satisfaction of the Puerto Rico State Elections Commission, with all Puerto Rico State Elections Commission requirements (other than the residency requirement) applicable to eligibility to vote in a general election. Persons eligible to vote under this subsection shall, upon request submitted to the Puerto Rico State Elections Commission prior to the plebiscite concerned, be entitled to receive an absentee ballot for such plebiscite. (e) Certification of Plebiscite Results.--The Puerto Rico State Elections Commission shall certify the results of each plebiscite held under this Act to the President of the United States and the Senate and House of Representatives of the United States. (f) Report After Second Plebiscite.--No later than 6 months after the plebiscite provided for in section 3(c), the President's Task Force on Puerto Rico's Status shall submit a report to the Congress, prepared in consultation with the Governor, the Resident Commissioner, the President of the Senate of Puerto Rico, and the Speaker of the House of Representatives of Puerto Rico, detailing measures that may be taken to implement the permanent nonterritorial status option chosen in the plebiscite together with such recommendations as the Task Force may deem appropriate. SEC. 5. AVAILABILITY OF FUNDS FOR THE SELF-DETERMINATION PROCESS. During the period beginning October 1, 2006, and ending on the date the President determines that all the plebiscites required by this Act have been held, the Secretary of the Treasury may allocate, from the funds provided to the Government of Puerto Rico under section 7652(e) of the Internal Revenue Code, not more than $5,000,000 to the State Elections Commission of Puerto Rico to be used for expenses of carrying out each plebiscite carried out under this Act, including for voter education materials certified by the President's Task Force on Puerto Rico's Status as not being incompatible with the Constitution and basic laws and policies of the United States. Such amounts may be as identified by the President's Task Force on Puerto Rico's Status as necessary for such purposes.

Puerto Rico Democracy Act of 2006 - Directs the Puerto Rico State Elections Commission to conduct a plebiscite in Puerto Rico during the 110th Congress, giving voters the option to vote for continued U.S. territorial status or for a path toward a constitutionally viable permanent nonterritorial status. Provides for subsequent procedures, depending on ballot results. Authorizes the Secretary of the Treasury to allocate certain funds for the self-determination process.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Chemistry Research and Development Act of 2005''. SEC. 2. DEFINITIONS. In this Act-- (1) 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 while producing high quality products through safe and efficient manufacturing processes; (2) the term ``Interagency Working Group'' means the interagency working group established under section 3(c); and (3) 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) grants to fund collaborative research and development partnerships among universities, industry, and nonprofit organizations; (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, and professional chemists and chemical engineers, including through partnerships with industry, 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; (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; (7) support economic, legal, and other appropriate social science research to identify barriers to commercialization and methods to advance commercialization of green chemistry; and (8) provide for public input and outreach to be integrated into the Program by the convening of public discussions, through mechanisms such as citizen panels, consensus conferences, and educational events, as appropriate. (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) Agency Budget Requests.--Each Federal agency and department participating in the Program shall, as part of its annual request for appropriations to the Office of Management and Budget, submit a report to the Office of Management and Budget which identifies its activities that contribute directly to the Program and states the portion of its request for appropriations that is allocated to those activities. The President shall include in his annual budget request to Congress a statement of the portion of each agency's or department's annual budget request allocated to its activities undertaken pursuant to the Program. (e) 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. This 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. MANUFACTURING EXTENSION CENTER GREEN SUPPLIERS NETWORK GRANT PROGRAM. Section 25(a) of the National Institute of Standards and Technology Act (15 U.S.C. 278k(a)) is amended-- (1) by striking ``and'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ``; and''; and (3) by adding at the end the following: ``(6) the enabling of supply chain manufacturers to continuously improve products and processes, increase energy efficiency, identify cost-saving opportunities, and optimize resources and technologies with the aim of reducing or eliminating the use or generation of hazardous substances.''. SEC. 5. UNDERGRADUATE EDUCATION IN CHEMISTRY AND CHEMICAL ENGINEERING. (a) Program Authorized.--(1) As part of the Program activities under section 3(b)(4), the Director of the National Science Foundation shall carry out a program to award grants to institutions of higher education to support efforts by such institutions to revise their undergraduate curriculum in chemistry and chemical engineering to incorporate green chemistry concepts and strategies. (2) Grants shall be awarded under this section on a competitive, merit-reviewed basis and shall require cost sharing in cash from non- Federal sources, to match the Federal funding. (b) Selection Process.--(1) An institution of higher education seeking funding under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include at a minimum-- (A) a description of the content and schedule for adoption of the proposed curricular revisions to the courses of study offered by the applicant in chemistry and chemical engineering; and (B) a description of the source and amount of cost sharing to be provided. (2) In evaluating the applications submitted under paragraph (1), the Director shall consider, at a minimum-- (A) the level of commitment demonstrated by the applicant in carrying out and sustaining lasting curriculum changes in accordance with subsection (a)(1); and (B) the amount of cost sharing to be provided. (c) Authorization of Appropriations.--In addition to amounts authorized under section 8, from sums otherwise authorized to be appropriated by the National Science Foundation Authorization Act of 2002, there are authorized to be appropriated to the National Science Foundation for carrying out this section $7,000,000 for fiscal year 2006, $7,500,000 for fiscal year 2007, and $8,000,000 for fiscal year 2008. SEC. 6. STUDY ON COMMERCIALIZATION OF GREEN CHEMISTRY. (a) Study.--The Director of the National Science Foundation shall enter into an arrangement with the National Research Council to conduct a study of the factors that constitute barriers to the successful commercial application of promising results from green chemistry research and development. (b) Contents.--The study shall-- (1) examine successful and unsuccessful attempts at commercialization of green chemistry in the United States and abroad; and (2) recommend research areas and priorities and public policy options that would help to overcome identified barriers to commercialization. (c) Report.--The Director shall submit a report to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the findings and recommendations of the study within 18 months after the date of enactment of this Act. SEC. 7. PARTNERSHIPS IN GREEN CHEMISTRY. (a) Program Authorized.--(1) The agencies participating in the Program shall carry out a joint, coordinated program to award grants to institutions of higher education to establish partnerships with companies in the chemical industry to retrain chemists and chemical engineers in the use of green chemistry concepts and strategies. (2) Grants shall be awarded under this section on a competitive, merit-reviewed basis and shall require cost sharing from non-Federal sources by members of the partnerships. (3) In order to be eligible to receive a grant under this section, an institution of higher education shall enter into a partnership with two or more companies in the chemical industry. Such partnerships may also include other institutions of higher education and professional associations. (4) Grants awarded under this section shall be used for activities to provide retraining for chemists or chemical engineers in green chemistry, including-- (A) the development of curricular materials and the designing of undergraduate and graduate level courses; and (B) publicizing the availability of professional development courses of study in green chemistry and recruiting graduate scientists and engineers to pursue such courses. Grants may provide stipends for individuals enrolled in courses developed by the partnership. (b) Selection Process.--(1) An institution of higher education seeking funding under this section shall submit an application at such time, in such manner, and containing such information as shall be specified by the Interagency Working Group and published in a proposal solicitation for the Program. The application shall include at a minimum-- (A) a description of the partnership and the role each member will play in implementing the proposal; (B) a description of the courses of study that will be provided; (C) a description of the number and size of stipends, if offered; (D) a description of the source and amount of cost sharing to be provided; and (E) a description of the manner in which the partnership will be continued after assistance under this section ends. (2) The evaluation of the applications submitted under paragraph (1) shall be carried out in accordance with procedures developed by the Interagency Working Group and shall consider, at a minimum-- (A) the ability of the partnership to carry out effectively the proposed activities; (B) the degree to which such activities are likely to prepare chemists and chemical engineers sufficiently to be competent to apply green chemistry concepts and strategies in their work; and (C) the amount of cost sharing to be provided. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) National Science Foundation.--(1) From sums otherwise authorized to be appropriated by the National Science Foundation Authorization Act of 2002, there are authorized to be appropriated to the National Science Foundation for carrying out this Act-- (A) $7,000,000 for fiscal year 2006; (B) $7,500,000 for fiscal year 2007; and (C) $8,000,000 for fiscal year 2008. (2) The sums authorized by paragraph (1) are in addition to any funds the National Science Foundation is spending on green chemistry through its ongoing chemistry and chemical engineering programs. (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 2006; (2) $5,500,000 for fiscal year 2007; and (3) $6,000,000 for fiscal year 2008. (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 2006; (2) $7,500,000 for fiscal year 2007; and (3) $8,000,000 for fiscal year 2008. (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 2006; (2) $7,500,000 for fiscal year 2007; and (3) $8,000,000 for fiscal year 2008.

Green Chemistry Research and Development Act of 2005 - 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. Requires the President to establish an Interagency Working Group to oversee the planning, management, and coordination of the Program. Amends the National Institute of Standards and Technology Act to provide for the Regional Centers for the Transfer of Manufacturing Technology to enhance productivity and technological performance in U.S. manufacturing through the enabling of supply chain manufacturers to continuously make improvements with the aim of reducing or eliminating the use or generation of hazardous substances. Requires the Director of the National Science Foundation to carry out a program to award grants to institutions of higher education to support their efforts to revise their undergraduate curriculum in chemistry and chemical engineering to incorporate green chemistry concepts and strategies. Requires such Director to enter into an arrangement with the National Research Council to conduct a study of, and report on, the factors that constitute barriers to the successful commercial application of promising results from green chemistry research and development. Directs the agencies participating in the Program to carry out a joint, coordinated program to award grants to institutions of higher education to establish partnerships with companies in the chemical industry to retrain chemists and chemical engineers in the use of green chemistry concepts and strategies.

SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) The placement of telecommunications facilities near residential properties can greatly reduce the value of such properties, destroy the views from such properties, and reduce substantially the desire to live in the area. (2) States and local governments should be able to exercise control over the placement, construction, and modification of such facilities through the use of zoning, planned growth, and other land use regulations relating to the protection of the environment and public health, safety, and welfare of the community. (3) There are alternatives to the construction of facilities to meet telecommunications and broadcast needs, including, but not limited to, alternative locations, colocation of antennas on existing towers or structures, towerless PCS-Over-Cable or PCS-Over-Fiber telephone service, satellite television systems, low-Earth orbit satellite communication networks, and other alternative technologies. (4) There are alternative methods of designing towers to meet telecommunications and broadcast needs, including the use of small towers that do not require blinking aircraft safety lights, break skylines, or protrude above tree canopies and that are camouflaged or disguised to blend with their surroundings, or both. (5) On August 19, 1997, the Federal Communications Commission issued a proposed rule, MM Docket No. 97-182, which would preempt the application of State and local zoning and land use ordinances regarding the placement, construction, and modification of broadcast transmission facilities. It is in the interest of the Nation that the Commission not adopt this rule. (6) It is in the interest of the Nation that the memoranda opinions and orders and proposed rules of the Commission with respect to application of certain ordinances to the placement of such towers (WT Docket No. 97-192, ET Docket No. 93-62, RM- 8577, and FCC 97-303, 62 F.R. 47960) be modified in order to permit State and local governments to exercise their zoning and land use authorities, and their power to protect public health and safety, to regulate the placement of telecommunications or broadcast facilities and to place the burden of proof in civil actions, and in actions before the Commission and State and local authorities relating to the placement, construction, and modification of such facilities, on the person or entity that seeks to place, construct, or modify such facilities. (7) PCS-Over-Cable, PCS-Over-Fiber, and satellite telecommunications systems, including low-Earth orbit satellites, offer a significant opportunity to provide so- called ``911'' emergency telephone service throughout much of the United States. (8) According to the Comptroller General, the Commission does not consider itself a health agency and turns to health and radiation experts outside the Commission for guidance on the issue of health and safety effects of radio frequency exposure. (9) The Federal Aviation Administration does not have adequate authority to regulate the placement, construction, and modification of telecommunications facilities near airports or high-volume air traffic areas such as corridors of airspace or commonly used flyways. The Commission's proposed rules to preempt State and local zoning and land-use regulations for the siting of such facilities will have a serious negative impact on aviation safety, airport capacity and investment, and the efficient use of navigable airspace. (10) The telecommunications industry and its experts should be expected to have access to the best and most recent technical information and should therefore be held to the highest standards in terms of their representations, assertions, and promises to governmental authorities. (11) There has been a substantial effort by the Federal Government to determine the effects of electric and magnetic fields on biological systems, as is evidenced by the Electric and Magnetic Fields Research and Public Information Dissemination (RAPID) Program, which was established by section 2118 of the Energy Policy Act of 1992 (Public Law 102-486; 42 U.S.C. 13478). This five-year program, which was coordinated by the National Institute of Environmental Health Sciences and the Department of Energy, examined the possible effects of electric and magnetic fields on human health. Despite the success of this program, there has been no similar effort by the Federal Government to determine the possible effects on human health of radio frequency emissions associated with telecommunications facilities. The RAPID program could serve as the excellent model for a Federally-sponsored research project. (b) Purposes.--The purposes of this Act are as follows: (1) To repeal certain limitations on State and local authority regarding the placement, construction, and modification of personal wireless service facilities and related facilities as such limitations arise under section 332(c)(7) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)). (2) To permit State and local governments-- (A) in cases where the placement, construction, or modification of telecommunications facilities and other facilities is inconsistent with State and local regulations, laws, or decisions, to require the use of alternative telecommunication or broadcast technologies when such alternative technologies are available; (B) to regulate the placement, modification, and construction of such facilities so that their placement, construction, or modification will not interfere with the safe and efficient use of public airspace or otherwise compromise or endanger public safety; and (C) to hold applicants for permits for the placement, construction, or modification of such telecommunications facilities, and providers of services using such towers and facilities, accountable for the truthfulness and accuracy of representations and statements placed in the record of hearings for such permits, licenses, or approvals. SEC. 2. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND MODIFICATION OF TELECOMMUNICATIONS FACILITIES. (a) Repeal of Limitations on Regulation of Personal Wireless Facilities.--Section 332(c)(7)(B) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(B)) is amended-- (1) in clause (i), by striking ``thereof--'' and all that follows through the end and inserting ``thereof shall not unreasonably discriminate among providers of functionally equivalent services.''; (2) by striking clause (iv); (3) by redesignating clause (v) as clause (iv); and (4) in clause (iv), as so redesignated-- (A) in the first sentence, by striking ``30 days after such action or failure to act'' and inserting ``30 days after exhaustion of any administrative remedies with respect to such action or failure to act''; and (B) by striking the third sentence and inserting the following: ``In any such action in which a person seeking to place, construct, or modify a telecommunications facility is a party, such person shall bear the burden of proof, regardless of who commences the action.''. (b) Prohibition on Adoption of Rule Regarding Preemption of State and Local Authority Over Broadcast Transmission Facilities.-- Notwithstanding any other provision of law, the Federal Communications Commission may not adopt as a final rule or otherwise the proposed rule set forth in ``Preemption of State and Local Zoning and Land Use Restrictions on Siting, Placement and Construction of Broadcast Station Transmission Facilities'', MM Docket No. 97-182, released August 19, 1997. (c) Authority Over Placement, Construction, and Modification of Other Transmission Facilities.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 337. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND MODIFICATION OF TELECOMMUNICATIONS FACILITIES. ``(a) In General.--Notwithstanding any other provision of this Act, no provision of this Act may be interpreted to authorize any person or entity to place, construct, or modify telecommunications facilities in a manner that is inconsistent with State or local law, or contrary to an official decision of the appropriate State or local government entity having authority to approve, permit, license, modify, or deny an application to place, construct, or modify a tower, if alternate technology is capable of delivering the broadcast or telecommunications signals without the use of a tower. ``(b) Authority Regarding Production of Safety and Interference Studies.--No provision of this Act may be interpreted to prohibit a State or local government from-- ``(1) requiring a person or entity seeking authority to place, construct, or modify telecommunications facilities or broadcast transmission facilities within the jurisdiction of such government to produce-- ``(A) environmental studies, engineering reports, or other documentation of the compliance of such facilities with radio frequency exposure limits established by the Commission and compliance with applicable laws and regulations governing the effects of the proposed facility on the health, safety, and welfare of local residents in the community; and ``(B) documentation of the compliance of such facilities with applicable Federal, State, and local aviation safety standards or aviation obstruction standards regarding objects effecting navigable airspace; or ``(2) refusing to grant authority to such person to locate such facilities within the jurisdiction of such government if such person fails to produce any studies, reports, or documentation required under paragraph (1). ``(c) Construction.--Nothing in this section may be construed to prohibit or otherwise limit the authority of a State or local government to ensure compliance with or otherwise enforce any statements, assertions, or representations filed or submitted by or on behalf of an applicant with the State or local government for authority to place, construct, or modify telecommunications facilities or broadcast transmission facilities within the jurisdiction of the State or local government.''. SEC. 3. ASSESSMENT OF RESEARCH ON EFFECTS OF RADIO FREQUENCY EMISSIONS ON HUMAN HEALTH. (a) Assessment.--The Secretary of Health and Human Services shall carry out an independent assessment on the effects of radio frequency emission on human health. The Secretary shall carry out the independent assessment through grants to appropriate public and private entities selected by the Secretary for purposes of the independent assessment. (b) Authorization of Appropriations.--There are hereby authorized to be appropriated for the Secretary of Health and Human Services for fiscal year 2000, $10,000,000 for purposes of grants for the independent assessment required by subsection (a). Amounts appropriated pursuant to the authorization of appropriation in the preceding sentence shall remain available until expended. (c) The Secretary of Health and Human Services shall produce a report on existing research evaluating the biological effects to human health of short term, high-level, as well as long-term, low-level exposures to radio frequency emissions to Congress no later than January 1, 2001.

Amends the Communications Act of 1934 (the Act) to repeal a provision which prohibits a State or local government from regulating the placement, construction, and modification of personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such facilities comply with Federal Communications Commission (FCC) regulations concerning such emissions. Requires, in an action in which a person is seeking to place, construct, or modify a telecommunications facility, that such person bear the burden of proof as to the necessity of such placement, construction, or modification. Prohibits the FCC from adopting as a final rule a specified proposed rule which preempts State and local authority over the placement of broadcast transmission facilities. States that no provision of the Act may be interpreted to: (1) authorize any person or entity to place, construct, or modify telecommunications facilities in a manner inconsistent with State or local law if alternative technology is capable of delivering the broadcast or telecommunications signals without the use of a tower; or (2) prohibit a State or local government from requiring the production of safety and interference studies with respect to such facilities. Requires the Secretary of Health and Human Services to carry out an independent assessment of the effects of radio frequency emission on human health. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Infertility Coverage for Federal Employees, Military Personnel, and their Families Act''. SEC. 2. INFERTILITY BENEFITS. (a) Federal Employee Health Benefits Plans.--Section 8904 of title 5, United States Code, is amended by adding at the end the following: ``(c)(1) Each health benefits plan described by section 8903 or 8903a which provides obstetrical benefits shall also provide coverage for the diagnosis and treatment of infertility, including nonexperimental assisted reproductive technology procedures. ``(2) Under this subsection-- ``(A) coverage for the diagnosis or treatment of infertility may not be subject to any copayment or deductible greater than applies with respect to obstetrical benefits under the plan involved; and ``(B) coverage for a procedure described in paragraph (5)(B) shall, in the case of any individual, be required only if-- ``(i) such individual has been unable to carry a pregnancy to live birth through less costly, medically appropriate infertility treatments for which such individual has coverage under this chapter; ``(ii) the procedure (including any retrieval incident thereto) is performed at medical facilities that conform to the standards of the American Society for Reproductive Medicine, the Society for Assisted Reproductive Technology, the American College of Obstetricians and Gynecologists, or any other similar nationally-recognized organization, or a Federal agency that promulgates standards for infertility procedures; and ``(iii) if the services of a laboratory are required, such laboratory is accredited by the College of American Pathologists' Reproductive Laboratory Accreditation Program or any other similar nationally- recognized program, or a Federal agency performing a similar function. ``(3)(A) Except as provided in subparagraph (B) or (C)-- ``(i) coverage for a procedure described in paragraph (5)(B) may be provided only if the individual involved has not already undergone 4 attempts to achieve a live birth using any such procedures; and ``(ii) coverage for an oocyte retrieval may be provided only if the individual involved has not already undergone 4 complete oocyte retrievals. ``(B) For purposes of clause (i) of subparagraph (A)-- ``(i) if a live birth results from the third attempt (using a procedure described in paragraph (5)(B)), such clause shall be applied by substituting `5' for `4'; and ``(ii) if a live birth results from the fourth attempt (using a procedure described in paragraph (5)(B)), such clause shall be applied by substituting `6' for the otherwise applicable lifetime maximum. ``(C) For purposes of clause (ii) of subparagraph (A)-- ``(i) if a live birth results from the third oocyte retrieval, such clause shall be applied by substituting `5' for `4'; and ``(ii) if a live birth results from the fourth oocyte retrieval, such clause shall be applied by substituting `6' for the otherwise applicable lifetime maximum. ``(4) In no event shall this subsection be considered to permit or require coverage-- ``(A) if, or to the extent that, the health benefits plan objects to such coverage on the basis of religious beliefs; or ``(B) in connection with any procedure or treatment, unless rendered by a physician or at the direction or request of a physician. ``(5) For purposes of this subsection-- ``(A) the term `infertility' means-- ``(i) the inability to conceive a pregnancy after 12 months of regular sexual relations without contraception or to carry a pregnancy to a live birth; or ``(ii) the presence of a demonstrated condition determined by 2 physicians (at least 1 of whom specializes in infertility) to cause infertility; and ``(B) the term `nonexperimental assisted reproductive technology procedure' means in vitro fertilization, gamete intrafallopian transfer, zygote intrafallopian transfer, and any other clinical treatment or procedure the safety and efficacy of which are recognized by the American Society for Reproductive Medicine, the American College of Obstetricians and Gynecologists, or any other similar nationally-recognized organization, or a Federal agency described in paragraph (2)(B)(iii). ``(6) The Office shall prescribe any regulations necessary to carry out this subsection.''. (b) Defense Health Care Plans.--(1) Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1110a. Obstetrical and infertility benefits ``(a)(1) Any health care plan under this chapter which provides obstetrical benefits shall also provide coverage for the diagnosis and treatment of infertility, including nonexperimental assisted reproductive technology procedures. ``(2) Under this subsection-- ``(A) coverage for the diagnosis or treatment of infertility may not be subject to any copayment or deductible greater than applies with respect to obstetrical benefits under the plan involved; and ``(B) coverage for a procedure described in paragraph (5)(B) shall, in the case of any individual, be required only if-- ``(i) such individual has been unable to carry a pregnancy to live birth through less costly, medically appropriate infertility treatments for which such individual has coverage under this chapter; ``(ii) the procedure (including any retrieval incident thereto) is performed at medical facilities that conform to the standards of the American Society for Reproductive Medicine, the Society for Assisted Reproductive Technology, the American College of Obstetricians and Gynecologists, or any other similar nationally-recognized organization, or a Federal agency that promulgates standards for infertility procedures; and ``(iii) if the services of a laboratory are required, such laboratory is accredited by the College of American Pathologists' Reproductive Laboratory Accreditation Program or any other similar nationally- recognized program, or a Federal agency performing a similar function. ``(3)(A) Except as provided in subparagraph (B) or (C)-- ``(i) coverage for a procedure described in paragraph (5)(B) may be provided only if the individual involved has not already undergone 4 attempts to achieve a live birth using any such procedures; and ``(ii) coverage for an oocyte retrieval may be provided only if the individual involved has not already undergone 4 complete oocyte retrievals. ``(B) For purposes of clause (i) of subparagraph (A)-- ``(i) if a live birth results from the third attempt (using a procedure described in paragraph (5)(B)), such clause shall be applied by substituting `5' for `4'; and ``(ii) if a live birth results from the fourth attempt (using a procedure described in paragraph (5)(B)), such clause shall be applied by substituting `6' for the otherwise applicable lifetime maximum. ``(C) For purposes of clause (ii) of subparagraph (A)-- ``(i) if a live birth results from the third oocyte retrieval, such clause shall be applied by substituting `5' for `4'; and ``(ii) if a live birth results from the fourth oocyte retrieval, such clause shall be applied by substituting `6' for the otherwise applicable lifetime maximum. ``(4) In no event shall this subsection be considered to permit or require coverage-- ``(A) if, or to the extent that, the health benefits plan objects to such coverage on the basis of religious beliefs; or ``(B) in connection with any procedure or treatment, unless rendered by a physician or at the direction or request of a physician. ``(5) For purposes of this subsection-- ``(A) the term `infertility' means-- ``(i) the inability to conceive a pregnancy after 12 months of regular sexual relations without contraception or to carry a pregnancy to a live birth; or ``(ii) the presence of a demonstrated condition determined by 2 physicians (at least 1 of whom specializes in infertility) to cause infertility; and ``(B) the term `nonexperimental assisted reproductive technology procedure' means in vitro fertilization, gamete intrafallopian transfer, zygote intrafallopian transfer, and any other clinical treatment or procedure the safety and efficacy of which are recognized by the American Society for Reproductive Medicine, the American College of Obstetricians and Gynecologists, or any other similar nationally-recognized organization, or a Federal agency described in paragraph (2)(B)(iii). ``(b) The Secretary of Defense shall prescribe any regulations necessary to carry out this section.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1110a. Obstetrical and infertility benefits.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to contracts entered into or renewed for any year beginning after the end of the 6-month period beginning on the date of enactment of this Act.

Infertility Coverage for Federal Employees, Military Personnel, and their Families Act - Requires any health benefits plan under the Federal Employees Health Benefit Program or TRICARE (a Department of Defense managed health care program) that provides obstetrical benefits to also provide coverage for the diagnosis and treatment of infertility, including nonexperimental assisted reproductive technology procedures.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Communities and Safe Schools Mercury Reduction Act of 2005''. SEC. 2. FINDINGS. The Congress finds the following: (1) Mercury is a naturally occurring element and bioaccumulative toxin that is easily absorbed through skin and respiratory and gastrointestinal tissues. (2) Although mercury is naturally occurring, studies have shown that its concentration has increased dramatically over the past 150 to 200 years due to mining and industrial activities. (3) Common sources of mercury released into the environment include breakage of mercury-containing products like fluorescent bulbs and thermometers, the manufacturing of mercury-containing products, and incineration of mercury- containing products. (4) According to recent studies, mercury deposits are a significant public health threat in many States throughout the United States. (5) Fetuses, infants, and young children are at the greatest risk from chronic low level mercury exposure. (6) A study by the Centers for Disease Control and Prevention found that approximately 8 percent of women of childbearing age in the United States had mercury levels exceeding the level considered safe by the Environmental Protection Agency for protecting the fetus. This translates into approximately 60,000 babies born each year in the United States at risk of developmental harm due to mercury exposure in the womb. (7) A study published in the Journal of Obstetrics and Gynecology found that elevated mercury exposures associated with seafood could be linked to an increased risk of infertility in both men and women. (8) Mercury pollution is widespread. As of early 2003, 43 States had issued mercury fish consumption advisories for one or more freshwater or marine fish. (9) Mercury is the most common pollutant triggering fish consumption advisories in the United States. The number of mercury advisories has increased 138 percent from 1994 to 2002. In 2002, mercury advisories covered 12,000,000 lake acres and 470,000 river miles. (10) According to the Mercury Study Report, prepared by the Environmental Protection Agency and submitted to Congress in 1997, mercury fever thermometers contribute approximately 17 tons of mercury to solid waste each year. (11) Numerous mercury spills have been documented in schools, often causing thousands of dollars to clean up. A mercury spill in Washington, D.C., in September of 2003 cost over $1,000,000 to clean up and resulted in a temporary school closure of several weeks. (12) Mercury-containing thermostats generally contain 3 grams of mercury, which is enough mercury to poison a 60 acre lake for one year. (13) Automobile scrapping is the fourth largest source of mercury pollution nationwide, behind waste incineration, coal- fired power plants, and commercial and industrial boilers. It is estimated that about 20,000 pounds of automotive mercury are released each year in the United States. SEC. 3. GRANT PROGRAM. (a) Establishment.--The Administrator of the Environmental Protection Agency (in this Act referred to as the ``Administrator'') shall establish a program for making renewable grants to governmental and nonprofit agencies and organizations, and to for-profit entities, for projects to-- (1) reduce harmful free-flowing elemental mercury and mercury-added products from the environment; (2) safely dispose of or recycle harmful mercury; (3) educate communities and citizens about the harmful effects of mercury; (4) develop and carry out a plan, in accordance with guidance provided by the Administrator under section 5, on how to eliminate free flowing mercury and instruments containing mercury from the premises of K-12 public and private schools; (5) carry out a mercury thermometer exchange program; or (6) facilitate the recovery and safe disposal and management of mercury-added components from automobiles. (b) Procedures and Selection Criteria.--The Administrator shall establish procedures for the selection of grant recipients under this section, including requirements that appropriate records and information be made available to the Administrator as necessary to ensure that grant funds are used for the purposes for which they are provided. Criteria for selection shall include-- (1) strengths and weaknesses of the project; (2) adequacy of overall project design; (3) competency of proposed staff; (4) suitability of applicant's available resources; (5) appropriateness of the proposed project duration and budget; and (6) probability that the project will accomplish stated objectives. (c) Recycling Programs.--Funds provided through a grant provided under this section may be used for a recycling program only if more than 50 percent of the total material recycled under the program is mercury. (d) Automobile Components.--The Administrator shall encourage States to develop programs that facilitate the recovery and safe disposal and management of mercury-added component parts from automobiles. These programs should target the removal of mercury-added components when they are being replaced or removed from scrapped vehicles. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator for carrying out this section $75,000,000 for each of the fiscal years 2006 through 2009. SEC. 4. SALE OF THERMOMETERS; THERMOSTAT REPLACEMENT AND RECYCLING. (a) In General.--Subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) is amended by adding at the end the following: ``SEC. 3024. MERCURY. ``(a) Sale of Thermometers.--Effective beginning 180 days after the date of enactment of this section-- ``(1) a person shall not sell or supply a mercury fever thermometer to a consumer, except by prescription; and ``(2) with each mercury fever thermometer sold or supplied by prescription, the manufacturer of the thermometer shall provide clear instructions on-- ``(A) careful handling of the thermometer to avoid breakage; and ``(B) proper cleanup of the thermometer and its contents in the event of breakage. ``(b) Thermostat Replacement.--Effective beginning 2 years after the date of enactment of this section-- ``(1) a contractor who replaces a building thermostat in a residential or commercial building shall dispose of the replaced thermostat through a recycling program established or participated in under paragraph (2); and ``(2) each manufacturer of building thermostats for installation in a residential or commercial building shall-- ``(A) establish or participate in a program for the safe and environmentally responsible recycling of thermostats replaced by the manufacturer's thermostats; and ``(B) establish or participate in a program to clearly educate individuals who sell or install the manufacturer's thermostats about the program established under subparagraph (A).''. (b) Conforming Amendment.--Section 1001 of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding at the end of the items relating to subtitle C the following: ``Sec. 3024. Mercury.''. SEC. 5. SCHOOL PREMISES GUIDANCE. Not later than 1 year after the date of enactment of this Act, the Administrator shall publish guidance to assist State and local governments to remove elemental free-flowing mercury and mercury-added instruments from the premises of public and private schools. Thermostats, computers, and motorized vehicles shall not be considered instruments for the purposes of this section. SEC. 6. ANNUAL REPORT. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator, after obtaining necessary information from appropriate State agencies, shall transmit to the Congress a report on the progress made under this Act. Such report shall include-- (1) an executive summary; (2) a brief description of the background of this Act; (3) a State-by-State progress summary of mercury reduction efforts relating to this Act, including a quantitative analysis of the amount of mercury eliminated, recycled, or disposed of in each State, and an identification of the method or program responsible; (4) a description of grants and amounts awarded under section 3, and of the criteria used for awarding those grants; (5) a summary of a few selected mercury reduction programs that received grants, with a description of the success or problems each program had; (6) a detailed financial reporting of total administration costs of carrying out this Act; (7) a joint summary, by the Administrator and appropriate State officials, that describes the coordination and communication progress and problems between the Federal and State Governments in carrying out this Act; and (8) recommendations for greater efficiency or improvement of administration of this Act. SEC. 7. MERCURY AMALGAM REDUCTION. (a) In General.--Not later than 3 years after the date of enactment of this Act, the Administrator shall issue guidelines that specify requirements for dentists to capture 90 percent or more of mercury- laden amalgam when administering amalgam to, or recovering amalgam from, their patients. (b) Considerations.--The guidelines described in subsection (a) shall take into account-- (1) Federal, State, and local mercury-laden amalgam programs in existence; (2) current use of mercury-laden amalgam by dentists; (3) current waste management practices used by dental offices and their mercury-laden amalgam capture rates; (4) the number of technologies that capture mercury-laden amalgam, and their availability, capture rates, and affordability; (5) the economic costs to dental offices in meeting the 90 percent capture requirements; (6) structural designs of office buildings that may restrict technologies that can be used to capture mercury-laden amalgam; (7) implementing a process in which dental offices can request an exemption waiver from meeting these requirements; (8) geographic areas where the bioaccumulation of mercury- laden amalgam is more likely; and (9) lack of recycling or waste management programs or infrastructure that supports the safe removal and management of mercury-laden amalgam within reasonable proximities to dental offices.

Safe Communities and Safe Schools Mercury Reduction Act of 2005 - Requires the Administrator of the Environmental Protection Agency (EPA) to establish a grant program for projects to: (1) reduce free-flowing elemental mercury and mercury-added products from the environment; (2) safely dispose of or recycle mercury; (3) educate communities and citizens about mercury's harmful effects; (4) develop and carry out a plan for eliminating free-flowing mercury and instruments containing mercury from K-12 public and private schools; (5) carry out a mercury thermometer exchange program; or (6) facilitate the recovery, and safe disposal and management, of mercury-added components from automobiles. Directs the Administrator to encourage States to develop programs that facilitate the recovery and safe disposal and management of mercury-added component parts from automobiles when components are being replaced or removed from scrapped vehicles. Amends the Solid Waste Disposal Act to: (1) prohibit the sale or supplying of mercury fever thermometers to consumers except by prescription; and (2) require manufacturers of such prescribed thermometers to provide instructions on careful handling to avoid breakage and proper cleanup in the event of breakage. Requires contractors who replace building thermostats in residential or commercial buildings to dispose of replaced thermometers through recycling programs established or participated in by building thermostat manufacturers as required by this Act. Requires the Administrator to publish guidance to assist State and local governments in removing elemental free-flowing mercury and mercury-added instruments from public and private schools. Directs the Administrator to issue regulations requiring dentists to capture 90 percent or more of mercury-laden amalgam when administering amalgam to or recovering amalgam from patients. Sets forth considerations that such guidelines shall take into account.

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``National Transportation Safety Board Amendments Act of 2000''. (b) References.--Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision of law, the reference shall be considered to be made to a section or other provision of title 49, United States Code. SEC. 2. DEFINITIONS. Section 1101 is amended to read as follows: ``Sec. 1101. Definitions ``Section 2101(17a) of title 46 and section 40102(a) of this title apply to this chapter. In this chapter, the term `accident' includes damage to or destruction of vehicles in surface or air transportation or pipelines, regardless of whether the initiating event is accidental or otherwise.''. SEC. 3. AUTHORITY TO ENTER INTO AGREEMENTS. (a) In General.--Section 1113(b)(1)(I) is amended to read as follows: ``(I) negotiate and enter into agreements with individuals and private entities and departments, agencies, and instrumentalities of the Government, State and local governments, and governments of foreign countries for the provision of facilities, accident-related and technical services or training in accident investigation theory and techniques, and require that such entities provide appropriate consideration for the reasonable costs of any facilities, goods, services, or training provided by the Board.''. (b) Deposit of Amounts.-- (1) Section 1113(b)(2) is amended-- (A) by inserting ``as offsetting collections'' after ``to be credited''; and (B) by adding after ``Board.'' the following: ``The Board shall maintain an annual record of collections received under paragraph (1)(I) of this subsection.''. (2) Section 1114(a) is amended-- (A) by inserting ``(1)'' before ``Except''; and (B) by adding at the end thereof the following: ``(2) The Board shall deposit in the Treasury amounts received under paragraph (1) to be credited to the appropriation of the Board as offsetting collections.''. (3) Section 1115(d) is amended by striking ``of the `National Transportation Safety Board, Salaries and Expenses''' and inserting ``of the Board''. SEC. 4. OVERTIME PAY. Section 1113 is amended by adding at the end the following: ``(g) Overtime Pay.-- ``(1) In general.--Subject to the requirements of this section and notwithstanding paragraphs (1) and (2) of section 5542(a) of title 5, for an employee of the Board whose basic pay is at a rate which equals or exceeds the minimum rate of basic pay for GS-10 of the General Schedule, the Board may establish an overtime hourly rate of pay for the employee with respect to work performed at the scene of an accident (including travel to or from the scene) and other work that is critical to an accident investigation in an amount equal to one and one-half times the hourly rate of basic pay of the employee. All of such amount shall be considered to be premium pay. ``(2) Limitation on overtime pay to an employee.--An employee of the Board may not receive overtime pay under paragraph (1), for work performed in a calendar year, in an amount that exceeds 15 percent of the annual rate of basic pay of the employee for such calendar year. ``(3) Limitation on total amount of overtime pay.--The Board may not make overtime payments under paragraph (1) for work performed in any fiscal year in a total amount that exceeds 1.5 percent of the amount appropriated to carry out this chapter for that fiscal year. ``(4) Basic pay defined.--In this subsection, the term `basic pay' includes any applicable locality-based comparability payment under section 5304 of title 5 (or similar provision of law) and any special rate of pay under section 5305 of title 5 (or similar provision of law). ``(5) Annual report.--Not later than January 31, 2002, and annually thereafter, the Board shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House Transportation and Infrastructure Committee a report identifying the total amount of overtime payments made under this subsection in the preceding fiscal year, and the number of employees whose overtime pay under this subsection was limited in that fiscal year as a result of the 15 percent limit established by paragraph (2).''. SEC. 5. RECORDERS. (a) Cockpit Video Recordings.--Section 1114(c) is amended-- (1) by striking ``Voice'' in the subsection heading; (2) by striking ``cockpit voice recorder'' in paragraphs (1) and (2) and inserting ``cockpit voice or video recorder''; and (3) by inserting ``or any written depiction of visual information'' after ``transcript'' in the second sentence of paragraph (1). (b) Surface Vehicle Recordings and Transcripts.-- (1) In general.--Section 1114 is amended-- (A) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (B) by inserting after subsection (e) the following: ``(d) Surface Vehicle Recordings and Transcripts.-- ``(1) Confidentiality of recordings.--The Board may not disclose publicly any part of a surface vehicle voice or video recorder recording or transcript of oral communications by or among drivers, train employees, or other operating employees responsible for the movement and direction of the vehicle or vessel, or between such operating employees and company communication centers, related to an accident investigated by the Board. However, the Board shall make public any part of a transcript or any written depiction of visual information that the Board decides is relevant to the accident-- ``(A) if the Board holds a public hearing on the accident, at the time of the hearing; or ``(B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the accident are placed in the public docket. ``(2) References to information in making safety recommendations.--This subsection does not prevent the Board from referring at any time to voice or video recorder information in making safety recommendations.''. (2) Conforming amendment.--The first sentence of section 1114(a) is amended by striking ``and (e)'' and inserting ``(d), and (f)''. (c) Discovery and Use of Cockpit and Surface Vehicle Recordings and Transcripts.-- (1) In general.--Section 1154 is amended-- (A) by striking the section heading and inserting the following: ``Sec. 1154. Discovery and use of cockpit and surface vehicle recordings and transcripts''; (B) by striking ``cockpit voice recorder'' each place it appears in subsection (a) and inserting ``cockpit or surface vehicle recorder''; (C) by striking ``section 1114(c)'' each place it appears in subsection (a) and inserting ``section 1114(c) or 1114(d)''; and (D) by adding at the end the following: ``(6) In this subsection: ``(A) Recorder.--The term `recorder' means a voice or video recorder. ``(B) Transcript.--The term `transcript' includes any written depiction of visual information obtained from a video recorder.''. (2) Conforming amendment.--The chapter analysis for chapter 11 is amended by striking the item relating to section 1154 and inserting the following: ``1154. Discovery and use of cockpit and surface vehicle recordings and transcripts.''. SEC. 6. PRIORITY OF INVESTIGATIONS. (a) In General.--Section 1131(a)(2) is amended-- (1) by striking ``(2) An investigation'' and inserting: ``(2)(A) Subject to the requirements of this paragraph, an investigation''; and (2) by adding at the end the following: ``(B) If the Attorney General, in consultation with the Chairman of the Board, determines and notifies the Board that circumstances reasonably indicate that the accident may have been caused by an intentional criminal act, the Board shall relinquish investigative priority to the Federal Bureau of Investigation. The relinquishment of investigative priority by the Board shall not otherwise affect the authority of the Board to continue its investigation under this section. ``(C) If a Federal law enforcement agency suspects and notifies the Board that an accident being investigated by the Board under subparagraph (A), (B), (C), or (D) of paragraph (1) may have been caused by an intentional criminal act, the Board, in consultation with the law enforcement agency, shall take necessary actions to ensure that evidence of the criminal act is preserved.''. (b) Revision of 1977 Agreement.--Not later than 1 year after the date of the enactment of this Act, the National Transportation Safety Board and the Federal Bureau of Investigation shall revise their 1977 agreement on the investigation of accidents to take into account the amendments made by this Act. SEC. 7. PUBLIC AIRCRAFT INVESTIGATION CLARIFICATION. Section 1131(d) is amended by striking ``1134(b)(2)'' and inserting ``1134 (a), (b), (d), and (f)''. SEC. 8. MEMORANDUM OF UNDERSTANDING. Not later than 1 year after the date of the enactment of this Act, the National Transportation Safety Board and the United States Coast Guard shall revise their Memorandum of Understanding governing major marine accidents-- (1) to redefine or clarify the standards used to determine when the National Transportation Safety Board will lead an investigation; and (2) to develop new standards to determine when a major marine accident involves significant safety issues relating to Coast Guard safety functions. SEC. 9. TRAVEL BUDGETS. The Chairman of the National Transportation Safety Board shall establish annual fiscal year budgets for non-accident-related travel expenditures for Board members which shall be approved by the Board and submitted to the Senate Committee on Commerce, Science, and Transportation and to the House of Representatives Committee on Transportation and Infrastructure together with an annual report detailing the non-accident-related travel of each Board member. The report shall include separate accounting for foreign and domestic travel, including any personnel or other expenses associated with that travel. SEC. 10. CHIEF FINANCIAL OFFICER. Section 1111 is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following: ``(h) Chief Financial Officer.--The Chairman shall designate an officer or employee of the Board as the Chief Financial Officer. The Chief Financial Officer shall-- ``(1) report directly to the Chairman on financial management and budget execution; ``(2) direct, manage, and provide policy guidance and oversight on financial management and property and inventory control; and ``(3) review the fees, rents, and other charges imposed by the Board for services and things of value it provides, and suggest appropriate revisions to those charges to reflect costs incurred by the Board in providing those services and things of value.''. SEC. 11. IMPROVED AUDIT PROCEDURES. The National Transportation Safety Board, in consultation with the Inspector General of the Department of Transportation, shall develop and implement comprehensive internal audit controls for its financial programs based on the findings and recommendations of the private sector audit firm contract entered into by the Board in March, 2000. The improved internal audit controls shall, at a minimum, address Board asset management systems, including systems for accounting management, debt collection, travel, and property and inventory management and control. SEC. 12. AUTHORITY OF THE INSPECTOR GENERAL. (a) In General.--Subchapter III of chapter 11 of subtitle II is amended by adding at the end the following: ``Sec. 1137. Authority of the Inspector General ``(a) In General.--The Inspector General of the Department of Transportation, in accordance with the mission of the Inspector General to prevent and detect fraud and abuse, shall have authority to review only the financial management, property management, and business operations of the National Transportation Safety Board, including internal accounting and administrative control systems, to determine compliance with applicable Federal laws, rules, and regulations. ``(b) Duties.--In carrying out this section, the Inspector General shall-- ``(1) keep the Chairman of the Board and Congress fully and currently informed about problems relating to administration of the internal accounting and administrative control systems of the Board; ``(2) issue findings and recommendations for actions to address such problems; and ``(3) report periodically to Congress on any progress made in implementing actions to address such problems. ``(c) Access to Information.--In carrying out this section, the Inspector General may exercise authorities granted to the Inspector General under subsections (a) and (b) of section 6 of the Inspector General Act of 1978 (5 U.S.C. App.). ``(d) Reimbursement.--The Inspector General shall be reimbursed by the Board for the costs associated with carrying out activities under this section.''. (b) Conforming Amendment.--The subchapter analysis for such subchapter is amended by adding at the end the following: ``1137. Authority of the Inspector General.''. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. Section 1118 is amended to read as follows: ``Sec. 1118. Authorization of appropriations ``(a) In General.--There are authorized to be appropriated for the purposes of this chapter $57,000,000 for fiscal year 2000, $65,000,000 for fiscal year 2001, and $72,000,000 for fiscal year 2002, such sums to remain available until expended. ``(b) Emergency Fund.--The Board has an emergency fund of $2,000,000 available for necessary expenses of the Board, not otherwise provided for, for accident investigations. Amounts equal to the amounts expended annually out of the fund are authorized to be appropriated to the emergency fund.''. SEC. 14. CREDITING OF LAW ENFORCEMENT FLIGHT TIME. In determining whether an individual meets the aeronautical experience requirements imposed under section 44703 of title 49, United States Code, for an airman certificate or rating, the Secretary of Transportation shall take into account any time spent by that individual operating a public aircraft as defined in section 40102 of title 49, United States Code, if that aircraft is-- (1) identifiable by category and class; and (2) used in law enforcement activities. SEC. 15. TECHNICAL CORRECTION. Section 46301(d)(2) of title 49, United States Code, is amended by striking ``46302, 46303,'' and inserting ``46301(b), 46302, 46303, 46318,''. SEC. 16. CONFIRMATION OF INTERIM FINAL RULE ISSUANCE UNDER SECTION 45301. The publication, by the Department of Transportation, Federal Aviation Administration, in the Federal Register of June 6, 2000 (65 FR 36002) of an interim final rule concerning Fees for FAA Services for Certain Flights (Docket No. FAA-00-7018) is deemed to have been issued in accordance with the requirements of section 45301(b)(2) of title 49, United States Code. SEC. 17. AERONAUTICAL CHARTING. (a) In General.--Section 44721 of title 49, United States Code, is amended-- (1) by striking paragraphs (3) and (4) of subsection (c); and (2) by adding at the end of subsection (g)(1) the following: ``(D) Continuation of prices.--The price of any product created under subsection (d) may correspond to the price of a comparable product produced by a department of the United States Government as that price was in effect on September 30, 2000, and may remain in effect until modified by regulation under section 9701 of title 31, United States Code.''; and (3) by adding at the end of subsection (g) the following: ``(5) Crediting amounts received.--Notwithstanding any other provision of law, amounts received for the sale of products created and services performed under this section shall be fully credited to the account of the Federal Aviation Administration that funded the provision of the products or services and shall remain available until expended.''. (b) Effective Date.--The amendments made by subsection (a) take effect on October 1, 2000. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(Sec. 4) Authorizes the Board, for an employee whose basic pay equals or exceeds the minimum rate for GS-10 of the General Schedule, to establish an overtime hourly rate of time-and-a-half (which shall be considered premium pay), up to a specified annual limit, with respect to work performed at the scene of an accident (including travel to or from the scene) and other work critical to an accident investigation. Limits the total amount of overtime pay that can be paid out in any given fiscal year. (Sec. 5) Extends to cockpit video recordings or written depictions of visual information the same disclosure limitations and requirements (including those applicable to discovery and use of such recordings or written depictions in judicial proceedings) that apply to cockpit voice recordings or transcripts of them. Extends such disclosure limitations and requirements to surface vehicle voice or video recorder recordings or transcripts of oral communications by or among drivers, train employees, or other operating employees responsible for the movement and direction of the vehicle or vessel, or between such operating employees and company communication centers, related to an accident investigated by the Board. (Sec. 6) Revises the Board's current investigative priority over other Federal agencies to require the Board to relinquish such priority to the Federal Bureau of Investigation if the Attorney General determines that circumstances reasonably indicate that the accident may have been caused by an intentional criminal act. Requires the Board to take necessary actions to ensure that evidence is preserved if a Federal law enforcement agency suspects and notifies the Board that an accident the Board is investigating may have been caused by an intentional criminal act. (Sec. 7) Revises the duties and powers of the Board with respect to accidents involving public aircraft. (Sec. 8) Requires the Board and the U.S. Coast Guard to revise their Memorandum of Understanding governing major marine accidents to: (1) to redefine or clarify the standards used to determine when the Board will lead an investigation; and (2) develop new standards to determine when a major marine accident involves significant safety issues relating to Coast Guard safety functions. (Sec. 9) Directs the Chairman of the Board to establish annual fiscal year budgets for approved non-accident-related travel expenditures for Board members, and report annually to specified congressional committees on the non-accident-related travel of each Board member, with separate accounting for foreign and domestic travel. (Sec. 10) Requires the Board Chairman to designate an officer or employee of the Board as the Chief Financial Officer, who shall perform specified duties. (Sec. 11) Directs the Board to develop and implement comprehensive internal audit controls for its financial programs based on the findings and recommendations of the private sector audit firm contract entered into by the Board in March, 2000. Requires the improved internal audit controls, at a minimum, to address Board asset management systems, including systems for accounting management, debt collection, travel, and property and inventory management and control. (Sec. 12) Grants the Inspector General of the Department of Transportation authority to review only the Board's financial management, property management, and business operations. (Sec. 13) Authorizes appropriations for the Board through FY 2002. Increases from $1 million to $2 million the Board's emergency fund for accident investigations. (Sec. 14) Requires the Secretary in determining whether a pilot meets certain aeronautical experience requirements for a pilot certificate or rating to take into account time spent by such pilot operating a public aircraft that meets certain criteria. (Sec. 16) Declares that the publication by the Federal Aviation Administration (FAA) of an interim final rule concerning Fees for FAA Services for Certain Flights (Docket No. FAA-00-7018) in the Federal Register of June 6, 2000, shall be deemed in compliance with certain publication and public comment requirements. (Sec. 17) Sets forth requirements with respect to: (1) the continuation of sale prices (in effect as of September 30, 2000) for aeronautical maps and charts produced by the Office of Aeronautical Charting and Cartography of the National Oceanic and Atmospheric Administration; and (2) the crediting of amounts received from the sale of aeronautical charts and related products and services.

SECTION 1. ESTABLISHMENT OF TOLL FREE NUMBER PILOT PROGRAM. (a) Establishment.--If the Secretary of Commerce determines, on the basis of comments submitted in rulemaking under section 2, that-- (1) interest among manufacturers is sufficient to warrant the establishment of a 3-year toll free number pilot program, and (2) manufacturers will provide fees under section 2(c) so that the program will operate without cost to the Federal Government, the Secretary shall establish such program solely to help inform consumers whether a product is made in America or the equivalent thereof. The Secretary shall publish the toll-free number by notice in the Federal Register. (b) Contract.--The Secretary of Commerce shall enter into a contract for-- (1) the establishment and operation of the toll free number pilot program provided for in subsection (a), and (2) the registration of products pursuant to regulations issued under section 2, which shall be funded entirely from fees collected under section 2(c). (c) Use.--The toll free number shall be used solely to inform consumers as to whether products are registered under section 2 as made in America or the equivalent thereof. Consumers shall also be informed that registration of a product does not mean-- (1) that the product is endorsed or approved by the Government, (2) that the Secretary has conducted any investigation to confirm that the product is a product which meets the definition of made in America or the equivalent thereof, or (3) that the product contains 100 percent United States content. SEC. 2. REGISTRATION. (a) Proposed Regulation.--The Secretary of Commerce shall propose a regulation-- (1) to establish a procedure under which the manufacturer of a product may voluntarily register such product as complying with the definition of a product made in America or the equivalent thereof and have such product included in the information available through the toll free number established under section 1(a); (2) to establish, assess, and collect a fee to cover all the costs (including start-up costs) of registering products and including registered products in information provided under the toll-free number; (3) for the establishment under section 1(a) of the toll- free number pilot program; and (4) to solicit views from the private sector concerning the level of interest of manufacturers in registering products under the terms and conditions of paragraph (1). (b) Promulgation.--If the Secretary determines based on the comments on the regulation proposed under subsection (a) that the toll- free number pilot program and the registration of products is warranted, the Secretary shall promulgate such regulations. (c) Registration Fee.-- (1) In general.--Manufacturers of products included in information provided under section 1 shall be subject to a fee imposed by the Secretary of Commerce to pay the cost of registering products and including them in information provided under subsection (a). (2) Amount.--The amount of fees imposed under paragraph (1) shall-- (A) in the case of a manufacturer, not be greater than the cost of registering the manufacturer's product and providing product information directly attributable to such manufacturer, and (B) in the case of the total amount of fees, not be greater than the total amount appropriated to the Secretary of Commerce for salaries and expenses directly attributable to registration of manufacturers and having products included in the information provided under section 1(a). (3) Crediting and availability of fees.-- (A) In general.--Fees collected for a fiscal year pursuant to paragraph (1) shall be credited to the appropriation account for salaries and expenses of the Secretary of Commerce and shall be available in accordance with appropriation Acts until expended without fiscal year limitation. (B) Collections and appropriation acts.--The fees imposed under paragraph (1)-- (i) shall be collected in each fiscal year in an amount equal to the amount specified in appropriation Acts for such fiscal year, and (ii) shall only be collected and available for the costs described in paragraph (2). SEC. 3. PENALTY. Any manufacturer of a product who knowingly registers a product under section 2 which is not made in America or the equivalent thereof-- (1) shall be subject to a civil penalty of not more than $7500 which the Secretary of Commerce may assess and collect, and (2) shall not offer such product for purchase by the Federal Government. SEC. 4. DEFINITION. For purposes of this Act: (1) The term ``made in America or the equivalent thereof'', with respect to a product, has the meaning given such term for purposes of laws administered by the Federal Trade Commission. (2) The term ``product'' means a product with a retail value of at least $250. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act or in any regulation promulgated under section 2 shall be construed to alter, amend, modify, or otherwise affect in any way, the Federal Trade Commission Act or the opinions, decisions, rules, or any guidance issued by the Federal Trade Commission regarding the use of the term ``made in America or the equivalent thereof'' in labels on products introduced, delivered for introduction, sold, advertised, or offered for sale in commerce. Passed the House of Representatives September 4, 1996. Attest: ROBIN H. CARLE, Clerk.

Directs the Secretary of Commerce, on determining sufficient manufacturer interest, to contract for the establishment of a three-year toll-free number pilot program, funded entirely by manufacturers, to inform consumers whether a product is made in America or the equivalent. Provides for voluntary product registration by manufacturers and collection from manufacturers of fees sufficient to cover registration costs. Imposes penalties for knowingly registering a product that is not American made.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bend Pine Nursery Land Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (2) State.--The term ``State'' means the State of Oregon. SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE SITES. (a) In General.--The Secretary may, under such terms and conditions as the Secretary may prescribe, sell or exchange any or all right, title, and interest of the United States in and to the following National Forest System land and improvements: (1) Tract A, Bend Pine Nursery, comprising approximately 210 acres, as depicted on site plan map entitled ``Bend Pine Nursery Administrative Site, May 13, 1999''. (2) Tract B, the Federal Government owned structures located at Shelter Cove Resort, Deschutes National Forest, buildings only, as depicted on site plan map entitled ``Shelter Cove Resort, November 3, 1997''. (3) Tract C, portions of isolated parcels of National Forest Land located in Township 20 south, Range 10 East section 25 and Township 20 South, Range 11 East sections 8, 9, 16, 17, 20, and 21 consisting of approximately 1,260 acres, as depicted on map entitled ``Deschutes National Forest Isolated Parcels, January 1, 2000''. (4) Tract D, Alsea Administrative Site, consisting of approximately 24 acres, as depicted on site plan map entitled ``Alsea Administrative Site, May 14, 1999''. (5) Tract F, Springdale Administrative Site, consisting of approximately 3.6 acres, as depicted on site plan map entitled ``Site Development Plan, Columbia Gorge Ranger Station, April 22, 1964''. (6) Tract G, Dale Administrative Site, consisting of approximately 37 acres, as depicted on site plan map entitled ``Dale Compound, February 1999''. (7) Tract H, Crescent Butte Site, consisting of approximately .8 acres, as depicted on site plan map entitled ``Crescent Butte Communication Site, January 1, 2000''. (b) Consideration.--Consideration for a sale or exchange of land under subsection (a) may include the acquisition of land, existing improvements, or improvements constructed to the specifications of the Secretary. (c) Applicable Law.--Except as otherwise provided in this Act, any sale or exchange of National Forest System land under subsection (a) shall be subject to the laws (including regulations) applicable to the conveyance and acquisition of land for the National Forest System. (d) Cash Equalization.--Notwithstanding any other provision of law, the Secretary may accept a cash equalization payment in excess of 25 percent of the value of land exchanged under subsection (a). (e) Solicitations of Offers.-- (1) In general.--Subject to paragraph (3), the Secretary may solicit offers for sale or exchange of land under this section on such terms and conditions as the Secretary may prescribe. (2) Rejection of offers.--The Secretary may reject any offer made under this section if the Secretary determines that the offer is not adequate or not in the public interest. (3) Right of first refusal.--The Bend Metro Park and Recreation District in Deschutes County, Oregon, shall be given the right of first refusal to purchase the Bend Pine Nursery described in subsection (a)(1). (f) Revocations.-- (1) In general.--Any public land order withdrawing land described in subsection (a) from all forms of appropriation under the public land laws is revoked with respect to any portion of the land conveyed by the Secretary under this section. (2) Effective date.--The effective date of any revocation under paragraph (1) shall be the date of the patent or deed conveying the land. SEC. 4. DISPOSITION OF FUNDS. (a) Deposit of Proceeds.--The Secretary shall deposit the proceeds of a sale or exchange under section 3(a) in the fund established under Public Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk Act''). (b) Use of Proceeds.--Funds deposited under subsection (a) shall be available to the Secretary, without further Act of appropriation, for-- (1) the acquisition, construction, or improvement of administrative and visitor facilities and associated land in connection with the Deschutes National Forest; (2) the construction of a bunkhouse facility in the Umatilla National Forest; and (3) to the extent the funds are not necessary to carry out paragraphs (1) and (2), the acquisition of land and interests in land in the State. (c) Administration.--Subject to valid existing rights, the Secretary shall manage any land acquired by purchase or exchange under this Act in accordance with the Act of March 1, 1911 (16 U.S.C. 480 et seq.) (commonly known as the ``Weeks Act'') and other laws (including regulations) pertaining to the National Forest System. SEC. 5. CONSTRUCTION OF NEW ADMINISTRATIVE FACILITIES. The Secretary may acquire, construct, or improve administrative facilities and associated land in connection with the Deschutes National Forest System by using-- (1) funds made available under section 4(b); and (2) to the extent the funds are insufficient to carry out the acquisition, construction, or improvement, funds subsequently made available for the acquisition, construction, or improvement. SEC. 6. AUTHORIZATION OF APPROPRIATION. There are authorized to be appropriated such sums as are necessary to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

States that consideration may include land or improvements, and permits a cash equalization payment exceeding 25 percent of the exchanged land. Grants right of first refusal to purchase the Bend Pine Nursery to the Bend Metro Park and Recreation District in Deschutes County, Oregon. (Sec. 4) Requires proceeds to be deposited in the fund established under the Sisk Act. Makes the proceeds from any such sale available to the Secretary without further appropriations Act for: (1) acquisition, construction, or improvement of visitor and administrative facilities and land in connection with the Deschutes National Forest; (2) construction of a bunkhouse facility in the Umatilla National Forest; and (3) acquisition of land and land interests in Oregon. (Sec. 5) Authorizes the Secretary to use such proceeds or other funds subsequently made available to acquire, construct, or improve administrative facilities and related land in connection with the Deschutes National Forest System. (Sec. 6) Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Surplus Preservation and Debt Reduction Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the $69,246,000,000 unified budget surplus achieved in fiscal year 1998 was entirely due to surpluses generated by the social security trust funds and the cumulative unified budget surpluses projected for subsequent fiscal years are primarily due to surpluses generated by the social security trust funds; (2) Congress and the President should balance the budget excluding the surpluses generated by the social security trust funds; (3) according to the Congressional Budget Office, balancing the budget excluding the surpluses generated by the social security trust funds will reduce the debt held by the public by a total of $1,723,000,000,000 by the end of fiscal year 2009; and (4) social security surpluses should be used to enhance retirement security or to reduce the debt held by the public and should not be spent on other programs. SEC. 3. PROTECTION OF THE SOCIAL SECURITY TRUST FUNDS. (a) Protection by Congress.-- (1) Reaffirmation of support.--Congress reaffirms its support for the provisions of section 13301 of the Budget Enforcement Act of 1990 that provides that the receipts and disbursements of the social security trust funds shall not be counted for the purposes of the budget submitted by the President, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985. (2) Protection of social security benefits.--If there are sufficient balances in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, the Secretary of Treasury shall give priority to the payment of social security benefits required to be paid by law. (b) Points of Order.--Section 301 of the Congressional Budget Act of 1974 is amended by adding at the end the following: ``(j) Social Security Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider a concurrent resolution on the budget, an amendment thereto, or a conference report thereon that violates section 13301 of the Budget Enforcement Act of 1990. ``(k) Debt Held by the Public Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would-- ``(1) increase the limit on the debt held by the public in section 253A(a) of the Balanced Budget and Emergency Deficit Control Act of 1985; or ``(2) provide additional borrowing authority that would result in the limit on the debt held by the public in section 253A(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 being exceeded. ``(l) Social Security Surplus Protection Point of Order.-- ``(1) In general.--It shall not be in order in the House of Representatives or the Senate to consider a concurrent resolution on the budget, an amendment thereto, or a conference report thereon that sets forth a deficit in any fiscal year. ``(2) Exception.--Paragraph (1) shall not apply if-- ``(A) the limit on the debt held by the public in section 253A(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is suspended; or ``(B) the deficit for a fiscal year results solely from the enactment of-- ``(i) retirement security reform legislation, as defined in section 253A(e)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985; or ``(ii) provisions of legislation that are designated as an emergency requirement pursuant to section 251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985.''. SEC. 4. DEDICATION OF SOCIAL SECURITY SURPLUSES TO REDUCTION IN THE DEBT HELD BY THE PUBLIC. (a) Amendments to the Congressional Budget Act of 1974.--The Congressional Budget Act of 1974 is amended-- (1) in section 3, by adding at the end the following: ``(11)(A) The term `debt held by the public' means the outstanding face amount of all debt obligations issued by the United States Government that are held by outside investors, including individuals, corporations, State or local governments, foreign governments, and the Federal Reserve System. ``(B) For the purpose of this paragraph, the term `face amount', for any month, of any debt obligation issued on a discount basis that is not redeemable before maturity at the option of the holder of the obligation is an amount equal to the sum of-- ``(i) the original issue price of the obligation; plus ``(ii) the portion of the discount on the obligation attributable to periods before the beginning of such month. ``(12) The term `social security surplus' means the amount for a fiscal year that receipts exceed outlays of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund.''; (2) in section 301(a) by-- (A) redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectfully; and (B) inserting after paragraph (5) the following: ``(6) the debt held by the public; and''; and (3) in section 310(a) by-- (A) striking ``or'' at the end of paragraph (3); (B) by redesignating paragraph (4) as paragraph (5); and (C) inserting the following new paragraph; ``(4) specify the amounts by which the statutory limit on the debt held by the public is to be changed and direct the committee having jurisdiction to recommend such change; or''. (b) Amendments to the Balanced Budget and Emergency Deficit Control Act of 1985.--The Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in section 250, by striking subsection (b) and inserting the following: ``(b) General Statement of Purpose.--This part provides for the enforcement of-- ``(1) a balanced budget excluding the receipts and disbursements of the social security trust funds; and ``(2) a limit on the debt held by the public to ensure that social security surpluses are used for retirement security reform or to reduce debt held by the public and are not spent on other programs.''; (2) in section 250(c)(1), by inserting ``` debt held by the public', `social security surplus''' after ``outlays',''; and (3) by inserting after section 253 the following: ``SEC. 253A. DEBT HELD BY THE PUBLIC LIMIT. ``(a) Limit.--The debt held by the public shall not exceed-- ``(1) for the period beginning May 1, 2000 through April 30, 2001, $3,628,000,000,000; ``(2) for the period beginning May 1, 2001 through April 30, 2002, $3,512,000,000,000; ``(3) for the period beginning May 1, 2002 through April 30, 2004, $3,383,000,000,000; ``(4) for the period beginning May 1, 2004 through April 30, 2006, $3,100,000,000,000; ``(5) for the period beginning May 1, 2006 through April 30, 2008, $2,775,000,000,000; and, ``(6) for the period beginning May 1, 2008 through April 30, 2010, $2,404,000,000,000. ``(b) Adjustments for Actual Social Security Surplus Levels.-- ``(1) Estimated levels.--The estimated level of social security surpluses for the purposes of this section is-- ``(A) for fiscal year 1999, $127,000,000,000; ``(B) for fiscal year 2000, $137,000,000,000; ``(C) for fiscal year 2001, $145,000,000,000; ``(D) for fiscal year 2002, $153,000,000,000; ``(E) for fiscal year 2003, $162,000,000,000; ``(F) for fiscal year 2004, $171,000,000,000; ``(G) for fiscal year 2005, $184,000,000,000; ``(H) for fiscal year 2006, $193,000,000,000; ``(I) for fiscal year 2007, $204,000,000,000; ``(J) for fiscal year 2008, $212,000,000,000; and ``(K) for fiscal year 2009, $218,000,000,000. ``(2) Adjustment to the limit for actual social security surpluses.--After October 1 and no later than December 31 of each year, the Secretary shall make the following calculations and adjustments: ``(A) Calculation.--After the Secretary determines the actual level for the social security surplus for the current year, the Secretary shall take the estimated level of the social security surplus for that year specified in paragraph (1) and subtract that actual level. ``(B) Adjustment.-- ``(i) 2000 through 2004.--With respect to the periods described in subsections (a)(1), (a)(2), and (a)(3), the Secretary shall add the amount calculated under subparagraph (A) to-- ``(I) the limit set forth in subsection (a) for the period of years that begins on May 1st of the following calendar year; and ``(II) each subsequent limit. ``(ii) 2004 through 2010.--With respect to the periods described in subsections (a)(4), (a)(5), and (a)(6), the Secretary shall add the amount calculated under subparagraph (A) to-- ``(I) the limit set forth in subsection (a) for the period of years that includes May 1st of the following calendar year; and ``(II) each subsequent limit. ``(c) Adjustment to the Limit for Emergencies.-- ``(1) Estimate of legislation.-- ``(A) Calculation.--If legislation is enacted into law that contains a provision that is designated as an emergency requirement pursuant to section 251(b)(2)(A) or 252(e), OMB shall estimate the amount the debt held by the public will change as a result of the provision's effect on the level of total outlays and receipts excluding the impact on outlays and receipts of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund. ``(B) Baseline levels.--OMB shall calculate the changes in subparagraph (A) relative to baseline levels for each fiscal year through fiscal year 2010 using current estimates. ``(C) Estimate.--OMB shall include the estimate required by this paragraph in the report required under section 251(a)(7) or section 252(d), as the case may be. ``(2) Adjustment.--After January 1 and no later than May 1 of each calendar year beginning with calendar year 2000-- ``(A) with respect to the periods described in subsections (a)(1), (a)(2), and (a)(3), the Secretary shall add the amounts calculated under paragraph (1)(A) for the current year included in the report referenced in paragraph (1)(C) to-- ``(i) the limit set forth in subsection (a) for the period of years that begins on May 1 of that calendar year; and ``(ii) each subsequent limit; and ``(B) with respect to the periods described in subsections (a)(4), (a)(5), and (a)(6), the Secretary shall add the amounts calculated under paragraph (1)(A) for the current year included in the report referenced in paragraph (1)(C) to-- ``(i) the limit set forth in subsection (a) for the period of years that includes May 1 of that calendar year; and ``(ii) each subsequent limit. ``(3) Exception.--The Secretary shall not make the adjustments pursuant to this section if the adjustments for the current year are less than the on-budget surplus for the year before the current year. ``(d) Adjustment to the Limit for Low Economic Growth and War.-- ``(1) Suspension of statutory limit on debt held by the public.-- ``(A) Low economic growth.--If the most recent of the Department of Commerce's advance, preliminary, or final reports of actual real economic growth indicate that the rate of real economic growth for each of the most recently reported quarter and the immediately preceding quarter is less than 1 percent, the limit on the debt held by the public established in this section is suspended. ``(B) War.--If a declaration of war is in effect, the limit on the debt held by the public established in this section is suspended. ``(2) Restoration of statutory limit on debt held by the public.-- ``(A) Restoration of limit.--The statutory limit on debt held by the public shall be restored on May 1 following the quarter in which the level of real Gross Domestic Product in the final report from the Department of Commerce is equal to or is higher than the level of real Gross Domestic Product in the quarter preceding the first two quarters that caused the suspension of the pursuant to paragraph (1). ``(B) Adjustment.-- ``(i) Calculation.--The Secretary shall take level of the debt held by the public on October 1 of the year preceding the date referenced in subparagraph (A) and subtract the limit in subsection (a) for the period of years that includes the date referenced in subparagraph (A). ``(ii) Adjustment.--The Secretary shall add the amount calculated under clause (i) to-- ``(I) the limit in subsection (a) for the period of fiscal years that includes the date referenced in subparagraph (A); and ``(II) each subsequent limit. ``(e) Adjustment to the Limit for Retirement Security Reform Provisions that Affect On-Budget Levels.-- ``(1) Estimate of legislation.-- ``(A) Calculation.--If retirement security reform legislation is enacted, OMB shall estimate the amount the debt held by the public will change as a result of the legislation's effect on the level of total outlays and receipts excluding the impact on outlays and receipts of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund. ``(B) Baseline levels.--OMB shall calculate the changes in subparagraph (A) relative to baseline levels for each fiscal year through fiscal year 2010 using current estimates. ``(C) Estimate.--OMB shall include the estimate required by this paragraph in the report required under section 252(d) for retirement security reform legislation. ``(2) Adjustment to limit on the debt held by the public.-- If retirement security reform legislation is enacted, the Secretary shall adjust the limit on the debt held by the public for each period of fiscal years by the amounts determined under paragraph (1)(A) for the relevant fiscal years included in the report referenced in paragraph (1)(C). ``(e) Definitions.--In this section: ``(1) Secretary.--The term `Secretary' means the Secretary of the Treasury. ``(2) Retirement security reform legislation.--The term `retirement security reform legislation' means a bill or joint resolution that is enacted into law and includes a provision stating the following: ```( ) Retirement security reform legislation.--For the purposes of the Social Security Surplus Preservation and Debt Reduction Act, this Act constitutes retirement security reform legislation.' This paragraph shall apply only to the first bill or joint resolution enacted into law as described in this paragraph. ``(3) Retirement security reform provisions.--The term `retirement security reform provisions' means a provision or provisions identified in retirement security reform legislation stating the following: ```( ) Retirement security reform provisions.--For the purposes of the Social Security Surplus Preservation and Debt Reduction Act, ________ of this Act constitutes or constitute social security reform provisions.', with a list of specific provisions in that bill or joint resolution specified in the blank space.''. SEC. 5. PRESIDENT'S BUDGET. Section 1105(f) of title 31, United States Code, is amended by striking ``in a manner consistent'' and inserting ``in compliance''. SEC. 6. SUNSET. This Act and the amendments made by it shall expire on April 30, 2010.

Social Security Surplus Preservation and Debt Reduction Act - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or the Senate to consider a concurrent budget resolution (or amendment thereto or conference report thereon) that violates a provision of the Budget Enforcement Act of 1990 that provides that the receipts and disbursements of the Federal Old-Age and Survivors and Disability Insurance Trust Funds (social security trust funds) shall not be counted for purposes of the presidential or congressional budget or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Makes it out of order in the House or the Senate to consider any legislation that would: (1) increase the limit on the public debt under the Gramm-Rudman-Hollings Act; or (2) provide additional borrowing authority that would result in such limit being exceeded. Makes it out of order in the House or the Senate to consider a concurrent budget resolution (or amendment thereto or conference report thereon) that sets forth a deficit for any fiscal year. Makes such point of order inapplicable if: (1) the public debt limit is suspended; or (2) the deficit for a fiscal year results solely from the enactment of retirement security reform legislation or provisions designated as emergency requirements. Includes the level of public debt in the required content of the concurrent budget resolution. Requires the budget resolution to specify the amounts by which the limit on such debt is to be changed and direct the committee having jurisdiction to recommend such change. Amends the Gramm-Rudman-Hollings Act to set forth: (1) limits on the public debt for specified periods through April 30, 2010; and (2) estimated levels of social security surpluses through FY 2009. Provides for adjustments to the public debt limit based on actual social security surpluses and emergency requirements. Prohibits such adjustments if those for the current year are less than the on-budget surplus for the year before the current year. Suspends the public debt limit in cases of low economic growth or war. Provides for an adjustment to the public debt limit if retirement security reform legislation is enacted. Sunsets this Act on April 30, 2010.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Victims of Corporate Fraud Act''. SEC. 2. SECURITIES AND EXCHANGE COMMISSION AUTHORITY TO PROVIDE RELIEF. (a) Proceeds of S.E.C. Enforcement Actions.--If in any administrative or judicial proceeding brought by the Securities and Exchange Commission against-- (1) a corporation, or any officer, director, or principal shareholder of such corporation, for any violation of the securities laws; or (2) the accounting firm performing audit services for such corporation, any subsidiary or affiliate of such firm, or any general or limited partner of such firm, subsidiary, or affiliate, for any violation of the securities laws with respect to any audit services performed for or in relation to the corporation described in paragraph (1); the Commission obtains an order providing for an accounting and disgorgement of funds, such disgorgement fund (including any addition to such fund required or permitted under this section) shall be allocated in accordance with the requirements of this section. (b) Priority for Former Employees of Corporation.--The Commission shall, by rule, establish an allocation system for the disgorgement fund. Such system shall provide that, in allocating the disgorgement fund amount to the victims of the securities laws violations, the first priority shall be given to individuals who were employed by the corporation described in subsection (a)(1) or a subsidiary or affiliate of such corporation, and who were participants in an individual account plan established by such corporation, subsidiary, or affiliate. Such allocations among such individuals shall be in proportion to the extent to which the nonforfeitable accrued benefit of each such individual under the plan was invested in the securities of such corporation, subsidiary, or affiliate. (c) Addition of Civil Penalties.--Any civil penalty assessed and collected in any proceeding described in subsection (a) shall be added to and become part of the disgorgement fund pursuant to section 308 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7246), and shall be allocated pursuant to subsection (b) of this section. (d) Acceptance of Federal Campaign Contributions.-- (1) In general.--Section 313 of the Federal Election Campaign Act of 1971 (2 U.S.C. 439a) is amended by inserting before ``or may be used'' the following: ``may be transferred to any disgorgement fund which is required to be allocated in accordance with the requirements of the ``Justice for Victims of Corporate Fraud Act''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to any amounts received by a candidate at any time before, on, or after the date of the enactment of this Act. (e) Acceptance of Additional Donations.--The Commission is authorized to accept, hold, administer, and utilize gifts, bequests, and devises of property, both real and personal, to the United States for the disgorgement fund. Gifts, bequests, and devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the disgorgement fund and shall be available for allocation in accordance with subsection (b). (f) Definitions.--As used in this section: (1) Commission.--The term ``Commission'' means the Securities Exchange Commission. (2) Securities laws.--The term ``securities laws'' means the Securities Act of 1933 (15 U.S.C. 78a et seq.), the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), the Trust Indenture Act of 1939 (15 U.S.C. 77aaa et seq.), the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.), the Investment Advisers Act of 1940 (15 U.S.C. 80b et seq.), the Securities Investor Protection Act of 1970 (15 U.S.C. 78aaa et seq.), and the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201 et seq.). (3) Disgorgement fund.--The term ``disgorgement fund'' means a disgorgement fund established in any administrative or judicial proceeding described in subsection (a). (4) Subsidiary or affiliate.--The term ``subsidiary or affiliate'' when used in relation to a person means any entity that controls, is controlled by, or is under common control with such person. (5) Officer, director, or principal shareholder.--The term ``officer, director, or principal shareholder'' means any person that is subject to the requirements of section 16 of the Securities Exchange Act of 1934 (15 U.S.C. 78p) in relation to the corporation described in section 2(a), or any subsidiary or affiliate of such corporation. (6) Nonforfeitable; accrued benefit; individual account plan.--The terms ``nonforfeitable'', ``accrued benefit'', and ``individual account plan'' have the meanings provided such terms, respectively, in paragraphs (19), (23), and (34) of section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(19), (23), (34)).

Justice for Victims of Corporate Fraud Act - Directs the Securities Exchange Commission to establish an allocation system for any disgorgement fund that has been established pursuant to an order for an accounting and disgorgement of funds, and which is designated for victims of securities laws violations committed by either a corporation or its auditing firm.Grants first priority to former employees of the corporation who participated in an individual account plan established by such corporation.Declares that civil penalties collected in the SEC enforcement proceeding shall be added to the disgorgement fund. Amends the Federal Election Campaign Act of 1971 to permit transfer of certain Federal campaign contributions into the disgorgement fund as well.

SECTION 1. QUALIFIED STOCK DISTRIBUTIONS TO EMPLOYEES. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139A the following new section: ``SEC. 139B. QUALIFIED STOCK DISTRIBUTIONS TO EMPLOYEES. ``(a) In General.--Gross income shall not include-- ``(1) so many shares of any stock received by an individual in a qualified employee stock distribution of such individual's employer as does not exceed the maximum stock amount, ``(2) any gain on stock excluded from gross income under paragraph (1) if such stock is held by such individual for not less than 10 years, and ``(3) in the case of any qualified disposition of stock which is described in paragraph (2) (and which meets the holding requirement of such paragraph), any gain on so much stock acquired during the 60-day period beginning on the date of such disposition as does not exceed the fair market value of the stock so disposed (determined as of the time of disposition). ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified employee stock distribution.--The term `qualified employee stock distribution' means a distribution by an employer of stock of such employer to all employees (determined as of the date of the distribution) of such employer as compensation for services. ``(2) Maximum stock amount.--The term `maximum stock amount' means, with respect to any distribution, the lowest number of shares of stock of the employer received by any employee of the employer in such distribution. ``(3) Qualified disposition.-- ``(A) In general.--The term `qualified disposition' means, with respect to the disposition of any stock described in paragraph (2) during any calendar year, the disposition of a number of shares of such stock not in excess of the excess of-- ``(i) the applicable percentage of the aggregate number of shares of such stock received during the calendar year that such stock was received, over ``(ii) the aggregate number of shares of such stock taken into account under this subparagraph for all prior calendar years. ``(B) Applicable percentage.--For purposes of clause (i), the applicable percentage is, with respect to any calendar year following the calendar year in which such stock was received, the percentage determined in accordance with the following table: The applicable ``In the case of: percentage is: The first through tenth such calendar years.. 0 percent The eleventh such calendar year.............. 10 percent The twelfth such calendar year............... 20 percent The thirteenth such calendar year............ 30 percent The fourteenth such calendar year............ 40 percent The fifteenth such calendar year............. 50 percent The sixteenth such calendar year............. 60 percent The seventeenth such calendar year........... 70 percent The eighteenth such calendar year............ 80 percent The nineteenth such calendar year............ 90 percent Any subsequent calendar year................. 100 percent. ``(c) Employment Taxes.--Amounts excluded from gross income under subsection (a)(1) shall not be taken into account as wages for purposes of chapters 21, 22, 23, 23A, and 24. ``(d) Recapture if Stock Disposed During Required Holding Period.-- If an amount is excluded from gross income under subsection (a)(1) with respect to any stock and the individual disposes of such stock at any time during the 5-year period beginning on the date that such individual received such stock-- ``(1) the gross income of such individual for the taxable year which includes the date of such disposition shall be increased by the amount so excluded, and ``(2) the tax imposed by this chapter for such taxable year shall be increased by the sum of the amounts of tax which would have been imposed under subchapters A and B of chapters 21 and 22 if subsection (c) had not applied with respect to such amount. For purposes of this title and the Social Security Act, any increase in tax under paragraph (2) shall be treated as imposed under the provision of chapter 21 or 22 with respect to which such increase relates. ``(e) Regulations.--The Secretary shall issue such regulations as may be necessary or appropriate to carry out this section, including regulations which provide for the application of this section to stock options.''. (b) Clerical Amendment.--The table of section for such part is amended by inserting after the item relating to section 139A the following new item: ``Sec. 139B. Qualified stock distributions to employees.''. (c) Effective Date.--The amendments made by this section shall apply to stock received by employees after the date of the enactment of this Act.

Amends the Internal Revenue Code to exclude from the gross income of an employee: (1) shares of stock received from an employer in a qualified employee stock distribution not exceeding the lowest number of shares received by any employee in such distribution; (2) any gain on such stock if held by such employee for not less than 10 years, and (3) in the case of any qualified disposition of stock that meets such holding requirement, any gain on so much stock acquired during the 60-day period beginning on the date of such disposition as does not exceed the fair market value of the stock so disposed. .

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Indian Education Act''. SEC. 2. PURPOSE. It is the purpose of this Act to ensure that Federal funding is provided to support and sustain the longstanding Federal mandate requiring colleges and States to waive, in certain circumstances, tuition charges for Native American Indian students they admit to an undergraduate college program, including the waiver of tuition charges for Indian students who are not residents of the State in which the college is located. SEC. 3. FINDINGS. Congress finds the following: (1) Native American-serving nontribal college institutions have a valuable supplemental role to that provided by tribally controlled community colleges in making available educational opportunities to Native American Indian students. (2) Some four-year Native American-serving nontribal college institutions provide tuition-free education, with the support of the State in which they are located, as mandated by Federal statute, to hundreds of Native American Indian students in fulfillment of a condition under which the United States provided land and facilities for such colleges to a State or college. (3) The value of the Native student tuition waiver benefits contributed by these colleges and the States which support them today far exceeds the value of the original grant of land and facilities. (4) The ongoing financial burden of meeting this Federal mandate to provide tuition-free education to Indian students is no longer equitably shared among the States and colleges because it does not distinguish between Indian students who are residents of the State or of another State. (5) Native student tuition waiver benefits are now at risk of being terminated by severe budget constraints being experienced by these colleges and the States which support them. SEC. 4. STATE RELIEF FROM FEDERAL MANDATE. (a) Amount of Payment.-- (1) In general.--Subject to paragraphs (2) and (3), for fiscal year 2016 and each succeeding fiscal year, the Secretary of Education shall pay to any eligible college an amount equal to the charges for tuition for all Indian students who are not residents of the State in which the college is located and who are enrolled in the college for the academic year ending before the beginning of such fiscal year. (2) Eligible colleges.--For purposes of this section, an eligible college is any four-year Native American-serving nontribal institution of higher education which provides tuition-free education as mandated by Federal statute, with the support of the State in which it is located, to Native American Indian students in fulfillment of a condition under which the college or State received its original grant of land and facilities from the United States. (3) Limitation.--The amount paid to any college for each fiscal year under paragraph (1) may not exceed the lower of the following amounts: (A) The amount equal to the charges for tuition for all Indian students of that college who were not residents of the State in which the college is located and who were enrolled in the college for academic year 2014-2015. (B) $15,000,000. (b) Treatment of Payment.--Any amounts received by a college under this section shall be treated as a reimbursement from the State in which the college is located, and shall be considered as provided in fulfillment of any Federal mandate upon the State to admit Indian students free of charge of tuition. (c) Rule of Construction.--Nothing in this Act shall be construed to relieve any State from any mandate it may have under Federal law to reimburse a college for each academic year-- (1) with respect to Indian students enrolled in the college who are not residents of the State in which the college is located, any amount of charges for tuition for such students that exceeds the amount received under this section for such academic year; and (2) with respect to Indian students enrolled in the college who are residents of the State in which the college is located, an amount equal to the charges for tuition for such students for such academic year. (d) Definitions.--In this section, the term ``Indian students'' includes reference to the term ``Indian pupils'' as that term has been utilized in Federal statutes imposing a mandate upon any college or State to provide tuition-free education to Native American Indian students in fulfillment of a condition under which it received its original grant of land and facilities from the United States. (e) Funding.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 5. OFFSET. (a) In General.--Notwithstanding any other provision of law, of all available unobligated funds, $15,000,000 in appropriated discretionary funds are hereby rescinded. (b) Implementation.--The Director of the Office of Management and Budget shall determine and identify from which appropriation accounts the rescission under subsection (a) shall apply and the amount of such rescission that shall apply to each such account. Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit a report to the Secretary of the Treasury and Congress of the accounts and amounts determined and identified for rescission under the preceding sentence. (c) Exception.--This section shall not apply to the unobligated funds of-- (1) the Department of the Interior for the postsecondary education of Native American Indian students; (2) the Department of Defense; (3) the Department of Veterans Affairs; or (4) the Department of Education.

Native American Indian Education Act Directs the Department of Education to pay four-year Native American-serving nontribal institutions of higher education the out-of-state tuition of their Indian students if those schools are required to provide a tuition-free education, with the support of their state, to Indian students in fulfillment of a condition under which the college or state received its original grant of land and facilities from the federal government. Prohibits the amount paid to any such college from exceeding the lower of the following amounts: (1) the charges for tuition for the Indian students of that college who were non-residents of the state in which the college is located and who were enrolled in the college for academic year 2014-2015, or (2) $15 million. Treats such payments as reimbursements to such institutions from their states. Rescinds unobligated discretionary appropriations to offset the costs of this program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ballistic Imaging Evaluation and Study Act of 2001''. SEC. 2. PURPOSES. The purposes of this Act are the following: (1) To conduct a comprehensive study of ballistic imaging technology and evaluate design parameters for packing and shipping of fired cartridge cases and projectiles. (2) To determine the effectiveness of the National Integrated Ballistic Information Network (NIBIN) as a tool in investigating crimes committed with handguns and rifles. (3) To establish the cost and overall effectiveness of State-mandated ballistic imaging systems and the sharing and retention of the data collected by the systems. SEC. 3. STUDY. (a) In General.--Not later than 12 months after the date of the enactment of this Act, the Attorney General shall enter into an arrangement with the National Research Council of the National Academy of Sciences, which shall have sole responsibility for conducting under the arrangement a study to determine the following: (1) The design parameters for an effective and uniform system for packing fired cartridge cases and projectiles, and for collecting information that will accompany a fired cartridge case and projectile and be entered into a ballistic imaging system. (2) The most effective method for projectile recovery that can be used to collect fired projectiles for entry into a ballistic imaging system and the cost of such recovery equipment. (3) Which countries are employing ballistic imaging systems and the results of the systems as a tool in investigating crimes committed with handguns and rifles. (4) The comprehensive cost, to date, for Federal, State, and local jurisdictions that have implemented a ballistic imaging system to include startup, operating costs, and outlays for personnel and administration. (5) The estimated yearly cost for administering a ballistic imaging system, the storage of cartridge cases and projectiles on a nationwide basis, and the costs to industry and consumers of doing so. (6) How many revolvers, manually operated handguns, semiautomatic handguns, manually operated rifles, and semiautomatic rifles are sold in the United States each year, the percentage of crimes committed with revolvers, other manually operated handguns, and manually operated rifles as compared with semiautomatic handguns and semiautomatic rifles, and the percentage of each currently on record in the NIBIN system. (7) Whether in countries where ballistic identification has been implemented, a shift has occurred in the number of semiautomatic handguns and semiautomatic rifles, compared with revolvers, other manually operated handguns, and manually operated rifles that are used to commit a crime. (8) A comprehensive list of environmental and nonenvironmental factors, including modifications to a firearm, that can substantially alter or change the identifying marks on a cartridge case and projectile so as to preclude a scientifically reliable comparison between specimens and the stored image from the same firearm being admissible as evidence in a court of law. (9) The technical improvements in database management that will be necessary to keep pace with system growth and the estimated cost of the improvements. (10) What redundant or duplicate systems exist, or have existed, the ability of the various systems to share information, and the cost and time it will take to integrate operating systems. (11) Legal issues that need to be addressed at the Federal and State levels to codify the type of information that would be captured and stored as part of a national ballistic identification program and the sharing of the information between State systems and NIBIN. (12) What storage and retrieval procedures guarantee the integrity of cartridge cases and projectiles for indefinite periods of time and insure proper chain of custody and admissibility of ballistic evidence or images in a court of law. (13) The time, cost, and resources necessary to enter images of fired cartridge cases and fired projectiles into a ballistic imaging identification system of all new handguns and rifles sold in the United States and those possessed lawfully by firearms owners. (14) Whether an effective procedure is available to collect fired cartridge cases and projectiles from privately owned handguns and rifles. (15) Whether the cost of ballistic imaging technology is worth the investigative benefit to law enforcement officers. (16) Whether State-based ballistic imaging systems, or a combination of State and Federal ballistic imaging systems that record and store cartridge cases and projectiles can be used to create a centralized list of firearms owners. (17) The cost-effectiveness of using a Federal, NIBIN-based approach to using ballistic imaging technology as opposed to State-based initiatives. SEC. 4. CONSULTATION. In carrying out this Act, the National Research Council of the National Academy of Sciences shall consult with-- (1) Federal, State, and local officials with expertise in budgeting, administering, and using a ballistic imaging system, including the Bureau of Alcohol, Tobacco and Firearms, the Federal Bureau of Investigation, and the Bureau of Forensic Services at the California Department of Justice; (2) law enforcement officials who use ballistic imaging systems; (3) entities affected by the actual and proposed uses of ballistic imaging technology, including manufacturers, distributors, importers, and retailers of firearms and ammunition, firearms purchasers and owners and their organized representatives, the Sporting Arms and Ammunition Manufacturers' Institute, Inc., and the National Shooting Sports Foundation, Inc.; (4) experts in ballistics imaging and related fields, such as the Association of Firearm and Tool Mark Examiners, projectile recovery system manufacturers, and ballistic imaging device manufacturers; (5) foreign officials administering ballistic imaging systems and foreign experts; and (6) individuals or organizations with significant expertise in the field of ballistic imaging technology, as the Attorney General deems necessary. SEC. 5. REPORT. Not later than 30 days after the National Research Council of the National Academy of Sciences completes the study conducted under section 3, the National Research Council shall submit to the Attorney General a report on the results of the study, and the Attorney General shall submit to the Congress a report, which shall be made public, that contains-- (1) the results of the study; and (2) recommendations for legislation, if applicable. SEC. 6. SUSPENSION OF USE OF FEDERAL FUNDS FOR BALLISTIC IMAGING TECHNOLOGY. (a) In General.--Notwithstanding any other provision of law, a State shall not use Federal funds for ballistic imaging technology until the report referred to in section 5 is completed and transmitted to the Congress. (b) Waiver Authority.--On request of a State, the Secretary of the Treasury may waive the application of subsection (a) to a use of Federal funds upon a showing that the use would be in the national interest. SEC. 7. DEFINITIONS. In this Act: (1) The term ``ballistic imaging technology'' means software and hardware that records electronically, stores, retrieves, and compares the marks or impressions on the cartridge case and projectile of a round of ammunition fired from a handgun or rifle. (2) The term ``handgun'' has the meaning given the term in section 921(a)(29) of title 18, United States Code. (3) The term ``rifle'' has the meaning given the term in section 921(a)(7) of title 18, United States Code. (4) The term ``cartridge case'' means the part of a fully assembled ammunition cartridge that contains the propellant and primer for firing. (5) The terms ``manually operated handgun'' and ``manually operated rifle'' mean any handgun or rifle, as the case may be, in which all loading, unloading, and reloading of the firing chamber is accomplished through manipulation by the user. (6) The term ``semiautomatic handgun'' means any repeating handgun which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, which requires a pull of the trigger to fire each cartridge. (7) The term ``semiautomatic rifle'' has the meaning given the term in section 921(a)(28) of title 18, United States Code. (8) The term ``projectile'' means that part of ammunition that is, by means of an explosive, expelled through the barrel of a handgun or rifle.

Ballistic Imaging Evaluation and Study Act of 2001 - Directs the Attorney General to enter into an arrangement with the National Research Council (NRC) of the National Academy of Sciences to study the effectiveness of ballistic imaging technology. Prohibits a State from using Federal funds for ballistic imaging technology until the NRC report is transmitted to Congress. Authorizes the Secretary of the Treasury, at a State's request, to waive such prohibition upon a showing that the use would be in the national interest.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Fuel Pipelines Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) Creating the appropriate infrastructure to move renewable fuels is a necessary energy and transportation objective for the United States. (2) Currently more than 70 percent of the gasoline supply of the United States is delivered to local terminals through pipelines. (3) Pipelines are the most cost-effective, efficient, and safe transportation mode in use today to deliver large volumes of liquid fuels. (4) Renewable fuels are currently transported by truck, barge, and rail, and the volume requirements of the Energy Independence and Security Act of 2007 may overwhelm the renewable fuels infrastructure, a problem that would be alleviated by the transportation of renewable fuels through pipelines. (5) The production and use of renewable fuels is supported by Federal policy and a corresponding Federal policy is necessary to support the construction of an appropriate infrastructure to transport such fuels. SEC. 3. LOAN GUARANTEES FOR PROJECTS TO CONSTRUCT RENEWABLE FUEL PIPELINES. (a) Definitions.--Section 1701 of the Energy Policy Act of 2005 (42 U.S.C. 16511) is amended by adding at the end the following: ``(6) Renewable fuel.--The term `renewable fuel' has the meaning given the term in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)), except that the term shall include all ethanol and biodiesel. ``(7) Renewable fuel pipeline.--The term `renewable fuel pipeline' means a common carrier pipeline for transporting renewable fuel.''. (b) Terms and Conditions.-- (1) Specific appropriation or contribution.--Subsection (b) of section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs 2 ems to the right; (B) by striking ``(b) Specific Appropriation or Contribution.--No guarantee'' and inserting the following: ``(b) Specific Appropriation or Contribution.-- ``(1) In general.--No guarantee''; and (C) by adding at the end the following: ``(2) Renewable fuel pipelines.--The Secretary may waive the application of paragraph (1) with respect to a guarantee for a project described in section 1703(f)(1).''. (2) Amount.--Subsection (c) of such section is amended-- (A) by striking ``(c) Amount.--Unless'' and inserting the following: ``(c) Amount.-- ``(1) In general.--Unless''; and (B) by adding at the end the following: ``(2) Renewable fuel pipelines.--With respect to a project described in section 1703(f)(1)-- ``(A) a guarantee by the Secretary shall not exceed an amount equal to 90 percent of the project cost of the renewable fuel pipeline that is the subject of the guarantee, as estimated at the time at which the guarantee is issued; and ``(B) the Secretary may make more than one guarantee for such project, to the extent that the sum of all guarantees for such project does not exceed an amount equal to 90 percent of the project cost of the renewable fuel pipeline that is the subject of such guarantees, as estimated any time after the original guarantee is issued.''. (c) Eligible Projects.--Section 1703 of the Energy Policy Act of 2005 (42 U.S.C. 16513) is amended by adding at the end the following: ``(f) Renewable Fuel Pipelines.-- ``(1) In general.--The Secretary may make guarantees under this title for projects to construct renewable fuel pipelines without regard to any limitation under this section other than a limitation under this subsection. ``(2) Guarantee determinations.--In determining whether to make a guarantee for a project described in paragraph (1), the Secretary shall consider the following: ``(A) The volume of renewable fuel to be moved by the renewable fuel pipeline. ``(B) The size of the markets to be served by the renewable fuel pipeline. ``(C) The existence of sufficient storage to facilitate access to the markets to be served by the renewable fuel pipeline. ``(D) The proximity of the renewable fuel pipeline to renewable fuel production facilities. ``(E) The investment in terminal infrastructure of the entity carrying out the proposed project. ``(F) The history and experience working with renewable fuel of the entity carrying out the proposed project. ``(G) The ability of the entity carrying out the proposed project to ensure and maintain the quality of the renewable fuel through the terminal system of the entity and through the dedicated pipeline system. ``(H) The ability of the entity carrying out the proposed project to complete such proposed project in a timely manner. ``(I) The ability of the entity carrying out the proposed project to secure property rights-of-way. ``(J) Other criteria the Secretary determines appropriate for consideration. ``(3) Eminent domain authority.--When any entity in the carrying out of a project described in paragraph (1) for which a guarantee is made under this title cannot acquire by contract, or is unable to agree with the owner of property to the compensation to be paid for, the necessary right-of-way to construct, operate, and maintain a pipeline or pipelines for the transportation of renewable fuel, and the necessary land or other property, in addition to right-of-way, for the location of pump stations, pressure apparatus, or other facilities or equipment necessary to the proper operation of such pipeline or pipelines, it may acquire the same by the exercise of the right of eminent domain in the district court of the United States for the district in which such property may be located, or in the State courts, if such exercise is first determined by the Secretary to be necessary or desirable in the public interest. The practice and procedure in any action or proceeding for that purpose in the district court of the United States shall conform as nearly as may be with the practice and procedure in a similar action or proceeding in the courts of the State where the property is situated. The United States district courts shall only have jurisdiction of cases when the amount claimed by the owner of the property to be condemned exceeds $3,000.''. SEC. 4. FINAL RULE. Not later than 90 days after the date of the enactment of this Act, the Secretary of Energy shall publish in the Federal Register a final rule for carrying out a guarantee program for the construction of renewable fuel pipelines under title XVII of the Energy Policy Act of 2005 in accordance with the amendments made by this Act or shall modify rules and regulations currently applicable to the guarantee program under such title in accordance with the amendments made by this Act. SEC. 5. GRANT PROGRAM FOR PREPARATION OF PROJECTS TO CONSTRUCT RENEWABLE FUEL PIPELINES. (a) In General.--The Secretary may provide grants for projects described in section 1703(f)(1) of the Energy Policy Act of 2005, as added by section 3(c) of this Act, to assist in carrying out permit acquisition, planning, and other preparatory activities for such projects in advance of participation in the guarantee program under title XVII of the Energy Policy Act of 2005. (b) No Impact on Eligibility for a Guarantee.--In determining whether to make a guarantee for a project under title XVII of the Energy Policy Act of 2005, the Secretary shall not take into consideration whether a grant was provided for such project under this section. (c) Impact on Guarantee Amount.--In the case of a project for which a grant is provided under this section and a loan guarantee is made under title XVII of the Energy Policy Act of 2005, the sum with respect to such project of grants provided under this section and amounts guaranteed under title XVII of the Energy Policy Act of 2005 may not exceed 90 percent of the project cost of such project as estimated at the time at which a guarantee is issued. (d) Definition of Secretary.--In this section, the term ``Secretary'' means the Secretary of Energy. (e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $50,000,000, to remain available until expended.

Renewable Fuel Pipelines Act of 2009 - Amends the Energy Policy Act of 2005 to allow federally-guaranteed loans for renewable fuel pipeline construction without regard to whether an appropriation for the cost has been made. Includes ethanol and biodiesel as renewable fuel. Allows a maximum guarantee by the Secretary of Energy of 90% of the project cost and more than one guarantee for a project (as long as the total guaranteed amount does not exceed 90%). Sets forth factors to be considered in guarantee determinations, including volume and quality of fuel, size of markets served, experience of the entity working with renewable fuel, and associated storage, production, and terminal facilities. Authorizes an entity implementing a fuel pipeline project for which a guarantee is made, when such entity is unable to acquire the necessary right-of-way to construct, operate, and maintain pipelines and the necessary land or property for the location of pump stations, pressure apparatus, and other necessary facilities or equipment by contract, to acquire what is necessary through eminent domain if determined by the Secretary to be necessary or desirable in the public interest. Authorizes the Secretary to provide grants for renewable fuel pipeline projects to assist in carrying out permit acquisition, planning, and other preparatory activities in advance of participation in the guarantee program. Limits the sum of grants and amounts guaranteed for a project that receives both to 90% of the project's cost.

SECTION 1. SETTLEMENT OF CLAIMS OF THE WYANDOTTE NATION. (a) Findings.--Congress finds the following: (1) The Wyandotte Nation has a valid interest in certain lands located in the Fairfax Business District in Wyandotte County, Kansas, that are located within the Nation's reservation established pursuant to an agreement between the Wyandotte Nation and the Delaware Nation dated December 14, 1843, which agreement was ratified by the Senate on July 25, 1848. (2) The Wyandotte Nation filed a lawsuit, Wyandotte Nation v. Unified Government of Kansas City and Wyandotte County, Kansas, U.S. D.C. Kan., Case No. 012303-CM, against certain landowners within the Fairfax Business District to ascertain and adjudicate ownership of lands that were once owned and held in trust by the United States for the benefit of the Wyandotte Nation but were not conveyed to the United States by the Wyandotte Nation pursuant to the Treaty of January 31, 1855. (3) The Lawsuit also contends that certain major roads in Kansas City encroach upon a certain parcel of land, known as the Huron Cemetery, which was reserved for the Wyandotte Nation in the Treaty of January 31, 1855. (4) The pendency of this Lawsuit has resulted in severe economic hardships for the residents of the Fairfax Business District of Wyandotte County, Kansas, by clouding title to much of the land within that District. (5) Congress shares with the residents of the Fairfax Business District of Wyandotte County, Kansas, a desire to remove all clouds on title resulting from the Lawsuit without additional cost or expense to either the United States, the State of Kansas, the Unified Government of Kansas City and Wyandotte County, Kansas, and all other landowners within the Fairfax Business District of Wyandotte County, Kansas. (6) The Wyandotte Nation and the Unified Government of Kansas City and Wyandotte County have reached an agreement settling the Lawsuit which requires implementing legislation by Congress. (b) Purposes.--The purposes of this Act are as follows: -- (1) To settle the Lawsuit. (2) To direct the Secretary to take into trust for the benefit of the Wyandotte Nation the Settlement Lands in settlement of the Wyandotte Nation's Lawsuit and the land claims asserted therein. (c) Definitions.--For purposes of this Act, the following definitions apply: -- (1) Kansas lands.--The term ``Kansas Lands'' means all of the lands described and identified as ``Gifted Lands'' and ``Accreted Lands'' in the Wyandotte Nation's complaint filed in the Lawsuit, as well as those portions of Seventh Street and Minnesota Avenue located within Kansas City, Kansas, which the Wyandotte Nation claim in the Lawsuit were included within the Huron Cemetery under the Treaty of January 31, 1855. (2) Lawsuit.--The term ``Lawsuit'' means Wyandotte Nation v. Unified Government of Kansas City and Wyandotte County, Kansas, U.S. D.C. Kan., Case No. 012303-CM. (3) secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Settlement lands.--The term ``Settlement Lands'' means the following parcel of real property located in the City of Edwardsville, Wyandotte County, Kansas and more particularly described in Quit Claim Deed filed for record as Parcel I.D. 944806, Book 3190 at Page 198 and Book 4408 at Page 789 in the Wyandotte County, Kansas, Register of Deeds Office. (5) Unified government.--The term ``Unified Government'' means the Unified Government of Kansas City and Wyandotte County, Kansas. (6) Wyandotte nation.--The term ``Wyandotte Nation'' means the Wyandotte Nation, a federally-recognized Indian tribe. (d) Extinguishment of Land Claims.--Not later than 90 days after the date of the enactment of this section and as part of the settlement of the Lawsuit and the Wyandotte Nation's land claims asserted therein, the Secretary shall take and hold title to the Settlement Lands in trust for the benefit of the Wyandotte Nation pursuant to and within the scope and meaning of section 20(b)(1)(B)(i) of the Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(B)(i)). Any and all claims which the Wyandotte Nation has or could have asserted in the Lawsuit shall be extinguished upon-- (1) the Secretary accepting title to the Settlement Lands in trust for the Wyandotte Nation; and (2) publication in the Federal Register of a notice of approval of tribal-State compact between the Wyandotte Nation and the State of Kansas pursuant to section 11(d)(3)(B) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)(3)(B)). (e) Shriner Property.--Congress confirms that the United States acquired title to the Shriner's Property in trust for the benefit of the Wyandotte Nation effective July 15, 1996. Notwithstanding the trust status of the Shriner's Property, the Wyandotte Nation shall have no rights to conduct gaming on the Shriner's Property upon- (1) the Secretary accepting title to the Settlement Lands in trust for the Wyandotte Nation; and (2) publication in the Federal Register of a notice approval of a tribal-State compact between the Wyandotte Nation and the State of Kansas pursuant to section 11(d)(3)(B) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)(3)(B)).

Requires the Secretary of the Interior to take specified Settlement Lands into trust for the benefit of the Wyandotte Nation as part of the settlement of claims in a certain lawsuit of the Wyandotte Nation against the United Government of Kansas City and Wyandotte County, Kansas. Extinguishes any and all claims which the Wyandotte Nation has or could have asserted in the lawsuit upon specified conditions being met.Denies the Wyandotte Nation gaming rights on the Shriner's Property, a property already held in trust for it by the United States, upon specified conditions being met.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drinking Water Protection Act''. SEC. 2. AMENDMENT TO THE SAFE DRINKING WATER ACT. (a) Amendment.--At the end of part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) add the following new section: ``SEC. 1459. CYANOTOXIN RISK ASSESSMENT AND MANAGEMENT. ``(a) Strategic Plan.-- ``(1) Development.--Not later than 90 days after the date of enactment of this section, the Administrator shall develop and submit to Congress a strategic plan for assessing and managing risks associated with cyanotoxins in drinking water provided by public water systems. The strategic plan shall include steps and timelines to-- ``(A) evaluate the risk to human health from drinking water provided by public water systems contaminated with cyanotoxins; ``(B) establish, publish, and update a comprehensive list of cyanotoxins determined by the Administrator to be harmful to human health when present in drinking water provided by public water systems; ``(C) summarize-- ``(i) the known adverse human health effects of cyanotoxins included on the list published under subparagraph (B) when present in drinking water provided by public water systems; and ``(ii) factors that cause cyanobacteria to proliferate and express toxins; ``(D) with respect to cyanotoxins included on the list published under subparagraph (B), determine whether to-- ``(i) publish health advisories pursuant to section 1412(b)(1)(F) for such cyanotoxins in drinking water provided by public water systems; ``(ii) establish guidance regarding feasible analytical methods to quantify the presence of cyanotoxins; and ``(iii) establish guidance regarding the frequency of monitoring necessary to determine if such cyanotoxins are present in drinking water provided by public water systems; ``(E) recommend feasible treatment options, including procedures and equipment, to mitigate any adverse public health effects of cyanotoxins included on the list published under subparagraph (B); and ``(F) enter into cooperative agreements with, and provide technical assistance to, affected States and public water systems, as identified by the Administrator, for the purpose of managing risks associated with cyanotoxins included on the list published under subparagraph (B). ``(2) Updates.--The Administrator shall, as appropriate, update and submit to Congress the strategic plan developed under paragraph (1). ``(b) Information Coordination.--In carrying out this section the Administrator shall-- ``(1) identify gaps in the Agency's understanding of cyanobacteria, including-- ``(A) the human health effects of cyanotoxins included on the list published under subsection (a)(1)(B); and ``(B) methods and means of testing and monitoring for the presence of harmful cyanotoxins in source water of, or drinking water provided by, public water systems; ``(2) as appropriate, consult with-- ``(A) other Federal agencies that-- ``(i) examine or analyze cyanobacteria; or ``(ii) address public health concerns related to harmful algal blooms; ``(B) States; ``(C) operators of public water systems; ``(D) multinational agencies; ``(E) foreign governments; and ``(F) research and academic institutions; and ``(3) assemble and publish information from each Federal agency that has-- ``(A) examined or analyzed cyanobacteria; or ``(B) addressed public health concerns related to harmful algal blooms. ``(c) Use of Science.--The Administrator shall carry out this section in accordance with the requirements described in section 1412(b)(3)(A), as applicable. ``(d) Feasible.--For purposes of this section, the term `feasible' has the meaning given such term in section 1412(b)(4)(D).''. (b) Report to Congress.--Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit to Congress a report that includes-- (1) an inventory of funds-- (A) expended by the United States, for each of fiscal years 2010 through 2014, to examine or analyze cyanobacteria or address public health concerns related to harmful algal blooms; and (B) that includes the specific purpose for which the funds were made available, the law under which the funds were authorized, and the Federal agency that received or spent the funds; and (2) recommended steps to reduce any duplication, and improve interagency coordination, of such expenditures.

Drinking Water Protection Act - Amends the Safe Drinking Water Act to direct the Environmental Protection Agency (EPA) to develop and submit to Congress a strategic plan for assessing and managing risks associated with cyanotoxins in drinking water provided by public water systems. (Cyanotoxins are naturally occurring toxins produced by cyanobacteria, also known as blue-green algae.) Requires the plan to include steps and time lines to: evaluate the risk to human health from drinking water contaminated with cyanotoxins; establish, publish, and update a comprehensive list of cyanotoxins that are harmful to human health; summarize the known adverse human health effects of cyanotoxins and the factors that cause cyanobacteria to grow rapidly and make toxins; determine whether to publish health advisories for harmful cyanotoxins and establish relevant guidance; recommend feasible treatment options; and enter into cooperative agreements with, and provide technical assistance to, affected states and public water systems to manage risks associated with cyanotoxins.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Homeowner Refinancing Act of 2012''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``current borrower'' means a mortgagor who is current on the subject mortgage at the time of the refinancing, and has had no late payments in the preceding 6 months and not more than 1 late payment in the preceding 12 months; (2) the term ``eligible mortgage'' means any mortgage that-- (A) is an existing first mortgage that was made for purchase of, or refinancing of another first mortgage on, a 1- to 4-family dwelling, including a condominium or a share in a cooperative ownership housing association; (B) was originated or refinanced on or before May 31, 2009, unless that date is extended by the Director under FHFA's preexisting authority to do so; (C) is owned or guaranteed by an enterprise; (D) with respect to which, the mortgagor is a current borrower; and (E) includes existing first mortgages with a loan- to-value ratio of less than 80 percent. (3) the term ``enterprise'' means the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation; (4) the terms ``FHFA'' and ``Director'' mean the Federal Housing Finance Agency and the Director thereof, respectively; (5) the terms ``Home Affordable Refinance Program'' and ``Program'' mean the Home Affordable Refinance Program, administered by the FHFA and the enterprises as part of the Making Home Affordable initiative announced on March 4, 2009; (6) the term-- (A) ``LTV'' means loan-to-value, or the ratio of the amount of the primary mortgage on a property to the value of that property; and (B) ``CLTV'' means combined loan-to-value, or the ratio of all mortgage debt on a property to the value of the property; (7) the term ``same servicer'' means a lender that is providing refinancing for a borrower whose loan they already service; (8) the term ``qualified lender'' means a lender that is participating in the Program; (9) the term ``guarantee fee'' has the same meaning as in section 1327(a) of the Housing and Community Development Act of 1992 (12 U.S.C. 4547(a)); and (10) the term ``average fees'' means the average contractual fee rate of single-family guaranty arrangements charged by an enterprise on April 1, 2012, plus the recognition of any up-front cash payments over an estimated average life, expressed in terms of basis points, such definition to be interpreted in a manner consistent with the annual report on guarantee fees by the FHFA. SEC. 3. STREAMLINED REFINANCING CRITERIA UNDER THE PROGRAM. (a) In General.--In carrying out the Home Affordable Refinance Program, each enterprise shall adopt and adhere to the criteria established under this section. (b) Borrower Eligibility.--The enterprises shall include as eligible borrowers in the Home Affordable Refinance Program all current borrowers who have an eligible mortgage and meet those underwriting requirements for eligibility for same servicer refinancing in the Program as of March 1, 2012, except that the enterprises may not disqualify or impose varying rules within the Program for borrowers based on LTV, CLTV, employment status or income. (c) Additional Relief From Representations and Warranties.--The enterprises shall not require of any qualified lender executing a loan under the Program any representations or warranties-- (1) for the value, marketability, condition, or property type of the loan, as such loan characteristics are evidenced by an appraisal or alternative valuation method, provided that the lender complies with the enterprises' required methods and standards for ordering an appraisal under the Program; or (2) that are not required of same servicers under the Program as of March 1, 2012, whether that loan is manually underwritten or underwritten through an automated system, except that, under no circumstances shall greater representations and warranties be required for a loan that is manually underwritten than for one that is underwritten through an automated system. (d) Prohibition on Up-front Fees.--In carrying out the Program, the enterprises may not charge the qualified lender any loan level price adjustment, post settlement delivery fee, adverse delivery charge, or other similar up-front fee. (e) Appraisals.--The enterprises shall develop and allow alternative streamlined methods to determine the value of the property for which refinancing is sought through the Program that eliminate the costs to the borrower and qualified lender associated with such determination. Until such time as such method is developed, and when the existing automated valuation models of the enterprises are unable to determine the value of a certain property for which refinancing is sought through the Program, the enterprises shall bear the costs associated with the use of manual appraisal of that property, without passing on such costs to the borrower or qualified lender. (f) Limitation.--Notwithstanding any provision of the Federal National Mortgage Association Charter Act (12 U.S.C. 1716 et seq.) or the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1451 et seq.), an enterprise may purchase or guarantee any new mortgage resulting from the refinancing of an eligible mortgage pursuant to this section, if at the time of origination of the eligible mortgage, the eligible mortgage complied with the applicable limitation governing the maximum original principal obligation on conventional mortgages that may be purchased or guaranteed by that enterprise. (g) Guarantee Fees.-- (1) In general.-- (A) Average fee.--On each mortgage refinanced under the Program in accordance with this section, the enterprises shall set the average fee required under this Act, as determined by the Director in an amount not less than the average fees charged by the enterprises as of April 1, 2012, for such guarantees. The Director shall prohibit an enterprise from offsetting the cost of the fee to the mortgage originators, borrowers, and investors by decreasing other charges, fees, or premiums, or in any other manner. (B) Authority to limit offer of guarantee.--The Director shall prohibit an enterprise from consummating any offer for a guarantee to a qualified lender for mortgage-backed securities, if the guarantee is inconsistent with the requirements of this section. (2) Information collection and analysis.--The Director shall require each enterprise to provide to the Director, as part of its annual report submitted to Congress, for loans refinanced under the Program-- (A) a description of changes made to up-front fees and annual fees as part of the guarantee fees negotiated with qualified lenders; and (B) an assessment of how the changes in the guarantee fees described in subparagraph (A) met the requirements of paragraph (1). (h) Regulations.--Not later than 30 days after the date of enactment of this Act, the Director shall issue any regulations or guidance necessary to carry out the changes to the Program established under this section, which regulations or guidance shall be put into effect not later than 90 days after the date of enactment of this Act. (i) Termination.--The requirements of this section shall expire concurrent with the expiration of the Program. (j) Rule of Construction.-- (1) In general.--Nothing in this section shall be construed to supersede, preempt, or otherwise nullify the requirement that a loan refinanced under the Program must benefit the borrower. (2) Definition.--For purposes of paragraph (1), a loan refinanced under the Program benefits the borrower, if the refinanced loan results in-- (A) reduction in payment; (B) reduction in interest rate; (C) movement to a more stable product, such as from an adjustable rate mortgage to a fixed rate mortgage; or (D) reduction in amortization term. SEC. 4. INFORMATION FOR BORROWERS ON ELIGIBILITY FOR THE PROGRAM. (a) Notice to Borrowers.--Not later than 60 days after the date of enactment of this Act, the enterprises shall notify all borrowers with a mortgage owned or guaranteed by an enterprise about the Program and its eligibility criteria, and inform borrowers of the website required under subsection (b). (b) Public Access to Eligibility Criteria.--The Director shall establish, and the enterprises shall display a link on their homepages to, a single website where borrowers may-- (1) determine their potential eligibility for participation in the Program; (2) see a complete list of and links to qualified lenders; (3) use a mortgage refinance calculator to calculate potential payment savings based on different interest rates; and (4) obtain tips on refinancing their loan. SEC. 5. CONSISTENT REFINANCING GUIDELINES REQUIRED. Not later than 60 days after the date of enactment of this Act, the Director shall issue guidance to require the enterprises to make their refinancing guidelines consistent to ease the compliance requirements of qualified lenders, and in particular with respect to loans with less than an 80 percent loan-to-value ratio and closing cost policies of the enterprises, which regulations or guidance shall be put into effect not later than 90 days after the date of enactment of this Act. SEC. 6. PROGRESS REPORTS. The Director shall provide to Congress monthly reports on the progress of the Program, and each enterprise shall include and disclose, as part of its filings with the Securities and Exchange Commission on Form 10-Q, Form 10-K, or any successors thereto, detailed information on each enterprise's progress and results in implementing and executing the Program. SEC. 7. SEVERABILITY. If any portion of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the portions or applications of this Act which can be given effect without the invalid portion or application.

Responsible Homeowner Refinancing Act of 2012 - Requires the Federal National Mortgage Association (Fannie Mae) and Federal Home Loan Mortgage Corporation (Freddie Mac) (government sponsored enterprises or GSEs), in carrying out the Home Affordable Refinance Program, to adopt specified criteria pertaining to: (1) borrower eligibility, (2) representations and warranties, (3) prohibition on up-front fees, (4) alternative streamlined methods to determine the value of a property, (5) the purchase or guarantee of any new mortgage resulting from the refinancing of an eligible mortgage, and (6) guarantee fees. Requires the GSEs to notify all borrowers with a mortgage owned or guaranteed by a GSE about the Program and its eligibility criteria, and inform borrowers of the website required below. Directs the Director of the Federal Housing Finance Agency (FHFA) to establish a single website where borrowers may: (1) determine their potential eligibility for participation in the Program, (2) see a complete list of and links to qualified lenders, (3) use a mortgage refinance calculator to calculate potential payment savings based on different interest rates, and (4) obtain tips on refinancing their loan. Directs the Director of FHFA to issue guidance to require the GSEs to make their refinancing guidelines consistent to ease the compliance requirements of qualified lenders, and in particular with respect to loans with less than 80% loan-to-value ratio and closing cost policies of the GSEs, which regulations or guidance shall be put into effect not later than 90 days after the enactment of this Acts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Nonprofit Research and Education Corporations Enhancement Act of 2009''. SEC. 2. GENERAL AUTHORITIES ON ESTABLISHMENT OF CORPORATIONS. (a) Authorization of Multi-Medical Center Research Corporations.-- (1) In general.--Section 7361 of title 38, United States Code, is amended-- (A) by redesignating subsection (b) as subsection (e); and (B) by inserting after subsection (a) the following new subsection (b): ``(b)(1) Subject to paragraph (2), a corporation established under this subchapter may facilitate the conduct of research, education, or both at more than one medical center. Such a corporation shall be known as a `multi-medical center research corporation'. ``(2) The board of directors of a multi-medical center research corporation under this subsection shall include the official at each Department medical center concerned who is, or who carries out the responsibilities of, the medical center director of such center as specified in section 7363(a)(1)(A)(i) of this title. ``(3) In facilitating the conduct of research, education, or both at more than one Department medical center under this subchapter, a multi-medical center research corporation may administer receipts and expenditures relating to such research, education, or both, as applicable, performed at the Department medical centers concerned.''. (2) Expansion of existing corporations to multi-medical center research corporations.--Such section is further amended by adding at the end the following new subsection: ``(f) A corporation established under this subchapter may act as a multi-medical center research corporation under this subchapter in accordance with subsection (b) if-- ``(1) the board of directors of the corporation approves a resolution permitting facilitation by the corporation of the conduct of research, education, or both at the other Department medical center or medical centers concerned; and ``(2) the Secretary approves the resolution of the corporation under paragraph (1).''. (b) Restatement and Modification of Authorities on Applicability of State Law.-- (1) In general.--Section 7361 of such title, as amended by subsection (a) of this section, is further amended by inserting after subsection (b) the following new subsection (c): ``(c) Any corporation established under this subchapter shall be established in accordance with the nonprofit corporation laws of the State in which the applicable Department medical center is located and shall, to the extent not inconsistent with any Federal law, be subject to the laws of such State. In the case of any multi-medical center research corporation that facilitates the conduct of research, education, or both at Department medical centers located in different States, the corporation shall be established in accordance with the nonprofit corporation laws of the State in which one of such Department medical centers is located.''. (2) Conforming amendment.--Section 7365 of such title is repealed. (c) Clarification of Status of Corporations.--Section 7361 of such title, as amended by this section, is further amended-- (1) in subsection (a), by striking the second sentence; and (2) by inserting after subsection (c) the following new subsection (d): ``(d)(1) Except as otherwise provided in this subchapter or under regulations prescribed by the Secretary, any corporation established under this subchapter, and its officers, directors, and employees, shall be required to comply only with those Federal laws, regulations, and executive orders and directives that apply generally to private nonprofit corporations. ``(2) A corporation under this subchapter is not-- ``(A) owned or controlled by the United States; or ``(B) an agency or instrumentality of the United States.''. (d) Reinstatement of Requirement for 501(c)(3) Status of Corporations.--Subsection (e) of section 7361 of such title, as redesignated by subsection (a)(1) of this section, is further amended by inserting ``section 501(c)(3) of'' after ``exempt from taxation under''. SEC. 3. CLARIFICATION OF PURPOSES OF CORPORATIONS. (a) Clarification of Purposes.--Subsection (a) of section 7362 of title 38, United States Code, is amended-- (1) in the first sentence-- (A) by striking ``Any corporation'' and all that follows through ``facilitate'' and inserting ``A corporation established under this subchapter shall be established to provide a flexible funding mechanism for the conduct of approved research and education at one or more Department medical centers and to facilitate functions related to the conduct of''; and (B) by inserting before the period at the end the following: ``or centers''; and (2) in the second sentence, by inserting ``or centers'' after ``medical center''. (b) Modification of Defined Term Relating to Education and Training.--Subsection (b) of such section is amended in the matter preceding paragraph (1) by striking ``the term `education and training''' and inserting ``the term `education' includes education and training and''. (c) Repeal of Role of Corporations With Respect to Fellowships.-- Paragraph (1) of subsection (b) of such section is amended by striking the flush matter following subparagraph (C). (d) Availability of Education for Families of Veteran Patients.-- Paragraph (2) of subsection (b) of such section is amended by striking ``to patients and to the families'' and inserting ``and includes education and training for patients and families''. SEC. 4. MODIFICATION OF REQUIREMENTS FOR BOARDS OF DIRECTORS OF CORPORATIONS. (a) Requirements for Department Board Members.--Paragraph (1) of section 7363(a) of title 38, United States Code, is amended to read as follows: ``(1) with respect to the Department medical center-- ``(A)(i) the director (or directors of each Department medical center, in the case of a multi- medical center research corporation); ``(ii) the chief of staff; and ``(iii) as appropriate for the activities of such corporation, the associate chief of staff for research and the associate chief of staff for education; or ``(B) in the case of a Department medical center at which one or more of the positions referred to in subparagraph (A) do not exist, the official or officials who are responsible for carrying out the responsibilities of such position or positions at the Department medical center; and''. (b) Requirements for Non-Department Board Members.--Paragraph (2) of such section is amended-- (1) by inserting ``not less than two'' before ``members''; and (2) by striking ``and who'' and all that follows through the period at the end and inserting ``and who have backgrounds, or business, legal, financial, medical, or scientific expertise, of benefit to the operations of the corporation.''. (c) Conflicts of Interest.--Subsection (c) of section 7363 of such title is amended by striking ``, employed by, or have any other financial relationship with'' and inserting ``or employed by''. SEC. 5. CLARIFICATION OF POWERS OF CORPORATIONS. (a) In General.--Section 7364 of title 38, United States Code, is amended to read as follows: ``Sec. 7364. General powers ``(b) In General.--(1) A corporation established under this subchapter may, solely to carry out the purposes of this subchapter-- ``(A) accept, administer, retain, and spend funds derived from gifts, contributions, grants, fees, reimbursements, and bequests from individuals and public and private entities; ``(B) enter into contracts and agreements with individuals and public and private entities; ``(C) subject to paragraph (2), set fees for education and training facilitated under section 7362 of this title, and receive, retain, administer, and spend funds in furtherance of such education and training; ``(D) reimburse amounts to the applicable appropriation account of the Department for the Office of General Counsel for any expenses of that Office in providing legal services attributable to research and education agreements under this subchapter; and ``(E) employ such employees as the corporation considers necessary for such purposes and fix the compensation of such employees. ``(2) Fees charged pursuant to paragraph (1)(C) for education and training described in that paragraph to individuals who are officers or employees of the Department may not be paid for by any funds appropriated to the Department. ``(3) Amounts reimbursed to the Office of General Counsel under paragraph (1)(D) shall be available for use by the Office of the General Counsel only for staff and training, and related travel, for the provision of legal services described in that paragraph and shall remain available for such use without fiscal year limitation. ``(c) Transfer and Administration of Funds.--(1) Except as provided in paragraph (2), any funds received by the Secretary for the conduct of research or education at a Department medical center or centers, other than funds appropriated to the Department, may be transferred to and administered by a corporation established under this subchapter for such purposes. ``(2) A Department medical center may reimburse the corporation for all or a portion of the pay, benefits, or both of an employee of the corporation who is assigned to the Department medical center if the assignment is carried out pursuant to subchapter VI of chapter 33 of title 5. ``(3) A Department medical center may retain and use funds provided to it by a corporation established under this subchapter. Such funds shall be credited to the applicable appropriation account of the Department and shall be available, without fiscal year limitation, for the purposes of that account. ``(d) Research Projects.--Except for reasonable and usual preliminary costs for project planning before its approval, a corporation established under this subchapter may not spend funds for a research project unless the project is approved in accordance with procedures prescribed by the Under Secretary for Health for research carried out with Department funds. Such procedures shall include a scientific review process. ``(e) Education Activities.--Except for reasonable and usual preliminary costs for activity planning before its approval, a corporation established under this subchapter may not spend funds for an education activity unless the activity is approved in accordance with procedures prescribed by the Under Secretary for Health. ``(f) Policies and Procedures.--The Under Secretary for Health may prescribe policies and procedures to guide the spending of funds by corporations established under this subchapter that are consistent with the purpose of such corporations as flexible funding mechanisms and with Federal and State laws and regulations, and executive orders, circulars, and directives that apply generally to the receipt and expenditure of funds by nonprofit organizations exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986.''. (b) Conforming Amendment.--Section 7362(a) of such title, as amended by section 3(a)(1) of this Act, is further amended by striking the last sentence. SEC. 6. REDESIGNATION OF SECTION 7364A OF TITLE 38, UNITED STATES CODE. (a) Redesignation.--Section 7364A of title 38, United States Code, is redesignated as section 7365 of such title. (b) Clerical Amendments.--The table of sections at the beginning of chapter 73 of such title is amended-- (1) by striking the item relating to section 7364A; and (2) by striking the item relating to section 7365 and inserting the following new item: ``7365. Coverage of employees under certain Federal tort claims laws.''. SEC. 7. IMPROVED ACCOUNTABILITY AND OVERSIGHT OF CORPORATIONS. (a) Additional Information in Annual Reports.--Subsection (b) of section 7366 of title 38, United States Code, is amended to read as follows: ``(b)(1) Each corporation shall submit to the Secretary each year a report providing a detailed statement of the operations, activities, and accomplishments of the corporation during that year. ``(2)(A) A corporation with revenues in excess of $300,000 for any year shall obtain an audit of the corporation for that year. ``(B) A corporation with annual revenues between $10,000 and $300,000 shall obtain an audit of the corporation at least once every three years. ``(C) Any audit under this paragraph shall be performed by an independent auditor. ``(3) The corporation shall include in each report to the Secretary under paragraph (1) the following: ``(A) The most recent audit of the corporation under paragraph (2). ``(B) The most recent Internal Revenue Service Form 990 `Return of Organization Exempt from Income Tax' or equivalent and the applicable schedules under such form.''. (b) Confirmation of Application of Conflict of Interest Regulations to Appropriate Corporation Positions.--Subsection (c) of such section is amended-- (1) by striking ``laws and'' each place it appears; (2) in paragraph (1)-- (A) by inserting ``each officer and'' after ``under this subchapter,''; and (B) by striking ``, and each employee of the Department'' and all that follows through ``during any year''; and (3) in paragraph (2)-- (A) by inserting ``, officer,'' after ``verifying that each director''; and (B) by striking ``in the same manner'' and all that follows before the period at the end. (c) Establishment of Appropriate Payee Reporting Threshold.-- Subsection (d)(3)(C) of such section is amended by striking ``$35,000'' and inserting ``$50,000''.

Veterans Nonprofit Research and Education Corporations Enhancement Act of 2009 - Amends federal provisions concerning the establishment at Department of Veterans Affairs (VA) medical facilities of nonprofit research and education corporations (NRECs) to allow an NREC to facilitate the conduct of research or education, or both, at more than one VA medical center. States that such an NREC shall be known as a multi-medical center research corporation (MCRC). Allows an NREC to act as a MCRC if: (1) the NREC board of directors approve a resolution permitting that NREC to act as a MCRC; and (2) the Secretary of Veterans Affairs approves the resolution. Requires each NREC and MCRC (corporation) to be established in accordance with the nonprofit corporation laws of the state in which the VA medical center which it supports is located. States that neither such corporation shall be considered to be owned by, or an agent or instrumentality of, the United States. Restates the purposes of the corporations. Modifies the composition of, and standards applicable to, corporation boards of directors, including by changing applicable conflict of interest requirements. Expands the required areas of experience or expertise with respect to non-VA members of corporation boards of directors. Increases authorized corporate powers of the corporations to include entering into contracts and setting fees for education and training facilitated through a corporation. Revises audit requirements to require submission of an Internal Revenue Service return form applicable to organizations exempt from income tax.

SECTION 1. SHORT TITLE. This Act may be cited as the ``SEC Regulatory Accountability Act''. SEC. 2. CONSIDERATION BY THE SECURITIES AND EXCHANGE COMMISSION OF THE COSTS AND BENEFITS OF ITS REGULATIONS AND CERTAIN OTHER AGENCY ACTIONS. Section 23 of the Securities Exchange Act of 1934 (15 U.S.C. 78w) is amended by adding at the end the following: ``(e) Consideration of Costs and Benefits.-- ``(1) In general.--Before issuing a regulation under the securities laws, as defined in section 3(a), the Commission shall-- ``(A) clearly identify the nature and source of the problem that the proposed regulation is designed to address, as well as assess the significance of that problem, to enable assessment of whether any new regulation is warranted; ``(B) utilize the Chief Economist to assess the costs and benefits, both qualitative and quantitative, of the intended regulation and propose or adopt a regulation only on a reasoned determination that the benefits of the intended regulation justify the costs of the regulation; ``(C) identify and assess available alternatives to the regulation that were considered, including modification of an existing regulation, together with an explanation of why the regulation meets the regulatory objectives more effectively than the alternatives; and ``(D) ensure that any regulation is accessible, consistent, written in plain language, and easy to understand and shall measure, and seek to improve, the actual results of regulatory requirements. ``(2) Considerations and actions.-- ``(A) Required actions.--In deciding whether and how to regulate, the Commission shall assess the costs and benefits of available regulatory alternatives, including the alternative of not regulating, and choose the approach that maximizes net benefits. Specifically, the Commission shall-- ``(i) consistent with the requirements of section 3(f) (15 U.S.C. 78c(f)), section 2(b) of the Securities Act of 1933 (15 U.S.C. 77b(b)), section 202(c) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(c)), and section 2(c) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(c)), consider whether the rulemaking will promote efficiency, competition, and capital formation; ``(ii) evaluate whether, consistent with obtaining regulatory objectives, the regulation is tailored to impose the least burden on society, including market participants, individuals, businesses of differing sizes, and other entities (including State and local governmental entities), taking into account, to the extent practicable, the cumulative costs of regulations; and ``(iii) evaluate whether the regulation is inconsistent, incompatible, or duplicative of other Federal regulations. ``(B) Additional considerations.--In addition, in making a reasoned determination of the costs and benefits of a potential regulation, the Commission shall, to the extent that each is relevant to the particular proposed regulation, take into consideration the impact of the regulation on-- ``(i) investor choice; ``(ii) market liquidity in the securities markets; and ``(iii) small businesses. ``(3) Explanation and comments.--The Commission shall explain in its final rule the nature of comments that it received, including those from the industry or consumer groups concerning the potential costs or benefits of the proposed rule or proposed rule change, and shall provide a response to those comments in its final rule, including an explanation of any changes that were made in response to those comments and the reasons that the Commission did not incorporate those industry group concerns related to the potential costs or benefits in the final rule. ``(4) Review of existing regulations.--Not later than 1 year after the date of enactment of the SEC Regulatory Accountability Act, and every 5 years thereafter, the Commission shall review its regulations to determine whether any such regulations are outmoded, ineffective, insufficient, or excessively burdensome, and shall modify, streamline, expand, or repeal them in accordance with such review. In reviewing any regulation (including, notwithstanding paragraph (6), a regulation issued in accordance with formal rulemaking provisions) that subjects issuers with a public float of $250,000,000 or less to the attestation and reporting requirements of section 404(b) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262(b)), the Commission shall specifically take into account the large burden of such regulation when compared to the benefit of such regulation. ``(5) Post-adoption impact assessment.-- ``(A) In general.--Whenever the Commission adopts or amends a regulation designated as a `major rule' within the meaning of section 804(2) of title 5, United States Code, it shall state, in its adopting release, the following: ``(i) The purposes and intended consequences of the regulation. ``(ii) Appropriate post-implementation quantitative and qualitative metrics to measure the economic impact of the regulation and to measure the extent to which the regulation has accomplished the stated purposes. ``(iii) The assessment plan that will be used, consistent with the requirements of subparagraph (B) and under the supervision of the Chief Economist of the Commission, to assess whether the regulation has achieved the stated purposes. ``(iv) Any unintended or negative consequences that the Commission foresees may result from the regulation. ``(B) Requirements of assessment plan and report.-- ``(i) Requirements of plan.--The assessment plan required under this paragraph shall consider the costs, benefits, and intended and unintended consequences of the regulation. The plan shall specify the data to be collected, the methods for collection and analysis of the data and a date for completion of the assessment. The assessment plan shall include an analysis of any jobs added or lost as a result of the regulation, differentiating between public and private sector jobs. ``(ii) Submission and publication of report.--The Chief Economist shall submit the completed assessment report to the Commission no later than 2 years after the publication of the adopting release, unless the Commission, at the request of the Chief Economist, has published at least 90 days before such date a notice in the Federal Register extending the date and providing specific reasons why an extension is necessary. Within 7 days after submission to the Commission of the final assessment report, it shall be published in the Federal Register for notice and comment. Any material modification of the plan, as necessary to assess unforeseen aspects or consequences of the regulation, shall be promptly published in the Federal Register for notice and comment. ``(iii) Data collection not subject to notice and comment requirements.--If the Commission has published its assessment plan for notice and comment, specifying the data to be collected and method of collection, at least 30 days prior to adoption of a final regulation or amendment, such collection of data shall not be subject to the notice and comment requirements in section 3506(c) of title 44, United States Code (commonly referred to as the Paperwork Reduction Act). Any material modifications of the plan that require collection of data not previously published for notice and comment shall also be exempt from such requirements if the Commission has published notice for comment in the Federal Register of the additional data to be collected, at least 30 days prior to initiation of data collection. ``(iv) Final action.--Not later than 180 days after publication of the assessment report in the Federal Register, the Commission shall issue for notice and comment a proposal to amend or rescind the regulation, or publish a notice that the Commission has determined that no action will be taken on the regulation. Such a notice will be deemed a final agency action. ``(6) Covered regulations and other agency actions.--Solely as used in this subsection, the term `regulation'-- ``(A) means an agency statement of general applicability and future effect that is designed to implement, interpret, or prescribe law or policy or to describe the procedure or practice requirements of an agency, including rules, orders of general applicability, interpretive releases, and other statements of general applicability that the agency intends to have the force and effect of law; and ``(B) does not include-- ``(i) a regulation issued in accordance with the formal rulemaking provisions of section 556 or 557 of title 5, United States Code; ``(ii) a regulation that is limited to agency organization, management, or personnel matters; ``(iii) a regulation promulgated pursuant to statutory authority that expressly prohibits compliance with this provision; and ``(iv) a regulation that is certified by the agency to be an emergency action, if such certification is published in the Federal Register.''. SEC. 3. SENSE OF CONGRESS RELATING TO OTHER REGULATORY ENTITIES. It is the sense of the Congress that the Public Company Accounting Oversight Board should also follow the requirements of section 23(e) of such Act, as added by this title. SEC. 4. ACCOUNTABILITY PROVISION RELATING TO OTHER REGULATORY ENTITIES. A rule adopted by the Municipal Securities Rulemaking Board or any national securities association registered under section 15A of the Securities Exchange Act of 1934 (15 U.S.C. 78o-3) shall not take effect unless the Securities and Exchange Commission determines that, in adopting such rule, the Board or association has complied with the requirements of section 23(e) of such Act, as added by section 2, in the same manner as is required by the Commission under such section 23(e).

. SEC Regulatory Accountability Act This bill amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC), before issuing a regulation under the securities laws, to: identify the nature and source of the problem that the proposed regulation is designed to address in order to assess whether any new regulation is warranted; use the SEC Chief Economist to assess the costs and benefits of the intended regulation and adopt it only upon a reasoned determination that its benefits justify the costs; identify and assess available alternatives that were considered; and ensure that any regulation is accessible, consistent, written in plain language, and easy to understand. The SEC shall: consider the impact of the regulation upon investor choice, market liquidity, and small business; and explain in its final rule the nature of comments received concerning the proposed rule or rule change as well as its response to those comments. The SEC shall: (1) review its existing regulations periodically to determine if they are outmoded, ineffective, insufficient, or excessively burdensome; and (2) modify, streamline, expand, or repeal them. Whenever it adopts or amends a major rule, the SEC shall state in its adopting release the regulation's purposes and intended consequences, the post-implementation quantitative and qualitative metrics to measure the regulation's economic impact, the assessment plan to be used under the supervision of the Chief Economist to assess whether the regulation has achieved those purposes, and any foreseeable unintended or negative consequences. The assessment plan must: (1) consider the regulation's costs, benefits, and intended and unintended consequences; and (2) specify the data to be collected, the methods for its collection and analysis, and an assessment completion date. The bill expresses the sense of Congress that the Public Company Accounting Oversight Board should also follow the requirements set forth by this bill.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Diabetic Retinopathy Prevention Act of 2003''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Type 2 diabetes affects 17,000,000 Americans, with over 1,000,000 new cases diagnosed each year, and costs the Nation an estimated $138,000,000,000 per year. (2) Diabetic retinopathy is the most common complication resulting from diabetes, and causes degradation in visual acuity and eventual blindness. Diabetic retinopathy is the leading cause of blindness in people aged 20 to 74, and up to 24,000 diabetics become legally blind each year. (3) Most individuals with diabetes will ultimately develop diabetic retinopathy, and the risk of diabetic retinopathy increases with the duration of diabetes. Onset of type 2 diabetes is today occurring at younger ages, which will increase the prevalence of diabetic retinopathy in the future. (4) Clinical trials have demonstrated that early detection and treatment of diabetic retinopathy can reduce vision loss by 90 percent, and remote assessment of diabetic retinopathy has the potential to reach large numbers of diabetic patients who live in rural, remote or underserved areas and who lack geographical or financial access to regular, in-office eye examinations by eye specialists. SEC. 3. MEDICARE COVERAGE OF REMOTE ASSESSMENT OF DIABETIC RETINOPATHY. (a) Coverage.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in paragraph (s)(1)-- (A) in subparagraph (U), by striking ``and'' at the end; (B) in subparagraph (V)(iii), by adding ``and'' at the end; and (C) by inserting after subparagraph (V) the following new subparagraph: ``(W) remote assessment of diabetic retinopathy (as defined in subsection (ww));''; and (2) by adding at the end the following new subsection: ``Remote Assessment of Diabetic Retinopathy ``(ww) The term `remote assessment of diabetic retinopathy' means a diagnostic examination of the retina for the purpose of early detection of diabetic retinopathy that-- ``(1) is provided not more frequently than on an annual basis to an individual who has been diagnosed with diabetes; ``(2) meets technical standards set forth by the Secretary (which shall be determined in consultation with industry and practitioner groups with expertise in ophthalmic photography, telemedicine, or related fields); and ``(3) is furnished via a telecommunications system by a physician (as defined in subsection (r)), a practitioner (described in section 1842(b)(18)(C) of this title), or a non- physician technician deemed to be qualified by the Secretary under the regulations promulgated pursuant to this Act, to an eligible patient enrolled under this part, notwithstanding that the individual physician or practitioner providing the service is not at the same location as the beneficiary.''. (b) Payment Notwithstanding Limitation on Store and Forward Technology.--Notwithstanding any limitations to the contrary that are set forth in section 1834(m)(1) of the Social Security Act (42 U.S.C. 1395m(m)(1)), the amendments made by subsection (a) shall be applicable to remote assessments of diabetic retinopathy that are furnished through the use of store-and-forward technologies that provide for the asynchronous transmission of health care information in single or multimedia formats. (c) Interim Payment Pending Publication of Final Rule.--For the period beginning 30 days after the date of the enactment of this Act and ending on the date the Secretary of Health and Human Services publishes a final regulation to carry out section 1861(s)(1)(W) of the Social Security Act, as added by subsection (a), the Secretary shall provide for payment of retinopathy assessments furnished under such section during such period, and assign such temporary HCPCS code as is necessary to provide for such payment. (d) Study on Reimbursement for Remote Assessments of Diabetic Retinopathy.--(1) Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall conduct a study on the costs incurred by health care providers to provide remote assessment of diabetic retinopathy services, including an analysis of-- (A) per-patient cost, and (B) start-up and administrative costs. (2) Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit a report to Congress on the study conducted under paragraph (1) and shall include recommendations as respect to-- (A) the adequacy of reimbursements for remote assessment of diabetic retinopathy under the medicare program; and (B) whether the study under paragraph (1) should be repeated, and if so, how frequently. (e) Effective Date.--The amendments made by subsection (a) shall apply to assessments performed on or after the date that is 30 days after the date of the enactment of this Act. SEC. 4 MEDICAID COVERAGE OF REMOTE ASSESSMENT OF DIABETIC RETINOPATHY. (a) Requirement.--Section 1905(a)(13) of the Social Security Act (42 U.S.C. 1396d(a)(13)) is amended by inserting ``remote assessment of diabetic retinopathy (as defined in section 1861(s)(1)(ww)),'' after ``including''. (b) Effective Date.--The amendments made by subsection (a) shall apply to assessments performed on or after the date of the enactment of this Act. (c) State Compliance.--In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation authorizing or appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. SEC. 5. MOBILE DIABETIC RETINOPATHY SCREENING PILOT PROGRAM. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended-- (1) by moving section 317R so that it follows section 317Q; and (2) by inserting after section 317R (as so moved) the following: ``SEC. 317S. MOBILE DIABETIC RETINOPATHY SCREENING PILOT PROGRAM. ``(a) In General.-- ``(1) Establishment.--The Secretary shall establish a grant program, to be known as the ``Mobile Diabetic Retinopathy Screening Pilot Program'', to make grants to 5 eligible entities for the purpose of establishing mobile diabetic retinopathy screening programs. ``(2) Use of funds.--The Secretary may not make a grant to an eligible entity under this section unless the entity agrees to use the grant to carry out a project consisting of the design, demonstration, and implementation of a mobile diabetic retinopathy screening program. ``(3) Maximum amount.--The Secretary may not make any grant under this section in an amount that is greater than $1,000,000 for any year. ``(4) Solicitation of applications.--Not later than 90 days after the date on which amounts are first made available to carry out this section, the Secretary shall publish a notice of solicitation for applications for grants under this section that specifies the information to be included in each application. ``(5) Applications.--To seek a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. ``(6) Priority.--In making grants under this section, the Secretary shall give priority to any applicant that-- ``(A) has experience in evaluating diabetic retinopathy using telecommunications equipment, including store and forward technologies; and ``(B) proposes to serve rural, impoverished, minority, and remote populations. ``(7) Congressional notification.--The Secretary may not make a grant under this section unless, not less than 3 days before making the grant, the Secretary provides notification of the grant to the appropriate committees of the Congress. ``(b) Evaluation and Report.-- ``(1) Evaluation.--Not later than 3 years after making the first grant under this section, the Secretary shall convene an advisory committee for the purposes of conducting an evaluation of the Mobile Diabetic Retinopathy Screening Pilot Program. In conducting the evaluation, the advisory committee shall determine-- ``(A) whether the Program has been effective in increasing early detection of diabetic retinopathy, whether preventative measures taken upon such detection have been effective in decreasing the prevalence and severity of diabetic retinopathy, and whether these findings warrant continued or expanded support of the Program; and ``(B) whether the program may serve as a useful model for similar screening programs to detect complications associated with diabetes, high blood pressure, high cholesterol, and other chronic conditions. ``(2) Report.--Not later than 42 months after making the first grant under this section, the Secretary shall submit a report to the appropriate committees of the Congress containing the results of the advisory committee's evaluation. ``(c) Definitions.--In this section: ``(1) Advisory committee.--The term `advisory committee' means the advisory committee convened under subsection (b). ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) a hospital (as defined in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e))); or ``(B) a State, an institution of higher education, a local government, a tribal government, a nonprofit health organization, or a community health center receiving assistance under section 330. ``(3) Mobile diabetic retinopathy screening program.--The term `mobile diabetic retinopathy screening program' means any program-- ``(A) that offers remote assessment of diabetic retinopathy as described in Section 1861(s)(1) of the Social Security Act (42 U.S.C. 1395x); ``(B) whose patients primarily reside in rural, underserved, and remote areas; and ``(C) that is mobile (as determined by the Secretary). ``(4) Program.--The term `Program' means the Mobile Diabetic Retinopathy Screening Pilot Program established under this section. ``(d) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section (except for subsection (b)) $5,000,000 for each of fiscal years 2005 through 2009. ``(2) Evaluation and report.--There are authorized to be appropriated to carry out subsection (b) such sums as may be necessary.''.

Diabetic Retinopathy Prevention Act of 2003 - Amends the Social Security Act to provide Medicare and Medicaid coverage for remote assessment diabetic retinopathy procedures. Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish a mobile diabetic retinopathy screening pilot program with five eligible entities (hospitals, States, Indian or local governments, institutions of higher education, nonprofit health organizations, or certain community health centers) serving patients primarily in rural underserved areas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marketplace Fairness Act of 2013''. SEC. 2. AUTHORIZATION TO REQUIRE COLLECTION OF SALES AND USE TAXES. (a) Streamlined Sales and Use Tax Agreement.--Each Member State under the Streamlined Sales and Use Tax Agreement is authorized to require all sellers not qualifying for the small seller exception described in subsection (c) to collect and remit sales and use taxes with respect to remote sales sourced to that Member State pursuant to the provisions of the Streamlined Sales and Use Tax Agreement, but only if the Streamlined Sales and Use Tax Agreement includes the minimum simplification requirements in subsection (b)(2). A State may exercise authority under this Act beginning 90 days after the State publishes notice of the State's intent to exercise the authority under this Act, but no earlier than the first day of the calendar quarter that is at least 90 days after the date of the enactment of this Act. (b) Alternative.--A State that is not a Member State under the Streamlined Sales and Use Tax Agreement is authorized notwithstanding any other provision of law to require all sellers not qualifying for the small seller exception described in subsection (c) to collect and remit sales and use taxes with respect to remote sales sourced to that State, but only if the State adopts and implements the minimum simplification requirements in paragraph (2). Such authority shall commence beginning no earlier than the first day of the calendar quarter that is at least 6 months after the date that the State-- (1) enacts legislation to exercise the authority granted by this Act-- (A) specifying the tax or taxes to which such authority and the minimum simplification requirements in paragraph (2) shall apply; and (B) specifying the products and services otherwise subject to the tax or taxes identified by the State under subparagraph (A) to which the authority of this Act shall not apply; and (2) implements each of the following minimum simplification requirements: (A) Provide-- (i) a single entity within the State responsible for all State and local sales and use tax administration, return processing, and audits for remote sales sourced to the State; (ii) a single audit of a remote seller for all State and local taxing jurisdictions within that State; and (iii) a single sales and use tax return to be used by remote sellers to be filed with the single entity responsible for tax administration. A State may not require a remote seller to file sales and use tax returns any more frequently than returns are required for nonremote sellers. No local jurisdiction may require a remote seller to submit a sales and use tax return or to collect sales and use taxes other than as provided by this paragraph. (B) Provide a uniform sales and use tax base among the State and the local taxing jurisdictions within the State pursuant to paragraph (1). (C) Source all interstate sales in compliance with the sourcing definition set forth in section 4(7). (D) Provide-- (i) information indicating the taxability of products and services along with any product and service exemptions from sales and use tax in the State and a rates and boundary database; (ii) software free of charge for remote sellers that calculates sales and use taxes due on each transaction at the time the transaction is completed, that files sales and use tax returns, and that is updated to reflect rate changes as described in subparagraph (H); and (iii) certification procedures for persons to be approved as certified software providers. For purposes of clause (iii), the software provided by certified software providers shall be capable of calculating and filing sales and use taxes in all States qualified under this Act. (E) Relieve remote sellers from liability to the State or locality for the incorrect collection, remittance, or noncollection of sales and use taxes, including any penalties or interest, if the liability is the result of an error or omission made by a certified software provider. (F) Relieve certified software providers from liability to the State or locality for the incorrect collection, remittance, or noncollection of sales and use taxes, including any penalties or interest, if the liability is the result of misleading or inaccurate information provided by a remote seller. (G) Relieve remote sellers and certified software providers from liability to the State or locality for incorrect collection, remittance, or noncollection of sales and use taxes, including any penalties or interest, if the liability is the result of incorrect information or software provided by the State. (H) Provide remote sellers and certified software providers with 90 days notice of a rate change by the State or any locality in the State and update the information described in subparagraph (D)(i) accordingly and relieve any remote seller or certified software provider from liability for collecting sales and use taxes at the immediately preceding effective rate during the 90-day notice period if the required notice is not provided. (c) Small Seller Exception.--A State is authorized to require a remote seller to collect sales and use taxes under this Act only if the remote seller has gross annual receipts in total remote sales in the United States in the preceding calendar year exceeding $1,000,000. For purposes of determining whether the threshold in this subsection is met-- (1) the sales of all persons related within the meaning of subsections (b) and (c) of section 267 or section 707(b)(1) of the Internal Revenue Code of 1986 shall be aggregated; or (2) persons with 1 or more ownership relationships shall also be aggregated if such relationships were designed with a principal purpose of avoiding the application of these rules. SEC. 3. LIMITATIONS. (a) In General.--Nothing in this Act shall be construed as-- (1) subjecting a seller or any other person to franchise, income, occupation, or any other type of taxes, other than sales and use taxes; (2) affecting the application of such taxes; or (3) enlarging or reducing State authority to impose such taxes. (b) No Effect on Nexus.--This Act shall not be construed to create any nexus between a person and a State or locality. (c) Licensing and Regulatory Requirements.--Nothing in this Act shall be construed as permitting or prohibiting a State from-- (1) licensing or regulating any person; (2) requiring any person to qualify to transact intrastate business; (3) subjecting any person to State or local taxes not related to the sale of goods or services; or (4) exercising authority over matters of interstate commerce. (d) No New Taxes.--Nothing in this Act shall be construed as encouraging a State to impose sales and use taxes on any goods or services not subject to taxation prior to the date of the enactment of this Act. (e) No Effect on Intrastate Sales.--The provisions of this Act shall apply only to remote sales and shall not apply to intrastate sales or intrastate sourcing rules. States granted authority under section 2(a) shall comply with all intrastate provisions of the Streamlined Sales and Use Tax Agreement. (f) No Effect on Mobile Telecommunications Sourcing Act.--Nothing in this Act shall be construed as altering in any manner or preempting the Mobile Telecommunications Sourcing Act (4 U.S.C. 116-126). SEC. 4. DEFINITIONS AND SPECIAL RULES. In this Act: (1) Certified software provider.--The term ``certified software provider'' means a person that-- (A) provides software to remote sellers to facilitate State and local sales and use tax compliance pursuant to section 2(b)(2)(D); and (B) is certified by a State to so provide such software. (2) Locality; local.--The terms ``locality'' and ``local'' refer to any political subdivision of a State. (3) Member state.--The term ``Member State''-- (A) means a Member State as that term is used under the Streamlined Sales and Use Tax Agreement as in effect on the date of the enactment of this Act; and (B) does not include any associate member under the Streamlined Sales and Use Tax Agreement. (4) Person.--The term ``person'' means an individual, trust, estate, fiduciary, partnership, corporation, limited liability company, or other legal entity, and a State or local government. (5) Remote sale.--The term ``remote sale'' means a sale into a State in which the seller would not legally be required to pay, collect, or remit State or local sales and use taxes unless provided by this Act. (6) Remote seller.--The term ``remote seller'' means a person that makes remote sales in the State. (7) Sourced.--For purposes of a State granted authority under section 2(b), the location to which a remote sale is sourced refers to the location where the item sold is received by the purchaser, based on the location indicated by instructions for delivery that the purchaser furnishes to the seller. When no delivery location is specified, the remote sale is sourced to the customer's address that is either known to the seller or, if not known, obtained by the seller during the consummation of the transaction, including the address of the customer's payment instrument if no other address is available. If an address is unknown and a billing address cannot be obtained, the remote sale is sourced to the address of the seller from which the remote sale was made. A State granted authority under section 2(a) shall comply with the sourcing provisions of the Streamlined Sales and Use Tax Agreement. (8) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. (9) Streamlined sales and use tax agreement.--The term ``Streamlined Sales and Use Tax Agreement'' means the multi- State agreement with that title adopted on November 12, 2002, as in effect on the date of the enactment of this Act and as further amended from time to time. SEC. 5. SEVERABILITY. If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of the provisions of such to any person or circumstance shall not be affected thereby. SEC. 6. PREEMPTION. Except as otherwise provided in this Act, this Act shall not be construed to preempt or limit any power exercised or to be exercised by a State or local jurisdiction under the law of such State or local jurisdiction or under any other Federal law.

Marketplace Fairness Act of 2013 - Authorizes each member state under the Streamlined Sales and Use Tax Agreement (the multistate agreement for the administration and collection of sales and use taxes adopted on November 12, 2002) to require all sellers not qualifying for a small-seller exception (applicable to sellers with annual gross receipts in total U.S. remote sales not exceeding $1 million) to collect and remit sales and use taxes with respect to remote sales under provisions of the Agreement, but only if such Agreement includes minimum simplification requirements relating to the administration of the tax, audits, and streamlined filing. Defines "remote sale" as a sale of goods or services into a state in which the seller would not legally be required to pay, collect, or remit state or local sales and use taxes unless provided by this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Fish and Wildlife Foundation Establishment Act Amendments of 1998''. SEC. 2. PURPOSES. Section 2(b) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701(b)) is amended by striking paragraph (1) and inserting the following: ``(1) to encourage, accept, and administer private gifts of property for the benefit of, or in connection with, the activities and services of the Department of the Interior or the Department of Commerce, particularly the United States Fish and Wildlife Service and the National Oceanic and Atmospheric Administration, to further the conservation and management of fish, wildlife, and plant resources;''. SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION. (a) Establishment and Membership.--Section 3 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended by striking subsection (a) and inserting the following: ``(a) Establishment and Membership.-- ``(1) In general.--The Foundation shall have a governing Board of Directors (referred to in this Act as the `Board'), which shall consist of 25 Directors appointed in accordance with subsection (b), each of whom shall be a United States citizen. ``(2) Representation of diverse points of view.--To the maximum extent practicable, the membership of the Board shall represent diverse points of view relating to conservation and management of fish, wildlife, and plants. ``(3) Not federal employees.--Appointment as a Director of the Foundation shall not constitute employment by, or the holding of an office of, the United States for the purpose of any Federal law.''. (b) Appointment and Terms.--Section 3 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended by striking subsection (b) and inserting the following: ``(b) Appointment and Terms.-- ``(1) Agency heads.--The Director of the United States Fish and Wildlife Service and the Under Secretary of Commerce for Oceans and Atmosphere shall be Directors of the Foundation. ``(2) Appointments by the secretary of the interior.-- ``(A) In general.--Subject to subparagraph (B), after consulting with the Secretary of Commerce and considering the recommendations submitted by the Board, the Secretary of the Interior shall appoint 23 Directors who meet the criteria established by subsection (a), of whom-- ``(i) at least 6 shall be knowledgeable or experienced in fish and wildlife conservation; ``(ii) at least 4 shall be educated or experienced in the principles of fish and wildlife management; and ``(iii) at least 4 shall be knowledgeable or experienced in ocean and coastal resource conservation. ``(B) Transition provision.-- ``(i) Continuation of terms.--The 15 Directors serving on the Board as of the date of enactment of this paragraph shall continue to serve until the expiration of their terms. ``(ii) New directors.--The Secretary of the Interior shall appoint 8 new Directors; to the maximum extent practicable those appointments shall be made not later than 45 calendar days after the date of enactment of this paragraph. ``(3) Terms.-- ``(A) In general.--Subject to subparagraph (B), each Director (other than a Director described in paragraph (1)) shall be appointed for a term of 6 years. ``(B) Initial appointments to new member positions.--Of the Directors appointed by the Secretary of the Interior under paragraph (2)(B)(ii), the Secretary shall appoint-- ``(i) 2 Directors for a term of 2 years; ``(ii) 3 Directors for a term of 4 years; and ``(iii) 3 Directors for a term of 6 years. ``(4) Vacancies.-- ``(A) In general.--The Secretary of the Interior shall fill a vacancy on the Board; to the maximum extent practicable the vacancy shall be filled not later than 45 calendar days after the occurrence of the vacancy. ``(B) Term of appointments to fill unexpired terms.--An individual appointed to fill a vacancy that occurs before the expiration of the term of a Director shall be appointed for the remainder of the term. ``(5) Reappointment.--An individual (other than an individual described in paragraph (1)) shall not serve more than 2 consecutive terms as a Director, excluding any term of less than 6 years.''. (c) Procedural Matters.--Section 3 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended by adding at the end the following: ``(h) Procedural Matters.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Foundation.''. (d) Technical Amendments.-- (1) Section 4(c)(5) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(c)(5)) is amended by striking ``Directors of the Board'' and inserting ``Directors of the Foundation''. (2) Section 6 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3705) is amended by striking ``Secretary'' and inserting ``Secretary of the Interior or the Secretary of Commerce''. (3) Section 6 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3705) is amended by inserting ``or the Department of Commerce'' after ``Department of the Interior''. SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION. (a) Principal Office of the Foundation.--Section 4(a)(3) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(a)(3)) is amended by inserting after ``the District of Columbia'' the following: ``or in a county in the State of Maryland or Virginia that borders on the District of Columbia''. (b) Investment and Deposit of Federal Funds.--Section 4(c) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(c)) is amended-- (1) by redesignating paragraphs (3) through (7) as paragraphs (7) through (11), respectively; and (2) by inserting after paragraph (2) the following: ``(3) to invest any funds provided to the Foundation by the Federal Government in obligations of the United States or in obligations or securities that are guaranteed or insured by the United States; ``(4) to deposit any funds provided to the Foundation by the Federal Government into accounts that are insured by an agency or instrumentality of the United States; ``(5) to make use of any interest or investment income that accrues as a consequence of actions taken under paragraph (3) or (4) to carry out the purposes of the Foundation; ``(6) to use Federal funds to make payments under cooperative agreements entered into with willing private landowners to provide substantial long-term benefits for the restoration or enhancement of fish, wildlife, and plant resources on private land;''. (c) Agency Approval of Acquisitions of Property.--Section 4(e)(1) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e)(1)) is amended by striking subparagraph (B) and inserting the following: ``(B) the Foundation notifies the Federal agency that administers the program under which the funds were provided of the proposed acquisition, and the agency does not object in writing to the proposed acquisition within 45 calendar days after the date of the notification.''. (d) Repeal.--Section 304 of Public Law 102-440 (16 U.S.C. 3703 note) is repealed. (e) Agency Approval of Conveyances and Grants.--Section 4(e)(3)(B) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e)(3)(B)) is amended by striking clause (ii) and inserting the following: ``(ii) the Foundation notifies the Federal agency that administers the Federal program under which the funds were provided of the proposed conveyance or provision of Federal funds, and the agency does not object in writing to the proposed conveyance or provision of Federal funds within 45 calendar days after the date of the notification.''. (f) Reconveyance of Real Property.--Section 4(e) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e)) is amended by striking paragraph (5) and inserting the following: ``(5) Reconveyance of real property.--The Foundation shall convey at not less than fair market value any real property acquired by the Foundation in whole or in part with Federal funds if the Foundation notifies the Federal agency that administers the Federal program under which the funds were provided, and the agency does not disagree within 45 calendar days after the date of the notification, that-- ``(A) the property is no longer valuable for the purpose of conservation or management of fish, wildlife, and plants; and ``(B) the purposes of the Foundation would be better served by use of the proceeds of the conveyance for other authorized activities of the Foundation.''. (g) Termination of Condemnation Limitation.--Section 4 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703) is amended by striking subsection (d). (h) Expenditures for Printing Services or Capital Equipment.-- Section 4 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703) (as amended by subsection (g)) is amended by inserting after subsection (c) the following: ``(d) Expenditures for Printing Services or Capital Equipment.--The Foundation shall not make any expenditure of Federal funds in connection with any 1 transaction for printing services or capital equipment that is greater than $10,000 unless the expenditure is approved by the Federal agency that administers the Federal program under which the funds were provided.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 10 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is amended by striking subsections (a), (b), and (c) and inserting the following: ``(a) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this Act for each of fiscal years 1999 through 2003-- ``(A) $25,000,000 to the Department of the Interior; and ``(B) $5,000,000 to the Department of Commerce. ``(2) Requirement of advance payment.--The amount made available for a fiscal year under paragraph (1) shall be provided to the Foundation in an advance payment of the entire amount on October 1, or as soon as practicable thereafter, of the fiscal year. ``(3) Use of appropriated funds.--Subject to paragraph (4), amounts made available under paragraph (1) shall be provided to the Foundation for use for matching, on a 1-to-1 basis, contributions (whether in currency, services, or property) made to the Foundation by private persons and State and local government agencies. ``(4) Prohibition on use for administrative expenses.--No Federal funds made available under paragraph (1) shall be used by the Foundation for administrative expenses of the Foundation, including for salaries, travel and transportation expenses, and other overhead expenses. ``(b) Additional Authorization.-- ``(1) In general.--In addition to the amounts authorized to be appropriated under subsection (a), the Foundation may accept Federal funds from a Federal agency under any other Federal law for use by the Foundation to further the conservation and management of fish, wildlife, and plant resources in accordance with the requirements of this Act. ``(2) Use of funds accepted from federal agencies.--Federal funds provided to the Foundation under paragraph (1) shall be used by the Foundation for matching, in whole or in part, contributions (whether in currency, services, or property) made to the Foundation by private persons and State and local government agencies. ``(c) Prohibition on Use of Grant Amounts for Litigation and Lobbying Expenses.--Amounts provided as a grant by the Foundation shall not be used for-- ``(1) any expense related to litigation; or ``(2) any activity the purpose of which is to influence legislation pending before Congress.''. SEC. 6. LIMITATION ON AUTHORITY. The National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.) is amended by adding at the end the following: ``SEC. 11. LIMITATION ON AUTHORITY. ``Nothing in this Act authorizes the Foundation to perform any function the authority for which is provided to the National Park Foundation by Public Law 90-209 (16 U.S.C. 19e et seq.).''. Passed the Senate October 6 (legislative day, October 2), 1998. Attest: GARY SISCO, Secretary.

National Fish and Wildlife Foundation Establishment Act Amendments of 1998 - Amends the National Fish and Wildlife Foundation Establishment Act (the Act) to expand the National Fish and Wildlife Foundation's authority to accept and administer private gifts within the Departments of Commerce and the Interior. (Sec. 3) Increases the Foundation's Board of Directors from 15 to 25 members, including the Director of the United States Fish and Wildlife Service and the Under Secretary of Commerce for Oceans and Atmosphere. (Sec. 4) Authorizes the Foundation to have its principal offices in Washington, D.C. (as currently provided), or in the bordering counties of Maryland and Virginia. Sets forth conditions for the Foundation to: (1) acquire and convey property, including agency approval; and (2) invest and deposit Federal funds. Revises provisions relating to agency approval of acquisitions of property and of conveyances and grants. Sets forth limitations relating to the Foundation's: (1) reconveyance of real property; and (2) expenditures for printing services or capital equipment. Repeals an exemption from State or local government condemnation for Foundation lands, water, and interests valuable for fish and wildlife conservation or management. Amends the Wild Bird Conservation Act of 1992 to repeal specified grant and audit provisions with respect to the Foundation. (Sec. 5) Authorizes appropriations through FY 2003 for the Departments of Commerce and the Interior to carry out activities under the Act. Authorizes the Foundation to accept funds from a Federal agency under any other Federal law to further its conservation activities. Sets forth matching fund requirements. Prohibits Foundation grants from being used for litigation expenses or for lobbying the Congress. (Sec. 6) Declares that nothing in the Act authorizes the Foundation to perform any function for which authority is provided to the National Park Foundation by specified Federal law.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Access for Small Businesses Act of 2004''. SEC. 2. THREE-SHARE PROGRAMS. The Social Security Act (42 U.S.C. 301 et seq.) is amended by adding at the end the following: ``TITLE XXII--PROVIDING FOR THE UNINSURED ``SEC. 2201. THREE-SHARE PROGRAMS. ``(a) Pilot Programs.--The Secretary, acting through the Administrator, shall award grants under this section for the startup and operation of 50 eligible three-share pilot programs for a 5-year period. ``(b) Grants for Three-Share Programs.-- ``(1) Establishment.--The Administrator may award grants to eligible entities-- ``(A) to establish three-share programs; ``(B) to provide for contributions to the premiums assessed for coverage under a three-share program as provided for in subsection (c)(2)(B)(iii); and ``(C) to establish risk pools. ``(2) Three-share program plan.--Each entity desiring a grant under this subsection shall develop a plan for the establishment and operation of a three-share program that meets the requirements of paragraphs (2) and (3) of subsection (c). ``(3) Application.--Each entity desiring a grant under this subsection shall submit an application to the Administrator at such time, in such manner and containing such information as the Administrator may require, including-- ``(A) the three-share program plan described in paragraph (2); and ``(B) an assurance that the eligible entity will-- ``(i) determine a benefit package; ``(ii) recruit businesses and employees for the three-share program; ``(iii) build and manage a network of health providers or contract with an existing network or licensed insurance provider; ``(iv) manage all administrative needs; and ``(v) establish relationships among community, business, and provider interests. ``(4) Priority.--In awarding grants under this section the Secretary shall give priority to an applicant-- ``(A) that is an existing three-share program; ``(B) that is an eligible three-share program that has demonstrated community support; or ``(C) that is located in a State with insurance laws and regulations that permit three-share program expansion. ``(c) Grant Eligibility.-- ``(1) In general.--The Secretary, acting through the Administrator, shall promulgate regulations providing for the eligibility of three-share programs for participation in the pilot program under this section. ``(2) Three-share program requirements.-- ``(A) In general.--To be determined to be an eligible three-share program for purposes of participation in the pilot program under this section a three-share program shall-- ``(i) be either a non-profit or local governmental entity; ``(ii) define the region in which such program will provide services; ``(iii) have the capacity to carry out administrative functions of managing health plans, including monthly billings, verification/enrollment of eligible employers and employees, maintenance of membership rosters, development of member materials (such as handbooks and identification cards), customer service, and claims processing; and ``(iv) have demonstrated community involvement. ``(B) Payment.--To be eligible under paragraph (1), a three-share program shall pay the costs of services provided under subparagraph (A)(ii) by charging a monthly premium for each covered individual to be divided as follows: ``(i) Not more than 30 percent of such premium shall be paid by a qualified employee desiring coverage under the three-share program. ``(ii) Not more than 30 percent of such premium shall be paid by the qualified employer of such a qualified employee. ``(iii) At least 40 percent of such premium shall be paid from amounts provided under a grant under this section. ``(iv) Any remaining amount shall be paid by the three-share program from other public, private, or charitable sources. ``(C) Program flexibility.--A three-share program may set an income eligibility guideline for enrollment purposes. ``(3) Coverage.-- ``(A) In general.--To be an eligible three-share program under this section, the three-share program shall provide at least the following benefits: ``(i) Physicians services. ``(ii) In-patient hospital services. ``(iii) Out-patient services. ``(iv) Emergency room visits. ``(v) Emergency ambulance services. ``(vi) Diagnostic lab fees and x-rays. ``(vii) Prescription drug benefits. ``(B) Limitation.--Nothing in subparagraph (A) shall be construed to require that a three-share program provide coverage for services performed outside the region described in paragraph (2)(A)(i). ``(C) Preexisting conditions.--A program described in subparagraph (A) shall not be an eligible three- share program under paragraph (1) if any individual can be excluded from coverage under such program because of a preexisting health condition. ``(d) Grants for Existing Three-Share Programs To Meet Certification Requirements.-- ``(1) In general.--The Administrator may award grants to three-share programs that are operating on the date of enactment of this section. ``(2) Application.--Each eligible entity desiring a grant under this subsection shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may require. ``(e) Application of State Laws.--Nothing in this section shall be construed to preempt State law. ``(f) Distressed Business Formula.-- ``(1) In general.--Not later than 60 days after the date of enactment of this section, the Administrator of the Health Resources and Services Administration shall develop a formula to determine which businesses qualify as distressed businesses for purposes of this section. ``(2) Effect on insurance market.--Granting eligibility to a distressed business using the formula under paragraph (1) shall not interfere with the insurance market. Any business found to have reduced benefits to qualify as a distressed business under the formula under paragraph (1) shall not be eligible to be a three-share program for purposes of this section. ``(g) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the Health Resources and Services Administration. ``(2) Covered individual.--The term `covered individual' means-- ``(A) a qualified employee; or ``(B) a child under the age of 23 or a spouse of such qualified employee who-- ``(i) lacks access to health care coverage through their employment or employer; ``(ii) lacks access to health coverage through a family member; ``(iii) is not eligible for coverage under the medicare program under title XVIII or the medicaid program under title XIX; and ``(iv) does not qualify for benefits under the State Children's Health Insurance Program under title XXI. ``(3) Distressed business.--The term `distressed business' means a business that-- ``(A) in light of economic hardship and rising health care premiums may be forced to discontinue or scale back its health care coverage; and ``(B) qualifies as a distressed business according to the formula under subsection (g). ``(4) Eligible entity.--The term `eligible entity' means an entity that meets the requirements of subsection (a)(2)(A). ``(5) Qualified employee.--The term `qualified employee' means any individual employed by a qualified employer who meets certain criteria including-- ``(A) lacking access to health coverage through a family member or common law partner; ``(B) not being eligible for coverage under the medicare program under title XVIII or the medicaid program under title XIX; and ``(C) agreeing that the share of fees described in subsection (a)(2)(B)(i) shall be paid in the form of payroll deductions from the wages of such individual. ``(6) Qualified employer.--The term `qualified employer' means an employer as defined in section 3(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(d)) who-- ``(A) is a small business concern as defined in section 3(a) of the Small Business Act (15 U.S.C. 632); ``(B) is located in the region described in subsection (a)(2)(A)(i); and ``(C) has not contributed to the health care benefits of its employees for at least 12 months consecutively or currently provides insurance but is classified as a distressed business. ``(h) Evaluation.--Not later than 90 days after the end of the 5- year period during which grants are available under this section, the General Accounting Office shall submit to the Secretary and the appropriate committees of Congress a report concerning-- ``(1) the effectiveness of the programs established under this section; ``(2) the number of individuals covered under such programs; ``(3) any resulting best practices; and ``(4) the level of community involvement. ``(i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2005 through 2010.''.

Health Care Access for Small Businesses Act of 2004 - Amends the Social Security Act to create a new title XXII to address health insurance coverage for small businesses. Requires the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants for the startup and operation of 50 eligible three-share (three-way health insurance premium sharing between employer, employee, and the community) pilot programs for a five-year period. Authorizes the use of grants to establish three-share programs, provide for contributions to premiums assessed for coverage under such programs, and establish risk pools. Requires grant applicants to: (1) be either nonprofits or local governmental entities; (2) define the program's service region; (3) have the capacity to carry out administrative functions associated with managing health plans; and (4) have demonstrated community involvement. Requires programs to pay for the costs of services through monthly premiums, divided according to specified percentages. Sets forth minimal coverage requirements for three-share program eligibility. Requires the Administrator to develop a formula to determine which businesses qualify as distressed businesses for purposes of this Act. Directs the General Accounting Office to submit a report to the Secretary and appropriate congressional committees after the grant period has ended.

SECTION 1. APPROVAL OF THE AGREEMENT BETWEEN THE UNITED STATES AND THE REPUBLIC OF PALAU. (a) Definitions.--In this section: (1) Agreement.--The term ``Agreement'' means the Agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010. (2) Compact of free association.--The term ``Compact of Free Association'' means the Compact of Free Association between the Government of the United States of America and the Government of Palau (48 U.S.C. 1931 note; Public Law 99-658). (b) Results of Compact Review.-- (1) In general.--Title I of Public Law 99-658 (48 U.S.C. 1931 et seq.) is amended by adding at the end the following: ``SEC. 105. RESULTS OF COMPACT REVIEW. ``(a) In General.--The Agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010 (referred to in this section as the `Agreement'), in connection with section 432 of the Compact of Free Association between the Government of the United States of America and the Government of Palau (48 U.S.C. 1931 note; Public Law 99-658) (referred to in this section as the `Compact of Free Association'), are approved-- ``(1) except for the extension of article X of the Agreement Regarding Federal Programs and Services, and Concluded Pursuant to article II of title II and section 232 of the Compact of Free Association; and ``(2) subject to the provisions of this section. ``(b) Withholding of Funds.--If the Republic of Palau withdraws more than $5,000,000 from the trust fund established under section 211(f) of the Compact of Free Association in any of fiscal years 2011, 2012, or 2013, amounts payable under sections 1, 2(a), 3, and 4(a), of the Agreement shall be withheld from the Republic of Palau until the date on which the Republic of Palau reimburses the trust fund for the total amounts withdrawn that exceeded $5,000,000 in any of those fiscal years. ``(c) Funding for Certain Provisions Under Section 105 of Compact of Free Association.--Within 30 days of enactment of this section, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of the Interior such sums as are necessary for the Secretary of the Interior to implement sections 1, 2(a), 3, 4(a), and 5 of the Agreement, which sums shall remain available until expended without any further appropriation. ``(d) Authorizations of Appropriations.--There are authorized to be appropriated-- ``(1) to the Secretary of the Interior to subsidize postal services provided by the United States Postal Service to the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia $1,500,000 for each of fiscal years 2014 through 2024, to remain available until expended; and ``(2) to the head of each Federal entity described in paragraphs (1), (3), and (4) of section 221(a) of the Compact of Free Association (including the successor of each Federal entity) to carry out the responsibilities of the Federal entity under section 221(a) of the Compact of Free Association such sums as are necessary, to remain available until expended.''. (2) Offset.--Section 3 of the Act of June 30, 1954 (68 Stat. 330, 82 Stat. 1213, chapter 423), is repealed. (c) Payment Schedule; Withholding of Funds; Funding.-- (1) Compact section 211(f) fund.--Section 1 of the Agreement shall be construed as though the section reads as follows: ``SECTION 1. COMPACT SECTION 211(F) FUND. ``The Government of the United States of America (the `Government of the United States') shall contribute $30,250,000 to the Fund referred to in section 211(f) of the Compact in accordance with the following schedule-- ``(1) $11,000,000 in fiscal year 2014; ``(2) $3,000,000 in each of fiscal years 2015 through 2017; ``(3) $2,000,000 in each of fiscal years 2018 through 2022; and ``(4) $250,000 in fiscal year 2023.''. (2) Infrastructure maintenance fund.--Subsection (a) of section 2 of the Agreement shall be construed as though the subsection reads as follows: ``(a) The Government of the United States shall provide a grant of $6,912,000 for fiscal year 2014 and a grant of $2,000,000 annually from the beginning of fiscal year 2015 through fiscal year 2024 to create a trust fund (the `Infrastructure Maintenance Fund') to be used for the routine and periodic maintenance of major capital improvement projects financed by funds provided by the United States. The Government of the Republic of Palau will match the contributions made by the United States by making contributions of $150,000 to the Infrastructure Maintenance Fund on a quarterly basis from the beginning of fiscal year 2014 through fiscal year 2024. Implementation of this subsection shall be carried out in accordance with the provisions of Appendix A to this Agreement.''. (3) Fiscal consolidation fund.--Section 3 of the Agreement shall be construed as though the section reads as follows: ``SEC. 3. FISCAL CONSOLIDATION FUND. ``The Government of the United States shall provide the Government of Palau $10,000,000 in fiscal year 2014 for deposit in an interest bearing account to be used to reduce government arrears of Palau. Implementation of this section shall be carried out in accordance with the provisions of Appendix B to this Agreement.''. (4) Direct economic assistance.--Subsection (a) of section 4 of the Agreement shall be construed as though the subsection reads as follows: ``(a) In addition to the economic assistance of $13,147,000 provided to the Government of Palau by the Government of the United States in each of fiscal years 2010, 2011, 2012, and 2013, and unless otherwise specified in this Agreement or in an Appendix to this Agreement, the Government of the United States shall provide the Government of Palau $69,250,000 in economic assistance as follows-- ``(1) $12,000,000 in fiscal year 2014; ``(2) $11,500,000 in fiscal year 2015; ``(3) $10,000,000 in fiscal year 2016; ``(4) $8,500,000 in fiscal year 2017; ``(5) $7,250,000 in fiscal year 2018; ``(6) $6,000,000 in fiscal year 2019; ``(7) $5,000,000 in fiscal year 2020; ``(8) $4,000,000 in fiscal year 2021; ``(9) $3,000,000 in fiscal year 2022; and ``(10) $2,000,000 in fiscal year 2023. The funds provided in any fiscal year under this subsection for economic assistance shall be provided in 4 quarterly payments (30 percent in the first quarter, 30 percent in the second quarter, 20 percent in the third quarter, and 20 percent in the fourth quarter) unless otherwise specified in this Agreement or in an Appendix to this Agreement.''. (5) Infrastructure projects.--Section 5 of the Agreement shall be construed as though the section reads as follows: ``SEC. 5. INFRASTRUCTURE PROJECTS. ``The Government of the United States shall provide grants totaling $40,000,000 to the Government of Palau as follows: $30,000,000 in fiscal year 2014; and $5,000,000 annually in each of fiscal years 2015 and 2016; towards 1 or more mutually agreed infrastructure projects in accordance with the provisions of Appendix C to this Agreement.''. (d) Continuing Programs and Laws.--Section 105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 192ld(f)(1)(B)(ix)) is amended by striking ``2009'' and inserting ``2024''. (e) Passport Requirement.--Section 141 of Article IV of Title One of the Compact of Free Association shall be construed and applied as if it read as follows: ``SEC. 141. PASSPORT REQUIREMENT. ``(a) Any person in the following categories may be admitted to, lawfully engage in occupations, and establish residence as a nonimmigrant in the United States and its territories and possessions without regard to paragraphs (5) or (7)(B)(i)(II) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5) or (a)(7)(B)(i)(II)), provided that the passport presented to satisfy section 212(a)(7)(B)(i)(I) of such Act is a valid unexpired machine- readable passport that satisfies the internationally accepted standard for machine readability-- ``(1) a person who, on September 30, 1994, was a citizen of the Trust Territory of the Pacific Islands, as defined in title 53 of the Trust Territory Code in force on January 1, 1979, and has become and remains a citizen of Palau; ``(2) a person who acquires the citizenship of Palau, at birth, on or after the effective date of the Constitution of Palau; or ``(3) a naturalized citizen of Palau, who has been an actual resident of Palau for not less than five years after attaining such naturalization and who holds a certificate of actual residence. ``(b) Such persons shall be considered to have the permission of the Secretary of Homeland Security of the United States to accept employment in the United States. ``(c) The right of such persons to establish habitual residence in a territory or possession of the United States may, however, be subjected to non-discriminatory limitations provided for-- ``(1) in statutes or regulations of the United States; or ``(2) in those statutes or regulations of the territory or possession concerned which are authorized by the laws of the United States. ``(d) Section 141(a) does not confer on a citizen of Palau the right to establish the residence necessary for naturalization under the Immigration and Nationality Act, or to petition for benefits for alien relatives under that Act. Section 141(a), however, shall not prevent a citizen of Palau from otherwise acquiring such rights or lawful permanent resident alien status in the United States.''.

Approves, with specified exceptions, the agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010, in connection with the Compact of Free Association between the United States and Palau. Provides that, if Palau withdraws more than $5 million from the trust fund set up by the Compact in any of FY2011-FY2014, certain amounts will be withheld from Palau until it reimburses the fund for the total amounts withdrawn that exceeded $5 million in any of those fiscal years. Authorizes appropriations to: (1) subsidize postal services to Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia for FY2014-FY2024, and (2) carry out specified federal responsibilities under the Compact. Repeals specified offset requirements. Provides funding through FY2023 for: (1) the trust fund, and (2) economic assistance. Provides funding through FY2024 to create an Infrastructure Maintenance Fund for routine and periodic maintenance of major capital improvement projects. (Requires Palau to provide specified quarterly amounts for the Fund.) Provides funding through FY2016 for infrastructure projects. Revises passport requirements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Laboratory Personnel Shortage Act of 2005''. SEC. 2. RESPONSE TO SHORTAGE OF MEDICAL LABORATORY PERSONNEL; PROGRAMS OF HEALTH RESOURCES AND SERVICES ADMINISTRATION. (a) Scholarship and Loan Repayment Programs.--Section 737 of the Public Health Service Act (42 U.S.C. 293a)) is amended by adding at the end the following subsection: ``(e) Scholarship and Loan Repayment Program for Medical Technologists, Medical Laboratory Technicians, and Other Medical Laboratory Personnel.-- ``(1) In general.--The Secretary shall establish a program of scholarships and loan repayment for the purpose of alleviating the shortage of medical laboratory personnel. The scholarship and loan repayment program shall include a period of obligated service for recipients in a designated health professional shortage area, or other area where there is a shortage of medical laboratory personnel. The Secretary may model the program after the scholarship and loan repayment programs under sections 338A and 338B. ``(2) Eligible entities.--Schools of allied health, and health care institution-based programs training medical laboratory personnel, are eligible to receive awards under paragraph (1). ``(3) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated $11,193,000 in fiscal year 2006, and such sums as may be necessary for each of the fiscal years 2007 through 2010. Such authorization is in addition to other authorizations of appropriations that are available for such purpose.''. (b) Other Programs Under Title VII.-- (1) Allied health and other disciplines.-- (A) Preference in making awards; public service announcements.--Section 755 of the Public Health Service Act (42 U.S.C. 294e)) is amended by adding at the end the following subsections: ``(c) Preference in Making Awards.--In making awards of grants and contracts under subsection (a), the Secretary shall give preference to making awards to assist entities in meeting the costs associated with expanding or establishing programs that will increase the number of individuals trained as medical laboratory personnel. ``(d) Public Service Announcements.--The Secretary shall develop and issue public service announcements that advertise and promote medical laboratory personnel careers, highlight the advantages and rewards of medical laboratory personnel careers, and encourage individuals to enter medical laboratory personnel careers.''. (B) Authorization of appropriations.--Section 757 of the Public Health Service Act (42 U.S.C. 294g(a)) is amended by adding at the end the following subsection: ``(d) Allied Health and Other Disciplines.--For the purpose of carrying out section 755, there are authorized to be appropriated $100,000,000 for fiscal year 2006, and such sums as may be necessary for each of the fiscal years 2007 through 2010. Such authorization is in addition to the authorizations of appropriations under subsection (a) that are available for such purpose.''. (2) Other title vii programs.--Section 740 of the Public Health Service Act (42 U.S.C. 293d) is amended-- (A) by redesignating subsection (d) as subsection (e); and (B) by inserting after subsection (c) the following subsection: ``(d) Medical Laboratory Personnel.--For the purpose of increasing the number of individuals trained as medical laboratory personnel through making awards of grants or contracts under sections 737 through 739 for appropriate schools of allied health, there are authorized to be appropriated, in addition to authorizations of appropriations under subsections (a) through (c) that are available for such purpose, the following: ``(1) For awards under section 738 to serve as members of the faculty of such schools, $332,500 for fiscal year 2006, and such sums as may be necessary for each of the fiscal years 2007 through 2010. ``(2) For awards under section 739 to such schools, $8,200,000 for fiscal year 2006, and such sums as may be necessary for each of the fiscal years 2007 through 2010.''. (3) Definition of medical laboratory personnel.--Section 799B of the Public Health Service Act (42 U.S.C. 295p) is amended by adding at the end the following: ``(12) The term `medical laboratory personnel' means allied health professionals (as defined in paragraph (5)) who are medical technologists, cytotechnologists, histotechnologists, phlebotomists, or medical laboratory technicians, or who are in other fields that, within the meaning of section 353(a) (relating to the certification of clinical laboratories), examine materials derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, human beings.''. SEC. 3. RESPONSE TO SHORTAGE OF MEDICAL LABORATORY PERSONNEL; PROGRAMS OF CENTERS FOR DISEASE CONTROL AND PREVENTION. Title XV of the Public Health Service Act (42 U.S.C. 300k et seq.) is amended by inserting after section 1509 the following section: ``SEC. 1509A. SHORTAGE OF TECHNOLOGISTS FOR LABORATORY ANALYSIS REGARDING SCREENING FOR CERVICAL CANCER. ``(a) In General.--The Secretary, acting through the Administrator of the Health Resources and Services Administration and in collaboration with the Director of the Centers for Disease Control and Prevention, shall make grants to appropriate public and nonprofit private entities to provide training to increase the number of cytotechnologists who are available with respect to screening women for cervical cancer. ``(b) Funding.-- ``(1) In general.--Subject to paragraph (2), for the purpose of carrying out this section, there are authorized to be appropriated $10,000,000 for fiscal year 2006, and such sums as may be necessary for each of the fiscal years 2007 through 2010. ``(2) Limitation.--The authorization of appropriations established in paragraph (1) is not effective for a fiscal year unless the amount appropriated under section 1510(a) for the fiscal year is equal to or greater than $173,928,000.''. SEC. 4. RESPONSE TO SHORTAGE OF MEDICAL LABORATORY PERSONNEL; PROGRAMS OF NATIONAL HEART, LUNG, AND BLOOD INSTITUTE. Section 422(c)(3)(C) of the Public Health Service Act (42 U.S.C. 285b-4(c)(3)(C)) is amended by inserting after ``allied health professionals'' the following: ``, with emphasis given in the training of such professionals to the training of medical laboratory personnel (as defined in section 799B) in medical laboratory disciplines with respect to which there are needs for increased numbers of personnel''.

Medical Laboratory Personnel Shortage Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish a scholarship and loan repayment program to alleviate the shortage of medical laboratory personnel. Requires the Secretary: (1) when awarding grants and contracts under programs designed to increase the number of allied health professionals, to give preference to assisting entities in expanding or establishing programs to increase the number of individuals trained as medical laboratory personne; and (2) to issue public service announcements that promote medical laboratory personnel careers. Directs the Secretary, acting through the Administrator of the Health Resources and Service Administration (HRSA) and in collaboration with the Director of the Centers for Disease Control and Prevention (CDC), to make grants for training to increase the number of cytotechnologists available for cervical cancer screening. Provides for giving emphasis in the training of allied heath professionals, for which Federal payments may be provided under a cooperative agreement or grant from the Director of the National Heart, Lung, and Blood Institute, to the training of medical laboratory personnel in disciplines in which more personnel are needed.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bombing Prevention Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the number of criminal bombing incidents in the United States has doubled since 1988; (2) each year, hundreds of millions of pounds of explosives are purchased without a permit being required; (3) about one-third of the bombs used in crime in recent years have contained black powder or smokeless powder as filler; (4) the terrorist bombing of the World Trade Center and Pan Am Flight 103 and a series of bombings in western New York State demonstrate the grave dangers of bomb attacks; (5) effective regulation of interstate commerce in explosives is possible only with changes in the regulatory framework; (6) explosive materials, by their nature, are composed of numerous different substances, many of which have travelled in interstate or foreign commerce; and (7) the protection of the safety and property of the citizenry, including the infrastructure vital to the conduct of interstate and foreign commerce, requires more careful regulation of explosives transactions. TITLE I--GENERAL REFORMS SEC. 101. PERMITS FOR PURCHASE OF EXPLOSIVES. (a) In General.--Section 842 of title 18, United States Code, is amended-- (1) by amending subparagraphs (A) and (B) of subsection (a)(3) to read as follows: ``(A) to transport, ship, cause to be transported, or receive any explosive materials; or ``(B) to distribute explosive materials to any person other than a licensee or permittee.''; and (2) in subsection (b)-- (A) by adding ``or'' at the end of paragraph (1); (B) by striking ``; or'' at the end of paragraph (2) and inserting a period; and (C) by striking paragraph (3). (b) Effective Date.--The amendments made by subsection (a) shall apply to conduct engaged in after the 18-month period that begins with the date of the enactment of this Act. (c) Regulations.-- (1) In general.--Not later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury shall issue final regulations with respect to the amendments made by subsection (a), which shall take effect 18 months after such date of enactment. (2) Notice to states.--On the issuance of regulations pursuant to paragraph (1), the Secretary of the Treasury shall notify the States of the regulations so that the States may consider revising their explosives laws. SEC. 102. LICENSES AND USER PERMITS. Section 843(a) of title 18, United States Code, is amended-- (1) by inserting ``, including fingerprints and a photograph of the applicant'' before the period at the end of the 1st sentence; and (2) by striking the 2nd sentence and inserting the following: ``Each applicant for a license shall pay for each license a fee established by the Secretary that shall not exceed $300. Each applicant for a permit shall pay for each permit a fee established by the Secretary that shall not exceed $100.''. SEC. 103. USE OF NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM TO INVESTIGATE APPLICANTS FOR LICENSES AND PERMITS. The Secretary of the Treasury may use the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act to investigate each applicant for a license or permit under chapter 40 of title 18, United States Code. SEC. 104. REQUIREMENTS FOR PURCHASES OF BLACK POWDER AND SMOKELESS POWDER. (a) In General.--Section 845 of title 18, United States Code, is amended-- (1) in subsection (a)(4), by striking ``and components thereof''; (2) in subsection (a)(5), by striking ``commercially manufactured black powder in quantities not to exceed fifty pounds,''; and (3) by adding at the end the following: ``(c) Except in the case of section 842(f), and subsections (d), (e), (f), (g), (h), and (i) of section 844, this chapter shall not apply to commercially manufactured black powder or smokeless powder in quantities not to exceed 5 pounds.''. (b) Conforming Amendment.--Section 926 of such title is amended by striking subsection (c). SEC. 105. ENHANCED PENALTIES. Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall promulgate amendments to the sentencing guidelines to appropriately enhance the penalties for a violation of any provision of chapter 40 of title 18, United States Code, the penalties for which are not as severe as the penalties for a comparable violation of chapter 44 of such title 18, so that the penalties for the violation of the provision of such chapter 40 are the same as the penalties for a comparable violation of such chapter 44. SEC. 106. DESTRUCTION OF SEIZED EXPLOSIVES THAT ARE UNSAFE. Section 844(c) of title 18, United States Code, is amended-- (1) by inserting ``(1)'' after ``(c)''; and (2) by adding after and below the end the following: ``(2) Notwithstanding paragraph (1), in the case of the seizure of any explosive materials for any offense for which the materials would be subject to forfeiture in which it would be impracticable or unsafe to remove the materials to a place of storage or would be unsafe to store them, the seizing officer may destroy the explosive materials forthwith. Any destruction under this paragraph shall be in the presence of at least 1 credible witness. The seizing officer shall make a report of the seizure and take such samples as the Secretary may by regulation prescribe. ``(3) Within 60 days after any destruction of property pursuant to paragraph (2), the owner of (including any person having an interest in) the property may apply to the Secretary for reimbursement of an amount equal to the fair market value of the property. If the claimant establishes to the satisfaction of the Secretary that the seizure was wrongful, the Secretary shall make an allowance to the claimant not exceeding the fair market value of the property destroyed.''. SEC. 107. FORFEITURE OF INSTRUMENTALITIES OF EXPLOSIVES OFFENSES. (a) Civil Forfeiture.--Section 981(a)(1) of title 18, United States Code, is amended by adding at the end the following: ``(G) Any property, real or personal, involved in a violation of chapter 40 (relating to importation, manufacture, distribution, and storage of explosive materials), or in a conspiracy to commit such a violation, and any other property traceable to such property.''. (b) Criminal Forfeiture.--Section 982(a) of such title is amended by inserting the following: ``(6) The court, in imposing a sentence on a person convicted of a violation of chapter 40 or of conspiring to commit such a violation, shall order the person to forfeit to the United States any property, real or personal, involved in the violation or in the conspiracy, and any other property traceable to such property.''. TITLE II--PLASTIC EXPLOSIVES SEC. 201. DEFINITIONS. Section 841 of title 18, United States Code, is amended by adding at the end the following: ``(o) `Convention on the Marking of Plastic Explosives' means the Convention on the Marking of Plastic Explosives for the purpose of Detection, done at Montreal on March 1, 1991. ``(p) `Detection agent' means any substance specified or referred to in this subsection if introduced into a plastic explosive or formulated in such explosive as a part of the manufacturing process in such a manner as to achieve homogeneous distribution in the finished explosive, including-- ``(1) Ethylene glycol dinitrate (EGDN),C<INF>2H<INF>4(NO<INF>3)<INF>2, molecular weight 152, when the minimum concentration in the finished explosive is 0.2 percent by mass; ``(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB), C<INF>6H<INF>12(NO<INF>2)<INF>2, molecular weight 176, when the minimum concentration in the finished explosive is 0.1 percent by mass; ``(3) Para-Mononitrotoluene (p-MNT), C<INF>7H<INF>7NO<INF>2, molecular weight 137, when the minimum concentration in the finished explosive is 0.5 percent by mass; ``(4) Ortho-Mononitrotoluene (o-MNT), C<INF>7H<INF>7NO<INF>2, molecular weight 137, when the minimum concentration in the finished explosive is 0.5 percent by mass; and ``(5) any other substance in the concentration specified by the Secretary, after consultation with the Secretary of State and the Secretary of Defense, which has been added to the table in part 2 of the Technical Annex to the Convention on the Marking of Plastic Explosives. ``(q) `Plastic explosive' means an explosive material in flexible or elastic sheet form formulated with 1 or more high explosives which in their pure form have a vapor pressure less than 10<SUP>-4 Pascals at a temperature of 25 deg. Celsius, is formulated with a binder material, and is as a mixture malleable or flexible at normal room temperature.''. SEC. 202. REQUIREMENT OF DETECTION AGENTS FOR PLASTIC EXPLOSIVES. Section 842 of title 18, United States Code, is amended by adding at the end the following: ``(l) It shall be unlawful for any person to manufacture any plastic explosive which does not contain a detection agent. ``(m)(1) It shall be unlawful for any person to import or bring into the United States, or export from the United States, any plastic explosive which does not contain a detection agent. ``(2) Paragraph (1) shall not apply to the importation or bringing into the United States, or the exportation from the United States, of any plastic explosive which was imported, brought into, or manufactured in the United States before the effective date of this subsection by or on behalf of any agency of the United States performing military or police functions (including any military reserve component) or acting on behalf of the National Guard of any State, not later than 15 years after the date of entry into force of the Convention on the Marking of Plastic Explosives, with respect to the United States. ``(n)(1) It shall be unlawful for any person to ship, transport, transfer, receive, or possess any plastic explosive which does not contain a detection agent. ``(2) Paragraph (1) shall not apply to-- ``(A) the shipment, transportation, transfer, receipt, or possession of any plastic explosive which was imported, brought into, or manufactured in the United States before the effective date of this subsection by any person during a period not exceeding 3 years after such effective date; or ``(B) the shipment, transportation, transfer, receipt, or possession of any plastic explosive, which was imported, brought into, or manufactured in the United States before the effective date of this subsection by or on behalf of any agency of the United States performing a military or police function (including any military reserve component) or by or on behalf of the National Guard of any State, not later than 15 years after the date of entry into force of the Convention on the Marking of Plastic Explosives, with respect to the United States. ``(o) It shall be unlawful for any person, other than an agency of the United States (including any military reserve component) or the National Guard of any State, possessing any plastic explosive on the effective date of this subsection to fail to report to the Secretary within 120 days after the effective date of this subsection the quantity of such explosives possessed, the manufacturer or importer, any marks of identification on such explosives, and such other information as the Secretary may by regulations prescribe.''. SEC. 203. CRIMINAL SANCTIONS. Section 844(a) of title 18, United States Code, is amended to read as follows: ``(a) Any person who violates subsections (a) through (i) or (l) through (n) of section 842 shall be fined under this title, imprisoned not more than 10 years, or both.''. SEC. 204. EXCEPTIONS. Section 845 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) by inserting ``(l), (m), (n), and (o) of section 842 and subsections'' after ``subsections''; and (B) in paragraph (1), by inserting ``and which pertains to safety'' before the semicolon; and (2) by adding at the end the following: ``(c)(1) It is an affirmative defense against any proceeding involving subsection (l), (m), (n), or (o) of section 842 if the defendant proves by a preponderance of the evidence that the plastic explosive-- ``(A) consisted of a small amount of plastic explosive intended for and utilized solely in lawful-- ``(i) research, development, or testing of new or modified explosive materials; ``(ii) training in explosives detection or development or testing of explosives detection equipment; or ``(iii) forensic science purposes; or ``(B) was plastic explosive which, within 3 years after the date of entry into force of the Convention on the Marking of Plastic Explosives, with respect to the United States, will be or is incorporated in a military device within the territory of the United States and remains an integral part of such military device, or is intended to be, or is incorporated in, and remains an integral part of a military device that is intended to become, or has become, the property of any agency of the United States performing military or police functions (including any military reserve component) or the National Guard of any State, wherever such device is located. ``(2) For purposes of paragraph (1), the term `military device' includes shells, bombs, projectiles, mines, missiles, rockets, shaped charges, grenades, perforators, and similar devices lawfully manufactured exclusively for military or police purposes.''. SEC. 205. INVESTIGATIVE AUTHORITY. Section 846 of title 18, United States Code, is amended-- (1) by inserting ``(a)'' before ``The''; (2) in the last sentence, by inserting ``subsection (m) or (n) of section 842 or'' before ``subsection''; and (3) by adding after and below the end the following: ``(b) The Attorney General shall exercise authority over violations of subsections (m) or (n) of section 842 only when they are committed by a member of a terrorist or revolutionary group. In any matter involving a terrorist or revolutionary group or individual, as determined by the Attorney General, the Attorney General shall have primary investigative responsibility and the Secretary shall assist the Attorney General as requested.''. SEC. 206. EFFECTIVE DATE. The amendments made by this title shall take effect 1 year after the date of the enactment of this Act.

Bombing Prevention Act - Title I: General Reforms - Amends the Federal criminal code to prohibit the transport, shipment, or receipt of explosive materials without a permit or the distribution of explosive materials to anyone other than a licensee or permittee. Directs the Secretary of the Treasury to notify the States of the regulations so that they may consider revising their explosives laws. (Sec. 102) Requires applicants for licenses and user permits to import, manufacture, or deal in explosive materials to provide fingerprints and a photograph. Sets fees of up to $200 for an applicant for a license and up to $100 for an applicant for a permit. (Currently, the fee is up to $200 for each license or permit.) (Sec. 103) Authorizes the Secretary to use the national instant criminal background check system established under the Brady Handgun Violence Prevention Act to investigate applicants for licenses or permits. (Sec. 104) Repeals exceptions from specified explosive materials requirements with respect to components of small arms ammunition and small quantities of black powder or smokeless powder. (Sec. 105) Directs the U.S. Sentencing Commission to promulgate amendments to the sentencing guidelines to appropriately enhance the penalties for violations of Federal explosive materials provisions so that such penalties are the same as those for comparable violations of Federal firearms laws. (Sec. 106) Permits: (1) the destruction of seized explosives that are unsafe under specified circumstances; and (2) the owner to apply to the Secretary for reimbursement of any destroyed property where the claimant establishes that the seizure was wrongful. (Sec. 107) Subjects to civil forfeiture (with exceptions) any property involved in a violation of explosive materials provisions, or in a conspiracy to commit such a violation, and any other property traceable to such property. Directs the court to order a person convicted of a violation of Federal explosive materials provisions or of conspiring to commit such a violation to forfeit any property involved and any traceable property. Title II: Plastic Explosives - Prohibits the manufacture, import, export, shipment, transport, transfer, receipt, or possession of any plastic explosive which does not contain a detection agent (with exceptions). Authorizes the Secretary to investigate violations. Directs the Attorney General to exercise authority over such violations only when they are committed by a member of a terrorist or revolutionary group (in which case the Attorney General shall have primary investigative responsibility and the Secretary shall assist as requested). Prohibits any person possessing any plastic explosive, other than an agency of the United States or the National Guard of any State, from failing to report to the Secretary the quantity of such explosive possessed, the manufacturer or importer, and any identifying marks on such explosives. (Sec. 203) Provides for a fine and up to ten years' imprisonment for violations of Federal explosive materials laws. (Sec. 204) Sets forth affirmative defenses for Federal explosive materials laws.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Facilities Clean Water Compliance Act of 1997''. SEC. 2. APPLICATION OF CERTAIN PROVISIONS TO FEDERAL FACILITIES. Section 313 of the Federal Water Pollution Control Act (33 U.S.C. 1323) is amended-- (1) by redesignating subsection (b) as subsection (d); and (2) by striking the section heading and all that follows through subsection (a) and inserting the following: ``SEC. 313. FEDERAL FACILITIES POLLUTION CONTROL. ``(a) In General.--Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the Federal Government (1) having jurisdiction over any property or facility, or (2) engaged in any activity resulting, or which may result, in the discharge or runoff of pollutants shall be subject to, and comply with, all Federal, State, interstate, and local requirements, both substantive and procedural (including any requirement for permits or reporting or any provisions for injunctive relief and such sanctions as may be imposed by a court to enforce such relief), respecting the control and abatement of water pollution and management in the same manner, and to the same extent, as any person is subject to such requirements, including the payment of reasonable service charges. The Federal, State, interstate, and local substantive and procedural requirements, administrative authority, and process and sanctions referred to in this subsection include, but are not limited to, all administrative orders and all civil and administrative penalties and fines, regardless of whether such penalties or fines are punitive or coercive in nature or are imposed for isolated, intermittent, or continuing violations. The United States hereby expressly waives any immunity otherwise applicable to the United States with respect to any such substantive or procedural requirement (including, but not limited to, any injunctive relief, administrative order, or civil or administrative penalty or fine referred to in the preceding sentence, or reasonable service charge). The reasonable service charges referred to in this subsection include, but are not limited to, fees or charges assessed in connection with the processing and issuance of permits, renewal of permits, amendments to permits, review of plans, studies, and other documents, and inspection and monitoring of facilities, as well as any other nondiscriminatory charges that are assessed in connection with a Federal, State, interstate, or local water pollution regulatory program. Neither the United States, nor any agent, employee, or officer thereof, shall be immune or exempt from any process or sanction of any State or Federal court with respect to the enforcement of any such injunctive relief. No agent, employee, or officer of the United States shall be personally liable for any civil penalty under any Federal, State, interstate, or local water pollution law with respect to any act or omission within the scope of the official duties of the agent, employee, or officer. An agent, employee, or officer of the United States shall be subject to any criminal sanction (including, but not limited to, any fine or imprisonment) under any Federal or State water pollution law, but no department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal Government shall be subject to any such sanction. ``(b) Administrative Enforcement Actions.-- ``(1) In general.--The Administrator, the Secretary of the Army, and the Secretary of the Department in which the Coast Guard is operating may commence an administrative enforcement action against any department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal Government pursuant to the enforcement authorities contained in this Act. The Administrator or Secretary, as applicable, shall initiate an administrative enforcement action against such a department, agency, or instrumentality in the same manner and under the same circumstances as an action would be initiated against another person. Any voluntary resolution or settlement of such an action shall be set forth in a consent order. ``(2) Opportunity to confer.--No administrative order issued to such a department, agency, or instrumentality shall become final until such department, agency, or instrumentality has had the opportunity to confer with the Administrator or Secretary, as applicable. ``(c) Limitation on State Use of Funds Collected From Federal Government.--Unless a State law in effect on the date of the enactment of this subsection or a State constitution requires the funds to be used in a different manner, all funds collected by a State from the Federal Government from penalties and fines imposed for violation of any substantive or procedural requirement referred to in subsection (a) shall be used by the State only for projects designed to improve or protect the environment or to defray the costs of environmental protection or enforcement.''. SEC. 3. DEFINITION OF PERSON. (a) General Definitions.--Section 502(5) of the Federal Water Pollution Control Act (33 U.S.C. 1362(5)) is amended by inserting before the period at the end the following: ``and includes any department, agency, or instrumentality of the United States''. (b) Oil and Hazardous Substance Liability Program.--Section 311(a)(7) of such Act (33 U.S.C. 1321(a)(7)) is amended by inserting before the semicolon at the end the following: ``and any department, agency, or instrumentality of the United States''.

Federal Facilities Clean Water Compliance Act of 1997 - Amends the Federal Water Pollution Control Act to require each Federal department, agency, and instrumentality to be subject to and comply with all Federal, State, and local requirements with respect to the control and abatement of water pollution and management in the same manner and extent as any person is subject to such requirements, including the payment of reasonable service charges. Waives immunity of the United States with respect to any such requirements. Absolves Federal employees of personal liability for civil penalties under water pollution control laws for acts or omissions within the scope of official duties. Makes Federal employees subject to criminal sanctions under Federal or State water pollution laws, but prohibits applying criminal sanctions to Federal agencies. Authorizes the Administrator of the Environmental Protection Agency, the Secretary of the Army, and the Secretary of the department in which the Coast Guard is operating to pursue enforcement actions under this Act. Allows States to use funds collected from the Federal Government under this Act only for projects designed to improve or protect the environment or to defray the costs of environmental protection or enforcement. Includes Federal agencies within the definition of "person" for purposes of such Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Shelter, Land, and Urban Management (SLUM) Assistance Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Approximately 51 percent of the world's population currently lives in cities of all sizes and produces the majority of the world's economic output. (2) Approximately one billion people currently live in slums, and more than half of this population is under the age of 25. (3) It is estimated that by 2030 the number of people living in slums will double. (4) Slums are characterized by inadequate access to safe water, sanitation, and other essential infrastructure, overcrowding, poorly structured housing, and insecure residential and property ownership status. (5) Eighty-eight percent of all disease is caused by unsafe drinking water, inadequate sanitation, and poor hygiene and almost 50 percent of all people in developing countries suffer health problems caused by water and sanitation deficits. (6) Over 1.1 billion people lack adequate access to safe water and nearly 2.5 billion lack access to sanitation services. (7) The costs of diseases and productivity losses linked to water and sanitation in less developed countries amount to two percent of gross domestic product and up to five percent in sub-Saharan Africa. (8) Insecure lease and real property ownership tenure often subject slum dwellers to arbitrary, often supra-market rents, forced evictions, threats, and harassment. (9) In 2007, approximately five million people were subject to forced evictions, and projections show that the number of forced evictions are likely to increase to between 40 million and 70 million in the next 20 years. (10) Insecurity of tenure severely inhibits economic development by undermining investment incentives and constraining the growth of credit markets, imperils the ability of families to achieve sustainable livelihoods and assured access to shelter, and often contributes to conflict over property rights. (11) Women make up 66 percent of the world's work force, but own less than 15 percent of the property globally. (12) Women are affected disproportionally by forced evictions and insecure tenure as a result of gender discrimination, often including gender-biased laws that define women as legal minors or otherwise prevent them from acquiring and securing land, property, and housing lease or ownership rights, making them more vulnerable to poverty, violence, and sexual abuse. (13) Adequate housing and universal access to basic shelter serve as catalysts for social and democratic development. (14) The 2006 National Security Strategy states, ``America's national interests and moral values drive us in the same direction: to assist the world's poor citizens and least developed nations and help integrate them into the global economy.''. (15) Goal 7 Target 11 of the Millennium Development Goals sets the target that ``By 2020, to have achieved a significant improvement in the lives of at least 100 million slum- dwellers.''. (16) The United States formerly provided significant levels of overseas development assistance for shelter and affordable housing, but in recent years this amount has declined. SEC. 3. STATEMENT OF POLICY. It should be the policy of the United States-- (1) to establish and implement, as a major objective of United States overseas development assistance strategy, particularly in developing countries, programs that foster improved urban management, that foster sustainable urban development, that increase the security of real property tenure, and that expand access to basic shelter, affordable urban housing, and essential urban services and infrastructure, particularly by the poor and others who lack such access in whole or in part; (2) to allocate increased levels of United States bilateral assistance for programs described in paragraph (1); and (3) in order to prevent waste and duplication in the use of United States overseas development assistance with respect to the programs described in paragraph (1) and in order to foster cooperative relations with foreign governments, intergovernmental organizations, and private business and nonprofit entities that singly or jointly support or implement programs similar to those described in paragraph (1), to seek and actively support innovative international mechanisms designed to increase coordination and mutual complementarity in the planning, financing, and implementation of sustainable urban development policies and programs implemented by the United States and other donors described in this paragraph. SEC. 4. ASSISTANCE TO PROVIDE AFFORDABLE HOUSING AND SUSTAINABLE URBAN DEVELOPMENT IN DEVELOPING COUNTRIES. (a) Purposes of Assistance.--The purposes of assistance under this section are to-- (1) support economically and environmentally sustainable and administratively feasible urban socioeconomic growth, development, and poverty reduction efforts and to produce improved health and other basic quality of life indicators for residents of slums, other densely populated, impoverished urban areas, and urban areas experiencing rapid population growth in developing countries, including by increasing-- (A) access to basic shelter and affordable housing, particularly by residents of slums and similar densely populated, impoverished urban areas; (B) affordable and equitable access to safe water, sanitation, and solid waste removal services, and shared communal infrastructure, such as sidewalks, roads, public lighting; (C) access to and security of land and other real property use, lease, and ownership rights and legal recognition and protections thereof by all income groups, including by supporting efforts to enhance the effectiveness of transaction and dispute resolution systems, equitable and sustainable national land policies, and enhanced land administration services; and (D) support for efforts to enhance the capacity of developing country governments, including regional and municipal governments, to plan and manage urban growth in an operationally and financially effective and transparent, participatory, and accountable manner, to pursue policy reforms that foster such objectives, and to provide urban services and infrastructure, such as basic water and sanitation, transport, solid waste removal, and electrical power service delivery, including in impoverished urban zones; and (2) achieve the objectives described in paragraph (1) by-- (A) promoting the growth of functional, commercially oriented housing markets in target countries and expanding access to individual and institutional investment capital and financing for housing and municipal infrastructure, including by public-private partnerships, municipal bonds, micro- credit financing, and strengthening national and regional public or private institutions involved in the regulation or provision of finance of such purposes; (B) supporting institutional, procedural, and legal reforms that seek to enhance the rights and access to shelter, urban infrastructure and services, and property ownership and lease rights of groups that are socioeconomically vulnerable or marginalized, or subject to discrimination, including women, children, the poor, and people living in urban slums and informal settlements; (C) prioritizing support for cross-sectoral, multi- purpose projects that simultaneously advance one or more of the objectives described in subparagraphs (A) and (B); and (D) promoting partnerships between the public and private sectors and community-based organizations to plan and implement projects described in subparagraph (C). (b) Authorization of Assistance.--To carry out the purposes of subsection (a), the President is authorized-- (1) to furnish technical assistance and financial support to developing countries, to include, as appropriate, diverse means of support, including technical or financial assistance to public-private partnerships, grants, direct loans, seed credit, contracted technical services, investment insurance, loan guarantees, and other forms of assistance; (2) to carry out paragraph (1) during fiscal year 2009 through the use of existing United States Government programs, implementing authorities, and organizations, including-- (A) specialized organizational units of the United States Agency for International Development, including the Urban Programs Team (EGAT/PR/UP), the Development Credit Authority (EGAT/DC/DCA), the Land Resources Management Team (EGAT/NRM/LRM), the Water Team (EGAT/ NRM/W), the Office of Infrastructure and Engineering (EGAT/IE), and the Engineering Services Team (EGAT/I&E/ ES); (B) the Millennium Challenge Corporation (MCC); and (C) other United States Government agencies with relevant technical expertise or policy mandates pertaining to urban development and housing in foreign countries; and (3) to strengthen and enhance the operational capabilities and capacities of United States Government programs, implementing authorities, and organizations described in subparagraphs (A), (B), and (C) of paragraph (2) in furtherance of the purposes and objectives described in subsection (a)(1), including efforts to increase their manpower, diversity of expertise, and levels of funding, and to enhance their ability to jointly coordinate and collaborate in carrying out such purposes and objectives. SEC. 5. AFFORDABLE HOUSING AND SUSTAINABLE URBAN DEVELOPMENT STRATEGY. (a) Strategy.--The President, acting through the Secretary of State and the Administrator of the United States Agency for International Development, shall develop a strategy to provide affordable housing and sustainable urban development in developing countries. (b) Consultation.--The strategy required by subsection (a) shall be developed in part through a process of consultation between the Administrator of the United States Agency for International Development and the heads of units of such Agency and other United States Government agencies with relevant technical expertise or policy mandates pertaining to urban development and housing in foreign countries, and shall draw upon best practices and successful models of urban development undertaken or developed by international intergovernmental organizations, international finance institutions, recipient countries, United States and international nongovernmental organizations, and other appropriate entities. (c) Content.--The strategy required by the subsection (a) shall include or address-- (1) a review and assessment of existing or past United States programs and foreign assistance strategies designed to increase access to basic shelter and affordable housing in developing countries, extending affordable and equitable access to safe water, sanitation, and solid waste removal services, and shared communal infrastructure, such as sidewalks, roads, public lighting, enhancing security of real property use, lease, and ownership rights; (2) a review and assessment of small scale, grassroots, and community-based efforts that have successfully improved access to basic shelter and urban services; (3) a process to define short- and long-term objectives and performance measures by which progress should be measured; (4) measures necessary to improve and expand United States programs and foreign assistance strategies in existence on the date of enactment of this Act that address urban development issues in foreign countries; (5) operational plans to improve the ability of United States foreign assistance agencies to develop and implement programs described in section 4 of this Act, including through support for innovative international mechanisms; (6) a plan for integrating into the broader strategic foreign assistance plans of the Department of State and United Stated Agency for International Development the programs and objectives described in section 4 of this Act; and (7) a plan for providing long-term United States support for sustainable urban growth and development initiatives in developing countries involving a process of regular coordination between United States Government agencies with relevant technical expertise or policy mandates, where appropriate, including the United States Agency for International Development, the Department of Housing and Urban Development, the Department of the Treasury, and the Overseas Private Investment Corporation, and drawing upon the expertise, whenever possible, of United States-based mayors and professionals in community, public and banking sectors, major United States private foundations, and United Nations organizations and multilateral development banks, among others. (d) Report.--Not later than 12 months after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report that describes the strategy required by subsection (a). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for fiscal year 2009 and each subsequent fiscal year such sums as may be necessary to carry out this Act.

Shelter, Land, and Urban Management (SLUM) Assistance Act of 2009 - Directs the President, through the Secretary of State and the United States Agency for International Development (USAID), to develop a strategy to provide affordable housing and sustainable urban development in developing countries. Authorizes the President to provide technical assistance and financial support to developing countries for: (1) basic shelter and affordable housing, particularly for residents of impoverished urban areas; (2) safe water, sanitation, and solid waste removal services; (3) real property use and ownership rights; and (4) governmental urban planning.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2003''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``former ninth circuit'' means the ninth judicial circuit of the United States as in existence on the day before the effective date of this Act; (2) the term ``new ninth circuit'' means the ninth judicial circuit of the United States established by the amendment made by section 3(2)(A); and (3) the term ``twelfth circuit'' means the twelfth judicial circuit of the United States established by the amendment made by section 3(2)(B). SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS. Section 41 of title 28, United States Code, is amended-- (1) in the matter preceding the table, by striking ``thirteen'' and inserting ``fourteen''; and (2) in the table-- (A) by striking the item relating to the ninth circuit and inserting the following: ``Ninth........................ Arizona, California, Nevada.''; and (B) by inserting after the item relating to the eleventh circuit the following: ``Twelfth...................... Alaska, Guam, Hawaii, Idaho, Montana, Northern Mariana Islands, Oregon, Washington.''. SEC. 4. JUDGESHIPS. (a) New Judgeships.-- (1) For former ninth circuit.--The President shall appoint, by and with the advice and consent of the Senate, 2 additional circuit judges for the former ninth circuit court of appeals, whose official duty stations shall be in Arizona, California, or Nevada. (2) For new ninth circuit.--The President shall appoint, by and with the advice and consent of the Senate, 3 additional circuit judges for the new ninth circuit court of appeals. The judges authorized by this paragraph shall not be appointed before January 21, 2005. (b) Temporary Judgeships.-- (1) Appointment of judges.--The President shall appoint, by and with the advice and consent of the Senate, 2 additional circuit judges for the former ninth circuit court of appeals, whose official duty stations shall be in Arizona, California, or Nevada. (2) Effect of vacancies.--The first 2 vacancies occurring on the new ninth circuit court of appeals 10 years or more after judges are first confirmed to fill both temporary circuit judgeships created by this subsection shall not be filled. (c) Effective Date.--This section shall take effect on the date of the enactment of this Act. SEC. 5. NUMBER OF CIRCUIT JUDGES. The table contained in section 44(a) of title 28, United States Code, is amended-- (1) by striking the item relating to the ninth circuit and inserting the following: ``Ninth..................................................... 24''; and (2) by inserting after the item relating to the eleventh circuit the following: ``Twelfth................................................... 9''. SEC. 6. PLACES OF CIRCUIT COURT. The table contained in section 48(a) of title 28, United States Code, is amended-- (1) by striking the item relating to the ninth circuit and inserting the following: ``Ninth........................ San Francisco, Pasadena, Phoenix.''; and (2) by inserting after the item relating to the eleventh circuit the following: ``Twelfth...................... Portland, Seattle.''. SEC. 7. ASSIGNMENT OF CIRCUIT JUDGES. Each circuit judge of the former ninth circuit who is in regular active service and whose official duty station on the day before the effective date of this Act-- (1) is in Arizona, California, or Nevada shall be a circuit judge of the new ninth circuit as of such effective date; and (2) is in Alaska, Guam, Hawaii, Idaho, Montana, Northern Mariana Islands, Oregon, or Washington shall be a circuit judge of the twelfth circuit as of such effective date. SEC. 8. ELECTION OF ASSIGNMENT BY SENIOR JUDGES. Each judge who is a senior circuit judge of the former ninth circuit on the day before the effective date of this Act may elect to be assigned to the new ninth circuit or to the twelfth circuit as of such effective date, and shall notify the Director of the Administrative Office of the United States Courts of such election. SEC. 9. SENIORITY OF JUDGES. The seniority of each judge-- (1) who is assigned under section 7, or (2) who elects to be assigned under section 8, shall run from the date of commission of such judge as a judge of the former ninth circuit. SEC. 10. APPLICATION TO CASES. The following apply to any case in which, on the day before the effective date of this Act, an appeal or other proceeding has been filed with the former ninth circuit: (1) If the matter has been submitted for decision, further proceedings with respect to the matter shall be had in the same manner and with the same effect as if this Act had not been enacted. (2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which the matter would have been submitted had this Act been in full force and effect at the time such appeal was taken or other proceeding commenced, and further proceedings with respect to the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court. (3) A petition for rehearing or a petition for rehearing en banc in a matter decided before the effective date of this Act, or submitted before the effective date of this Act and decided on or after such effective date as provided in paragraph (1), shall be treated in the same manner and with the same effect as though this Act had not been enacted. If a petition for rehearing en banc is granted, the matter shall be reheard by a court comprised as though this Act had not been enacted. SEC. 11. TEMPORARY ASSIGNMENT OF CIRCUIT JUDGES BETWEEN CIRCUITS. Section 291 of title 28, United States Code, is amended by adding at the end the following new subsections: ``(c) The chief judge of the Ninth Circuit may, in the public interest and upon request by the chief judge of the Twelfth Circuit, designate and assign temporarily any circuit judge of the Ninth Circuit to act as circuit judge in the Twelfth Circuit. ``(d) The chief judge of the Twelfth Circuit may, in the public interest and upon request by the chief judge of the Ninth Circuit, designate and assign temporarily any circuit judge of the Twelfth Circuit to act as circuit judge in the Ninth Circuit.''. SEC. 12. TEMPORARY ASSIGNMENT OF DISTRICT JUDGES BETWEEN CIRCUITS. Section 292 of title 28, United States Code, is amended by adding at the end the following new subsections: ``(f) The chief judge of the Ninth Circuit may in the public interest-- ``(1) upon request by the chief judge of the Twelfth Circuit, designate and assign one or more district judges within the Ninth Circuit to sit upon the Court of Appeals of the Twelfth Circuit or a division thereof whenever the business of that court so requires; and ``(2) designate and assign temporarily any district judge of the Ninth Circuit to hold a district court in any district within the Twelfth Circuit. ``(g) The chief judge of the Twelfth Circuit may in the public interest-- ``(1) upon request by the chief judge of the Ninth Circuit, designate and assign one or more district judges within the Twelfth Circuit to sit upon the Court of Appeals of the Ninth Circuit or a division thereof whenever the business of that court so requires; and ``(2) designate and assign temporarily any district judge of the Twelfth Circuit to hold a district court in any district within the Ninth Circuit. ``(h) Any designations or assignments under subsection (f)(1) or (g)(1) shall be in conformity with the rules or orders of the court of appeals of the circuit to which the judge is designated or assigned.''. SEC. 13. ADMINISTRATIVE COORDINATION. Section 332 of title 28, United States Code, is amended by adding at the end the following new subsection: ``(i) Any 2 contiguous circuits may jointly carry out such administrative functions and activities as the judicial councils of the 2 circuits determine may benefit from coordination or consolidation.''. SEC. 14. ADMINISTRATION. The court of appeals for the ninth circuit as constituted on the day before the effective date of this Act may take such administrative action as may be required to carry out this Act and the amendments made by this Act. Such court shall cease to exist for administrative purposes on October 1, 2006. SEC. 15. EFFECTIVE DATE. Except as provided in section 4(c), this Act and the amendments made by this Act shall take effect on October 1, 2004.

Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2003 - Divides the current U.S. Court of Appeals for the ninth circuit into: (1) the ninth circuit, composed of Arizona, California, and Nevada, consisting of 24 judges, and holding regular sessions in San Francisco, Pasadena, and Phoenix; and (2) the twelfth circuit, composed of Alaska, Guam, Hawaii, Idaho, Montana, Northern Mariana Islands, Oregon, and Washington, consisting of nine judges, and holding regular sessions in Portland and Seattle. Directs the President to appoint, by and with the advice and consent of the Senate: (1) two additional circuit judges for the former ninth circuit court of appeals, whose official duty stations shall be in Arizona, California, or Nevada, and three additional circuit judges for the new ninth circuit court of appeals (who shall not be appointed before January 21, 2005); and (2) two temporary additional circuit judges for the former ninth circuit court of appeals). Directs that each circuit judge of the former ninth circuit who is in regular active service and whose official duty station on the day before this Act's effective date is in Arizona, California, or Nevada be a circuit judge of the new ninth circuit as of such effective date. Requires that each such judge whose duty station on such date is in Alaska, Guam, Hawaii, Idaho, or Washington be a circuit judge of the twelfth circuit. Allows each judge who is a senior circuit judge of the former ninth circuit on the day before this Act's effective date to elect to be assigned to the new ninth or twelfth circuit. (Requires each such judge to notify the Director of the Administrative Office of the United States Courts of such election.) Provides that the seniority of each judge assigned, or elected to be assigned, shall run from the date of commission as a judge of the former ninth circuit. Authorizes certain temporary assignment in the public interest of circuit judges and district judges between circuits.

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 participation by-- (A) individuals; (B) institutions of higher education, including historically Black colleges and universities and other institutions serving minorities; and (C) large and small businesses, including businesses owned or controlled by socially and economically disadvantaged persons. (2) Announcement through federal register notice.-- (A) In general.--The Secretary shall announce each prize competition by publishing a notice in the Federal Register. (B) Requirements.--The notice shall include a description of-- (i) the subject of the competition; (ii) the duration of the competition; (iii) the eligibility requirements for participation in the competition; (iv) the process for participants to register for the competition; (v) the amount of the prize; and (vi) the criteria for awarding the prize. (c) Administering the Competitions.-- (1) In general.--The Secretary shall enter into an agreement with a private, nonprofit entity to administer the prize competitions, subject to this Act. (2) Duties.--The duties of the administering entity under the agreement shall include-- (A) advertising prize competitions and the results of the prize competitions; (B) raising funds from private entities and individuals to pay for administrative costs and contribute to cash prizes; (C) working with the Secretary to develop the criteria for selecting winners in prize competitions, based on goals provided by the Secretary; (D) determining, in consultation with the Secretary, the appropriate amount for each prize to be awarded; (E) selecting judges in accordance with section 4(d), using criteria developed in consultation with the Secretary; and (F) preventing the unauthorized use or disclosure of the intellectual property, trade secrets, and confidential business information of registered participants. (d) Funding Sources.-- (1) In general.--Cash prizes under this Act shall consist of funds appropriated under section 8 and any funds provided by the administering entity for the cash prizes (including funds raised pursuant to subsection (c)(2)(B)). (2) Other federal agencies.--The Secretary may accept funds from other Federal agencies for the cash prizes. (3) No special consideration.--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.-- (1) In general.--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. (2) Increase in amount of prize.--The Secretary may increase the amount of a prize after an initial announcement is made under subsection (b)(2) if-- (A) notice of the increase is provided in the same manner as the initial notice of the prize; and (B) the funds needed to pay out the announced amount of the increase have been appropriated or committed in writing by the administering entity. 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 that-- (A) shall include minimal carbon emissions; and (B) may include cost criteria designed to facilitate the eventual market success of a winning technology. (b) Awards.-- (1) Advancements.-- (A) In general.--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 4 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. (B) Maximum amount for single prize.--No single prize described in subparagraph (A) may exceed $1,000,000. (C) Insufficient total funds.--If less than $4,000,000 is available for a prize competition under subsection (a)(1), the Secretary may-- (i) omit 1 or more subcategories; (ii) reduce the amount of the prizes; or (iii) not hold a prize competition. (2) Prototypes.-- (A) In general.--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). (B) Total number of prizes.--The Secretary may award no more than 1 prize under subsection (a)(1) in each 2-year period. (C) Maximum amount for single prize.--No single prize under this paragraph may exceed $4,000,000. (D) Insufficient qualified entries.--If no registered participant meets 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.-- (A) In general.--To the extent permitted under section 3(e), the Secretary shall announce 1 prize competition authorized under subsection (a)(3) as soon as practicable after the date of enactment of this Act. (B) Amount of prize.--A prize offered under this paragraph shall-- (i) be in an amount not less than $10,000,000; (ii) be paid to the winner in a lump sum; and (iii) include an additional amount paid to the winner as a match for each dollar of non- Federal funding raised by the winner for the hydrogen technology beginning on the date the winner was named. (C) Matching.-- (i) In general.--The match described in subparagraph (B)(iii) shall be provided until the earlier of-- (I) the date that is 3 years after the date the prize winner is named; or (II) the date on which the full amount of the prize has been paid out. (ii) Election.--A prize winner may elect to have the match amount paid to another entity that is continuing the development of the winning technology. (iii) Rules.--The Secretary shall announce the rules for receiving the match in the notice required by section 3(b)(2). (D) Requirements.--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). (E) Total amount of funds.-- (i) Federal funds.--Not more than $10,000,000 in Federal funds may be used for the prize award under this paragraph. (ii) Matching funds.--As a condition of entering into an agreement under section 3(c), the administering entity shall seek to raise $40,000,000 in non-Federal funds toward the matching award under this paragraph. (c) Criteria.--In establishing the criteria required by this Act, the Secretary shall consult with-- (1) the Hydrogen Technical and Fuel Cell Advisory Committee of the Department; (2) other Federal agencies, including the National Science Foundation; and (3) private organizations, including professional societies, industry associations, the National Academy of Sciences, and the National Academy of Engineering. (d) Judges.-- (1) In general.--For each prize competition, the Secretary shall assemble a panel of qualified judges to select the 1 or more winners on the basis of the criteria established under subsection (c). (2) Inclusions.--Judges for each prize competition shall include individuals from outside the Department, including from the private sector. (3) Prohibitions.--A judge may not-- (A) 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 the judge will serve as a judge; or (B) have a familial or financial relationship with an individual who is a registered participant in the prize competition for which the judge 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; (3) 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 (4) shall not be a Federal entity, a Federal employee acting within the scope of employment, or an employee of a national laboratory acting within the scope of employment. SEC. 6. INTELLECTUAL PROPERTY. (a) In General.--Subject to subsection (b), 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. (b) Negotiation of Licenses Permitted.--This section does not 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.-- (1) In general.--As a condition of participation in a competition under this Act, 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 participation of the registered participants in a competition under this Act. (2) Notice required.--The Secretary shall provide notice of any waiver required under this subsection in the notice required by section 3(b)(2). (3) Prohibition.--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 intellectual property, trade secrets, or confidential business information of the registered participant. (b) Liability Insurance.-- (1) Requirements.--As a condition of participation in a competition under this Act, a registered participant 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.-- (A) In general.--The Federal Government shall be named as an additional insured under the insurance policy of a registered participant required under paragraph (1)(A). (B) Mandatory indemnification.--As a condition of participation in a competition under this Act, a registered participant 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 to carry out this Act for the period of fiscal years 2007 through 2016-- (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 the administrative costs of carrying out this Act $2,000,000 for each of fiscal years 2007 through 2016. (b) Carryover of Funds.-- (1) In general.--Funds appropriated for prize awards under this Act-- (A) shall remain available until expended; and (B) 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. (2) Relation to other law.--No provision in this Act permits obligation or payment of funds in violation of section 1341 of title 31, United States Code (commonly known as the ``Anti-Deficiency Act''). SEC. 9. MAINTENANCE OF EFFORT. The Secretary shall ensure that funds provided under this Act will be used only to supplement, and not to supplant, Federal research and development programs. SEC. 10. SUNSET. The authority provided by this Act shall terminate on September 30, 2017.

H-Prize Act of 2006 - 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 encourage broad participation, including by individuals, universities (including minority-serving institutions), and large and small businesses (including those 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. 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. 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.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assisting Family Farmers through Insurance Reform Measures Act'' or the ``AFFIRM Act''. SEC. 2. ADJUSTED GROSS INCOME AND PER PERSON LIMITATIONS ON SHARE OF INSURANCE PREMIUMS PAID BY CORPORATION. Section 508(e)(1) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(1)) is amended-- (1) by striking ``For the purpose'' and inserting the following: ``(A) Payment authority.--For the purpose''; and (2) by adding at the end the following new subparagraphs: ``(B) Adjusted gross income limitation.--The Corporation shall not pay a part of the premium for additional coverage for any person or legal entity that has an average adjusted gross income (as defined in section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308-3a)) in excess of $250,000. ``(C) Per person limitation.--The Corporation shall not pay more than $40,000 to any person or legal entity for premiums under this section.''. SEC. 3. CAP ON OVERALL RATE OF RETURN FOR CROP INSURANCE PROVIDERS. Section 508(k)(3) of the Federal Crop Insurance Act (7 U.S.C. 1508(k)(3)) is amended-- (1) by designating paragraph (3) as subparagraph (A) (and adjusting the margin two ems to the right); (2) by inserting before subparagraph (A) (as so designated) the following: ``(3) Risk.--''; and (3) by adding at the end the following new subparagraph: ``(B) Cap on overall rate of return.--The target rate of return for all the companies combined for the 2013 and subsequent reinsurance years shall be 12 percent of retained premium.''. SEC. 4. CAP ON REIMBURSEMENTS FOR ADMINISTRATIVE AND OPERATING EXPENSES OF CROP INSURANCE PROVIDERS. Section 508(k)(4) of the Federal Crop Insurance Act (7 U.S.C. 1508(k)(4)) is amended by adding at the end the following new subparagraph: ``(G) Additional cap on reimbursements.-- Notwithstanding subparagraphs (A) through (F), total reimbursements for administrative and operating costs for the 2013 insurance year for all types of policies and plans of insurance shall not exceed $900,000,000. For each subsequent insurance year, the dollar amount in effect pursuant to the preceding sentence shall be increased by the same inflation factor as established for the administrative and operating costs cap in the 2011 Standard Reinsurance Agreement.''. SEC. 5. BUDGET LIMITATIONS ON RENEGOTIATION OF STANDARD REINSURANCE AGREEMENT. Section 508(k)(8) of the Federal Crop Insurance Act of 1938 (7 U.S.C. 1508(k)(8)) is amended by adding at the end the following new subparagraph: ``(F) Reduction in corporation obligations.--The Board shall ensure that any Standard Reinsurance Agreement negotiated under subparagraph (A)(ii), when compared to the immediately preceding Standard Reinsurance Agreement, shall reduce, to the maximum extent practicable, the obligations of the Corporation under subsections (e)(2) or (k)(4) or section 523.''. SEC. 6. CROP INSURANCE PREMIUM SUBSIDIES DISCLOSURE IN THE PUBLIC INTEREST. Section 502(c)(2) of the Federal Crop Insurance Act (7 U.S.C. 1502(c)(2)) is amended-- (1) by redesignating subparagraphs (A) and (B) as subparagraphs (C) and (D) respectively; and (2) by inserting before subparagraph (C) (as so redesignated) the following: ``(A) Disclosure in the public interest.-- Notwithstanding paragraph (1) or any other provision of law, except as provided in subparagraph (B), the Secretary shall on an annual basis make available to the public-- ``(i)(I) the name of each individual or entity who obtained a federally subsidized crop insurance, livestock, or forage policy or plan of insurance during the previous fiscal year; ``(II) the amount of premium subsidy received by the individual or entity from the Corporation; and ``(III) the amount of any Federal portion of indemnities paid in the event of a loss during that fiscal year for each policy associated with that individual or entity; and ``(ii) for each private insurance provider, by name-- ``(I) the underwriting gains earned through participation in the federally subsidized crop insurance program; and ``(II) the amount paid under this subtitle for-- ``(aa) administrative and operating expenses; ``(bb) any Federal portion of indemnities and reinsurance; and ``(cc) any other purpose. ``(B) Limitation.--The Secretary shall not disclose information pertaining to individuals and entities covered by a catastrophic risk protection plan offered under section 508(b).''.

Assisting Family Farmers through Insurance Reform Measures Act or AFFIRM Act - Amends the Federal Crop Insurance Act to prohibit the Federal Crop Insurance Corporation (FCIC) from paying a part of the crop insurance premium for additional coverage for any person or legal entity that has an average adjusted gross income in excess of $250,000. Caps: (1) the rate of return for all crop insurance providers combined for the 2013 and subsequent reinsurance years at 12% of retained premium, and (2) total reimbursements for administrative and operating costs for the 2013 insurance year for all types of policies and plans of insurance at $900 million. Requires that any renegotiated Standard Reinsurance Agreement, when compared to the immediately preceding Agreement, shall reduce FCIC obligations. Requires annual disclosure to the public of specified crop insurance premium subsidy information.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Increasing Homeownership Opportunities Act''. SEC. 2. PERMANENT CONFORMING LOAN LIMIT INCREASE FOR FREDDIE MAC AND FANNIE MAE. (a) Freddie Mac.-- (1) Conforming loan limit increase.--Paragraph (2) of section 305(a) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) is amended-- (A) by inserting ``(A)'' after ``(2)''; (B) in the first sentence, by redesignating clauses (A) through (C) as clauses (i) through (iii), respectively; (C) in the second sentence, by striking ``clause (A)'' and inserting ``clause (i)''; (D) in the sixth sentence by striking ``January 1 of each year beginning after the effective date of the Federal Housing Finance Regulatory Reform Act of 2008'' and inserting ``January 1, 2010, and January 1 of each year thereafter''; and (E) in the last sentence-- (i) by striking ``115 percent'' each place it appears and inserting ``125 percent''; and (ii) by striking ``150 percent'' and inserting ``175 percent''. (2) Discretionary authority.--Paragraph (2) of section 305(a) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)), as amended by paragraph (1), is further amended by adding at the end the following new subparagraphs: ``(B) Notwithstanding subparagraph (A) and subject to subparagraph (C), the Director of the Federal Housing Finance Agency may-- ``(i) increase the limitation on the maximum original principal obligation of a mortgage that may be purchased by the Corporation that is otherwise in effect pursuant to the sixth sentence of subparagraph (A) with respect to any particular size or sizes of residences located in any particular area or areas by not more than $100,000; or ``(ii) increase, for any geographic area that is smaller than an area for which a dollar amount limitation on the principal obligation of a mortgage is established pursuant to this paragraph, the limitation otherwise in effect for such size or sizes of residences for such sub-area or sub-areas, but in no case to an amount that exceeds the maximum nationwide amount otherwise permitted under this subparagraph. ``(C) The Director of the Federal Housing Finance Agency may increase the limitation on the maximum original principal obligation of a mortgage for any area or sub-area pursuant to subparagraph (B) only if the Director makes a determination that-- ``(i) such increase is warranted by higher median home prices in such area or sub-area; and ``(ii) such increase will have a significant impact on the cost or availability of mortgages having principal obligation amounts in the range of such increased limit. ``(D) Notwithstanding the calculation of the limitation on the maximum original principal obligation of a mortgage that may be purchased by the Corporation for an area pursuant to the last sentence of subparagraph (A), if any recalculation of the local median home price for any area would otherwise result in a decrease in the maximum original principal limitation for any size residence in any such area, the Director of the Federal Housing Finance Agency may prevent or limit a decrease in such limitation from taking place for any such area. In taking such action, the Director shall consider such factors as market dislocations caused by a decrease in such limitation, the extent of the median home price decline, and the causes for such reduction in median home price.''. (b) Fannie Mae.-- (1) Conforming loan limit increase.--Paragraph (2) of section 302(b) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)) is amended-- (A) by inserting ``(A)'' after ``(2)''; (B) in the second sentence, by redesignating clauses (A) through (C) as clauses (i) through (iii), respectively; (C) in the third sentence, by striking ``clause (A)'' and inserting ``clause (i)''; (D) in the seventh sentence by striking ``January 1 of each year beginning after the effective date of the Federal Housing Finance Regulatory Reform Act of 2008'' and inserting ``January 1, 2010, and January 1 of each year thereafter''; and (E) in the last sentence-- (i) by striking ``115 percent'' each place it appears and inserting ``125 percent''; and (ii) by striking ``150 percent'' and inserting ``175 percent''. (2) Discretionary authority.--Paragraph (2) of section 302(b) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)), as amended by paragraph (1), is further amended by adding at the end the following new subparagraphs: ``(B) Notwithstanding subparagraph (A) and subject to subparagraph (C), the Director of the Federal Housing Finance Agency may-- ``(i) increase the limitation on the maximum original principal obligation of a mortgage that may be purchased by the corporation that is otherwise in effect pursuant to the seventh sentence of subparagraph (A) with respect to any particular size or sizes of residences located in any particular area or areas by not more than $100,000; or ``(ii) increase, for any geographic area that is smaller than an area for which a dollar amount limitation on the principal obligation of a mortgage is established pursuant to this paragraph, the limitation otherwise in effect for such size or sizes of residences for such sub-area or sub-areas, but in no case to an amount that exceeds the maximum nationwide amount otherwise permitted under this subparagraph. ``(C) The Director of the Federal Housing Finance Agency may increase the limitation on the maximum original principal obligation of a mortgage for any area or sub-area pursuant to subparagraph (B) only if the Director makes a determination that-- ``(i) such increase is warranted by higher median home prices in such area or sub-area; and ``(ii) such increase will have a significant impact on the cost or availability of mortgages having principal obligation amounts in the range of such increased limit. ``(D) Notwithstanding the calculation of the limitation on the maximum original principal obligation of a mortgage that may be purchased by the corporation for an area pursuant to the last sentence of subparagraph (A), if any recalculation of the local median home price for any area would otherwise result in a decrease in the maximum original principal limitation for any size residence in any such area, the Director of the Federal Housing Finance Agency may prevent or limit a decrease in such limitation from taking place for any such area. In taking such action, the Director shall consider such factors as market dislocations caused by a decrease in such limitation, the extent of the median home price decline, and the causes for such reduction in median home price.''. SEC. 3. PERMANENT LOAN LIMIT INCREASE FOR FHA. (a) Loan Limit Increase.--Subparagraph (A) of section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)(A)) is amended-- (1) in clause (i) by striking ``115 percent'' and inserting ``125 percent''; and (2) in clause (ii) by striking ``150 percent'' and inserting ``175 percent''. (b) Discretionary Authority.--Subparagraph (A) of section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)(A) is amended by inserting after ``; and'' at the end the following: ``except that, if the Secretary determines an increase is warranted by higher median home prices in an area or sub-area and such an increase will have a significant impact on the cost or availability of mortgages having principal obligation amounts in the range of an increased limit, the Secretary may increase the maximum dollar amount limitation that is otherwise in effect pursuant to the preceding provisions of this subparagraph with respect to any particular size or sizes of residences, or with respect to residences located in any particular area or areas, by not more than $100,000, or increase, for any geographic area that is smaller than an area for which a dollar amount limitation is determined pursuant to the preceding provisions of this subparagraph, the limitation otherwise in effect for such size or sizes of residences for such sub-area or sub-areas, but in no case to an amount that exceeds the maximum nationwide amount otherwise permitted under this subparagraph; and except that notwithstanding the calculation of the maximum dollar amount limitation for any area pursuant to clause (i) of this subparagraph, if any recalculation of the local median home price for any area would otherwise result in a decrease in the maximum dollar amount limitation for any size residence in any such area, the Secretary, considering such factors as market dislocations caused by a decrease in such dollar amount limitation, the extent of the median home price decline, and the causes for such reduction in median home price, may prevent or limit a decrease in such dollar amount limitation from taking place for any such area; and''. SEC. 4. EXISTING LOAN LIMITS. This Act may not be construed to affect the loan limits for the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association in effect under section 1203 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) or the FHA mortgage amount limitations in effect under section 1202 of such Act. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall take effect January 1, 2010.

Increasing Homeownership Opportunities Act - Amends the Federal Home Loan Mortgage Corporation Act and the Federal National Mortgage Association Charter Act to increase limitations on the maximum original principal obligation of mortgages that may purchased by the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation Association (Freddie Mac). Increases such limitations in areas where 125% (currently, 115%) of the median price of residences of a particular size exceed existing mortgage purchase limitations for such residence size. Gives the Director of the Federal Housing Finance Agency (FHFA) discretion to increase existing mortgage purchase limitations where an increase is warranted by higher median home prices in an area or sub-area and will have a significant impact on the cost or availability of mortgages for such homes. Amends the National Housing Act to raise limitations on the maximum principal obligation of mortgages that may be insured by the Secretary of Housing and Urban Development (HUD). Gives the Secretary discretion to increase mortgage insurance limitations where an increase is warranted by higher median home prices in an area or sub-area and will have a significant impact on the cost or availability of mortgages for such homes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trademark Amendments Act of 1999''. SEC. 2. DILUTION AS A GROUNDS FOR OPPOSITION AND CANCELLATION. (a) Registrable Marks.--Section 2 of the Act entitled ``An Act to provide for the registration and protection of trade-marks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'' (in this Act referred to as the ``Trademark Act of 1946'') (15 U.S.C. 1052) is amended by adding at the end the following flush sentences: ``A mark which when used would cause dilution under section 43(c) may be refused registration only pursuant to a proceeding brought under section 13. A registration for a mark which when used would cause dilution under section 43(c) may be canceled pursuant to a proceeding brought under either section 14 or section 24.''. (b) Opposition.--Section 13(a) of the Trademark Act of 1946 (15 U.S.C. 1063(a)) is amended in the first sentence by inserting ``, including as a result of dilution under section 43(c),'' after ``principal register''. (c) Petitions To Cancel Registrations.--Section 14 of the Trademark Act of 1946 (15 U.S.C. 1064) is amended in the matter preceding paragraph (1) by inserting ``, including as a result of dilution under section 43(c),'' after ``damaged''. (d) Cancellation.--Section 24 of the Trademark Act of 1946 (15 U.S.C. 1092) is amended in the second sentence by inserting ``, including as a result of dilution under section 43(c),'' after ``register''. (e) Effective Date and Application.--The amendments made by this section shall take effect on the date of enactment of this Act and shall apply only to any application for registration filed on or after January 16, 1996. SEC. 3. REMEDIES IN CASES OF DILUTION OF FAMOUS MARKS. (a) Injunctions.--(1) Section 34(a) of the Trademark Act of 1946 (15 U.S.C. 1116(a)) is amended in the first sentence by striking ``section 43(a)'' and inserting ``subsection (a) or (c) of section 43''. (2) Section 43(c)(2) of the Trademark Act of 1946 (15 U.S.C. 1125(c)(2)) is amended in the first sentence by inserting ``as set forth in section 34'' after ``relief''. (b) Damages.--Section 35(a) of the Trademark Act of 1946 (15 U.S.C. 1117(a)) is amended in the first sentence by striking ``or a violation under section 43(a),'' and inserting ``a violation under section 43(a), or a willful violation under section 43(c),''. (c) Destruction of Articles.--Section 36 of the Trademark Act of 1946 (15 U.S.C. 1118) is amended in the first sentence-- (1) by striking ``or a violation under section 43(a),'' and inserting ``a violation under section 43(a), or a willful violation under section 43(c),''; and (2) by inserting after ``in the case of a violation of section 43(a)'' the following: ``or a willful violation under section 43(c)''. SEC. 4. LIABILITY OF GOVERNMENTS FOR TRADEMARK INFRINGEMENT AND DILUTION. (a) Civil Actions.--Section 32 of the Trademark Act of 1946 (15 U.S.C. 1114) is amended in the last undesignated paragraph in paragraph (1)-- (1) in the first sentence by inserting after ``includes'' the following: ``the United States, all agencies and instrumentalities thereof, and all individuals, firms, corporations, or other persons acting for the United States and with the authorization and consent of the United States, and''; and (2) in the second sentence by striking ``Any'' and inserting ``The United States, all agencies and instrumentalities thereof, and all individuals, firms, corporations, other persons acting for the United States and with the authorization and consent of the United States, and any''. (b) Waiver of Sovereign Immunity.--Section 40 of the Trademark Act of 1946 (15 U.S.C. 1122) is amended-- (1) by redesignating subsection (b) as subsection (c); (2) by striking ``Sec. 40. (a) Any State'' and inserting the following: ``Sec. 40. (a) Waiver of Sovereign Immunity by the United States.-- The United States, all agencies and instrumentalities thereof, and all individuals, firms, corporations, other persons acting for the United States and with the authorization and consent of the United States, shall not be immune from suit in Federal or State court by any person, including any governmental or nongovernmental entity, for any violation under this Act. ``(b) Waiver of Sovereign Immunity by States.--Any State''; and (3) in the first sentence of subsection (c), as so redesignated-- (A) by striking ``subsection (a) for a violation described in that subsection'' and inserting ``subsection (a) or (b) for a violation described therein''; and (B) by inserting after ``other than'' the following: ``the United States or any agency or instrumentality thereof, or any individual, firm, corporation, or other person acting for the United States and with authorization and consent of the United States, or''. (c) Definition.--Section 45 of the Trademark Act of 1946 (15 U.S.C. 1127) is amended by inserting between the 2 paragraphs relating to the definition of ``person'' the following: ``The term `person' also includes the United States, any agency or instrumentality thereof, or any individual, firm, or corporation acting for the United States and with the authorization and consent of the United States. The United States, any agency or instrumentality thereof, and any individual, firm, or corporation acting for the United States and with the authorization and consent of the United States, shall be subject to the provisions of this Act in the same manner and to the same extent as any nongovernmental entity.''. SEC. 5. CIVIL ACTIONS FOR TRADE DRESS INFRINGEMENT. Section 43(a) of the Trademark Act of 1946 (15 U.S.C. 1125(a)) is amended by adding at the end the following: ``(3) In a civil action for trade dress infringement under this Act for trade dress not registered on the principal register, the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional.''. SEC. 6. TECHNICAL AMENDMENTS. (a) Assignment of Marks.--Section 10 of the Trademark Act of 1946 (15 U.S.C. 1060) is amended-- (1) by striking ``subsequent purchase'' in the second to last sentence and inserting ``assignment''; (2) in the first sentence by striking ``mark,'' and inserting ``mark.''; and (3) in the third sentence by striking the second period at the end. (b) Additional Clerical Amendments.--The text and title of the Trademark Act of 1946 are amended by striking ``trade-marks'' each place it appears and inserting ``trademarks''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Authorizes a court to grant injunctive relief for violations of this Act, as well as damages for willful violations, and an order for delivery and destruction of any articles of the defendant which constitute a willful violation. Waives sovereign immunity for the Federal Government to grant private citizens and corporate entities the right to bring an action for trademark infringement against the United States, its agencies, and any entities or persons acting for the United States. Declares that in an action for trade dress infringement, where the matter sought to be protected is not registered with the U.S. Patent and Trademark Office, the person who asserts trade dress protection has the burden of proving that the trade dress is not functional (that is, not commonly used by similar businesses, and thus eligible for protection).

SECTION 1. REPEAL OF OCCUPATIONAL TAXES RELATING TO DISTILLED SPIRITS, WINE, AND BEER. (a) Repeal of Occupational Taxes.-- (1) In general.--The following provisions of part II of subchapter A of chapter 51 of the Internal Revenue Code of 1986 (relating to occupational taxes) are hereby repealed: (A) Subpart A (relating to proprietors of distilled spirits plants, bonded wine cellars, etc.). (B) Subpart B (relating to brewer). (C) Subpart D (relating to wholesale dealers) (other than sections 5114 and 5116). (D) Subpart E (relating to retail dealers) (other than section 5124). (E) Subpart G (relating to general provisions) (other than sections 5142, 5143, 5145, and 5146). (2) Nonbeverage domestic drawback.--Section 5131 of such Code is amended by striking ``, on payment of a special tax per annum,''. (3) Industrial use of distilled spirits.--Section 5276 of such Code is hereby repealed. (b) Conforming Amendments.-- (1)(A) The heading for part II of subchapter A of chapter 51 of the Internal Revenue Code of 1986 and the table of subparts for such part are amended to read as follows: ``PART II--MISCELLANEOUS PROVISIONS ``Subpart A. Manufacturers of stills. ``Subpart B. Nonbeverage domestic drawback claimants. ``Subpart C. Recordkeeping and registration by dealers. ``Subpart D. Other provisions.''. (B) The table of parts for such subchapter A is amended by striking the item relating to part II and inserting the following new item: ``Part II. Miscellaneous provisions.''. (2) Subpart C of part II of such subchapter (relating to manufacturers of stills) is redesignated as subpart A. (3)(A) Subpart F of such part II (relating to nonbeverage domestic drawback claimants) is redesignated as subpart B and sections 5131 through 5134 are redesignated as sections 5111 through 5114, respectively. (B) The table of sections for such subpart B, as so redesignated, is amended-- (i) by redesignating the items relating to sections 5131 through 5134 as relating to sections 5111 through 5114, respectively, and (ii) by striking ``and rate of tax'' in the item relating to section 5111, as so redesignated. (C) Section 5111 of such Code, as redesignated by subparagraph (A), is amended-- (i) by striking ``and rate of tax'' in the section heading, (ii) by striking the subsection heading for subsection (a), and (iii) by striking subsection (b). (4) Part II of subchapter A of chapter 51 of such Code is amended by adding after subpart B, as redesignated by paragraph (3), the following new subpart: ``Subpart C--Recordkeeping by Dealers ``Sec. 5121. Recordkeeping by wholesale dealers. ``Sec. 5122. Recordkeeping by retail dealers. ``Sec. 5123. Preservation and inspection of records, and entry of premises for inspection.''. (5)(A) Section 5114 of such Code (relating to records) is moved to subpart C of such part II and inserted after the table of sections for such subpart. (B) Section 5114 of such Code is amended-- (i) by striking the section heading and inserting the following new heading: ``SEC. 5121. RECORDKEEPING BY WHOLESALE DEALERS.'', and (ii) by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Wholesale Dealers.--For purposes of this part-- ``(1) Wholesale dealer in liquors.--The term `wholesale dealer in liquors' means any dealer (other than a wholesale dealer in beer) who sells, or offers for sale, distilled spirits, wines, or beer, to another dealer. ``(2) Wholesale dealer in beer.--The term `wholesale dealer in beer' means any dealer who sells, or offers for sale, beer, but not distilled spirits or wines, to another dealer. ``(3) Dealer.--The term `dealer' means any person who sells, or offers for sale, any distilled spirits, wines, or beer. ``(4) Presumption in case of sale of 20 wine gallons or more.--The sale, or offer for sale, of distilled spirits, wines, or beer, in quantities of 20 wine gallons or more to the same person at the same time, shall be presumptive evidence that the person making such sale, or offer for sale, is engaged in or carrying on the business of a wholesale dealer in liquors or a wholesale dealer in beer, as the case may be. Such presumption may be overcome by evidence satisfactorily showing that such sale, or offer for sale, was made to a person other than a dealer.''. (C) Paragraph (3) of section 5121(d) of such Code, as so redesignated, is amended by striking ``section 5146'' and inserting ``section 5123''. (6)(A) Section 5124 of such Code (relating to records) is moved to subpart C of part II of subchapter A of chapter 51 of such Code and inserted after section 5121. (B) Section 5124 of such Code is amended-- (i) by striking the section heading and inserting the following new heading: ``SEC. 5122. RECORDKEEPING BY RETAIL DEALERS.'', (ii) by striking ``section 5146'' in subsection (c) and inserting ``section 5123'', and (iii) by redesignating subsection (c) as subsection (d) and inserting after subsection (b) the following new subsection: ``(c) Retail Dealers.--For purposes of this section-- ``(1) Retail dealer in liquors.--The term `retail dealer in liquors' means any dealer (other than a retail dealer in beer or a limited retail dealer) who sells, or offers for sale, distilled spirits, wines, or beer, to any person other than a dealer. ``(2) Retail dealer in beer.--The term `retail dealer in beer' means any dealer (other than a limited retail dealer) who sells, or offers for sale, beer, but not distilled spirits or wines, to any person other than a dealer. ``(3) Limited retail dealer.--The term `limited retail dealer' means any fraternal, civic, church, labor, charitable, benevolent, or ex-servicemen's organization making sales of distilled spirits, wine or beer on the occasion of any kind of entertainment, dance, picnic, bazaar, or festival held by it, or any person making sales of distilled spirits, wine or beer to the members, guests, or patrons of bona fide fairs, reunions, picnics, carnivals, or other similar outings, if such organization or person is not otherwise engaged in business as a dealer. ``(4) Dealer.--The term `dealer' has the meaning given such term by section 5121(c)(3).''. (7) Section 5146 of such Code is moved to subpart C of part II of subchapter A of chapter 51 of such Code, inserted after section 5122, and redesignated as section 5123. (8) Subpart C of part II of subchapter A of chapter 51 of such Code, as amended by paragraph (7), is amended by adding at the end the following new section: ``SEC. 5124. REGISTRATION BY DEALERS. ``Every dealer who is subject to the recordkeeping requirements under section 5121 or 5122 shall register with the Secretary such dealer's name or style, place of residence, trade or business, and the place where such trade or business is to be carried on. In case of a firm or company, the names of the several persons constituting the same, and the places of residence, shall be so registered.''. (9) Section 7012 of such Code is amended by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively, and by inserting after paragraph (3) the following new paragraph: ``(4) For provisions relating to registration by dealers in distilled spirits, wines, and beer, see section 5124.''. (10) Part II of subchapter A of chapter 51 of such Code is amended by inserting after subpart C the following new subpart: ``Subpart D--Other Provisions ``Sec. 5131. Packaging distilled spirits for industrial uses. ``Sec. 5132. Prohibited purchases by dealers.''. (11) Section 5116 of such Code is moved to subpart D of part II of subchapter A of chapter 51 of such Code, inserted after the table of sections, redesignated as section 5131, and amended by inserting ``(as defined in section 5121(c))'' after ``dealer'' in subsection (a). (12) Subpart D of part II of subchapter A of chapter 51 of such Code is amended by adding at the end the following new section: ``SEC. 5132. PROHIBITED PURCHASES BY DEALERS. ``(a) In General.--Except as provided in regulations prescribed by the Secretary, it shall be unlawful for a dealer to purchase distilled spirits for resale from any person other than a wholesale dealer in liquors who is required to keep the records prescribed by section 5121. ``(b) Limited Retail Dealers.--A limited retail dealer may lawfully purchase distilled spirits for resale from a retail dealer in liquors. ``(c) Penalty and Forfeiture.-- ``For penalty and forfeiture provisions applicable to violations of subsection (a), see sections 5687 and 7302.''. (13) Subsection (b) of section 5002 of such Code is amended-- (A) by striking ``section 5112(a)'' and inserting ``section 5121(c)(3)'', (B) by striking ``section 5112'' and inserting ``section 5121(c)'', (C) by striking ``section 5122'' and inserting ``section 5122(c)''. (14) Subparagraph (A) of section 5010(c)(2) of such Code is amended by striking ``section 5134'' and inserting ``section 5114''. (15) Subsection (d) of section 5052 of such Code is amended to read as follows: ``(d) Brewer.--For purposes of this chapter, the term `brewer' means any person who brews beer or produces beer for sale. Such term shall not include any person who produces only beer exempt from tax under section 5053(e).''. (16) The text of section 5182 of such Code is amended to read as follows: ``For provisions requiring recordkeeping by wholesale liquor dealers, see section 5112, and by retail liquor dealers, see section 5122.''. (17) Subsection (b) of section 5402 of such Code is amended by striking ``section 5092'' and inserting ``section 5052(d)''. (18) Section 5671 of such Code is amended by striking ``or 5091''. (19)(A) Part V of subchapter J of chapter 51 of such Code is hereby repealed. (B) The table of parts for such subchapter J is amended by striking the item relating to part V. (20)(A) Sections 5142, 5143, and 5145 of such Code are moved to subchapter D of chapter 52 of such Code, inserted after section 5731, redesignated as sections 5732, 5733, and 5734, respectively, and amended by striking ``this part'' each place it appears and inserting ``this subchapter''. (B) Section 5732 of such Code, as redesignated by subparagraph (A), is amended by striking ``(except the tax imposed by section 5131)'' each place it appears. (C) Paragraph (2) of section 5733(c) of such Code, as redesignated by subparagraph (A), is amended by striking ``liquors'' both places it appears and inserting ``tobacco products and cigarette papers and tubes''. (D) The table of sections for subchapter D of chapter 52 of such Code is amended by adding at the end the following: ``Sec. 5732. Payment of tax. ``Sec. 5733. Provisions relating to liability for occupational taxes. ``Sec. 5734. Application of State laws.''. (E) Section 5731 of such Code is amended by striking subsection (c) and by redesignating subsection (d) as subsection (c). (21) Subsection (c) of section 6071 of such Code is amended by striking ``section 5142'' and inserting ``section 5732''. (22) Paragraph (1) of section 7652(g) of such Code is amended-- (A) by striking ``subpart F'' and inserting ``subpart B'', and (B) by striking ``section 5131(a)'' and inserting ``section 5111''. (c) Effective Date.--The amendments made by this section shall take effect on July 1, 2005, but shall not apply to taxes imposed for periods before such date.

Amends the Internal Revenue Code to repeal specified occupational taxes relating to distilled spirits, wine, and beer. Revises recordkeeping requirements for wholesale and retail liquor dealers. Requires liquor dealers who are subject to recordkeeping requirements to register with the Secretary of the Treasury. Makes it unlawful for any liquor dealer to purchase distilled spirits for resale from any person other than a wholesale dealer in liquor subject to recordkeeping requirements.

SECTION 1. ESTABLISHMENT OF UNITS OF THE NATIONAL GUARD IN THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. (a) Title 32 (National Guard) Amendments.-- (1) Definitions.--Section 101 of title 32, United States Code, is amended-- (A) in paragraph (4), by striking ``Puerto Rico'' and inserting ``the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''; (B) in paragraph (6), by striking ``Puerto Rico'' and inserting ``the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''; and (C) in paragraph (19), by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (2) Branches and organizations.--Section 103 of title 32, United States Code, is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (3) Units: location; organization; command.--Section 104 of title 32, United States Code, is amended-- (A) in subsection (a), by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''; (B) in subsection (c), by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''; and (C) in subsection (d), by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (4) Availability of appropriations.--Section 107(b) of title 32, United States Code, is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (5) Maintenance of other troops.--Section 109 of title 32, United States Code, is amended by striking ``Puerto Rico,'' each place it appears and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (6) Drug interdiction and counter-drug activities.--Section 112(h)(3) of title 32, United States Code, is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (7) Enlistment oath.--Section 304 of title 32, United States Code, is amended by striking ``or of Puerto Rico'' and inserting ``the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (8) Adjutants general.--Section 314 of title 32, United States Code, is amended by striking ``Puerto Rico,'' both places it appears and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (9) Detail of regular members.--Section 315 of title 32, United States Code, is amended by striking ``Puerto Rico,'' each place it appears and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (10) Termination of appointment.--Section 324(b) of title 32, United States Code, is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (11) Relief from national guard duty when ordered to active duty.--Section 325 of title 32, United States Code, is amended-- (A) in subsection (a), by striking ``Puerto Rico,'' each place it appears and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''; and (B) in subsection (b), by striking ``Puerto Rico'' and inserting ``Puerto Rico or the Commonwealth of the Northern Mariana Islands''. (12) Composition of courts-martial.--Section 326 of title 32, United States Code, is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (13) Convening authority of courts-martial.--Section 327(a) of title 32, United States Code, is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (14) Governor's authority.--Section 328(a) of title 32, United States Code, is amended by striking ``or the Commonwealth of Puerto Rico,'' and inserting ``, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (15) Training generally.--Section 501(b) of title 32, United States Code, is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (16) Support of training operations and training missions.--Section 502(f)(2)(B)(i) of title 32, United States Code, is amended by striking ``or the Commonwealth of Puerto Rico'' and inserting ``, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (17) Participation in field exercises.--Section 503(b) of title 32, United States Code, is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (18) National guard schools and small arms competitions.-- Section 504(b) of title 32, United States Code, is amended by striking ``Puerto Rico'' and inserting ``, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (19) Attendance at army and air force schools.--Section 505 of title 32, United States Code, is amended in the first sentence by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (20) National guard youth challenge program.--Section 509(l)(1) of title 32, United States Code, is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (21) Issue of supplies.--Section 702 of title 32, United States Code, is amended-- (A) in subsection (a), by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''; and (B) in subsections (b), (c), and (d), by striking ``Puerto Rico'' each place it appears and inserting ``the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (22) Purchases of supplies from army or air force.--Section 703 of title 32, United States Code, is amended by striking ``Puerto Rico,'' both places it appears and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (23) Accountability.--Section 704 of title 32, United States Code, is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (24) Property and fiscal officers.--Section 708 of title 32, United States Code, is amended by striking ``Puerto Rico,'' both places it appears and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (25) Employment, use, and status of technicians.--Section 709(a)(3)(C) of title 32, United States Code, is amended by striking ``or the Commonwealth of Puerto Rico'' and inserting ``, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (26) Accountability for property issued to the national guard.--Section 710 of title 32, United States Code, is amended by striking ``Puerto Rico,'' each place it appears and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (27) Disposition of obsolete or condemned property.-- Section 711 of title 32, United States Code, is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (28) Disposition of proceeds of condemned stores issued to national guard.--Section 712(1) of title 32, United States Code, is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (29) Settlements for property loss, personal injury, or death.--Section 715(c) of title 32, United States Code, is amended by striking ``or Puerto Rico'' and inserting ``, the Commonwealth of Puerto Rico, or the Commonwealth of the Northern Mariana Islands''. (30) Homeland defense activities.--Section 901(2) of title 32, United States Code, is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (b) Title 10 Amendments.-- (1) Definitions.--Section 101 of title 10, United States Code, is amended-- (A) in subsection (c)-- (i) in paragraph (2), by striking ``Puerto Rico,'' and inserting ``the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''; and (ii) in paragraph (4), by striking ``Puerto Rico,'' and inserting ``the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''; and (B) in subsection (d)(5), by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (2) Militia duty exemptions.--Section 312(a)(2) of title 10, United States Code, is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (3) Articles of uniform.--Section 771a(c) of title 10, United States Code, is amended by striking ``Puerto Rico,'' and inserting ``the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (4) Military powers of attorney.--Section 1044b(d) of title 10, United States Code, is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (5) Advance medical directives of members and dependents.-- Section 1044c(e)(1) of title 10, United States Code, is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (6) Detail of army national guard as students, observers, and investigators at educational institutions, industrial plants, and hospitals.--Section 4301(c) of title 10, United States Code, is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (7) Detail of air national guard as students, observers, and investigators at educational institutions, industrial plants, and hospitals.--Section 9301(c) of title 10, United States Code, is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (8) Definition of state for division e.--Section 10001 of title 10, United States Code, is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (9) Training of military technicians (dual status).-- Section 10216(a)(3)(C) of title 10, United States Code, is amended by striking ``or the Commonwealth of Puerto Rico'' and inserting ``, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (10) Commissioned officers original appointment.--Section 12204(b) of title 10, United States Code, is amended by striking ``Puerto Rico,'' and inserting ``the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (11) Detail for organizing, administering, etc., reserve components.--Section 12310 of title 10, United States Code, is amended-- (A) in subsection (b)(4), by striking ``or the Commonwealth of Puerto Rico'' and inserting ``, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''; and (B) in subsection (c)(7), by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (12) Standards and qualifications for commissioned officers.--Section 12642(c) of title 10, United States Code, is amended by striking ``Puerto Rico,'' and inserting ``the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (13) Facilities for reserve components.--Section 18232(1) of title 10, United States Code, is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (c) Title 37 Definitions.--Section 101 of title 37, United States Code, is amended-- (1) in paragraph (7), by striking ``Puerto Rico,'' and inserting ``the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''; and (2) in paragraph (9), by striking ``Puerto Rico,'' and inserting ``the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''.

Authorizes the establishment of units of the National Guard in the Commonwealth of the Northern Mariana Islands.

SECTION 1. INCREASE IN CONTRIBUTION LIMITS AND AMOUNTS AT WHICH PHASE OUT OF DEDUCTION BEGINS FOR INDIVIDUAL RETIREMENT ACCOUNT CONTRIBUTIONS. (a) Increase in Maximum Amount of Contribution to Individual Retirement Accounts.-- (1) In general.--Subparagraph (A) of section 219(b)(1) of the Internal Revenue Code of 1986 (relating to maximum amount of deduction) is amended by striking ``$2,000'' and inserting ``the applicable amount''. (2) Applicable amount.--Subsection (b) of section 219 of such Code is amended by adding at the end the following new paragraph: ``(5) Applicable amount.-- ``(A) In general.--For purposes of paragraph (1), the term `applicable amount' means-- ``(i) for any taxable year beginning in 1997, $2,500, ``(ii) for any taxable year beginning after 1997 and before 2006, the applicable amount determined under this paragraph for the preceding taxable year, increased by $500, and ``(iii) for any taxable year beginning after 2005, $7,000. ``(B) Inflation adjustment.--In the case of a taxable year beginning in a calendar year after 2006, the $7,000 amount contained in subparagraph (A)(iii) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2005' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10.'' (b) Increase of Amounts at Which Phase-Out Of Deduction For IRA Contributions Begins.-- (1) In general.--Clauses (i) and (ii) of section 219(g)(3)(B) of such Code (relating to limitation on deduction for active participants in certain pension plans) are amended to read as follows: ``(i) in the case of a taxpayer filing a joint return-- ``(I) for taxable years beginning in 1997, $50,000, ``(II) for taxable years beginning after 1997 and before 2003, the applicable dollar amount determined under this subclause for the preceding taxable year, increased by $10,000, and ``(III) for taxable years beginning after 2002, $110,000. ``(ii) in the case of any other taxpayer (other than a married individual filing a separate return)-- ``(I) for taxable years beginning in 1997, $30,000, ``(II) for taxable years beginning after 1997 and before 2003, the applicable dollar amount determined under this subclause for the preceding taxable year, increased by $5,000, and ``(III) for taxable years beginning after 2002, $60,000, and'' (2) Inflation adjustment.--Paragraph (3) of section 219(g) of such Code is amended by adding at the end the following new subparagraph: ``(C) Inflation adjustment.--In the case of a taxable year beginning in a calendar year after 2003, the $110,000 amount contained in subparagraph (B)(i)(III) and the $60,000 amount contained in subparagraph (B)(ii)(III) shall each be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2004' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.'' (c) Conforming Amendments.-- (1) Paragraph (1) of section 408(a) of such Code is amended by striking ``$2,000'' and inserting ``the applicable amount (as in effect under section 219(b) for such taxable year)''. (2) Subparagraph (B) of section 408(b)(2) of such Code is amended by striking ``$2,000'' and inserting ``the applicable amount in effect under section 219(b) for the taxable year of such individual''. (3) Subsection (b) of section 408 of such Code is amended in the last sentence by striking `$2,000'' and inserting ``the applicable amount in effect under section 219(b) for such taxable year''. (4) Subparagraph (A) of section 408(d)(5) of such Code is amended by striking ``dollar amount'' and inserting ``applicable amount''. (5) Subsection (j) of section 408 of such Code is amended by striking ``$2,000'' and inserting ``applicable''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996. SEC. 2. PENALTY-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT PLANS, 401(k) PLANS, ETC. (a) Distributions Related to First Homes, Education, or Adoption.-- (1) In general.--Paragraph (2) of section 72(t) (relating to exceptions to 10-percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end the following new subparagraph: ``(E) Certain distributions from individual retirement plans, 401(k) plans, etc.--Distributions to an individual from an individual retirement plan, or from amounts attributable to employer contributions made pursuant to elective deferrals described in subparagraph (A) or (C) of section 402(g)(3) or section 501(c)(18)(D)(iii), to the extent such distributions do not exceed the sum of-- ``(i) qualified first-time homebuyer distributions (as defined in paragraph (7)) made during the taxable year, ``(ii) qualified education expenses (as defined in paragraph (8)) of the taxpayer for the taxable year, and ``(iii) qualified adoption expenses (as defined in section 23(d), determined without regard to section 23(d)(2)(B)) paid or incurred by the taxpayer during the taxable year.'' (2) Definitions.--Section 72(t) is amended by adding at the end the following new paragraphs: ``(7) Qualified first-time homebuyer distributions.--For purposes of paragraph (2)(E)(i)-- ``(A) In general.--The term `qualified first-time homebuyer distribution' means any payment or distribution received by an individual to the extent such payment or distribution is used by the individual before the close of the 60th day after the day on which such payment or distribution is received to pay qualified acquisition costs with respect to a principal residence of a first-time homebuyer who is such individual, the spouse of such individual, or any child, grandchild, or ancestor of such individual or the individual's spouse. ``(B) Qualified acquisition costs.--For purposes of this paragraph, the term `qualified acquisition costs' means the costs of acquiring, constructing, or reconstructing a residence. Such term includes any usual or reasonable settlement, financing, or other closing costs. ``(C) First-time homebuyer; other definitions.--For purposes of this paragraph-- ``(i) First-time homebuyer.--The term `first-time homebuyer' means any individual if-- ``(I) such individual (and if married, such individual's spouse) had no present ownership interest in a principal residence during the 2-year period ending on the date of acquisition of the principal residence to which this paragraph applies, and ``(II) subsection (h) or (k) of section 1034 did not suspend the running of any period of time specified in section 1034 with respect to such individual on the day before the date the distribution is applied pursuant to subparagraph (A). ``(ii) Principal residence.--The term `principal residence' has the same meaning as when used in section 1034. ``(iii) Date of acquisition.--The term `date of acquisition' means the date-- ``(I) on which a binding contract to acquire the principal residence to which subparagraph (A) applies is entered into, or ``(II) on which construction or reconstruction of such a principal residence is commenced. ``(D) Special rule where delay in acquisition.--If any distribution from any individual retirement plan fails to meet the requirements of subparagraph (A) solely by reason of a delay or cancellation of the purchase or construction of the residence, the amount of the distribution may be contributed to an individual retirement plan as provided in section 408(d)(3)(A)(i) (determined by substituting `120 days' for `60 days' in such section), except that-- ``(i) section 408(d)(3)(B) shall not be applied to such contribution, and ``(ii) such amount shall not be taken into account in determining whether section 408(d)(3)(A)(i) applies to any other amount. ``(8) Qualified education expenses.--For purposes of paragraph (2)(E)(ii)-- ``(A) In general.--The term `qualified higher education expenses' means tuition, fees, books, supplies, and equipment required for the education of-- ``(i) the taxpayer, ``(ii) the taxpayer's spouse, or ``(iii) any child (as defined in section 151(c)(3)), grandchild, or ancestor of the taxpayer or the taxpayer's spouse, whether or not such education takes place at an eligible educational institution (as defined in section 135(c)(3)). ``(B) Coordination with savings bond provisions.-- The amount of qualified education expenses for any taxable year shall be reduced by any amount excludable from gross income under section 135.'' (3) Conforming amendment.--Subparagraph (B) of section 72(t)(2) is amended by striking ``or (D)'' and inserting ``, (D), or (E)''. (b) Penalty-Free Distributions for Certain Unemployed Individuals Not Limited to Health Insurance Costs and Allowed From 401(k) Plans, Etc.--Subparagraph (D) of section 72(t)(2) is amended-- (1) in clause (i), by inserting ``, or from amounts attributable to employer contributions made pursuant to elective deferrals described in subparagraph (A) or (C) of section 402(g)(3) or section 501(c)(18)(D)(iii),'' after ``individual retirement plan'', (2) in clause (i), by inserting ``and'' at the end of subclause (I), by striking ``, and'' at the end of subclause (II) and inserting a period, and by striking subclause (III), and (3) by striking ``for health insurance premiums'' in the heading. (c) Unlimited Penalty-Free Distributions for Medical Care and Expanded Definition of Dependents for Purposes of Such Distributions.-- Subparagraph (B) of section 72(t)(2) is amended by striking ``medical care'' and all that follows and inserting ``medical care, determined-- ``(i) without regard to whether the employee itemizes deductions for such taxable year, and ``(ii) in the case of a distribution from an individual retirement plan, or from amounts attributable to employer contributions made pursuant to elective deferrals described in subparagraph (A) or (C) of section 402(g)(3) or section 501(c)(18)(D)(iii)-- ``(I) without regard to whether or not such expenses exceed 7.5 percent of adjusted gross income, and ``(II) by treating an individual's dependents as including all children and grandchildren of the individual (or of such individual's spouse), and all ancestors of the individual (or of such individual's spouse).'' (d) Effective Date.--The amendments made by this section shall apply to payments and distributions in taxable years beginning after December 31, 1996.

Amends the Internal Revenue Code to increase the: (1) maximum deduction for individual retirement account contributions; and (2) income amount at which phase-out of that deduction begins. Exempts from the early distribution penalty: (1) distributions from certain types of retirement plans for first-time home buyer, education, or adoption expenses; and (2) for unemployed individuals (currently, for unemployed individuals for health insurance premiums). Modifies requirements regarding penalties for medical care early distributions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jacob Wetterling Crimes Against Children Registration Act''. SEC. 2. ESTABLISHMENT OF PROGRAM. (a) In General.-- (1) State guidelines.--The Attorney General shall establish guidelines for State programs requiring any person who is convicted of a criminal offense against a victim who is a minor to register a current address with a designated State law enforcement agency for ten years after release from prison, being placed on parole, or being placed on supervised release. (2) Definition.--For purposes of this subsection, the term ``criminal offense against a victim who is a minor'' includes-- (A) kidnapping of a minor, except by a noncustodial parent; (B) false imprisonment of a minor, except by a noncustodial parent; (C) criminal sexual conduct toward a minor; (D) solicitation of minors to engage in sexual conduct; (E) use of minors in a sexual performance; or (F) solicitation of minors to practice prostitution. (b) Registration Requirement Upon Release, Parole, or Supervised Release.--An approved State registration program established by this section shall contain the following requirements: (1) Notification.--If a person who is required to register under this section is released from prison, paroled, or placed on supervised release, a State prison officer shall-- (A) inform the person of the duty to register; (B) inform the person that if the person changes residence address, the person shall give the new address to a designated State law enforcement agency in writing within ten days; (C) obtain a fingerprint card and photograph of the person if these have not already been obtained in connection with the offense that triggers registration; and (D) require the person to read and sign a form stating that the duty of the person to register under this section has been explained. (2) Transfer of information to state and the ncic.--The officer shall, within three days after receipt of information under paragraph (1), forward it to a designated State law enforcement agency. The State law enforcement agency shall immediately enter the information into the State law enforcement system and National Crime Information Center computer networks and notify the appropriate law enforcement agency having jurisdiction where the person expects to reside. (3) Annual verification.--On each anniversary of a person's initial registration date during the period in which the person is required to register under this section, the designated State law enforcement agency shall mail a nonforwardable verification form to the last reported address of the person. The person shall mail the verification form to the officer within ten days after receipt of the form. The verification form shall be signed by the person, and state that the person still resides at the address last reported to the designated State law enforcement agency. If the person fails to mail the verification form to the designated State law enforcement agency within ten days after receipt of the form, the person shall be in violation of this section unless the person proves that the person has not changed his or her residence address. (4) Notification of local law enforcement agencies of changes in address.--Any change of address by a person required to register under this section reported to the designated State law enforcement agency shall immediately be reported to the appropriate law enforcement agency having jurisdiction where the person is residing. (c) Registration for Ten Years.--A person required to register under this section shall continue to comply with this section until ten years have elapsed since the person was released from imprisonment, parole, or supervised release. (d) Penalty.--A person required to register under this section who violates any requirement of a State program established by this section shall be subject to criminal penalties in such State. It is the sense of Congress that such penalties should include at least six months imprisonment. (e) Private Data.--The information provided under this section is private data on individuals and may be used for law enforcement purposes, including confidential background checks by child care services providers. SEC. 3. STATE COMPLIANCE. (a) Compliance Date.--Each State shall have three years from the date of the enactment of this Act in which to implement the provisions of this Act. (b) Ineligibility for Funds.--The allocation of funds under section 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756) received by a State not complying with the provisions of this section three years after the date of enactment of this Act shall be reduced by 25 percent and the unallocated funds shall be reallocated to the States in compliance with this section.

Jacob Wetterling Crimes Against Children Registration Act - Directs the Attorney General to establish guidelines for State programs requiring persons convicted of a criminal offense against a minor to register a current address with a designated State law enforcement agency for ten years after release from prison, parole, or being placed on supervised release. Sets forth requirements for an approved State registration program, including fingerprint cards and entry of information into the State law enforcement system and National Crime Information Center computer networks. Provides that the information provided under this Act is private and may be used for law enforcement purposes, including confidential background checks by child care service providers. Specifies that the allocation of Bureau of Justice Assistance grant funds under the Omnibus Crime Control and Safe Streets Act of 1968 received by a State not complying with the provisions of this Act within three years shall be reduced by 25 percent. Requires such unallocated funds to be reallocated to the States in compliance with this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Breast Cancer Awareness Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds that-- (1) breast cancer is the most common cancer among women of the United States, except for skin cancers; (2) today, about 1 in 8, or 12 percent of, women in the United States will develop invasive breast cancer, which is an increase from 1 in 11, or 9 percent of, women in 1975; (3) breast cancer is the second leading cause of cancer death in women; (4) the chance of dying from breast cancer is about 1 in 36; (5) thanks to earlier detection, increased awareness, and improved treatment, death rates from breast cancer have decreased since 1989; (6) there is a strong interest among the people of the United States to do more to tackle breast cancer; (7) the National Cancer Institute estimates that $18,100,000,000 was spent in the United States on breast cancer care in 2014; (8) finding a cure for breast cancer is a goal of the United States Government; (9) the National Institutes of Health dedicated an estimated $674,000,000 for breast cancer research in fiscal year 2014; (10) in fiscal year 2014, the Breast Cancer Research Program of the Department of Defense received $120,000,000; (11) while the National Institutes of Health and the Department of Defense program on breast cancer research remain the largest funders of breast cancer research in the United States, funding for the National Cancer Institute was reduced by nearly $66,000,000 between 2011 and 2013; (12) the funding level for the Department of Defense Breast Cancer Research Program has remained consistent since 2012, but this amount represents a 20-percent decrease from 2011 funding levels; (13) additional private sector support for breast cancer research will help find cures for breast cancer even faster; (14) it is estimated that, in the United States, 231,840 women will be diagnosed with, and 40,290 women will die of, breast cancer in 2015; (15) on average, every 13 minutes a woman dies of breast cancer in the United States; (16) due to disease type and lack of adequate care, African-American women have the highest death rates of all racial and ethnic groups overall and are at least 44-percent more likely to die of breast cancer than women of other racial and ethnic groups; (17) breast cancer used to be considered a disease of aging but recent trends show that more aggressive forms of the disease have been increasingly diagnosed in younger women; (18) breast cancer is the most frequently diagnosed cancer among nearly every racial and ethnic group, including African- American, American Indian/Alaska Native, Asian/Pacific Islander, and Hispanic/Latina women; (19) clinical advances resulting from research have led to increased survival rates from breast cancer; (20) since 1990, death rates from breast cancer have dropped more than 34 percent; (21) it is estimated that there will be 2,350 new cases of invasive breast cancer and 440 breast cancer deaths among men in the United States in 2015; (22) at this time there are more than 3,100,000 breast cancer survivors in the United States; (23) it is estimated that breast cancer costs $12,500,000,000 in lost productivity; (24) the losses of productivity due to breast cancer will increase with the projected growth rate and aging of the population of the United States if cancer mortality rates stay constant in the future; (25) there is a better chance of survival, and there are more treatment options available, with early stage detection through mammograms and clinical breast exams; (26) breast cancer is the most common cancer in women worldwide, with an estimated 1,700,000 new cases of breast cancer among women worldwide in 2012; (27) the Breast Cancer Research Foundation (hereafter in this Act referred to as ``BCRF'') is considered one of the most efficient cancer research charities; (28) of every dollar donated to BCRF, 91 cents goes to research and awareness programs, 88 cents towards research and 3 cents towards awareness; (29) founded in 1993, BCRF has raised more than $500,000,000 to fuel discoveries in tumor biology, genetics, prevention, treatment, survivorship, and metastasis, making BCRF one of the largest private funders of breast cancer research in the world; and (30) in 2014 and 2015, BCRF committed $58,600,000 in research, including $11,600,000 to the international Evelyn H. Lauder Founder's Fund focused on metastasis, to support the work of more than 220 researchers at leading medical institutions across 6 continents, including 25 States and 14 countries. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 gold coins, which shall-- (A) have a diameter of 0.850 inches; and (B) be made of ``pink gold'', which contains not less than 75-percent gold. (2) $1 silver coins.--Not more than 400,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90-percent silver. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the fight against breast cancer. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the face value of the coin; (B) an inscription of the year ``2018''; 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 selected by the Secretary based on the winning design from a juried, compensated design competition described under subsection (c). (c) Design Competition.-- (1) In general.--The Secretary shall hold a competition and provide compensation for the winner of the competition to design the obverse and reverse of the coins minted under this Act. The competition shall be judged by an expert jury chaired by the Secretary and consisting of 3 members from the Citizens Coinage Advisory Committee who shall be elected by the Committee and 3 members from the Commission of Fine Arts who shall be elected by the Commission. (2) Proposals.--As part of the competition described in this subsection, the Secretary may accept proposals from artists, engravers of the United States Mint, and members of the general public, and any designs submitted for the design review process described herein shall be anonymized until a final selection is made. (3) Accompanying designs; preference for physical designs.--The Secretary shall encourage 3-dimensional designs to be submitted as part of the proposals, and the jury shall give a preference for proposals that are accompanied by a 3- dimensional physical design instead of, or in addition to, an electronic design. (4) Compensation.--The Secretary shall determine compensation for the winning design under this subsection, which shall be not less than $5,000. The Secretary shall take into account this compensation amount when determining the sale price described in section 6(a). SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2018. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to the coins; and (3) the cost of designing and issuing the coins, including-- (A) labor; (B) materials; (C) dies; (D) use of machinery; (E) overhead expenses; (F) marketing; and (G) shipping. (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of the coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of-- (1) $35 per coin for the $5 coin; (2) $10 per coin for the $1 coin; and (3) $5 per coin for the half-dollar 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 Breast Cancer Research Foundation, New York, New York, for the purpose of furthering research funded by the Foundation. (c) Audits.--The surcharge recipient under subsection (b) shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under that subsection. (d) Limitations.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, at the time of the issuance, the issuance of the coin would result in the number of commemorative coin programs issued during that year to exceed the commemorative coin program restriction under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary may issue guidance to carry out this subsection.

Breast Cancer Awareness Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue up to 50,000 $5 gold coins (to be made of "pink gold" containing at least 75% gold), 400,000 $1 silver coins, and 750,000 half-dollar clad coins emblematic of the fight against breast cancer. Treasury shall: select the design for the coins based upon the winning design from a juried, compensated design competition following certain specifications; and issue the coins only during the one-year period beginning on January 1, 2018. All such coin sales must include the following surcharges: $35 per $5 gold coin, $10 per $1 dollar silver coin, and $5 per half-dollar coin. The Treasury shall pay received surcharges promptly to the Breast Cancer Research Foundation according to a specified distribution formula.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Leave No Securities Behind Act''. SEC. 2. REGISTRATION OF SECURITIES. (a) Fannie Mae.-- (1) Mortgage-backed securities.--Section 304(d) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1719(d)) is amended by striking the fourth sentence and inserting the following new sentence: ``Securities issued by the corporation under this subsection shall not be exempt securities within the meaning of the laws administered by the Securities and Exchange Commission.'' (2) Subordinate obligations.--Section 304(e) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1719(e)) is amended by striking the fourth sentence and inserting the following new sentence: ``Obligations issued by the corporation under this subsection shall not be exempt securities within the meaning of the laws administered by the Securities and Exchange Commission.'' (3) Securities.--Section 311 of the Federal National Mortgage Association Charter Act (12 U.S.C. 1723c) is amended-- (A) in the section header, by striking ``association''; (B) by inserting ``(a) In General.--'' after ``Sec. 311.''; (C) in the second sentence, by inserting ``by the Association'' after ``issued''; and (D) by adding at the end the following new subsection: ``(b) Treatment of Corporation Securities.-- ``(1) In general.--Any stock, obligations, securities, participations, or other instruments issued or guaranteed by the corporation pursuant to this title shall not be exempt securities within the meaning of the laws administered by the Securities and Exchange Commission. ``(2) Exemption for approved sellers.--Notwithstanding any other provision of this title or the Securities Act of 1933, transactions involving the initial disposition by an approved seller of pooled certificates that are acquired by that seller from the corporation upon the initial issuance of the pooled certificates shall be deemed to be transactions by a person other than an issuer, underwriter, or dealer within the meaning of the laws administered by the Securities and Exchange Commission. ``(3) Definitions.--For purposes of this subsection: ``(A) Approved seller.--The term `approved seller' means an institution approved by the corporation to sell mortgage loans to the corporation in exchange for pooled certificates. ``(B) Pooled certificates.--The term `pooled certificates' means single class mortgage-backed securities guaranteed by the corporation that have been issued by the corporation directly to the approved seller in exchange for the mortgage loans underlying such mortgage-backed securities. ``(4) Mortgage related securities.--A single class mortgage-backed security guaranteed by the corporation that has been issued by the Corporation directly to the approved seller in exchange for the mortgage loans underlying such mortgage- backed securities or directly by the corporation for cash shall be deemed to be a mortgage related security as defined in section 3(a) of the Securities Exchange Act of 1934.''. (b) Freddie Mac.--Subsection (g) of section 306 of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1455(g)) is amended to read as follows: ``(g) Treatment of Securities.-- ``(1) In general.--Any securities issued or guaranteed by the Corporation shall not be exempt securities within the meaning of the laws administered by the Securities and Exchange Commission.''. ``(2) Exemption for approved sellers.--Notwithstanding any other provision of this title or the Securities Act of 1933, transactions involving the initial disposition by an approved seller of pooled certificates that are acquired by that seller from the Corporation upon the initial issuance of the pooled certificates shall be deemed to be transactions by a person other than as an issuer, underwriter, or dealer within the meaning of the laws administered by the Securities and Exchange Commission. ``(3) Definitions.--For purposes of this subsection: ``(A) Approved seller.--The term `approved seller' means an institution approved by the Corporation to sell mortgage loans to the Corporation in exchange for pooled certificates. ``(B) Pooled certificates.--The term `pooled certificates' means single class mortgage-backed securities guaranteed by the Corporation that have been issued by the Corporation directly to the approved seller in exchange for the mortgage loans underlying such mortgage-backed securities.''. (c) Regulations.--The Securities and Exchange Commission may issue any regulations as may be necessary or appropriate to carry out the purposes of this section and the amendments made by this section. (d) Effective Date.--The amendments under this section shall be made upon the expiration of the 180-day period beginning on the date of the enactment of this Act, but shall apply only with respect to fiscal years of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation that begin after the expiration of such 180- day period. SEC. 3. LIMITATION ON REGISTRATION FEES. (a) In General.--Section 6(b)(2) of the Securities Act of 1933 (15 U.S.C. 77f(b)(2)) is amended by adding at the end the following new sentence: ``Notwithstanding any other provision of this title, no applicant, or group of affiliated applicants that do not include any investment company registered under the Investment Company Act of 1940, filing a registration statement subject to a fee shall be required in any fiscal year with respect to all registration statements filed by such applicant in such fiscal year to pay an aggregate amount in fees to the Commission pursuant to subsection (b) in excess of five percent of the target offsetting collection amount for such fiscal year. Fees paid in connection with registration statements relating to business combinations shall not be included in calculating the total fees paid by any applicant.''. (b) Effective Date.--The amendment under subsection (a) shall be made and shall apply upon the expiration of the 180-day period beginning on the date of the enactment of this Act.

Leave No Securities Behind Act - Amends the Federal National Mortgage Association Charter Act to extend Securities and Exchange Commission (SEC) authority to mortgage-backed and subordinate obligations, and corporate securities (with an exemption for approved sellers) of the Federal National Mortgage Association (Fannie Mae).Amends the Federal Home Loan Mortgage Corporation Act to extend SEC authority to corporate securities (with an exception for approved sellers) of the Federal Home Loan Mortgage Corporation (Freddie Mac).Amends the Securities Act of 1933 to limit specified SEC registration fees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Stock Ownership Plan Promotion and Improvement Act of 2007''. SEC. 2. 10 PERCENT PENALTY TAX NOT TO APPLY TO CERTAIN S CORPORATION DISTRIBUTIONS MADE ON STOCK HELD BY EMPLOYEE STOCK OWNERSHIP PLAN. (a) In General.--Clause (vi) of section 72(t)(2)(A) of the Internal Revenue Code of 1986 (relating to general rule that subsection not to apply to certain distributions) is amended by inserting before the comma at the end the following: ``or any distribution (as described in section 1368(a)) with respect to S corporation stock that constitutes qualifying employer securities (as defined by section 409(l)) to the extent that such distributions are paid to a participant in the manner described in clause (i) or (ii) of section 404(k)(2)(A)''. (b) Effective Date.--The amendments made by this section shall apply to distributions made after the date of the enactment of this Act. SEC. 3. ESOP DIVIDEND EXCEPTION TO ADJUSTMENTS BASED ON ADJUSTED CURRENT EARNINGS. (a) In General.--Section 56(g)(4)(C) of the Internal Revenue Code of 1986 (relating to disallowance of items not deductible in computing earnings and profits) is amended by adding at the end the following new clause: ``(vii) Treatment of esop dividends.-- Clause (i) shall not apply to any deduction allowable under section 404(k) if the deduction is allowed for dividends paid on employer securities held by an employee stock ownership plan established or authorized to be established before March 15, 1991.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1989. (c) Waiver of Limitations.--If refund or credit of any overpayment of tax resulting from the application of the amendment made by this section is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period. SEC. 4. AMENDMENTS RELATED TO SECTION 1042. (a) Deferral of Tax for Certain Sales to Employee Stock Ownership Plan Sponsored by S Corporation.-- (1) In general.--Section 1042(c)(1)(A) of the Internal Revenue Code of 1986 (defining qualified securities) is amended by striking ``C''. (2) Effective date.--The amendment made by paragraph (1) shall apply to sales after the date of the enactment of this Act. (b) Reinvestment in Certain Mutual Funds Permitted.-- (1) In general.--Clause (ii) of section 1042(c)(4)(B) of the Internal Revenue Code of 1986 (defining operating corporation) is amended to read as follows: ``(ii) Financial institutions, insurance companies, and mutual funds.--The term `operating corporation' shall include-- ``(I) any financial institution described in section 581, ``(II) any insurance company subject to tax under subchapter L, and ``(III) any regulated investment company if substantially all of the securities held by such company are securities issued by operating corporations (determined without regard to this subclause).''. (2) Effective date.--The amendment made by paragraph (1) shall apply to sales of qualified securities after the date of the enactment of this Act. (c) Modification to 25-Percent Shareholder Rule.-- (1) In general.--Subparagraph (B) of section 409(n)(1) of the Internal Revenue Code of 1986 (relating to securities received in certain transactions) is amended to read as follows: ``(B) for the benefit of any other person who owns (after the application of section 318(a)) more than 25 percent of-- ``(i) the total combined voting power of all classes of stock of the corporation which issued such employer securities or of any corporation which is a member of the same controlled group of corporations (within the meaning of subsection (l)(4)) as such corporation, or ``(ii) the total value of all classes of stock of any such corporation.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act. SEC. 5. DE MINIMIS EXCEPTION TO DIVERSIFICATION OF INVESTMENT REQUIREMENT. (a) In General.--Paragraph (28) of section 401(a) of the Internal Revenue Code of 1986 (relating to additional requirements relating to employee stock ownership plans) is amended by adding at the end the following new subparagraph: ``(D) Exception for de minimis account balance.--A plan shall not fail to meet the requirements of this subparagraph for a plan year solely because the plan provides that clause (i) does not apply to any participant's account in the plan which, as of the close of the preceding plan year, has an account balance which does not exceed $2,500.''. (b) Effective Date.--The amendment made by this section shall apply to plan years beginning after the date of the enactment of this Act.

Employee Stock Ownership Plan Promotion and Improvement Act of 2007 - Amends the Internal Revenue Code to: (1) exempt certain distributions, including dividends, by S corporations to an employee stock ownership plan (ESOP) from the penalty tax for premature employee benefit plan withdrawals; (2) exempt deductions for ESOP dividends from corporate alternative minimum tax adjustments based on adjusted earnings and profits; (3) allow deferral of the recognition of gain for certain sales to ESOPs sponsored by any domestic corporation, including S corporations; (4) allow reinvestment of ESOP stock proceeds eligible for nonrecognition of gain in certain mutual funds; (5) modify certain ESOP stock ownership rules; and (6) allow a de minimis exception from pension plan investment diversification requirements for ESOP accounts with balances of $2,500 or less.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Heart Disease Education, Analysis, and Research, and Treatment for Women Act'' or the ``HEART for Women Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Heart disease, stroke, and other cardiovascular diseases are the leading cause of death among women. (2) Despite being the number 1 killer, only 13 percent of women are aware that cardiovascular diseases, including heart disease and stroke, are their greatest health risk. (3) Many minority women, including African American, Hispanic, and Native American women, are at a higher risk of death from heart disease, stroke, and other cardiovascular diseases, but they are less likely to know of this risk. (4) There is a pervasive lack of awareness among health care providers that cardiovascular disease is the leading killer of women. (5) Women are less likely than men to receive certain treatments for cardiovascular diseases, perhaps due to lack of awareness and the presence of different symptoms in women than in men. (6) Women tend to experience later onset of heart disease than men, and therefore more often suffer from multiple conditions that mask symptoms of heart disease and complicate treatment. (7) Certain diagnostic tests for cardiovascular disease may be less accurate in women than men. (8) Drug effectiveness and metabolism differ in women and men, impacting successful treatment of cardiovascular disease. (9) In addition, stroke kills 2.3 times as many females as does breast cancer. Nearly 61 percent of stroke-related deaths occur in females. Studies have found gender differences in the effects, diagnosis, and treatment of stroke. For instance-- (A) stroke severity is greater in women than in men; (B) women often receive fewer diagnostic tests and intervention procedures than men; and (C) strokes present treatment issues unique to women. SEC. 3. REPORTING OF GENDER DATA IN APPLICATIONS FOR DRUGS, BIOLOGICS, AND DEVICES. (a) New Drug Applications.--Section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)) is amended by adding at the end the following: ``(5)(A) Notwithstanding any other provision of this Act, the applicant shall include in any submission to the Secretary pursuant to this subsection, to the extent appropriate, information stratified by gender, race and ethnicity, including any differences in safety and effectiveness. ``(B) The Secretary shall withhold approval of an application if the applicant fails to submit the required information described in subparagraph (A). ``(C) The Secretary shall develop standards to ensure that submissions to the Secretary pursuant to this subsection are adequately reviewed to determine whether such submissions include the information required under subparagraph (A). ``(D) Upon the approval under this subsection of an application for a drug, the Secretary shall report to the scientific community and make available to the public, in a timely manner, data regarding such drug stratified by gender, race, and ethnicity.''. (b) Investigational New Drug Applications.--Section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) is amended-- (1) in paragraph (2), by inserting ``and paragraph (5)'' after ``Subject to paragraph (3)''; and (2) by adding at the end the following: ``(5)(A) Notwithstanding any other provision of this Act, the manufacturer or sponsor of an investigation of a new drug shall include in any submission to the Secretary pursuant to this subsection on the clinical investigation of the new drug and to the extent appropriate, information stratified by gender, race, and ethnicity, including any differences in safety and effectiveness. ``(B) The Secretary shall place a clinical hold (as described in paragraph (3)) on an investigation if the manufacturer or sponsor of the investigation fails to submit the required information described in subparagraph (A). ``(C) The Secretary shall develop standards that ensure that submissions to the Secretary pursuant to this subsection on clinical investigations of new drugs are adequately reviewed to determine whether such submissions include the information required under this paragraph.''. (c) Abbreviated New Drug Applications.--Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) is amended-- (1) in paragraph (2)(A), by inserting before the period at the end the following: ``, subject to paragraph (10)''; (2) in paragraph (3)(A), by adding at the end the following: ``The Secretary shall require such individuals who review such applications to ensure that such applications include the information on gender data required under paragraph (10).''; (3) in paragraph (4)-- (A) in subparagraph (J), by striking ``or'' after the semicolon; (B) in subparagraph (K), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(L) the application does not include appropriate information stratified by gender, race, and ethnicity, as required under paragraph (10).''. (4) by adding at the end the following: ``(10)(A) Notwithstanding any other provision of this Act, a person shall include in any submission to the Secretary pursuant to this subsection appropriate drug information stratified by gender, race, and ethnicity, including any differences in safety and effectiveness. ``(B) The Secretary shall develop standards that ensure that submissions to the Secretary pursuant to this subsection are adequately reviewed to determine whether such submissions include the information required under this paragraph. ``(11) Upon the approval under this subsection of an application for a drug, the Secretary shall report to the scientific community and make available to the public, in a timely manner, data regarding such drug stratified by gender, race, and ethnicity.''. (d) Premarket Approvals.--Section 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e) is amended-- (1) in subsection (c)-- (A) in paragraph (1)-- (i) in subparagraph (F), by striking ``and'' at the end; (ii) in subparagraph (G), by striking the period and inserting ``; and''; and (iii) by adding at the end the following: ``(H) information regarding the device, to the extent appropriate, stratified by gender, race and ethnicity, including differences in safety and effectiveness.''; and (B) by adding at the end the following: ``(5) The Secretary shall develop standards that ensure that submissions to the Secretary pursuant to this subsection are adequately reviewed to determine whether such submissions include the information required under paragraph (1)(H).''; and (2) in subsection (d)-- (A) in paragraph (1)-- (i) in subparagraph (D), by striking ``or'' at the end; (ii) in subparagraph (E), by striking the period and inserting ``; or''; and (iii) by inserting after subparagraph (E), the following: ``(F) the application does not contain, as appropriate, the information required in subsection (c)(1)(H).''; and (B) by adding at the end the following: ``(7) Upon the approval of an application under this section, the Secretary shall report to the scientific community and make available to the public, in a timely manner, data regarding such device stratified by gender, race, and ethnicity.''. (e) Investigational Device Exemptions.--Section 520(g)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(g)) is amended-- (1) in subparagraph (B), by adding at the end the following: ``(iv) A requirement that any application include information regarding the device, to the extent appropriate, stratified by gender, race, and ethnicity, including differences in safety and effectiveness.''; and (2) by adding at the end the following: ``(d) The Secretary shall develop standards that ensure that submissions to the Secretary pursuant to this subsection are adequately reviewed to determine whether such submissions include the information required under paragraph (B)(iv).''. (f) Biological Product Licenses.--Section 351(a)(2) of the Public Health Service Act (42 U.S.C. 262) is amended by adding at the end the following: ``(D)(i) Notwithstanding any other provision of this Act, the applicant shall include in any application to the Secretary pursuant to this section appropriate information regarding the subject biological product stratified by gender, race, and ethnicity, including differences in safety and effectiveness. ``(ii) The Secretary shall develop standards that ensure that submissions to the Secretary pursuant to this section are adequately reviewed to determine whether such submissions include the information required under paragraph (D)(i). ``(iii) Upon the approval of an application under this subsection, the Secretary shall report to the scientific community and make available to the public, in a timely manner, data regarding such biological product stratified by gender, race, and ethnicity.''. (g) GAO Study.--Not later than 2 years after the date of enactment of this section, the Comptroller General of the United States shall study the drug approval processes of the Food and Drug Administration to ensure that the Food and Drug Administration is complying with the amendments made by this section. SEC. 4. GENDER-BASED REPORTING AND ANALYSIS OF PATIENT SAFETY DATA. (a) Data Standards.--Section 923(b) of the Public Health Service Act (as amended by the Patient Safety and Quality Improvement Act of 2005 (Public Law 109-41)) is amended by adding at the end the following: ``The Secretary shall provide that all nonidentifiable patient safety work product reported to and among the network of patient safety databases be stratified by gender.''. (b) Use of Information.--Section 923(c) of the Public Health Service Act (as amended by the Patient Safety and Quality Improvement Act of 2005 (Public law 109-41)) is amended by adding at the end the following: ``Such analyses take into account data that specifically relates to women and any disparities between treatment and the quality of care between males and females.''. SEC. 5. REPORTING OF HOSPITAL QUALITY DATA BY GENDER. Section 1886(b)(3)(B)(iv)(II) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(vii)(II)), as amended by section 501 of the Medicare Prescription Drug, Improvement, and modernization Act of 2003 (Public law 108-173), is amended by adding at the end the following: ``The Secretary shall make such data available to the public, in a form and manner that stratifies the data by gender.''. SEC. 6. QUALITY OF CARE REPORTS BY THE AGENCY FOR HEALTHCARE RESEARCH AND QUALITY. Section 903 of the Public Health Service Act (42 U.S.C. 299a-1) is amended-- (1) in subsection (b)(1)(B), by inserting before the semicolon the following: ``, including quality of and access to care for women with heart disease, stroke, and other cardiovascular disease''; and (2) in subsection (c), by adding at the end the following: ``(4) Annual report on women and heart disease.--Not later than September 30, 2006, and annually thereafter, the Secretary, acting through the Director, shall prepare and submit to Congress a report concerning the findings related to the quality of and access to care for women with heart disease, stroke, and other cardiovascular diseases. The report shall contain recommendations for eliminating disparities in, and improving the treatment of, heart disease, stroke, and other cardiovascular diseases in women.''. SEC. 7. ANALYSIS OF DATA BY QUALITY IMPROVEMENT ORGANIZATIONS. Section 1154(a) of the Social Security Act (42 U.S.C. 1320c-3(a)) is amended by adding at the end the following: ``(18) The organization shall execute its responsibilities under subparagraphs (A) and (B) of paragraph (1) by offering to providers, practitioners, Medicare Advantage organizations under part C, and prescription drug sponsors offering prescription drug plans under part D quality improvement assistance aimed at eliminating gender disparities in the quality of care for women, particularly minority women, who suffer from heart disease, stroke, and other cardiovascular diseases. For purposes of this part and title XVIII, the functions described in this paragraph shall be treated as a review function.''. SEC. 8. REPORTS BY ACCREDITING ORGANIZATIONS. The Social Security Act is amended by inserting after section 1808 (42 U.S.C. 1395b-9) the following: ``SEC. 1809. STRATIFICATION OF DATA BY GENDER IN APPLYING CONDITIONS OF PARTICIPATION AND CONDITIONS OF COVERAGE. `` The Secretary shall ensure that data are stratified by gender when collected and used in surveys evaluating whether providers meet the applicable conditions of participation or conditions of coverage under parts A, B, C and D of this title. When determined feasible by the Secretary, such data shall be stratified by gender when reported to the public or otherwise made available to the public.''. SEC. 9. EDUCATIONAL CAMPAIGNS. (a) Distribution of Educational Material Through the Center for Beneficiary Choices.--The Secretary of Health and Human Services, acting through the Center for Beneficiary Choices of the Centers for Medicare & Medicaid Services, shall develop and distribute to female medicare beneficiaries, physicians, and other appropriate healthcare professionals educational materials relating to the prevention, diagnosis, and treatment of heart disease, stroke, and cardiovascular diseases in women. The Center for Beneficiary Choices may carry out this subsection through contracts with public and private nonprofit entities. (b) Healthcare Professional Educational Campaign.--The Secretary of Health and Human Services, acting through the Bureau of Health Professions of the Health Resources and Services Administration, shall conduct an education and awareness campaign for physicians and other healthcare professionals relating to the prevention, diagnosis, and treatment of heart disease, stroke, and other cardiovascular diseases in women. The Bureau of Health Professions may carry out this subsection through contracts with public and private nonprofit entities. SEC. 10. EXTENSION OF WISEWOMAN. There are authorized to be appropriated such sums as may be necessary for each fiscal year to enable the Director of the Centers for Disease Control and Prevention to implement Well-Integrated Screening and Evaluation for Women Across the Nation (WISEWOMAN) program projects in all State and territories, which may include projects among Indian tribes.

Heart Disease Education, Analysis, and Research, and Treatment for Women Act or the HEART for Women Act - Amends the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act to require an application for approval or for investigation of a drug, device, or biological product to include information stratified by gender, race, and ethnicity, including any differences in safety and effectiveness. Requires the Secretary of Health and Human Services to: (1) withhold approval of such an application or place a clinical hold on an investigation if such information is not included; and (2) report to the scientific community and make information available to the public on such stratified data upon approval of an application. Requires the Comptroller General to study the drug approval process to ensure compliance with this Act. Requires the Secretary to require that all nonidentifiable patient safety work product reported to a patient safety database be stratified by gender. Amends title XVIII (Medicare) the Social Security Act (SSA) to require the Secretary to make hospital quality data relating to the quality of care in inpatient settings available to the public stratified by gender. Requires the Secretary, acting through the Director of the Agency for Healthcare Research and Quality (AHRQ), to report to Congress concerning the quality of and access to care for women with heart disease, stroke, and other cardiovascular diseases. Requires utilization and quality control peer review organizations to offer quality improvement assistance aimed at eliminating gender disparities. Amends title IX (employment security provisions) of SSA to require that data be stratified by gender when collected and used in surveys evaluating whether Medicare providers meet applicable conditions of participation or coverage. Provides for an educational campaign relating to heart disease, stroke, and cardiovascular diseases in women.

SECTION 1. SHORT TITLE. This Act may be cited as the Howard M. Metzenbaum ``Menu Education and Labeling Act'' or the ``MEAL Act''. SEC. 2. FINDINGS. Congress finds that-- (1) research continues to reveal that-- (A) there is a strong link between diet and health; and (B) diet-related diseases start early in life; (2)(A) increased caloric intake is a key factor contributing to the alarming increase in obesity in the United States; (B) according to the Centers for Disease Control and Prevention, \2/3\ of American adults are overweight or obese, and the rates of obesity have doubled in children and tripled in teens since 1980; (C) obesity increases the risk of diabetes, heart disease, stroke, several types of cancer, and other health problems; and (D) the annual cost of obesity to families, businesses, and governments in the United States is $117,000,000,000; (3) over the past 2 decades, there has been a significant increase in the number of meals prepared or eaten outside the home, with an estimated \1/3\ of calories and almost half of total food dollars being spent on food purchased from or eaten at restaurants and other food-service establishments; (4)(A) excess saturated fat intake is a major risk factor for heart disease, which is the leading cause of death in the United States; and (B) heart disease is a leading cause of disability among working adults and its impact on the United States economy is significant, estimated in 2005 to total $142,000,000,000 in healthcare expenditures and lost productivity; (5)(A) increased sodium intake is associated with increased risk of high blood pressure, or hypertension, a condition that can lead to cardiovascular disease, especially stroke; and (B) the proportion of adults with high blood pressure is 45 percent at age 50, 60 percent at age 60, and more than 70 percent at age 70; (6) the Nutrition Labeling and Education Act of 1990 (Public Law 101-535) requires food manufacturers to provide nutrition information on almost all packaged foods, however, restaurant foods are exempt from those requirements unless a nutrient content or health claim is made for a menu item; (7) about 75 percent of adults report using food labels on packaged foods, which is associated with eating more healthful diets, and approximately half of people report that the nutrition information on food labels has caused them to change their minds about buying a food product; (8) it is difficult for consumers to limit their intake of calories at restaurants, given the limited availability of nutrition information; (9) studies show that consumers would like nutrition information to be provided at the time of ordering their food at a restaurant, at the point of the sale, so as to enable them to make an educated decision regarding what to order; and (10) a call to action from the Surgeon General and Secretary of Health and Human Services recommends that, to reduce the incidence of obesity, there be increased availability of nutrition information for foods eaten and prepared away from home. SEC. 3. NUTRITION LABELING OF STANDARD MENU ITEMS AT CHAIN RESTAURANTS. Section 403(q)(5) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(5)) is amended-- (1) in clause (A)-- (A) in subclause (i), by inserting ``except as provided in clauses (H) and (I),'' before ``which'' the first place it appears; and (B) in subclause (ii), by inserting ``except as provided in clauses (H) and (I),'' before ``which'' the first place it appears; and (2) by adding at the end the following: ``(H) Restaurants and Retail Food Establishments.-- ``(i) In general.--Except for food described in subclause (iii), in the case of food that is served, processed, or prepared in a restaurant or similar retail food establishment that is part of a chain with 20 or more locations doing business under the same trade name (regardless of the type of ownership of the locations), the restaurant or establishment shall disclose the information described in subclause (ii). ``(ii) Information required to be disclosed.--Except as provided in subclause (iii), the establishment shall disclose-- ``(I)(aa) in a statement adjacent to the name of the food on any menu listing the food for sale, or by any other means deemed equivalent by the Secretary, the number of calories, grams of saturated fat plus trans fat, and milligrams of sodium contained in a standard serving of the food, as usually offered for sale, in a clear and conspicuous manner; and ``(bb) information, specified by the Secretary by regulation, designed to enable the public to understand, in the context of a total daily diet, the significance of the nutrition information that is provided; and ``(II) in a statement adjacent to the name of the food on any menu board or other sign listing the food for sale, or by any other means deemed equivalent by the Secretary-- ``(aa) the number of calories contained in a serving of the food, as usually offered for sale, in a clear and conspicuous manner; and ``(bb) notification that the information required by subitems (aa) and (bb) of item (I) shall be provided in writing at the request of a prospective purchaser. ``(iii) Nonapplicability to certain food.--This clause does not apply to-- ``(I) items that are not listed on a menu or menu board (such as condiments and other items placed on the table or counter for general use); or ``(II) daily specials, temporary menu items, or other irregular menu items, as specified by the Secretary by regulation. ``(iv) Self-service facilities.--In the case of food sold at a salad bar, buffet line, cafeteria line, or similar self- service facility, a restaurant or other establishment shall place a sign that lists calories per standard serving adjacent to each food offered. ``(v) Voluntary provision of nutrition information; state regulation of nutrition information for restaurant food.-- ``(I) Retail food establishments.--Nothing in this clause precludes a restaurant or similar retail food establishment from providing additional nutrition information, voluntarily, if the information complies with the nutrition labeling requirements contained in this subparagraph. ``(II) State or local requirements.--Nothing in this clause precludes a State or political subdivision of a State from requiring that a restaurant or similar food establishment provide nutrition information in addition to that required under this clause. ``(vi) Regulations.-- ``(I) Proposed regulation.--Not later than 1 year after the date of enactment of this clause, the Secretary shall promulgate proposed regulations to carry out this clause. ``(II) Contents.--The regulations shall allow for the variations in serving sizes and in food preparation that can reasonably be expected to result from inadvertent human error, training of food service workers, and other factors. ``(III) Final regulations.--Not later than 2 years after the date of enactment of this clause, the Secretary shall promulgate final regulations to implement this clause. ``(IV) Failure to promulgate final regulations by required date.--If the Secretary does not promulgate final regulations under item (III) by the date that is 2 years after the date of enactment of this clause-- ``(aa) the proposed regulations issued in accordance with item (I) shall become effective as the final regulations on the day after that date; and ``(bb) the Secretary shall publish in the Federal Register notice of the final regulations. ``(I) Vending Machines.-- ``(i) In general.--In the case of an article of food sold from a vending machine that-- ``(I) does not permit a prospective purchaser to examine the article so as to be able to read a statement affixed to the article before purchasing the article; and ``(II) is operated by a person that is engaged in the business of owning and operating 20 or more vending machines; the vending machine operator shall provide a conspicuous sign in close proximity to the article that includes a statement disclosing the number of calories contained in the article. ``(ii) Voluntary provision of nutrition information; state regulation of nutrition information for vending machines.-- ``(I) Vending machine operators.--Nothing in this clause precludes a vending machine operator from providing additional nutrition information, voluntarily, if the information complies with the nutrition labeling requirements contained in this subparagraph. ``(II) State or local requirements.--Nothing in this title precludes a State or political subdivision of a State from requiring that a vending machine operator provide nutrition information in addition to that required under this clause. ``(iii) Regulations.-- ``(I) Proposed regulation.--Not later than 1 year after the date of enactment of this clause, the Secretary shall promulgate proposed regulations to carry out this clause. ``(II) Final regulations.--Not later than 2 years after the date of enactment of this clause, the Secretary shall promulgate final regulations to implement this clause. ``(III) Failure to promulgate final regulations by required date.--If the Secretary does not promulgate final regulations under item (II) by the date that is 2 years after the date of enactment of this clause-- ``(aa) the proposed regulations issued in accordance with item (I) shall become effective as the final regulations on the day after that date; and ``(bb) the Secretary shall publish in the Federal Register notice of the final regulations.''.

Howard M. Metzenbaum Menu Education and Labeling Act or the MEAL Act - Amends the Federal Food, Drug and Cosmetic Act to require restaurants that are a part of a chain with 20 or more locations doing business under the same trade name to disclose: (1) in a statement adjacent to each menu item, the number of calories, grams of saturated fat plus trans fat, and milligrams of sodium in a standard food serving; (2) other information designed to enable the public to understand the significance of the nutrition information provided in the context of a total daily diet; (3) that such information shall be provided in writing upon request; and (4) in a statement adjacent to the name of the food on a menu board, the number of calories in a serving of the food. Exempts condiments, items placed on a table or counter for general use, daily specials, temporary menu items, and irregular menu items from these requirements. Requires restaurants that sell self-serve food, such as through salad bars or buffet lines, to place a sign that lists the number of calories per standard serving adjacent to each food offered. Permits retail food establishments to voluntarily provide, and states to require, additional nutritional information. Requires vending machine operators to provide a conspicuous sign disclosing the number of calories in each item of food offered.

SECTION 1. SHORT TITLE. This Act may be cited as the ``10,000 Trained by 2011 Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the National Science Foundation has long been a government leader in strengthening our Nation's information infrastructure; (2) as automation and digitization penetrate additional industries, they will need to draw heavily on the expertise of researchers funded by the National Science Foundation for the collection, processing, and utilization of information; (3) the National Science Foundation's basic research, demonstrations, and curriculum development assistance are all required to help make sure industry has the knowledge, procedures, and workforce necessary to take full advantage of advanced communications and information technology; (4) information management is growing in importance with projected growth of 49 percent by 2010 in some major sectors related to biology; and (5) no systematic plan exists for designing and implementing systems and information tools and for ensuring that major segments of the United States workforce can make the transition to the information age. SEC. 3. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Science Foundation. (2) Information.--The term ``information'' means information in those segments of the United States economy where the Federal Government plays a significant role and where a transition is underway to the use of digital data. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning give that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). SEC. 4. NATIONAL SCIENCE FOUNDATION RESEARCH. (a) Grants.-- (1) In general.--The Director, in consultation with the heads of other Federal agencies as appropriate, shall award grants for basic research on innovative approaches to improve information systems. Research areas may include-- (A) information studies; (B) population informatics; (C) translational informatics; and (D) data security, integrity, and confidentiality. (2) Merit review; competition.--Grants shall be awarded under this section on a merit-reviewed, competitive basis. (3) Authorization of appropriations.--There are authorized to be appropriated to the National Science Foundation to carry out this subsection-- (A) $3,500,000 for fiscal year 2008; (B) $3,600,000 for fiscal year 2009; (C) $3,700,000 for fiscal year 2010; and (D) $3,800,000 for fiscal year 2011. (b) Informatics Research Centers.-- (1) In general.--The Director, in consultation with the heads of other Federal agencies as appropriate, shall award multiyear grants, subject to the availability of appropriations, to institutions of higher education (or consortia thereof) to establish multidisciplinary Centers for Informatics Research. Institutions of higher education (or consortia thereof) receiving such grants may partner with one or more government laboratories, for-profit institutions, or nonprofit institutions. (2) Merit review; competition.--Grants shall be awarded under this subsection on a merit-reviewed, competitive basis. (3) Purpose.--The purpose of the Centers shall be to generate innovative approaches in information by conducting cutting-edge, multidisciplinary research, including in the research areas described in subsection (a)(1). (4) Applications.--An institution of higher education (or a consortium thereof) seeking funding under this subsection shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include, at a minimum, a description of-- (A) the research projects that will be undertaken by the Center and the contributions of each of the participating entities; (B) how the Center will promote active collaboration among professionals from different disciplines, such as information technology specialists, scientists and other professionals in fields transitioning to dependence on digital information, administrators, and social science researchers; and (C) how the Center will contribute to increasing the number of information researchers and other professionals. (5) Criteria.--In evaluating the applications submitted under paragraph (4), the Director shall consider, at a minimum-- (A) the ability of the applicant to generate innovative approaches to information and effectively carry out the research program; (B) the experience of the applicant in conducting research in the information field, and the capacity of the applicant to foster new multidisciplinary collaborations; (C) the capacity of the applicant to attract and provide adequate support for undergraduate and graduate students to pursue information research; and (D) the extent to which the applicant will partner with government laboratories or for-profit or nonprofit entities, and the role the government laboratories or for-profit or nonprofit entities will play in the research undertaken by the Center. (6) Annual meeting.--The Director shall convene an annual meeting of the Centers in order to foster collaboration and communication between Center participants. (7) Authorization of appropriations.--There are authorized to be appropriated for the National Science Foundation to carry out this subsection-- (A) $4,500,000 for fiscal year 2008; (B) $4,600,000 for fiscal year 2009; (C) $4,700,000 for fiscal year 2010; and (D) $4,800,000 for fiscal year 2011. SEC. 5. NATIONAL SCIENCE FOUNDATION INFORMATION PROGRAMS. (a) Capacity Building Grants.-- (1) In general.--The Director, in consultation with the heads of other Federal agencies as appropriate, shall establish a program to award grants to institutions of higher education (or consortia thereof) to establish or improve undergraduate and master's degree information programs, to increase the number of students who pursue undergraduate or master's degrees in information fields, to provide students with experience in government or industry related to their information studies, and, to the extent practicable, to do so using distance learning. (2) Merit review; competition.--Grants shall be awarded under this subsection on a merit-reviewed, competitive basis. (3) Use of funds.--Grants awarded under this subsection shall be used for activities that enhance the ability of an institution of higher education (or consortium thereof) to provide high-quality information education, including certification and undergraduate and master's degree programs, and to recruit and retain increased numbers of students to such programs. Activities may include-- (A) developing and revising curriculum to better prepare undergraduate and master's degree students for careers in the information field; (B) establishing degree and certificate programs in the information field; (C) creating opportunities in information research for undergraduate students; (D) acquiring equipment necessary for student instruction in these programs, including the installation of testbed networks for student use; (E) providing opportunities for faculty to work with State, local, or Federal Government agencies, private industry, and other academic institutions to develop new expertise or to formulate new information research directions; (F) collaborating with other academic institutions or departments that seek to establish, expand, or enhance these programs; (G) establishing student internships for students in these programs at State, local, and Federal Government agencies, in private industry, and in nonprofit institutions; (H) establishing or enhancing bridge programs in information fields between community colleges and universities; and (I) any other activities the Director, in consultation with the heads of other Federal agencies as appropriate, determines will achieve the purposes described in paragraph (1). (4) Selection process.-- (A) Application.--An institution of higher education (or a consortium thereof) seeking funding under this subsection shall submit an application to the Director at such time, in such manner, and with such contents as the Director may require. The application shall include, at a minimum-- (i) a description of the applicant's relevant research and instructional capacity, and in the case of an application from a consortium of institutions of higher education, a description of the role that each member will play in implementing the proposal; (ii) a comprehensive plan by which the institution or consortium will build instructional capacity in information fields; (iii) a description of relevant collaborations with State, local, or Federal Government agencies or private industry that inform the instructional program; (iv) a survey of the applicant's historic student enrollment and placement data and a study of potential enrollment and placement for students enrolled in the proposed program; and (v) a plan to evaluate the success of the proposed program, including postgraduate assessment of graduate school and job placement and retention rates as well as the relevance of the instructional program to graduate study and to the workplace. (B) Awards.--The Director shall ensure, to the extent practicable, that grants are awarded under this subsection in a wide range of geographic areas and categories of institutions of higher education. (5) Assessment required.--The Director, in consultation with the heads of other Federal agencies as appropriate, shall evaluate the program established under this subsection no later than 3 years after the establishment of the program. At a minimum, the Director shall evaluate the extent to which the grants have achieved their objectives of increasing the quality and quantity of students pursuing undergraduate or master's degrees in information fields. The Director shall make this assessment publicly available. (6) Authorization of appropriations.--There are authorized to be appropriated to the National Science Foundation to carry out this subsection-- (A) $9,000,000 for fiscal year 2008; (B) $9,200,000 for fiscal year 2009; (C) $9,400,000 for fiscal year 2010; and (D) $9,600,000 for fiscal year 2011. (b) Scientific and Advanced Technology Act of 1992.-- (1) Grants.--The Director shall provide grants under the Scientific and Advanced Technology Act of 1992 for the purposes of section 3(a) and (b) of that Act, except that the activities supported pursuant to this subsection shall be limited to improving education in fields related to information. (2) Authorization of appropriations.--There are authorized to be appropriated to the National Science Foundation to carry out this subsection-- (A) $7,000,000 for fiscal year 2008; (B) $7,200,000 for fiscal year 2009; (C) $7,400,000 for fiscal year 2010; and (D) $7,600,000 for fiscal year 2011. SEC. 6. REPORT ON STANDARDIZATION OF MEASURES RELATED TO DIGITAL INFORMATION. Not later than 120 days after the date of enactment of this Act, the Director of the National Institute of Standards and Technology shall report to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on its efforts related to informatics, including standards harmonization, research, and technical support that relates to the work of standards development organizations who are developing and maintaining informatics standards, and its efforts in support of executive orders related to digitization and informatics. The report shall also include timetables for the promulgation of information standards, a description of the major challenges in reaching the point at which these standards can be promulgated, efforts that should be taken to ensure that the digital information is usable by scientists and researchers, and, consistent with Public Law 104-113, a description of those actions that the National Institute of Standards and Technology could take to ensure that these standards are both robust and timely.

10,000 Trained by 2011 Act - Requires the National Science Foundation (NSF) to award competitive grants for basic research on innovative approaches to improve information systems, as well as for scientific and engineering activities to improve education in information fields. Requires the award of NSF grants also to institutions of higher education to: (1) establish multidisciplinary Centers for Informatics Research for conducting cutting-edge, multidisciplinary research to generate innovative approaches in information; and (2) establish or improve undergraduate and master's degree information programs, attract students to such programs, and provide them with experience in government or industry related to their studies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Young Victims from Sexual Abuse Act of 2017''. SEC. 2. REQUIRED REPORTING OF CHILD AND SEXUAL ABUSE AT FACILITIES UNDER THE JURISDICTION OF AMATEUR SPORTS ORGANIZATIONS RECOGNIZED BY THE UNITED STATES OLYMPIC COMMITTEE. (a) Reporting Requirement.--Section 226 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13031) is amended-- (1) in subsection (a)-- (A) by striking ``A person who'' and inserting the following: ``(1) Covered professionals.--A person who''; and (B) by adding at the end the following: ``(2) Covered individuals.--A covered individual who learns of facts that give reason to suspect that a child has suffered an incident of child abuse shall as soon as possible make a report of the suspected abuse to the agency designated by the Attorney General under subsection (d).''; (2) in subsection (b), in the matter preceding paragraph (1), by striking ``subsection (a)'' and inserting ``subsection (a)(1)''; (3) in subsection (c)-- (A) in paragraph (7), by striking ``and'' at the end; (B) in paragraph (8), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(9) the term `covered individual' means an adult who is authorized by a national governing body or a member of a national governing body to interact with a minor or amateur athlete at an amateur sports organization facility or at any event sanctioned by a national governing body or a member of a national governing body; ``(10) the term `event' includes travel, practice, competition, and health or medical treatment; and ``(11) the terms `amateur athlete', `amateur sports organization', and `national governing body' have the meanings given such terms in section 220501(b) of title 36, United States Code.''; (4) in subsection (d), in the first sentence, by inserting ``and for all covered facilities'' after ``reside''; (5) in subsection (f), in the first sentence-- (A) by striking ``and on all'' and inserting ``on all''; and (B) by inserting ``and for all covered facilities,'' after ``lands,''; (6) in subsection (h), by inserting ``and all covered individuals,'' after ``facilities,''; and (7) by adding at the end the following: ``(i) Rule of Construction.--Nothing in this section shall be construed to require a victim of child abuse to self-report the abuse.''. (b) Penalty for Failure to Report.--Section 2258 of title 18, United States Code, is amended by inserting after ``facility,'' the following: ``or a covered individual (as described in subsection (a)(2) of such section 226) who''. SEC. 3. CIVIL REMEDY FOR PERSONAL INJURIES. Section 2255 of title 18, United States Code, is amended-- (1) by striking subsection (a) and inserting the following: ``(a) In General.--Any person who, while a minor, was a victim of a violation of section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may sue in any appropriate United States District Court and shall recover the actual damages such person sustains or liquidated damages in the amount of $150,000, and the cost of the action, including reasonable attorney's fees and other litigation costs reasonably incurred. The court may also award punitive damages and such other preliminary and equitable relief as the court determines to be appropriate.''; (2) in subsection (b), by striking ``filed within'' and all that follows through the end and inserting the following: ``filed-- ``(1) not later than 10 years after the date on which the plaintiff reasonably discovers the later of-- ``(A) the violation that forms the basis for the claim; or ``(B) the injury that forms the basis for the claim; or ``(2) not later than 10 years after the date on which a legal disability ends.''; and (3) by adding at the end the following: ``(c) Venue; Service of Process.-- ``(1) Venue.--Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28. ``(2) Service of process.--In an action brought under subsection (a), process may be served in any district in which the defendant-- ``(A) is an inhabitant; or ``(B) may be found.''. SEC. 4. EXPANSION OF AUTHORITIES AND DUTIES OF AMATEUR SPORTS ORGANIZATIONS RECOGNIZED BY THE UNITED STATES OLYMPIC COMMITTEE TO PREVENT THE ABUSE OF MINOR AND AMATEUR ATHLETES. (a) Expansion of Authorities.--Section 220523(a) of title 36, United States Code, is amended-- (1) in paragraph (6), by striking ``; and'' and inserting a semicolon; (2) in paragraph (7), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(8) develop training, oversight practices, policies, and procedures to prevent the abuse, including physical abuse and sexual abuse, of any minor or amateur athlete by any adult.''. (b) Additional Duties.--Section 220524 of such title is amended-- (1) by inserting ``(a) In General.--'' before ``For the sport''; (2) in paragraph (8), by striking ``; and'' and inserting a semicolon; (3) in paragraph (9), by striking the period and inserting a semicolon; and (4) by adding at the end the following: ``(10) develop and enforce policies, mechanisms, and procedures to prevent the abuse, including physical abuse and sexual abuse, of any minor or amateur athlete, including-- ``(A) requiring all adults authorized by a national governing body or a member of a national governing body to interact with a minor or amateur athlete at an amateur sports organization facility or at any event sanctioned by a national governing body or a member of a national governing body, to report facts that give reason to suspect child abuse, including sexual abuse, as required by relevant Federal or State law, to law enforcement authorities and other appropriate authorities, including an entity designated by the corporation to investigate and resolve such allegations; ``(B) establishing a mechanism, approved by a trained expert on child abuse, that allows an individual to easily report an incident of child abuse as described in subparagraph (A) to the national governing body or another authority, including an entity designated by the corporation; ``(C) reasonable procedures designed to avoid one- on-one interactions between an amateur athlete who is a minor and an adult (who is not the minor's legal guardian) at an amateur sports organization facility, at any event sanctioned by a national governing body, or any event sanctioned by a member of a national governing body, without being observable or interruptible by another adult, except where the safety and welfare of the minor requires; ``(D) oversight procedures, including regular and random audits, not to exceed once a year, conducted by subject matter experts unaffiliated with the national governing body, of all members and adults described in subparagraph (A) to ensure that policies and procedures developed under this paragraph are followed correctly and that consistent training is offered and given to all members regarding prevention of sexual abuse; and ``(E) requiring dedicated information and resources, which may include sexual assault hotlines and victims' support resources, to be clearly listed on the national governing body's official website; and ``(11) in the case of a national governing body with jurisdiction over more than one amateur sports organization facility or event, establish a mechanism by which-- ``(A) the national governing body can-- ``(i) receive a report of suspected sexual misconduct by an adult authorized by a national governing body or a member of a national governing body to interact with a minor or amateur athlete at an amateur sports organization facility or at any event sanctioned by a national governing body or a member of a national governing body; and ``(ii) confidentially share a report received under clause (i) with each of the other amateur sports organizations, facilities, or members under the jurisdiction of the national governing body; and ``(B) an amateur sports organization, facility, or member under the jurisdiction of the national governing body can-- ``(i) review the reports received by the national governing body under subparagraph (A)(i) to assess any allegations of sexual misconduct made in such reports; and ``(ii) withhold providing to an adult who is the subject of an allegation of sexual misconduct in a report reviewed under clause (i) authority to interact with a minor or amateur athlete at such organization, facility, or event until the resolution of such allegation. ``(b) Limited Liability for the United States Olympic Committee, National Governing Bodies, and an Entity Designated by the United States Olympic Committee to Investigate and Resolve Sexual Misconduct Allegations.-- ``(1) In general.--Except as provided in paragraphs (2), no civil or criminal action may be brought in any Federal or State court against the United States Olympic Committee, a national governing body, or an amateur sports organization, facility, or event under the jurisdiction of a national governing body, or an entity designated by the United States Olympic Committee to investigate and resolve sexual misconduct allegations described in subsection (a)(11), including any director, officer, employee, or agent of such entity, if the action arises from the execution of the responsibilities or functions described in subsection (a)(11). ``(2) Intentional, reckless, or other misconduct.-- Paragraph (1) shall not apply to a civil or criminal action if the United States Olympic Committee, a national governing body, an amateur sports organization, facility, or event under the jurisdiction of a national governing body, or an entity designated by the United States Olympic Committee to investigate and resolve sexual misconduct allegations described in subsection (a)(11), or a director, officer, employee, or agent of such entity acted or failed to act-- ``(A) with reckless disregard for a risk of causing injury; or ``(B) for a purpose unrelated to the performance of any responsibility or function described in subsection (a)(11). ``(3) Limited effect.--Nothing in this section shall apply to any act or omission arising out of any responsibility or function not described in subsection (a)(11).''. (c) Rule of Construction.--Section 220522 of such title is amended by adding at the end the following: ``(c) Rule of Construction.--Nothing in subsection (a) shall be construed to limit the ability of a national governing body to develop a policy or procedure to prevent an individual who is the subject of an allegation of sexual misconduct from interacting with a minor or amateur athlete until such time as the national governing body, or an entity with applicable jurisdiction resolves such allegation.''. (d) Review of Recognition of Amateur Sports Organizations as National Governing Bodies.--Section 220521(d) of title 36, United States Code, is amended by striking ``may'' each place it appears and inserting ``shall''. Passed the House of Representatives May 25, 2017. Attest: KAREN L. HAAS, Clerk.

Protecting Young Victims from Sexual Abuse Act of 2017 (Sec. 2) This bill amends the Victims of Child Abuse Act of 1990 to extend the duty to report suspected child abuse to adults who are authorized to interact with minor or amateur athletes at an amateur sports organization facility or at an event sanctioned by a national governing body (NGB) or member of an NGB. An NGB is an amateur sports organization that is recognized by the International Olympic Committee. An authorized adult who fails to report suspected child abuse is subject to criminal penalties. (Sec. 3) The bill amends the federal criminal code to revise civil remedy provisions for a victim of a human trafficking offense or federal sex offense. Among other things, it changes the civil statute of limitations to 10 years from the date the victim reasonably discovers the violation or injury (currently, 10 years from the date the cause of action arose). The bill also extends the statute of limitations for a minor victim of a federal sex offense to file a civil action to 10 years (currently, 3 years) from the date such individual reaches age 18. (Sec. 4) Finally, the bill amends the Amateur Sports Act of 1978: to expand the authorities and duties of NGBs to prevent, report, and respond to the abuse of minor or amateur athletes; to limit the civil and criminal liability of the U.S. Olympic Committee, an NGB, or an amateur sport organization in certain circumstances; to prohibit construing certain provisions to limit the ability of an NGB to prevent interactions between an alleged abuser and an amateur athlete; and to require (currently, authorize) the U.S. Olympic Committee to review an NGB's certification.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Government Interstate Waste Control Act''. SEC. 2. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE. (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding at the end the following new section: ``SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE. ``(a) Restriction on Receipt of Out-Of-State Waste.-- ``(1) In general.-- ``(A) Authorization.--Subject to subsections (b) and (e), the owner or operator of a facility that is a landfill or incinerator in a State may not receive for disposal or incineration any out-of-State municipal solid waste unless the owner or operator obtains authorization to receive the waste from the affected local government. ``(B) Requirements for authorization.--An authorization granted pursuant to subparagraph (A) shall be-- ``(i) granted by formal action at a meeting; ``(ii) recorded in writing in the official record of the meeting; and ``(iii) final. ``(2) Information.--Prior to taking formal action with respect to granting authorization to receive out-of-State municipal solid waste pursuant to this subsection, an affected local government shall require the owner or operator of the facility seeking the authorization to provide the following information (which the government shall make readily available to the Governor of the State, each adjoining local government and Indian tribe, and any other interested person for inspection and copying): ``(A) A brief description of the facility, including the size of, ultimate waste capacity of, and the anticipated monthly and yearly quantities (expressed in terms of volume) of waste to be handled by-- ``(i) the facility as in existence on the date of provision of the information; and ``(ii) the facility, including any planned expansion. ``(B) A map of the facility site indicating location in relation to the local road system and topography and hydrogeological features. The map shall indicate any buffer zones to be acquired by the owner or operator as well as all facility units. ``(C) A description of the environmental characteristics of the site, as in existence on the date of provision of the information, including information regarding ground water resources, and a discussion of alterations in the characteristics of the site that may be necessitated by, or occur as a result of, the facility. ``(D) A description of appropriate environmental controls to be used on the site, including runon or runoff management (or both), air pollution control devices, source separation procedures (if any) methane monitoring and control, landfill covers, liners or leachate collection systems, and monitoring programs. In addition, the description shall include a description of any waste residuals generated by the facility, including leachate or ash, and the planned management of the residuals. ``(E) A description of site access controls to be employed, and roadway improvements to be made, by the owner or operator, and an estimate of the timing and extent of increased local truck traffic. ``(F) A list of all required Federal, State, and local permits. ``(G) Estimates of the personnel requirements of the facility, including information regarding the probable skill and education levels required for jobs at the facility. To the extent practicable, the information shall distinguish between employment statistics for skill and education levels required prior to operation of the facility, and the statistics for the levels required on or after the first day of operation of the facility. ``(H) Any information that is required by State law to be provided with respect to any violation of environmental laws (including regulations) by the owner, the operator, and any subsidiary of the owner or operator, the disposition of enforcement proceedings taken with respect to the violation, and corrective action and rehabilitation measures taken as a result of the proceedings. ``(I) Any information that is required by State law to be provided with respect to gifts and contributions made by the owner and operator. ``(J) Any information that is required by State law to be provided by the owner or operator with respect to compliance by the owner or operator with the State solid waste management plan in effect pursuant to section 4007. ``(3) Notification prior to formal action.--Prior to taking formal action with respect to granting authorization to receive out-of-State municipal solid waste pursuant to this subsection, an affected local government shall-- ``(A) notify the Governor, adjoining local governments, and any adjoining Indian tribes, of the proposed action; ``(B)(i) publish notice of the action in a newspaper of general circulation at least 30 days before holding a hearing and again at least 15 days before holding the hearing; or ``(ii) if State law provides for an alternative form of public notification, provide such notification concerning the action; and ``(C) provide an opportunity for public comment on the action, including at least 1 public hearing, in accordance with State law. ``(4) Notification of action.--The local government shall notify the Governor, adjoining local governments, and any adjoining Indian tribes of an authorization granted under this subsection. ``(b) Limitations and Applicability.-- ``(1) Landfills and incinerators in operation or under construction.--Subsection (a) shall not apply to an operator of a facility that is a landfill or incinerator with respect to the landfill or incinerator if-- ``(A)(i) during the 1-year period preceding the date of enactment of this section, the owner or operator received at the landfill or incinerator, in accordance with State law (as in effect during the 1- year period), documented shipments (within the meaning of paragraph (2)) of out-of-State municipal solid waste; or ``(ii) before the date of enactment of this section, entered into a host agreement or otherwise obtained legally binding, documented authorization from the affected local government to accept out-of-State municipal solid waste; and ``(B)(i) with respect to a landfill, the landfill is in compliance with all applicable Federal and State laws (including regulations) relating to design and location standards, leachate collection, ground water monitoring, and financial assurance for closure and post-closure care and corrective action; or ``(ii) with respect to an incinerator, the incinerator is in compliance with the applicable requirements of section 129 of the Clean Air Act (42 U.S.C. 7429) and applicable State laws and regulations relating to facility design. ``(2) Documentation of shipment.--For purposes of paragraph (1)(A)(i), a shipment of municipal solid waste shall be considered a documented shipment if the owner or operator of the landfill or incinerator concerned provides documentation of the shipment (including the quantity, time, and place of the shipment) to the Governor of the State in which the landfill or incinerator is located. ``(c) Authority of Governor To Restrict Out-of-State Municipal Solid Waste Disposed Of at Landfills.-- ``(1) In general.-- ``(A) Limitations on exempted landfills.-- ``(i) In general.--In response to a written request by each of an affected local government and an affected local solid waste planning unit (if the local solid waste planning unit exists under State law), a Governor may limit the quantity of out-of-State municipal solid waste received for disposal, during a 1-year period, at a landfill described in clause (ii) to a quantity equal to the quantity of out-of-State municipal solid waste received for disposal at the landfill during the 1-year period preceding the date of enactment of this section. ``(ii) Landfill.--The landfill referred to in clause (i) shall be a landfill in the State, the owner or operator of which is exempt, under subsection (b), from the requirements of subsection (a) on the basis of receiving shipments as describe in subsection (b)(1)(A)(i). ``(B) Procedureal requirements for request.--Prior to submitting a request under this subsection to limit the disposal of out-of-State municipal solid waste, an affected local government and the affected local solid waste planning unit, if any, shall-- ``(i) provide notice and an opportunity for public comment concerning the proposed request; and ``(ii) after providing the notice and opportunity for public comment, take formal action concerning the proposed request at a public meeting. ``(2) Response by governor.--With respect to request made by affected local governments under paragraph (1)(A), the Governor shall respond in a consistent manner that does not discriminate against any-- ``(A) particular landfill within the State; or ``(B) shipment of out-of-State municipal solid waste on the basis of State of origin. ``(3) Limitation on authority of governor.--A Governor may not exercise the authority granted under this subsection if the action would be inconsistent with State law or would result in the violation of or failure to perform any provision of a written, legally binding contract for disposal of out-of-State municipal solid waste at a landfill executed prior to the date of enactment. ``(d) Existing Agreements.-- ``(1) In general.--Nothing in this section is intended to affect an agreement in effect on the date of enactment of this section or other State law in effect on the date of enactment of this section (except as expressly provided otherwise in this section). ``(2) Availability of contracts.--The owner or operator of a landfill or incinerator that is exempt, under subsection (b), from the requirements of subsection (a), shall make available for inspection by the public, in the affected local community, a copy of each contract that the owner or operator has entered into for the disposal of out-of-State municipal solid waste at that landfill or incinerator. The owner or operator may redact any proprietary information contained in such a copy of a contract, but shall ensure that at least information relating to the volume of out-of-State municipal solid waste to be received, the source of the waste, and the duration of the contract, is apparent in the copy. ``(e) Applicability.-- ``(1) In general.--Except as provided in paragraph (2), this section applies in and to each State. ``(2) Rejection of applicability.--A State may exercise the option to become exempt from the requirements of this section if the State-- ``(A) notifies the Administrator (in a manner prescribed by the Administrator) that the State is exercising the option; and ``(B) in taking any appropriate action to reject the applicability of this section, makes specific reference to this section. ``(3) Acknowledgement of exemption.--On receipt of a notification by a State pursuant to a paragraph (2)(A), the Administrator shall take such action as is appropriate to acknowledge the exemption of the State from the requirements of this section. ``(f) Definitions.--As used in this section: ``(1) Affected local government.--The term `affected local government', used with respect to a landfill or incinerator, means the elected officials of the city, town, borough, county, or parish, with primary jurisdiction over the use of the land on which the facility is located or proposed to be located. ``(2) Affected local solid waste planning unit.--The term `affected local solid waste planning unit' means a political subdivision of a State with authority relating to solid waste management planning in accordance with State law. ``(3) Host agreement.--The term `host agreement' means a written, legally binding agreement, lawfully entered into between an owner or operator of a landfill or incinerator and an affected local government that authorizes the landfill or incinerator to receive municipal solid waste generated outside the jurisdiction of the affected local government. ``(4) Municipal solid waste.-- ``(A) In general.--The term `municipal solid waste' means solid waste that is refuse (or refuse-derived fuel) generated by the general public or from residential, commercial institutional, or industrial sources and that consists of paper, wood, yard wastes, food wastes, plastics, leather, rubber, or other combustible materials or noncombustible materials such as metal, glass, and rock. ``(B) Exclusions.--The term does not include-- ``(i) hazardous waste or waste containing polychlorinated biphenyls; ``(ii) industrial waste; ``(iii) medical waste; ``(iv) recyclable materials that have been separated from waste otherwise destined for disposal (either at the source of the waste or at processing facilities) or that have been managed separately from waste destined for disposal; and ``(v) materials and products returned from a dispenser or distributor to the manufacturer or an agent of the manufacturer for credit, evaluation, and possible reuse. ``(5) Out-of-state municipal solid waste.--The term `out- of-State municipal solid waste', used with respect to a State, means municipal solid waste generated outside of the State. ``(6) Owner or operator.--The term `owner or operator', used with respect to a landfill or incinerator, does not include-- ``(A) a State or affected local government that owns or operates the landfill or incinerator, if the facility is located within the jurisdiction of the State or the affected local government; or ``(B) a person who owns or operates a facility, if the facility receives only waste generated by the person.''. (b) Table of Contents Amendment.--The table of contents of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding at the end of the items relating to subtitle D the following new item: ``Sec. 4011. Interstate transportation and disposal of municipal solid waste.''.

Local Government Interstate Waste Control Act - Amends the Solid Waste Disposal Act to prohibit, with exceptions, receipt by owners or operators of landfills or incinerators in a State of out-of-State municipal solid waste without authorization from the affected local government. Sets forth requirements for provision of facility information to the local government by the owner or operator. Exempts from this Act's prohibition operators of landfills or incinerators if: (1) the facility received documented shipments of such waste during the year preceding enactment of this Act in accordance with State law or, before enactment, entered into a host agreement or other legally binding, documented (and publicly available) authorization to receive such waste; (2) in the case of a landfill, the facility is in compliance with Federal and State laws relating to design and location standards, leachate collection, groundwater monitoring, and financial assurance for closure and post-closure and corrective action; and (3) in the case of an incinerator, the facility is in compliance with Clean Air Act performance standards and State laws relating to facility design. Provides procedures to permit State Governors, if requested by an affected local government, to limit for a one-year period the quantity of out-of-State waste received at excepted landfills to the quantity received during the year preceding enactment of this Act. Allows a State to exercise an option to exempt itself from the requirements of this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Custody Protection Act''. SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 117 the following: ``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION ``Sec. ``2431. Transportation of minors in circumvention of certain laws relating to abortion. ``Sec. 2431. Transportation of minors in circumvention of certain laws relating to abortion ``(a) Offense.-- ``(1) Generally.--Except as provided in subsection (b), whoever knowingly transports an individual who has not attained the age of 18 years across a State line, with the intent that such individual obtain an abortion, and thereby in fact abridges the right of a parent under a law requiring parental involvement in a minor's abortion decision, in force in the State where the individual resides, shall be fined under this title or imprisoned not more than one year, or both. ``(2) Definition.--For the purposes of this subsection, an abridgement of the right of a parent occurs if an abortion is performed on the individual, in a State other than the State where the individual resides, without the parental consent or notification, or the judicial authorization, that would have been required by that law had the abortion been performed in the State where the individual resides. ``(b) Exceptions.--(1) The prohibition of subsection (a) does not apply if the abortion was necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself. ``(2) An individual transported in violation of this section, and any parent of that individual, may not be prosecuted or sued for a violation of this section, a conspiracy to violate this section, or an offense under section 2 or 3 based on a violation of this section. ``(c) Affirmative Defense.--It is an affirmative defense to a prosecution for an offense, or to a civil action, based on a violation of this section that the defendant reasonably believed, based on information the defendant obtained directly from a parent of the individual or other compelling facts, that before the individual obtained the abortion, the parental consent or notification, or judicial authorization took place that would have been required by the law requiring parental involvement in a minor's abortion decision, had the abortion been performed in the State where the individual resides. ``(d) Civil Action.--Any parent who suffers legal harm from a violation of subsection (a) may obtain appropriate relief in a civil action. ``(e) Definitions.--For the purposes of this section-- ``(1) a law requiring parental involvement in a minor's abortion decision is a law-- ``(A) requiring, before an abortion is performed on a minor, either-- ``(i) the notification to, or consent of, a parent of that minor; or ``(ii) proceedings in a State court; and ``(B) that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity who is not described in that subparagraph; ``(2) the term `parent' means-- ``(A) a parent or guardian; ``(B) a legal custodian; or ``(C) a person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides, who is designated by the law requiring parental involvement in the minor's abortion decision as a person to whom notification, or from whom consent, is required; ``(3) the term `minor' means an individual who is not older than the maximum age requiring parental notification or consent, or proceedings in a State court, under the law requiring parental involvement in a minor's abortion decision; and ``(4) the term `State' includes the District of Columbia and any commonwealth, possession, or other territory of the United States.''. (b) Clerical Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 117 the following new item: ``117A. Transportation of minors in circumvention of 2431''. certain laws relating to abortion. Passed the House of Representatives April 17, 2002. Attest: JEFF TRANDAHL, Clerk.

Child Custody Protection Act - Amends the Federal criminal code to prohibit transporting an individual under age 18 across a State line to obtain an abortion and thereby abridging the right of a parent under a law in force in the State where the individual resides requiring parental involvement in a minor's abortion decision. Makes an exception if the abortion was necessary to save the life of the minor.Specifies that neither the minor transported nor her parent may be prosecuted or sued for a violation of this Act.Makes it an affirmative defense to a prosecution for, or to a civil action based on, such a violation that the defendant reasonably believed that before the individual obtained the abortion, the parental consent or notification or judicial authorization that would have been required had the abortion been performed in the State where the individual resides, took place.Authorizes any parent who suffers legal harm from a violation to obtain appropriate relief in a civil action. Defines "parent" to include a guardian, legal custodian, or person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides, who is designated by such law as a person to whom notification, or from whom consent, is required.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Travel and Counterterrorism Partnership Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that the United States should expand the visa waiver program to extend visa-free travel privileges to nationals of foreign countries that are allies in the war on terrorism as that expansion will-- (1) enhance bilateral cooperation on critical counterterrorism and information sharing initiatives; (2) support and expand tourism and business opportunities to enhance long-term economic competitiveness; and (3) strengthen bilateral relationships. SEC. 3. VISA WAIVER PROGRAM EXPANSION. Section 217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c)) is amended by adding at the end the following: ``(8) Probationary participation of program countries.-- ``(A) Requirement to establish.--Notwithstanding any other provision of this section and not later than 1 year after the date of the enactment of the Secure Travel and Counterterrorism Partnership Act, the Secretary of Homeland Security, in consultation with the Secretary of State, shall establish a pilot program to permit not more than 5 foreign countries that are not designated as program countries under paragraph (1) to participate in the program. ``(B) Designation as a probationary program country.--A foreign country is eligible to participate in the program under this paragraph if-- ``(i) the Secretary of Homeland Security determines that such participation will not compromise the security or law enforcement interests of the United States; ``(ii) that country is close to meeting all the requirements of paragraph (2) and other requirements for designation as a program country under this section and has developed a feasible strategic plan to meet all such requirements not later than 3 years after the date the country begins participation in the program under this paragraph; ``(iii) that country meets all the requirements that the Secretary determines are appropriate to ensure the security and integrity of travel documents, including requirements to issue electronic passports that include biometric information and to promptly report lost, stolen, or fraudulent passports to the Government of the United States; ``(iv) that country cooperated with the Government of the United States on counterterrorism initiatives and information sharing before the date of the enactment of this paragraph; and ``(v) that country has entered into an agreement with the Government of the United States by which that country agrees to further advance United States security interests by implementing such additional counterterrorism cooperation and information sharing measures as may be requested by the Secretary of Homeland Security, in consultation with the Secretary of State. ``(C) Considerations for country selection.-- ``(i) Visa refusal rates.--The Secretary of Homeland Security may consider the rate of refusals of nonimmigrant visitor visas for nationals of a foreign country in determining whether to permit that country to participate in the program under this paragraph but may not refuse to permit that country to participate in the program under this paragraph solely on the basis of such rate unless the Secretary determines that such rate is a security concern to the United States. ``(ii) Overstay rates.--The Secretary of Homeland Security may consider the rate at which nationals of a foreign country violate the terms of their visas by remaining in the United States after the expiration of such a visa in determining whether to permit that country to participate in the program under this paragraph. ``(D) Term of participation.-- ``(i) Initial probationary term.--A foreign country may participate in the program under this paragraph for an initial term of 3 years. ``(ii) Extension of participation.--The Secretary of Homeland Security, in consultation with the Secretary of State, may permit a country to participate in the program under this paragraph after the expiration of the initial term described in clause (i) for 1 additional period of not more than 2 years if that country-- ``(I) has demonstrated significant progress toward meeting the requirements of paragraph (2) and all other requirements for designation as a program country under this section; ``(II) has submitted a plan for meeting the requirements of paragraph (2) and all other requirements for designation as a program country under this section; and ``(III) continues to be determined not to compromise the security or law enforcement interests of the United States. ``(iii) Termination of participation.--The Secretary of Homeland Security may terminate the participation of a country in the program under this paragraph at any time if the Secretary, in consultation with the Secretary of State, determines that the country-- ``(I) is not in compliance with the requirements of this paragraph; or ``(II) is not able to demonstrate significant and quantifiable progress, on an annual basis, toward meeting the requirements of paragraph (2) and all other requirements for designation as a program country under this section. ``(E) Technical assistance.--The Secretary of Homeland Security, in consultation with the Secretary of State, shall provide technical guidance to a country that participates in the program under this paragraph to assist that country in meeting the requirements of paragraph (2) and all other requirements for designation as a program country under this section. ``(F) Reporting requirements.-- ``(i) Annual report.--The Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to Congress an annual report on the implementation of this paragraph. ``(ii) Final assessment.--Not later than 30 days after the date that the foreign country's participation in the program under this paragraph terminates, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit a final assessment to Congress regarding the implementation of this paragraph. Such final assessment shall contain the recommendations of the Secretary of Homeland Security and the Secretary of State regarding permitting additional foreign countries to participate in the program under this paragraph.''. SEC. 4. CALCULATION OF THE RATES OF VISA OVERSTAYS. Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall develop and implement procedures to improve the manner in which the rates of nonimmigrants who violate the terms of their visas by remaining in the United States after the expiration of such a visa are calculated. SEC. 5. REPORTS. (a) Visa Fees.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall review the fee structure for visas issued by the United States and submit to Congress a report on that structure, including any recommendations of the Comptroller General for improvements to that structure. (b) Secure Travel Standards.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security, in conjunction with the Secretary of State, shall submit a report to Congress that describes plans for enhancing secure travel standards for existing visa waiver program countries, including the feasibility of instituting an electronic authorization travel system, additional passenger information exchanges, and enhanced airport security standards. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2007 through 2013 to carry out this Act and the amendment made by this Act.

Secure Travel and Counterterrorism Partnership Act - Expresses the sense of Congress that the United States should expand the visa waiver program to nationals of foreign countries that are allies in the war on terrorism. Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security to establish a pilot program to expand the visa waiver program for up to five new countries that are are cooperating with the United States on security and counterterrorism matters. Requires a country, prior to participation, to conclude a counterterrorism and security information sharing agreement with the United States. Authorizes: (1) a country to participate for an initial three-year period, with an additional two-year extension; and (2) the Secretary to terminate a country's participation for program noncompliance. Directs the Secretary to develop and implement procedures to improve the manner of calculating visa overstay rates.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pathways Advancing Career Training Act''. SEC. 2. PURPOSE AND FINDINGS. (a) Purpose.--The purpose of this Act is to provide assistance to States for preparatory services, education and training programs, support service assistance, and referral services to displaced homemakers, single parents, and individuals pursuing nontraditional occupations. Such assistance will create workforce pathways for individuals in transition and help meet the employment needs of a high skilled, high wage information technology economy. (b) Findings.--Congress finds the following: (1) A high quality, productive, and diverse workforce is necessary to compete in the global economy. (2) There are approximately 15,000,000 displaced homemakers and single parents in the United States for whom the pathway to employment and economic independence requires education and training services. (3) The education and training needs of displaced homemakers, single parents, and individuals pursuing nontraditional occupations are not sufficiently met through existing systems. (4) Displaced homemakers and single parents represent an untapped resource to enter unfilled positions in the information technology sector. (5) Employment in information technology and high skill, high wage nontraditional careers offers wages and advancement opportunities to help families achieve economic independence. (6) Vocational education programs continue to be highly sex-segregated resulting in a dearth of female students filling the pipeline for jobs in the growing high-skill high-wage labor market, especially in the areas of technology and the skilled trades. SEC. 3. DEFINITIONS. Except as otherwise specified in this Act, as used in this Act: (1) Community-based organization.--The term ``community- based organization'' means a public or private nonprofit organization of demonstrated effectiveness that-- (A) is representative of a community or significant segments of a community; and (B) provides educational or related services to individuals in the community. (2) Displaced homemaker.--The term ``displaced homemaker'' means an individual who has been providing unpaid services to family members in the home and who-- (A) has been dependent on the income of another family member but is no longer supported by that income; and (B) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment. (3) Eligible state agency.--The term ``eligible State agency'' means a State board designated or created as the State agency responsible for the administration of vocational and technical education in the State. (4) Eligible recipient.--The term ``eligible recipient'' means a community-based organization, an area vocational school, a local educational agency, a postsecondary vocational institution, or other entities that have demonstrated ability to meet the education and training needs of displaced homemakers, single parents and students in secondary and postsecondary programs preparing for nontraditional training and employment. (5) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (6) Nontraditional employment.--The term ``nontraditional employment,'' refers to occupations or fields of work for which individuals from one gender comprise less than 25 percent of the individuals employed in each such occupation or field of work. (7) Preparatory services.--The term ``preparatory services'' means services, programs, or activities designed to assist individuals who are not enrolled in education or training programs in the selection of, or preparation for participation in, an appropriate education or training program, such as-- (A) services, programs, or activities related to outreach in the recruitment of potential students; (B) career and personal counseling and life skills development; (C) vocational assessment and testing; and (D) other appropriate services, programs, or activities. (8) Postsecondary vocational institution.--The term ``postsecondary vocation institution'' has the same meaning given such term in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c)). (9) Secondary school.--The term ``secondary school'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (10) Secretary.--The term ``Secretary'' means the Secretary of Education. (11) Self-sufficiency standard.--The term ``self- sufficiency standard'' is a measure of how much income families need to cover their basic costs without subsidies. It uses a consistent methodology that calculates the costs of living and working (including taxes) based upon sub-state geographic location, family size and composition. (12) Single parent.--The term ``single parent'' means an individual who is unmarried and-- (A) has a minor child or children for which the parent has either custody or joint custody; or (B) is pregnant. (13) Services.--The term ``services'' means services such as transportation, child care, dependent care, and needs based payment, that are necessary to enable an individual to participate in education and training activities. SEC. 4. PROGRAM AUTHORIZED. The Secretary of Education is authorized to provide grants to States to enable such States to develop or enhance programs described in section 8. SEC. 5. ALLOCATION. (a) In General.--The Secretary shall allot funds to the States under this Act based on the ratio of the population between the ages of 16 and 64 of each State to the total population between the ages of 16 and 64 in all of the States. (b) Supplement not Supplant.--Funds provided under this Act shall be used to supplement not supplant other Federal, State, and local public funds expended to provide services to displaced homemakers, single parents, and students pursuing nontraditional occupations. SEC. 6. STATE PLAN. (a) In General.--Each eligible State agency shall prepare and submit to the Secretary a plan for a 5-year period, together with such annual revisions as the eligible State agency determines to be necessary. (b) Revisions and Review.--Each eligible State agency shall-- (1) submit such annual revisions of the plan to the Secretary as the eligible State agency determines to be necessary; and (2) after the second year of the 5-year State plan, conduct a review of activities assisted under this Act and submit any revisions of the State plan that the eligible State agency determines necessary to the Secretary. (c) Plan Development.--The eligible State agency may develop the State plan in consultation with experts, students in displaced homemaker, single parent, and nontraditional training programs, and any other individual the State considers necessary. (d) Plan Contents.--The State plan shall include information that-- (1) describes the preparatory services and vocational and technical education activities to be assisted that are designed to assist single parents, displaced homemakers, and students pursuing nontraditional training and employment; (2) describes the process for soliciting competitive applications and the criteria that will be used by the eligible State agency in awarding eligible recipients funds under this Act; (3) describes how comprehensive professional development will be provided; (4) describes how the eligible State agency will-- (A) annually evaluate the effectiveness of such programs; and (B) coordinate such programs to ensure non- duplication with other existing Federal programs; (5) provides assurances that the eligible State agency will comply with the requirements of this Act and the provisions of the State plan, including the provision of a financial audit of funds received under this Act which may be included as part of an audit of other Federal or State programs; (6) provides assurances that none of the funds expended under this Act will be used to acquire equipment (including computer software) in any instance in which such acquisition results in a direct financial benefit to any organization representing the interests of the purchasing entity, the employees of the purchasing entity, or any affiliate of such an organization; (7) describes how the eligible State agency will measure and report the progress of the students who are served pursuant to this Act, including-- (A) single parent and displaced homemaker's participation in and completion of a vocational and technical education program; (B) student participation in and completion of vocational and technical education programs that lead to nontraditional training and employment; (C) single parent and displaced homemaker's attainment of a secondary school diploma or its recognized equivalent; (D) single parent and displaced homemaker's placement in postsecondary education or advanced training, placement in military service, or placement in employment; (E) student placement in nontraditional employment; and (F) single parent and displaced homemaker's participation in and completion of career and technical education programs that will prepare them to earn wages equal to or greater than that determined by the self sufficiency standard; (8) describes how the eligible State agency will provide eligible recipients with technical assistance; and (9) describes the methods proposed for the joint planning and coordination of programs carried out under this Act with other Federal programs. (e) Plan Option.--The eligible State agency may fulfill the requirements of subsection (d) by submitting a plan under section 123 of the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2343). (f) Plan Approval.--The Secretary shall consider a plan or revision of a State plan approved, unless the Secretary determines, within 120 days of submission, that the State plan, or revision, respectively, does not meet the requirements of this section. SEC. 7. ACCOUNTABILITY. (a) Purpose.--The purpose of this section is to establish activities, in coordination with the State performance accountability system, to assess the effectiveness of the State in achieving progress of career and technical education in serving single parents, displaced homemakers and individuals pursuing nontraditional training and employment, and to maximize the return on investment of Federal funds. (b) Core Indicators of Performance.--Each eligible State agency shall identify in the State plan the process used to collect data on the core indicators of performance from eligible recipients that include, at a minimum, measures of each of the following: (1) Participation and completion in a preparatory services program. (2) Participation in and completion of career and technical education programs that lead to nontraditional training and employment. (3) Attainment of a secondary school diploma or its recognized equivalent, a proficiency credential in conjunction with a secondary school diploma, or a postsecondary degree or credential. (4) Placement in, retention in, and completion of, postsecondary education or advanced training, placement in military service, or placement or retention in employment. (5) Placement in nontraditional employment. (c) Annual Report by State Agency.--Each eligible State agency shall transmit to the Secretary an annual report of data compiled in accordance with Section 7(b) disaggregated by gender, race, age, disability, national origin, ethnicity, and English proficiency status. The eligible State agency may fulfill the requirements of reporting for core indications in paragraphs (2) through (5) of subsection (b) by submitting a report under section 113(c)(2) of the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2324). (d) Annual Report of the Secretary.--The Secretary shall transmit to Congress annually a national report that describes the extent to which the purposes of the Act are being achieved. SEC. 8. PROGRAMS FOR SINGLE PARENTS, DISPLACED HOMEMAKERS, AND NONTRADITIONAL EMPLOYMENT. Except as provided in section 8(a), each State may use funds provided under section 9 only to-- (1) provide programs for single parents and displaced homemakers, including-- (A) subsidies, reimbursement, tuition assistance, or payment for preparatory services, necessary educational materials (including books and supplies), career guidance and counseling services, and support services; (B) information to inform individuals of career and technical education and training programs, related support services, and counseling; (C) program services, counseling, and activities to prepare individuals to attain marketable skills for employment that will lead to economic self-sufficiency; (2) provide programs for secondary and postsecondary students pursuing nontraditional training and employment, including-- (A) programs, preparatory services, counseling, tuition assistance and activities that will provide individuals with the skills to pursue education and training in nontraditional careers, including information technology and other high skill and high wage careers; (B) programs services, counseling, professional development, and activities to-- (i) increase awareness of nontraditional occupations; and (ii) to ensure a fair and respectful learning environment for all career and technical education students, particularly those preparing for nontraditional employment; and (C) replicable model programs that increase participation, completion, and placement rates of individuals in nontraditional employment. SEC. 9. WITHIN STATE ALLOCATION AND ADMINISTRATION. (a) Reservation for State Activities.--From the amounts allocated under section 5, not more than 5 percent shall be reserved for State administration. (b) Matching Requirement.--Each eligible State agency receiving funds made available under section 5(a), shall match, from non-Federal sources and on a dollar-for-dollar basis, the funds received under section 9. (c) Administration.--Any State desiring to participate in a program authorized by this Act shall assign not less than one individual within the appropriate agency established to administer vocational education programs within the State to assist in fulfilling the purposes of this Act by-- (1) administering the program of vocational education described in section 7; (2) gathering, analyzing, and disseminating data on the adequacy and effectiveness of vocational education programs in the State as described in section 6; (3) developing the State plan described in section 6; (4) providing technical assistance and professional development in expanding vocational opportunities for students pursuing nontraditional occupations and single parents, and displaced homemakers; (5) managing the distribution of funds pursuant to section 6; (6) monitoring the use of funds distributed to recipients under such programs; and (7) evaluating the effectiveness of programs and activities supported by such funds. (d) Competitive Awards.--The administrator assigned under subsection (c) shall-- (1) on a competitive basis, provide grants to eligible recipients; and (2) ensure that each grant is for a program that is of sufficient size, scope, and quality to be effective. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, $200,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 4 succeeding fiscal years.

Pathways Advancing Career Training Act - Authorizes the Secretary of Education to make formula matching grants to States with approved plans for programs of vocational education, training, employment counseling, and related services, including tuition assistance, for: (1) single parents and displaced homemakers; and (2) secondary and postsecondary students pursuing nontraditional training and employment. Provides that State boards designated or created as State agencies responsible for vocational and technical education vocational education agency shall administer such programs and make competitive subgrants to eligible entities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International and Parental Child Abduction Remedies Assistance Act''. SEC. 2. INVESTIGATIVE ASSISTANCE TO LAW ENFORCEMENT AGENCIES TO LOCATE ALIEN CHILDREN MISSING IN THE UNITED STATES. The Attorney General shall make available to State and local law enforcement agencies, information describing the methods and procedures available to them to institute or assist an investigative search for an alien child who is believed to be in the United States and who is the subject of-- (1) an application under the Hague Convention on the Civil Aspects of International Parental Child Abduction, or (2) an Interpol yellow notice. SEC. 3. STATE REQUIREMENTS. Section 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) is amended-- (1) in paragraph (2) by striking ``and'' at the end, and (2) in paragraph (3)-- (A) in subparagraph (B) by striking ``and'' at the end, (B) in subparagraph (C) by striking the period at the end and inserting ``; and'', and (C) by inserting after subparagraph (C) the following: ``(D) a statement specifying whether the child is believed to have been taken outside of the United States;''. SEC. 4. AMENDMENTS TO INTERNATIONAL CHILD ABDUCTION REMEDIES ACT. (a) Legal Assistance, Technical Assistance, and Training.--Section 7 of the International Child Abduction Remedies Act (42 U.S.C. 11606) is amended by adding at the end the following new subsections: ``(g) Legal Assistance for Victims of Parental Kidnapping Grants.-- ``(1) Funding to legal services providers.--The United States Central Authority shall establish a program to provide funding to legal services providers, including private attorneys, public officials acting pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, legal aid programs, and law school clinical programs, to provide direct legal or advocacy services on behalf of persons seeking remedies under the Convention, or other civil or criminal remedies in interstate or international parental kidnapping cases. ``(2) Training and technical assistance.--The United States Central Authority, directly or through grants, shall provide training and technical assistance to recipients of funds under paragraph (1) to improve their capacity to offer legal assistance described in paragraph (1). ``(h) Technical Assistance.--The United States Central Authority shall encourage the Chief Justice of every State and the District of Columbia to designate a single court, or a limited number of courts, in which cases brought under the Convention may be heard. The United States Central Authority may provide technical assistance (including computers and Internet access) as necessary to foster consolidation of jurisdiction and implementation of the Convention, consistent with the purposes of the Convention. ``(i) Training.--The United States Central Authority shall provide or promote training of State court judges, lawyers, and law students on the civil and criminal laws pertaining to interstate and international parental kidnapping. To carry out this subsection, the United States Central Authority may make available funds under subsection (e) to State judicial educators, national, State, and local bar associations, and law schools. The United States Central Authority shall require recipients of such funds to report on the training programs they present, including the number of participants.''. (b) Legal Services Corporation.--The Legal Services Corporation may use funds made available to the Corporation for programs to represent aliens in proceedings brought in the United States under the Convention-- (1) if the individuals to whom the representation is provided otherwise meet the criteria of the Corporation for eligible clients under the Legal Services Corporation Act; and (2) whether or not such individuals are resident in the United States. (c) Court Costs.--Section 8(b) of the International Child Abduction Remedies Act (42 U.S.C. 11607(b)) is amended to read as follows: ``(b) Costs Incurred in Civil Actions.-- ``(1) Payment of court costs by central authority.--The Central Authority shall establish a program under which it provides, directly to the court or to petitioners and respondents, the funds necessary to pay the court costs of petitioners and respondents in actions brought under section 4, including court fees and the cost of translation services, expert witness testimony, and transcription services. ``(2) Costs of legal counsel and travel.-- Petitioners may be required to bear the costs of legal counsel or advisors and travel costs for the return of the child involved and any accompanying persons, except as provided in paragraphs (3) and (4). ``(3) Payments from other sources.--Subject to paragraph (4), legal fees incurred in connection with an action brought under section 4 shall be borne by the petitioner unless they are covered by payments from Federal, State, or local legal assistance or other programs. ``(4) Costs borne by petitioner.--Any court ordering the return of a child pursuant to an action brought under section 4 shall order the respondent to pay necessary expenses incurred by or on behalf of the petitioner (other than court costs for which the Central Authority pays under paragraph (1)), including legal fees, foster home or other care during the course of proceedings in the action, and transportation costs related to the return of the child, unless the respondent establishes that such order would be clearly inappropriate.''. (d) Federal Judicial Center.--Section 620 of title 28, United States Code, is amended by adding at the end the following: ``(c) Continuing Education and Training Programs.--The Center shall include in its continuing education and training programs under subsection (b)(3), including the training programs for newly appointed judges, information on the Hague Convention on the Civil Aspects of International Child Abduction, the International Child Abduction Remedies Act, the International Parental Kidnapping Crime Act of 1993, and other Federal statutes pertaining to parental kidnapping within the jurisdiction of the Federal courts, and shall prepare materials necessary to carry out this subsection.''. SEC. 5. ADDITIONAL FUNDS FOR THE INVESTIGATION AND PROSECUTION OF PARENTAL KIDNAPPING. In addition to funds otherwise authorized to be appropriated for the activities described in this section, there are authorized to be appropriated to the Child Exploitation and Obscenity Section of the Department of Justice for each of the fiscal years 2009 through 2012 such sums as may be necessary for the investigation and prosecution of violations of section 1204 of title 18, United States Code. SEC. 6. GRANTS FOR TRAVEL COSTS ASSOCIATED WITH THE SAFE RETURN OF ABDUCTED CHILDREN. (a) Program Authorized.--The Director of the Office of Victims of Crime of the Department of Justice shall, subject to the availability of appropriations, establish a Victim Travel in International Reunification Cases program to award grants to the National Center for Missing & Exploited Children to reimburse parents, guardians, law enforcement, and other individuals, as appropriate, for travel costs related to the safe return of children from the United States who have been abducted and taken to foreign countries. (b) Use of Grant Funds.--Travel costs under subsection (a) that are reimbursed using funds under this section may include airfare and daily subsistence costs, including lodging, meals, and ground transportation. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $250,000 for each of the fiscal years 2009 through 2012.

International and Parental Child Abduction Remedies Assistance Act - Directs the Attorney General to provide state and local law enforcement agencies information on instituting or assisting investigative searches for alien children believed to be in the United States who are the subject of an application under the Hague Convention on the Civil Aspects of International Parental Child Abduction (Convention) or an Interpol yellow notice. Amends the Crime Control Act of 1990 to require missing child reports to include a statement specifying whether a missing child is believed to have been taken outside of the United States. Amends the International Child Abduction Remedies Act to: (1) provide funding, technical assistance, and training to legal providers to assist victims of parental kidnappings; and (2) allow payment of costs incurred in civil actions to return abducted children. Authorizes the Legal Services Corporation to use its funding to represent aliens in child abduction proceedings brought in the United States under the Convention. Amends the federal judicial code to require the Federal Judicial Center to provide training programs for newly appointed judges on laws pertaining to parental kidnapping. Authorizes additional funding for the investigation and prosecution of international parental kidnapping crimes. Directs the Director of the Department of Justice Office of Victims of Crime to award grants to reimburse parents, guardians, law enforcement, and other appropriate individuals for travel costs related to the safe return of U.S. children who have been abducted and taken to foreign countries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Indian Education Act''. SEC. 2. PURPOSE. It is the purpose of this Act to ensure that Federal funding is provided to support and sustain the longstanding Federal mandate requiring colleges and States to waive, in certain circumstances, tuition charges for Native American Indian students they admit to an undergraduate college program, including the waiver of tuition charges for Native American Indian students who are not residents of the State in which the college is located. SEC. 3. FINDINGS. Congress finds the following: (1) Native American-serving nontribal college institutions have a valuable supplemental role to that provided by tribally controlled community colleges in making available educational opportunities to Native American Indian students. (2) Some 4-year Native American-serving nontribal college institutions provide tuition-free education, with the support of the State in which they are located, as mandated by Federal statute, to hundreds of Native American Indian students in fulfillment of a condition under which the United States provided land and facilities for such colleges to a State or college. (3) The value of the Native student tuition waiver benefits contributed by these colleges and the States which support them today far exceeds the value of the original grant of land and facilities. (4) The ongoing financial burden of meeting this Federal mandate to provide tuition-free education to Native American Indian students is no longer equitably shared among the States and colleges because the mandate does not distinguish between such students who are residents of the State or who are residents of another State. (5) Native student tuition waiver benefits are now at risk of being terminated by severe budget constraints being experienced by these colleges and the States which support them. SEC. 4. STATE RELIEF FROM FEDERAL HIGHER EDUCATION MANDATE. (a) In General.--Part A of title III of the Higher Education Act of 1965 (20 U.S.C. 1057 et seq.) is amended by inserting after section 319 the following: ``SEC. 319A. STATE RELIEF FROM FEDERAL HIGHER EDUCATION MANDATE. ``(a) Amount of Payment.--For fiscal year 2018 and each succeeding fiscal year through fiscal year 2022, the Secretary may pay to any eligible college an amount that equals the charges for tuition waived by the college (as described in subsection (e)(1)) for the academic year ending before the beginning of such fiscal year for Native American Indian students who were enrolled in the college for such academic year and who were not residents of the State in which the college is located during such academic year. ``(b) Treatment of Payment.--Any amounts received by an eligible college under subsection (a) shall be treated as a reimbursement from the State in which the college is located, which is provided in fulfillment of any Federal mandate upon the State to waive charges for tuition for Native American Indian students. ``(c) Rule of Construction.--Nothing in this section shall be construed to relieve any State from any mandate the State may have under Federal law to reimburse an eligible college for an academic year-- ``(1) with respect to Native American Indian students enrolled in the college who are not residents of the State in which the college is located, any amount of charges for tuition waived by the college for such students that exceeds the amount received by the college under subsection (a) for such academic year; and ``(2) with respect to Native American Indian students enrolled in the college who are residents of the State in which the college is located, an amount equal to the charges for tuition waived by the college for such students for such academic year. ``(d) Applicability.-- ``(1) In general.--The provisions of any other section of this part or part G shall not apply with respect to funds paid under this section. ``(2) No effect on eligibility.--Funds received by a Native American-serving, nontribal institution under this section shall not be taken into account for purposes of section 319(d)(3)(A). ``(e) Definitions.--In this section: ``(1) Eligible college.--The term `eligible college' means any 4-year Native American-serving, nontribal institution that waives the charges for tuition as mandated by Federal statute, with the support of the State in which the institution is located, for Native American Indian students in fulfillment of a condition under which the institution or State received its original grant of land and facilities from the United States. ``(2) Native american indian students.--The term `Native American Indian students' includes reference to the term `Indian pupils' as that term has been utilized in Federal statutes imposing a mandate upon any eligible college or State to waive charges for tuition for Native American Indian students in fulfillment of a condition under which the college or State received its original grant of land and facilities from the United States. ``(3) Native american-serving, nontribal institution.--The term `Native American-serving, nontribal institution' has the meaning given the term in section 319(b). ``(f) Supplement, Not Supplant.--Funds under this section shall be used to supplement, not supplant, any Federal or non-Federal funds that would otherwise be used for Indian education programs.''. (b) Authorization.--Section 399(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1068h(a)(1)) is amended-- (1) by redesignating subparagraph (F) as subparagraph (G); and (2) by inserting after subparagraph (E) the following: ``(F) There are authorized to be appropriated to carry out section 319A, $17,400,000 for each of fiscal years 2018 through 2022.''.

Native American Indian Education Act This bill amends the Higher Education Act of 1965 to allow the Department of Education, for FY2018-FY2022, to pay Native American-serving, nontribal institutions of higher education the tuition of their out-of-state Native American students. This applies only to schools that are required to provide a tuition-free education, with the support of their state, to Native American students as a condition under which the college or state received its original grant of land and facilities from the federal government. Payments are treated as reimbursements to institutions from their states.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Buy American Improvement Act of 2007''. SEC. 2. REQUIREMENTS FOR WAIVERS. (a) In General.--Section 2 of the Buy American Act (41 U.S.C. 10a) is amended-- (1) by striking ``Notwithstanding'' and inserting the following: ``(a) In General.--Notwithstanding''; and (2) by adding at the end the following: ``(b) Special Rules.--The following rules shall apply in carrying out the provisions of subsection (a): ``(1) Public interest waiver.--A determination that it is not in the public interest to enter into a contract in accordance with this Act may not be made after a notice of solicitation of offers for the contract is published in accordance with section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416) and section 8(e) of the Small Business Act (15 U.S.C. 637(e)). ``(2) Domestic bidder.--A Federal agency entering into a contract shall give preference to a company submitting an offer on the contract that manufactures in the United States the article, material, or supply for which the offer is solicited, if-- ``(A) that company's offer is substantially the same as an offer made by a company that does not manufacture the article, material, or supply in the United States; or ``(B) that company is the only company that manufactures in the United States the article, material, or supply for which the offer is solicited. ``(3) Use outside the united states.-- ``(A) In general.--Subsection (a) shall apply without regard to whether the articles, materials, or supplies to be acquired are for use outside the United States if the articles, materials, or supplies are not needed on an urgent basis or if they are acquired on a regular basis. ``(B) Cost analysis.--In any case in which the articles, materials, or supplies are to be acquired for use outside the United States and are not needed on an urgent basis, before entering into a contract an analysis shall be made of the difference in the cost of acquiring the articles, materials, or supplies from a company manufacturing the articles, materials, or supplies in the United States (including the cost of shipping) and the cost of acquiring the articles, materials, or supplies from a company manufacturing the articles, materials, or supplies outside the United States (including the cost of shipping). ``(4) Domestic availability.--The head of a Federal agency may not make a determination under subsection (a) that an article, material, or supply is not mined, produced, or manufactured, as the case may be, in the United States in sufficient and reasonably available commercial quantities and of satisfactory quality, unless the head of the agency has conducted a study and, on the basis of such study, determined that-- ``(A) domestic production cannot be initiated to meet the procurement needs; and ``(B) a comparable article, material, or supply is not available from a company in the United States. ``(c) Reports.-- ``(1) In general.--Not later than 180 days after the end of each of fiscal years 2007 through 2011, the head of each Federal agency shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report on the amount of the acquisitions made by the agency in that fiscal year of articles, materials, or supplies purchased from entities that manufacture the articles, materials, or supplies outside of the United States. ``(2) Contents of report.--The report required by paragraph (1) shall separately include, for the fiscal year covered by such report-- ``(A) the dollar value of any articles, materials, or supplies that were manufactured outside the United States; ``(B) an itemized list of all waivers granted with respect to such articles, materials, or supplies under this Act, and a citation to the treaty, international agreement, or other law under which each waiver was granted; ``(C) if any articles, materials, or supplies were acquired from entities that manufacture articles, materials, or supplies outside the United States, the specific exception under this section that was used to purchase such articles, materials, or supplies; and ``(D) a summary of-- ``(i) the total procurement funds expended on articles, materials, and supplies manufactured inside the United States; and ``(ii) the total procurement funds expended on articles, materials, and supplies manufactured outside the United States. ``(3) Public availability.--The head of each Federal agency submitting a report under paragraph (1) shall make the report publicly available to the maximum extent practicable. ``(4) Exception for intelligence community.--This subsection shall not apply to acquisitions made by an agency, or component thereof, that is an element of the intelligence community as specified in, or designated under, section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).''. (b) Definitions.--Section 1 of the Buy American Act (41 U.S.C. 10c) is amended by adding at the end the following: ``(c) Federal Agency.--The term `Federal agency' means any executive agency (as defined in section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1))) or any establishment in the legislative or judicial branch of the Federal Government. ``(d) Substantially All.--Articles, materials, or supplies shall be treated as made substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States, if the cost of the domestic components of such articles, materials, or supplies exceeds 75 percent of the total cost of all components of such articles, materials, or supplies.''. (c) Conforming Amendments.-- (1) Section 2 of the Buy American Act (41 U.S.C. 10a) is amended by striking ``department or independent establishment'' and inserting ``Federal agency''. (2) Section 3 of such Act (41 U.S.C. 10b) is amended-- (A) in subsection (a), by striking ``department or independent establishment'' and inserting ``Federal agency''; and (B) in subsection (b), by striking ``department, bureau, agency, or independent establishment'' and inserting ``Federal agency''. (3) Section 633 of the National Military Establishment Appropriation Act, 1950 (41 U.S.C. 10d) is amended by striking ``department or independent establishment'' and inserting ``Federal agency''. SEC. 3. GAO REPORT AND RECOMMENDATIONS. (a) Report on Scope of Waivers.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall report to Congress recommendations to be used in determining, for purposes of applying the waiver provision of section 2(a) of the Buy American Act, as redesignated by section 2(a) of this Act, whether acquiring articles, materials, and supplies mined, produced, or manufactured in the United States would-- (1) involve unreasonable cost; or (2) be inconsistent with the public interest. (b) Recommendations.--The report described in subsection (a) shall include recommendations-- (1) for a statutory definition of unreasonable cost and for standards for determining inconsistency with the public interest; and (2) for establishing procedures for applying the waiver provisions of the Buy American Act that can be consistently applied.

Buy American Improvement Act of 2007 - Amends the Buy American Act to: (1) prohibit federal agencies from determining that it would not be in the public interest to enter into a contract subject to Buy American requirements after a solicitation of offers notice for such contract is published; and (2) apply Buy American requirements without regard to whether products to be acquired are for use outside the United States if they are not needed on an urgent basis or if they are acquired on a regular basis. Requires before a contract is entered in the latter type of case an analysis of the difference in costs of such products from manufacturers inside and outside the United States. Requires federal agencies to: (1) give preference in the procurement process to a company that manufactures the solicited product in the United States, if such company's bid is substantially the same as a bid made by a non-U.S. manufacturer, or such company is the only one that manufactures the product in the United States; and (2) report for FY2007-FY2011 to specified congressional committees on the amount of agency acquisitions from entities that manufacture products outside the United States (excepts intelligence agencies). Prohibits an agency head from determining that articles to be procured are not available from domestic sources without first determining that domestic production cannot be initiated to meet procurement needs, and that a comparable product is not available from a company in the United States. Defines a product as made "substantially all" from domestic components when the cost of the product's domestic components exceeds 75% of the cost of all the product's components. Requires the Comptroller General to report to Congress with recommendations for determining whether an acquisition would involve unreasonable cost and be inconsistent with the public interest for purposes of applying waivers of Buy American requirements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gateway Communities Cooperation Act of 2002''. SEC. 2. IMPROVED RELATIONSHIP BETWEEN FEDERAL LAND MANAGERS AND GATEWAY COMMUNITIES TO SUPPORT COMPATIBLE LAND MANAGEMENT OF BOTH FEDERAL AND ADJACENT LANDS. (a) Findings.--The Congress finds the following: (1) Communities that are adjacent to or near Federal lands, including units of the National Park System, units of the National Wildlife Refuge System, units of the National Forest System, and lands administered by the Bureau of Land Management, are vitally impacted by the management and public use of these Federal lands. (2) These communities, commonly known as gateway communities, fulfill an integral part in the mission of the Federal lands by providing necessary services, such as schools, roads, search and rescue, emergency, medical, provisioning, logistical support, living quarters, and drinking water and sanitary systems, for both visitors to the Federal lands and employees of Federal land management agencies. (3) Provision of these vital services by gateway communities is an essential ingredient for a meaningful and enjoyable experience by visitors to the Federal lands because Federal land management agencies are unable to provide, or are prevented from providing, these services. (4) Gateway communities serve as an entry point for persons who visit the Federal lands and are ideal for establishment of visitor services, including lodging, food service, fuel and auto repairs, emergency services, and visitor information. (5) Development in these gateway communities affect the management and protection of these Federal lands, depending on the extent to which advance planning for the local development is coordinated between the communities and Federal land managers. (6) The planning and management decisions of Federal land managers can have unintended consequences for gateway communities and the Federal lands, when the decisions are not adequately communicated to, or coordinated with, the elected officials and residents of gateway communities. (7) Experts in land management planning are available to Federal land managers, but persons with technical planning skills are often not readily available to gateway communities, particularly small gateway communities. (8) Gateway communities are often affected by the policies and actions of several Federal land agencies and both the communities and the agencies would benefit from greater interagency coordination of those policies and actions. (9) Persuading gateway communities to make decisions and undertake actions in their communities that would also be in the best interest of the Federal lands is most likely to occur when such decisionmaking and actions are built upon a foundation of cooperation and coordination. (b) Purpose.--It is the purpose of this Act to require Federal land managers to communicate, coordinate, and cooperate with gateway communities in order to-- (1) improve the relationships among Federal land managers, elected officials, and residents of gateway communities; (2) enhance the facilities and services in gateway communities available to visitors to Federal lands, when compatible with the management of these lands; and (3) result in better local land use planning and decisions by Federal land managers. (c) Definitions.--In this section: (1) Gateway community.--The term ``gateway community'' means a county, city, town, village, or other subdivision of a State, or a federally recognized American Indian tribe or Alaska Native village, that-- (A) is incorporated or recognized in a county or regional land use plan; and (B) a Federal land manager (or the head of the tourism office for the State) determines is significantly affected economically, socially, or environmentally by planning and management decisions regarding Federal lands administered by that Federal land manager. (2) Federal land agencies.--The term ``Federal land agencies'' means the National Park Service, United States Forest Service, United States Fish and Wildlife Service, and the Bureau of Land Management. (3) Federal land manager.--The term ``Federal land manager'' means-- (A) the superintendent of a unit of the National Park System; (B) the manager of a national wildlife refuge; (C) the field office manager of a Bureau of Land Management area; or (D) the supervisor of a unit of the National Forest System. (d) Participation in Federal Planning and Land Use.-- (1) Participation in planning.--The Federal land agencies shall provide for meaningful public involvement at the earliest possible time by elected and appointed officials of governments of local gateway communities in the development of land use plans, programs, land use regulations, land use decisions, transportation plans, general management plans, and any other plans, decisions, projects, or policies for Federal public lands under the jurisdiction of these agencies that will have a significant impact on these gateway communities. To facilitate such involvement, the Federal land agencies shall provide these officials, at the earliest possible time, with a summary in nontechnical language of the assumptions, purposes, goals, and objectives of such a plan, decision, project, or policy and a description of any anticipated significant impact of the plan, decision, or policy on gateway communities. (2) Early notice of proposed decisions.--To the extent practicable, the Federal land agencies shall provide local gateway communities with early public notice of proposed decisions of these agencies that may have a significant impact on gateway communities. (3) Training sessions.--The Federal land agencies shall offer training sessions for elected and appointed officials of gateway communities at which such officials can obtain a better understanding of-- (A) agency planning processes; and (B) the methods by which they can participate most meaningfully in the development of the agency plans, decisions, and policies referred to in paragraph (1). (4) Technical assistance.--At the request of the government of a gateway community, a Federal land agency shall assign, to the extent practicable, an agency employee or contractor to work with the community to develop data and analysis relevant to the preparation of agency plans, decisions, and policies referred to in paragraph (1). (5) Review of federal land management planning.--At the request of a gateway community, and to the extent practicable, a Federal land manager shall assist the gateway community to conduct a review of land use, management, or transportation plans of the Federal land manager likely to affect the gateway community. (6) Coordination of land use.--To the extent consistent with the laws governing the administration of the Federal public lands, a Federal land manager may enter into a cooperative agreement with a gateway community to provide for coordination between-- (A) the land use inventory, planning, and management activities for the Federal lands administered by the Federal land manager; and (B) the land use planning and management activities of other Federal agencies, agencies of the State in which the Federal lands are located, and local and tribal governments in the vicinity of the Federal lands. (7) Interagency cooperation and coordination.--To the extent practicable, when the plans and activities of two or more Federal land agencies are anticipated to have a significant impact on a gateway community, the Federal land agencies involved shall consolidate and coordinate their plans and planning processes to facilitate the participation of the gateway community in the planning processes. (8) Treatment as cooperating agencies.--When a proposed action is determined to require the preparation of an environmental impact statement, the Federal land agencies shall, as soon as practicable, but not later than the scoping process, actively solicit the participation of gateway communities as cooperating agencies under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (e) Grants To Assist Gateway Communities.-- (1) Grants authorized; purposes.--A Federal land manager may make grants to an eligible gateway community to enable the gateway community-- (A) to participate in Federal land planning or management processes; (B) to obtain professional land use or transportation planning assistance necessary as a result of Federal action; (C) to address and resolve public infrastructure impacts that are identified through these processes as a likely result of the Federal land management decisions and for which sufficient funds are not otherwise available; and (D) to provide public information and interpretive services about the Federal lands administered by the Federal land manager and the gateway community. (2) Eligible gateway communities.--To be eligible for a grant under this subsection, a gateway community may not have a population in excess of 10,000 persons. (f) Funding Sources.-- (1) General agency funds.--A Federal land agency may use amounts available for the general operation of the agency to provide funds to Federal land managers of that agency to make grants under subsection (e). (2) Other planning or project development funds.--Funds available to a Federal land manager for planning, construction, or project development may also be used to fund programs under subsection (d) and make grants under subsection (e). (3) Combination of funds.--Federal land managers from different Federal land agencies may combine financial resources to make grants under subsection (e).

Gateway Communities Cooperation Act of 2002 - Requires the National Park Service, United States Forest Service, the U.S. Fish and Wildlife Service, and the Bureau of Land Management to: (1) provide for public involvement by government officials of local gateway communities (communities adjacent to or near public lands) in the development of land use plans, programs, regulations, and decisions, transportation plans, general management plans, and any other public land plans, decisions, projects, or policies that will have a significant impact; (2) provide such communities with early public notice of such proposed decisions; (3) offer training sessions for officials for understanding and participating in agency planning processes; (4) assign an employee or contractor to work with such a community to develop data and analysis relevant in the preparation of agency plans, decisions, and policies; and (5) assist in conducting a review of plans likely to affect such community.Allows a Federal land manager to enter into a cooperative agreement with gateway communities to provide for coordination between Federal, State, local, and tribal governments in land use inventory, planning, and management activities.Requires, to the extent practicable, the consolidation and coordination of the plans and planning processes of two or more Federal agencies to facilitate an affected gateway community's participation.Requires the Federal land agencies to, as soon as practicable (but not later than the scoping process), actively solicit the participation of gateway communities as cooperating agencies when a proposed action is determined to require the preparation of an environmental impact statement.Allows a Federal land manager to make grants to enable an eligible gateway community (population 10,000 or less) to: (1) participate in Federal land planning or management processes; (2) obtain professional land use or transportation planning assistance necessary as a result of Federal action; (3) address and resolve public infrastructure impacts that are a likely result of the Federal land management decisions and for which sufficient funds are not otherwise available; and (4) provide information and interpretive services.Provides for funding for grants from the following sources: (1) general land agency funds; (2) funds available to a Federal land manager for planning, construction, or project development; and (3) funds combined by Federal land managers from different Federal land agencies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Broadcasters Protection Act of 1999''. SEC. 2. FINDINGS. The Congress finds the following: (1) Since the creation of low-power television licenses by the Federal Communications Commission, a small number of license holders have operated their stations in a manner beneficial to the public good providing broadcasting to their communities that would not otherwise be available. (2) These low-power broadcasters have operated their stations in a manner consistent with the programming objectives and hours of operation of full-power broadcasters providing worthwhile services to their respective communities while under severe license limitations compared to their full-power counterparts. (3) License limitations, particularly the temporary nature of the license, have blocked many low-power broadcasters from having access to capital, and have severely hampered their ability to continue to provide quality broadcasting, programming, or improvements. (4) The passage of the Telecommunications Act of 1996 has added to the uncertainty of the future status of these stations by the lack of specific provisions regarding the permanency of their licenses, or their treatment during the transition to high definition, digital television. (5) It is in the public interest to promote diversity in television programming such as that currently provided by low- power television stations to foreign-language communities. SEC. 3. PRESERVATION OF LOW-POWER COMMUNITY TELEVISION BROADCASTING. Section 336 of the Communications Act of 1934 (47 U.S.C. 336) is amended-- (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following new subsection: ``(f) Preservation of Low-Power Community Television Broadcasting.-- ``(1) Creation of class a licenses.-- ``(A) Rulemaking required.--Within 120 days after the date of enactment of the Community Broadcasters Protection Act of 1999, the Commission shall prescribe regulations to establish a class A television license to be available to licensees of qualifying low-power television stations. Such regulations shall provide that-- ``(i) the license shall be subject to the same license terms and renewal standards as the licenses for full-power television stations except as provided in this subsection; and ``(ii) each such class A licensee shall be accorded primary status as a television broadcaster as long as the station continues to meet the requirements for a qualifying low- power station in paragraph (2). ``(B) Notice to and certification by licensees.-- Within 30 days after the enactment of the Community Broadcasters Protection Act of 1999, the Commission shall send a notice to the licensees of all low-power televisions licenses that describes the requirements for class A designation. Within 60 days after such date of enactment, licensees intending to seek class A designation shall submit to the Commission a certification of eligibility based on the qualification requirements of this subsection. Absent a material deficiency, the Commission shall grant certification of eligibility to apply for class A status. ``(C) Application for and award of licenses.-- Consistent with the requirements set forth in paragraph (2)(A) of this subsection, a licensee may submit an application for class A designation under this paragraph within 30 days after final regulations are adopted pursuant to subparagraph (A) of this paragraph. Except as provided in paragraphs (6) and (7), the Commission shall, within 30 days after receipt of an application of a licensee of a qualifying low-power television station that is acceptable for filing, award such a class A television station license to such licensee. ``(D) Resolution of technical problems.--The Commission shall act to preserve the service area of each low-power television licensee pending the final resolution of the class A application of such licensee. If, after granting certification of eligibility for a class A license, technical problems arise requiring an engineering solution to a full-power station's allotted parameters or channel assignment in the digital television Table of Allotments, the Commission shall make such modifications, as necessary, to ensure replication of the full-power digital television applicant's service area, as provided for in section 73.622 of the Commission's regulations (47 CFR 73.622). ``(2) Qualifying low-power television stations.--For purposes of this subsection, a station is a qualifying low- power television station if-- ``(A)(i) during the 90 days preceding the date of enactment of the Community Broadcasters Protection Act of 1999-- ``(I) such station broadcast a minimum of 18 hours per day; ``(II) such station broadcast an average of at least 3 hours per week of programming that was produced within the market area served by such station, or the market area served by a group of commonly controlled low-power stations that carry common local programming produced within the market area served by such group; and ``(III) such station was in compliance with the Commission's requirements applicable to low-power television stations; and ``(ii) from and after the date of its application for a class A license, the station is in compliance with the Commission's operating rules for full-power television stations; or ``(B) the Commission determines that the public interest, convenience, and necessity would be served by treating the station as a qualifying low-power television station for purposes of this section, or for other reasons determined by the Commission. ``(3) Common ownership.--No low-power television station authorized as of the date of enactment of the Community Broadcasters Protection Act of 1999 shall be disqualified for a class A license based on common ownership with any other medium of mass communication. ``(4) Issuance of licenses for advanced television services to television translator stations and qualifying low-power television stations.--The Commission is not required to issue any additional license for advanced television services to the licensee of a class A television station under this subsection, or to any licensee of any television translator station, but shall accept a license application for such services proposing facilities that will not cause interference to the service area of any other broadcast facility applied for, protected, permitted, or authorized on the date of filing of the advanced television application. Such new license or the original license of the applicant shall be forfeited after the end of the digital television service transition period, as determined by the Commission. A licensee of a low-power television station or television translator station may, at the option of licensee, elect to convert to the provision of advanced television services on its analog channel, but shall not be required to convert to digital operation until the end of such transition period. ``(5) No preemption of section 337.--Nothing in this subsection preempts or otherwise affects section 337 of this Act. ``(6) Interim qualification.-- ``(A) Stations operating within certain bandwidth.--The Commission may not grant a class A license to a low-power television station for operation between 698 and 806 megahertz, but the Commission shall provide to low-power television stations assigned to and temporarily operating in that bandwidth the opportunity to meet the qualification requirements for a class A license. If such a qualified applicant for a class A license is assigned a channel within the core spectrum (as such term is defined in MM Docket 87-286, February 17, 1998), the Commission shall issue a class A license simultaneously with the assignment of such channel. ``(B) Certain channels off-limits.--The Commission may not grant under this subsection a class A license to a low-power television station operating on a channel within the core spectrum that includes any of the 175 additional channels referenced in paragraph 45 of its February 23, 1998, Memorandum Opinion and Order on Reconsideration of the Sixth Report and Order (MM Docket No. 87-268). Within 18 months after the date of enactment of the Community Broadcasters Protection Act of 1999, the Commission shall identify by channel, location, and applicable technical parameters those 175 channels. ``(7) No interference requirement.--The Commission may not grant a class A license, nor approve a modification of a class A license, unless the applicant or licensee shows that the class A station for which the license or modification is sought will not cause-- ``(A) interference within-- ``(i) the predicted Grade B contour (as of the date of enactment of the Community Broadcasters Protection Act of 1999, or November 1, 1999, whichever is later, or as proposed in a change application filed on or before such date) of any television station transmitting in analog format; or ``(ii)(I) the digital television service areas provided in the DTV Table of Allotments, (II) the areas protected in the Commission's digital television regulations (47 CFR 73.622 (e) and (f)), or (III) the digital television service areas of stations subsequently granted by the Commission prior to the filing of a class A application; ``(B) interference within the protected contour of any low-power television station or low-power television translator station that-- ``(i) was licensed prior to the date on which the application for a class A license, or for the modification of such a license, was filed; ``(ii) was authorized by construction permit prior to such date; or ``(iii) had a pending application that was submitted prior to such date; or ``(C) interference within the protected contour of 80 miles from the geographic center of the areas listed in section 22.625(b)(1) or 90.303 of the Commission's regulations (47 CFR 22.625(b)(1) and 90.303) for frequencies in-- ``(i) the 470-512 megahertz band identified in section 22.621 or 90.303 of such regulations; or ``(ii) the 482-488 megahertz band in New York.''.

Defines as a qualifying LPT station one which, during the 90 days preceding the date of enactment of this Act: (1) broadcast for at least 18 hours per day; (2) broadcast an average of at least three hours per week of programming that was produced within the market area served by such station or the market area served by a group of commonly controlled stations that carry common local or specialized programming produced within such market area; and (3) complied with other requirements applicable to LPT stations and, after the date of its license application, complies with the FCC's operating rules for full power television stations. Allows the FCC to treat non-qualifying stations as LPT stations under this Act if public interest, convenience, and necessity would be so served. Provides that: (1) the FCC is not required to issue any additional licenses for advanced television services to the licensees of class A television stations, or to the licensees of any television translator stations; and (2) the FCC shall approve such license applications proposing facilities that will not cause interference to the service area of any other broadcast facility applied for, protected, permitted, or authorized on the date of the filing of the class A advanced television application. States that nothing in this Act shall preempt Federal provisions concerning the allocation and assignment of new public safety services licenses and commercial licenses. Prohibits the FCC from granting a class A license to an LPT station operating between 698 and 806 megahertz, but requires the FCC to provide to LPT stations assigned to and temporarily operating within such bandwidth the opportunity to meet the licensing requirements. Prohibits the FCC from granting a class A license to an LPT station operating on a channel that includes any one of the 175 additional channels referenced within a certain FCC Memorandum of Opinion and Order of Reconsideration. Directs the FCC to identify such channels within 18 months after the enactment of this Act. Prohibits the FCC from granting a class A license unless the applicant or licensee shows that the station for which such license or modification is sought will not cause interference within the predicted Grade B contour of: (1) other television stations transmitting in analog format, or certain digital service areas, including licensed or authorized LPT stations; or (2) 80 miles from the geographic center of certain listed areas, including the 482-488 megahertz band in New York.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Shutdown Prevention Act''. SEC. 2. CONTINUING FUNDING. (a) In General.--If any regular appropriation bill for any fiscal year does not become law prior to the beginning of these fiscal years or a joint resolution making continuing appropriations is not in effect, there is appropriated, out of any moneys in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, such sums as may be necessary to continue any program, project, or activity for which funds were provided in those fiscal years. (b) Level of Funding.--Appropriations and funds made available, and authority granted, for a program, project, or activity for any fiscal year pursuant to this Act shall be at 100 percent of the rate of operations that was provided for the program, project, or activity in fiscal year 1999 in the corresponding regular appropriation Act for fiscal year 1999. (c) Period of Availability.--Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this Act for a program, project, or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the earlier of-- (1) the date on which the applicable regular appropriation bill for any fiscal year becomes law (whether or not that law provides for that program, project, or activity) or a continuing resolution making appropriations becomes law, as the case may be; or (2) the last day of any fiscal year. SEC. 3. TERMS AND CONDITIONS. (a) In General.--An appropriation of funds made available, or authority granted, for a program, project, or activity for any fiscal year pursuant to this Act shall be made available to the extent and in the manner which would be provided by the pertinent appropriations Act for fiscal year 1999, including all of the terms and conditions and the apportionment schedule imposed with respect to the appropriation made or funds made available for fiscal year 1999 or authority granted for the program, project, or activity under current law. (b) Extent and Manner.--Appropriations made by this Act shall be available to the extent and in the manner which would be provided by the pertinent appropriations Act. SEC. 4. COVERAGE. Appropriations and funds made available, and authority granted, for any program, project, or activity for any fiscal year pursuant to this Act shall cover all obligations or expenditures incurred for that program, project, or activity during the portion of any fiscal year for which this Act applies to that program, project, or activity. SEC. 5. EXPENDITURES. Expenditures made for a program, project, or activity for any fiscal year pursuant to this Act shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a joint resolution making continuing appropriations until the end of any fiscal year providing for that program, project, or activity for that period becomes law. SEC. 6. INITIATING OR RESUMING A PROGRAM, PROJECT, OR ACTIVITY. No appropriation or funds made available or authority granted pursuant to this Act shall be used to initiate or resume any program, project, or activity for which appropriations, funds, or other authority were not available during fiscal year 1999. SEC. 7. PROTECTION OF OTHER OBLIGATIONS. Nothing in this Act shall be construed to effect Government obligations mandated by other law, including obligations with respect to Social Security, Medicare, Medicaid, and veterans benefits. SEC. 8. DEFINITION. In this Act, the term ``regular appropriation bill'' means any annual appropriation bill making appropriations, otherwise making funds available, or granting authority, for any of the following categories of programs, projects, and activities: (1) Agriculture, rural development, and related agencies programs. (2) The Departments of Commerce, Justice, and State, the judiciary, and related agencies. (3) The Department of Defense. (4) The government of the District of Columbia and other activities chargeable in whole or in part against the revenues of the District. (5) The Departments of Labor, Health and Human Services, and Education, and related agencies. (6) The Departments of Veterans Affairs and Housing and Urban Development, and sundry independent agencies, boards, commissions, corporations, and offices. (7) Energy and water development. (8) Foreign assistance and related programs. (9) The Department of the Interior and related agencies. (10) Military construction. (11) The Department of Transportation and related agencies. (12) The Treasury Department, the U.S. Postal Service, the Executive Office of the President, and certain independent agencies. (13) The legislative branch.

Government Shutdown Prevention Act - Provides for continuing appropriations (at 100 percent of the rate of operations provided for in FY 1999) in the absence of regular appropriations for any fiscal year.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Water Infrastructure Financing Act of 1999''. SEC. 2. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS. Section 601(a) of the Federal Water Pollution Control Act (33 U.S.C. 1381(a)) is amended by striking ``(1) for construction'' and all that follows through the period at the end and inserting ``to accomplish the purposes of this Act.''. SEC. 3. CAPITALIZATION GRANTS AGREEMENTS. (a) Requirements for Construction of Treatment Works.--Section 602(b)(6) of the Federal Water Pollution Control Act (33 U.S.C. 1382(b)(6)) is amended-- (1) by striking ``before fiscal year 1995''; and (2) by striking ``201(b)'' and all that follows through ``218,'' and inserting ``211,''. (b) Guidance for Small Systems.--Section 602 of the Federal Water Pollution Control Act (33 U.S.C. 1382) is amended by adding at the end the following: ``(c) Guidance for Small Systems.-- ``(1) Simplified procedures.--Not later than 1 year after the date of enactment of this subsection, the Administrator shall assist the States in establishing simplified procedures for small systems to obtain assistance under this title. ``(2) Publication of manual.--Not later than 1 year after the date of enactment of this subsection, and after providing notice and opportunity for public comment, the Administrator shall publish a manual to assist small systems in obtaining assistance under this title and publish in the Federal Register notice of the availability of the manual. ``(3) Definition of small system.--In this title, the term `small system' means a system for which a municipality or intermunicipal, interstate, or State agency seeks assistance under this title and that serves a population of 20,000 or fewer inhabitants.''. SEC. 4. WATER POLLUTION CONTROL REVOLVING FUNDS. (a) Activities Eligible for Assistance.--Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended by striking subsection (c) and inserting the following: ``(c) Activities Eligible for Assistance.-- ``(1) In general.--The water pollution control revolving fund of a State shall be used only for providing financial assistance for activities that have, as a principal benefit, the improvement or protection of the water quality of navigable waters to a municipality, intermunicipal, interstate, or State agency, or other person, including activities such as-- ``(A) construction of a publicly owned treatment works; ``(B) implementation of lake protection programs and projects under section 314; ``(C) implementation of a nonpoint source management program under section 319; ``(D) implementation of a estuary conservation and management plan under section 320; ``(E) restoration or protection of publicly or privately owned riparian areas, including acquisition of property rights; ``(F) implementation of measures to improve the efficiency of public water use; ``(G) development and implementation of plans by a public recipient to prevent water pollution; and ``(H) acquisition of land necessary to meet any mitigation requirements related to construction of a publicly owned treatment works. ``(2) Fund amounts.-- ``(A) Repayments.--The water pollution control revolving fund of a State shall be established, maintained, and credited with repayments. ``(B) Availability.--The balance in the fund shall be available in perpetuity for providing financial assistance described in paragraph (1). ``(C) Fees.--Fees charged by a State to recipients of the assistance may be deposited in the fund and may be used only to pay the cost of administering this title.''. (b) Extended Repayment Period for Disadvantaged Communities.-- Section 603(d)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)(1)) is amended-- (1) in subparagraph (A), by inserting after ``20 years'' the following: ``or, in the case of a disadvantaged community, the lesser of 40 years or the expected life of the project to be financed with the proceeds of the loan''; and (2) in subparagraph (B), by striking ``not later than 20 years after project completion'' and inserting ``on the expiration of the term of the loan''. (c) Loan Guarantees for Innovative Technology.--Section 603(d) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)) is amended by striking paragraph (5) and inserting the following: ``(5) to provide loan guarantees for-- ``(A) similar revolving funds established by municipalities or intermunicipal agencies; and ``(B) developing and implementing innovative technologies;''. (d) Administrative Expenses.--Section 603(d)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)(7)) is amended by inserting before the period at the end the following: ``or the greater of $400,000 per year or an amount equal to \1/2\ percent per year of the current valuation of the fund, plus the amount of any fees collected by the State under subsection (c)(2)(C)''. (e) Technical and Planning Assistance for Small Systems.--Section 603(d) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)) is amended-- (1) in paragraph (6), by striking ``and'' at the end; (2) in paragraph (7), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(8) to provide to small systems technical and planning assistance and assistance in financial management, user fee analysis, budgeting, capital improvement planning, facility operation and maintenance, repair schedules, and other activities to improve wastewater treatment plant operations, except that the amounts used under this paragraph for a fiscal year shall not exceed 2 percent of all grants provided to the fund for the fiscal year under this title.''. (f) Consistency With Planning Requirements.--Section 603(f) of the Federal Water Pollution Control Act (33 U.S.C. 1383(f)) is amended by striking ``is consistent'' and inserting ``is not inconsistent''. (g) Construction Assistance.--Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended by striking subsection (g) and inserting the following: ``(g) Construction Assistance.-- ``(1) Priority list requirement.--The State may provide financial assistance from the water pollution control revolving fund of the State for a project for construction of a publicly owned treatment works only if the project is on the priority list of the State under section 216, without regard to the rank of the project on the list. ``(2) Eligibility of certain treatment works.--A treatment works shall be treated as a publicly owned treatment works for purposes of subsection (c) if the treatment works, without regard to ownership, would be considered a publicly owned treatment works and is principally treating municipal waste water or domestic sewage.''. (h) Interest Rates.--Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended by adding at the end the following: ``(i) Interest Rates.-- ``(1) In general.--In any case in which a State makes a loan under subsection (d)(1) to a disadvantaged community, the State may charge a negative interest rate of not to exceed 2 percent to reduce the unpaid principal of the loan. ``(2) Limitation.--The aggregate amount of all negative interest rate loans the State makes for a fiscal year under paragraph (1) shall not exceed 20 percent of the aggregate amount of all loans made by the State from the water pollution control revolving fund for the fiscal year. ``(j) Definition of Disadvantaged Community.--In this section, the term `disadvantaged community' means the service area of a publicly owned treatment works with respect to which the average annual residential sewage treatment charges for a user of the treatment works meet affordability criteria established by the State in which the treatment works is located (after providing for public review and comment) in accordance with guidelines established by the Administrator in cooperation with the States.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 607 of the Federal Water Pollution Control Act (33 U.S.C. 1387) is amended by striking ``the following sums:'' and all that follows through the period at the end of paragraph (5) and inserting ``$3,000,000,000 for each of fiscal years 2001 through 2005.''.

Removes certain requirements for States with respect to construction of treatment works under capitalization grant agreements. Directs the Administrator of the Environmental Protection Agency to assist States in establishing simplified procedures for small water systems to obtain assistance under the Act. Requires revolving funds to be used only for providing assistance for activities that have as a principal benefit the improvement or protection of water quality of navigable waters. Adds activities to the list of those which may be assisted. Provides for a repayment period of the lesser of 40 years or the expected life of the project to be financed with loan proceeds with respect to loans made to disadvantaged communities from revolving funds. Requires loans made from such funds to be fully amortized upon the expiration of the loan term (currently, no later than 20 years after project completion). Requires such funds to provide: (1) loan guarantees for developing and implementing innovative technologies; and (2) technical, planning, and other specified assistance to small systems. Treats a treatment works as a publicly owned treatment works, for purposes of eligibility for construction assistance from a revolving fund, if the treatment works, without regard to ownership, would be considered a publicly owned treatment works and is principally treating municipal waste water or domestic sewage. Provides for negative interest rates of up to two percent to reduce the unpaid principal on loans from revolving funds made to disadvantaged communities. Reauthorizes appropriations for FY 2001 through 2005 for the revolving fund program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety and Protection Investment Act of 2005''. SEC. 2. BUSINESS DEDUCTION FOR PURCHASE AND INSTALLATION OF SECURITY DEVICES. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 179B the following new section: ``SEC. 179C. SECURITY DEVICE PURCHASES. ``(a) Allowance of Deduction.--A taxpayer may elect to treat the cost of any qualifying security device as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which such device is placed in service. ``(b) Definitions.--For purposes of this section-- ``(1) Qualifying security device.--The term `qualifying security device' means a security device (to which section 168 applies) which is acquired by purchase (as defined in section 179(d)(2)) and which is installed or placed in service in a building which is owned or occupied by the taxpayer and which is located in the United States. ``(2) Security device.--The term `security device' means any of the following: ``(A) An electronic access control device or system. ``(B) Biometric identification or verification device or system. ``(C) Closed-circuit television or other surveillance and security cameras and equipment. ``(D) Locks for doors and windows, including tumbler, key, and numerical or other coded devices. ``(E) Computers and software used to combat cyberterrorism. ``(F) Electronic alarm systems to provide detection notification and off-premises transmission of an unauthorized entry, attack, or fire. ``(G) An electronic device capable of tracking or verifying the presence of assets. ``(H) High efficiency air filtering systems. ``(I) Mechanical and non-mechanical vehicle arresting barricades. ``(J) Metal detectors. ``(K) Signal repeating devices for emergency response personnel wireless communication systems. ``(L) Components, wiring, system displays, terminals, auxiliary power supplies, computer systems, software, networking infrastructure and other equipment necessary or incidental to the operation of any item described in any of the preceding subparagraphs. ``(3) Building.--The term `building' includes any structure or part of a structure used for commercial, retail, or business purposes. ``(c) Special Rules.-- ``(1) Basis reduction.--For purposes of this subtitle, if a deduction is allowed under this section with respect to the purchase of a qualifying security device, the basis of such device shall be reduced by the amount of the deduction so allowed. ``(2) Certain rules to apply.--Rules similar to the rules of section 179(b)(3), section 179(c), and paragraphs (3), (4), (8), and (10) of section 179(d), shall apply for purposes of this section.''. (b) Conforming and Clerical Amendments.-- (1) Section 263(a)(1) of such Code is amended by striking ``or'' at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting ``, or'', and by inserting after subparagraph (I) the following new subparagraph: ``(J) expenditures for which a deduction is allowed under section 179C.''. (2) Section 312(k)(3)(B) of such Code is amended by striking ``or 179B'' each place it appears in the heading and text and inserting ``179B, or 179C''. (3) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, and'', and by inserting after paragraph (31) the following new paragraph: ``(32) to the extent provided in section 179C(d)(1),''. (4) Section 1245(a) of such Code is amended by inserting ``179C,'' after ``179B,'' both places it appears in paragraphs (2)(C) and (3)(C). (5) The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 179B the following new item: ``Sec. 179C. Security device purchases.''. (c) Effective Date.--The amendments made by this Act shall apply to taxable years ending after the date of the enactment of this Act.

Public Safety and Protection Investment Act of 2005 - Amends the Internal Revenue Code to allow individual and corporate taxpayers to expense (i.e., claim a full tax deduction in the current taxable year) the costs of purchasing and installing certain qualifying security devices.

SECTION. 1. DEMONSTRATION PROJECT FOR MEDICAL ADULT DAY CARE SERVICES. (a) Establishment.--Subject to the succeeding provisions of this section, the Secretary of Health and Human Services shall establish a demonstration project (in this section referred to as the ``demonstration project'') under which the Secretary shall, as part of a plan of an episode of care for home health services established for a medicare beneficiary, permit a home health agency, directly or under arrangements with a medical adult day care facility, to provide medical adult day care services as a substitute for a portion of home health services that would otherwise be provided in the beneficiary's home. (b) Payment.-- (1) In general.--The amount of payment for an episode of care for home health services, a portion of which consists of substitute medical adult day care services, under the demonstration project shall be made at a rate equal to 95 percent of the amount that would otherwise apply for such home health services under section 1895 of the Social Security Act (42 U.S.C. 1395fff). In no case may a home health agency, or a medical adult day care facility under arrangements with a home health agency, separately charge a beneficiary for medical adult day care services furnished under the plan of care. (2) Budget neutrality for demonstration project.-- Notwithstanding any other provision of law, the Secretary shall provide for an appropriate reduction in the aggregate amount of additional payments made under section 1895 of the Social Security Act (42 U.S.C. 1395fff) to reflect any increase in amounts expended from the Trust Funds as a result of the demonstration project conducted under this section. (c) Demonstration Project Sites.--The project established under this section shall be conducted in not more than 5 States selected by the Secretary that license or certify providers of services that furnish medical adult day care services. (d) Duration.--The Secretary shall conduct the demonstration project for a period of 3 years. (e) Voluntary Participation.--Participation of medicare beneficiaries in the demonstration project shall be voluntary. The total number of such beneficiaries that may participate in the project at any given time may not exceed 15,000. (f) Preference in Selecting Agencies.--In selecting home health agencies to participate under the demonstration project, the Secretary shall give preference to those agencies that are currently licensed or certified through common ownership and control to furnish medical adult day care services. (g) Waiver Authority.--The Secretary may waive such requirements of title XVIII of the Social Security Act as may be necessary for the purposes of carrying out the demonstration project, other than waiving the requirement that an individual be homebound in order to be eligible for benefits for home health services. (h) Evaluation and Report.--The Secretary shall conduct an evaluation of the clinical and cost effectiveness of the demonstration project. Not later 30 months after the commencement of the project, the Secretary shall submit to Congress a report on the evaluation, and shall include in the report the following: (1) An analysis of the patient outcomes and costs of furnishing care to the medicare beneficiaries participating in the project as compared to such outcomes and costs to beneficiaries receiving only home health services for the same health conditions. (2) Such recommendations regarding the extension, expansion, or termination of the project as the Secretary determines appropriate. (i) Definitions.--In this section: (1) Home health agency.--The term ``home health agency'' has the meaning given such term in section 1861(o) of the Social Security Act (42 U.S.C. 1395x(o)). (2) Medical adult day care facility.--The term ``medical adult day care facility'' means a facility that-- (A) has been licensed or certified by a State to furnish medical adult day care services in the State for a continuous 2-year period; (B) is engaged in providing skilled nursing services and other therapeutic services directly or under arrangement with a home health agency; (C) meets such standards established by the Secretary to assure quality of care and such other requirements as the Secretary finds necessary in the interest of the health and safety of individuals who are furnished services in the facility; and (D) provides medical adult day care services. (3) Medical adult day care services.--The term ``medical adult day care services'' means-- (A) home health service items and services described in paragraphs (1) through (7) of section 1861(m) furnished in a medical adult day care facility; (B) a program of supervised activities furnished in a group setting in the facility that-- (i) is designed to promote physical and mental health of the individuals; and (ii) meet such criteria as the Secretary determines appropriate; and (C) such other services as the Secretary may specify. (4) Medicare beneficiary.--The term ``medicare beneficiary'' means an individual entitled to benefits under part A of this title, enrolled under part B of this title, or both.

Directs the Secretary of Health and Human Services to establish a demonstration project under which the Secretary shall, as part of a plan of an episode of care for home health services established for a Medicare beneficiary, permit a home health agency, directly or under arrangements with a medical adult day care facility, to provide medical adult day care services as a substitute for a portion of home health services that would otherwise be provided in the beneficiary's home.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection from Rogue Oil Traders Engaging in Computerized Trading Act'' or the ``PROTECT Act''. SEC. 2. REQUIREMENTS APPLICABLE TO HIGH FREQUENCY TRADERS OF COMMODITY FUTURES AND OPTIONS. (a) In General.--The Commodity Exchange Act (7 U.S.C. 1 et seq.) is amended by inserting after section 4t the following: ``SEC. 4U. REQUIREMENTS APPLICABLE TO HIGH FREQUENCY TRADERS. ``(a) Registration.--It shall be unlawful for any person to engage in an activity that the Commission has defined in regulations as high frequency trading, unless the person has registered with the Commission (in such form, in such manner, and providing such information as the Commission shall prescribe) as a high frequency trader, and the registration has not expired or been suspended or revoked. ``(b) Other Requirements.--A registered high frequency trader shall-- ``(1) test all computer programs and algorithms used by the trader in any high frequency trading activity and determine whether the programs and algorithms are functioning properly, in such manner and with such frequency as the Commission shall prescribe in regulations; ``(2) establish and document high frequency trading system safeguards reasonably designed to ensure the proper function of all programs and algorithms used by the high frequency trader including conditions and parameters relating to the automatic termination, pausing, or cancellation of the trader's messaging or trading activity, maximum message and trade execution rates and order sizes, intra-day risk position limits, and market and trade monitoring systems that are appropriate for ensuring compliance with the system safeguards, including systems designed to monitor market volatility and the trader's risk position on an intra-day basis; ``(3) shall not simultaneously purchase and sell through the same or different accounts the same commodity contract, agreement, or transaction, unless the simultaneous purchases and sales are of a de minimis quantity and are reported to the Commission periodically, in a form and manner to be determined by the Commission; ``(4) submit to the Commission semiannual reports on the high frequency trading activities of the trader during the period covered by the report, in such form, in such manner, and containing such information as the Commission may require, signed by the chief executive officer (or equivalent officer) of the trader; and ``(5) conform with such business conduct standards as may be prescribed by the Commission by rule or regulation that relate to-- ``(A) fraud, manipulation, and other abusive or disruptive practices, and other practices that may affect market integrity involving high frequency traders (including high frequency trades that are offered but not entered into); and ``(B) such other matters as the Commission may determine are appropriate in the public interest or otherwise in furtherance of the purposes of this Act, including information necessary to develop a classification scheme and public reports relating to high frequency traders and trading activity and sub- categories thereto.''. (b) Deadline for Issuance of Rules Defining High Frequency Trading.--Within 9 months after the date of the enactment of this Act, the Commodity Futures Trading Commission shall prescribe final regulations defining the activities that shall be considered to be high frequency trading for purposes of section 4u of the Commodities Exchange Act. SEC. 3. FINE FOR HIGH FREQUENCY TRADING VIOLATION REQUIRED TO BE BASED ON THE DURATION OF THE VIOLATION. Section 9 of the Commodity Exchange Act (7 U.S.C. 13) is amended by adding at the end the following: ``(f) Fine for High Frequency Trading Violation Required To Be Based on the Duration of the Violation.--The amount of a fine imposed under this Act with respect to a violation of a high frequency trading regulation shall be determined on the basis of the number of seconds, including fractions of seconds, during which the violation continued.''. SEC. 4. CIVIL PENALTIES UNDER THE COMMODITY EXCHANGE ACT. (a) Authority of the Commodity Futures Trading Commission To Define Meaning of ``Each Violation''.--Section 9 of the Commodity Exchange Act (7 U.S.C. 13), as amended by section 3 of this Act, is amended by adding at the end the following: ``(g) Authority To Define Scope of Violation.--The Commission may define the scope of any violation for purposes of determining the number of violations involved in any case arising under this Act.''. (b) Enforcement Powers of the Commission.--Section 6 of such Act is amended-- (1) in paragraph (10) of subsection (c) (7 U.S.C. 9), by striking subparagraph (C) and inserting the following: ``(C) assess such person-- ``(i) a civil penalty of not more than an amount equal to the greater of-- ``(I) $1,000,000, in the case of a person who is an individual, for each violation; ``(II) $10,000,000, in the case of any person other than an individual, for each violation; ``(III) triple the monetary gain to the person and all other persons acting in concert with the person, for each such violation; or ``(IV) triple the total amount of losses to persons proximately caused by each such violation; or ``(ii) a civil penalty of triple the maximum amount otherwise available under clause (i) if the person, within 5 years preceding the violation, has been-- ``(I) found in a proceeding brought by the Commission, or by agreement of settlement to which the Commission is a party, to have recklessly or willfully violated any provision of this Act or of the rules, regulations, or orders of the Commission thereunder; or ``(II) convicted of any criminal offense that involves a violation of this Act or of the rules, regulations, or orders of the Commission thereunder; and''; (2) in subsection (d) (7 U.S.C. 13b)-- (A) by inserting ``(1)'' after ``(d)''; (B) by striking ``$140,000 or triple the monetary gain to such person,'' and inserting ``(A) $1,000,000, in the case of a person who is an individual, for each violation, (B) $10,000,000, in the case of any person other than an individual, for each violation, (C) triple the monetary gain to the person and all other persons acting in concert with the person, for each such violation, or (D) triple the total amount of losses to persons proximately caused by each such violation,''; and (C) by striking the period and inserting ``; and''; and (D) by adding after and below the end the following: ``(2)(A) A person shall be held liable for a civil penalty in triple the amount otherwise available for a violation under this subsection if the person, within 5 years preceding such violation, has been-- ``(i) found in a proceeding brought by the Commission, or by agreement of settlement to which the Commission is a party, to have recklessly or willfully violated any provision of this Act or the rules, regulations, or orders of the Commission thereunder; or ``(ii) convicted of any criminal offense that involves violation of this Act or the rules, regulations, or orders of the Commission thereunder.''. (c) Nonenforcement of Rules of Government or Other Violations.-- Section 6b of such Act (7 U.S.C. 13a) is amended in the 1st sentence-- (1) by striking ``$500,000 for each such violation, or, in any case of manipulation or attempted manipulation in violation of section 6(c), 6(d), or 9(a)(2), a civil penalty of not more than $1,000,000 for each such violation'' and inserting ``(A) $1,000,000, in the case of a person who is an individual, for each violation, (B) $10,000,000, in the case of any person other than an individual, for each violation, (C) triple the monetary gain to the person and all other persons acting in concert with the person, for each such violation, or (D) triple the total amount of losses to persons proximately caused by each such violation, and such civil penalty shall be assessed for each violation on which a failure to enforce or other violation occurs or has occurred; provided that a registered entity, director, officer, agent, or employee shall be assessed a civil penalty of triple the amount otherwise available if the person, within 5 years of such violation, has been found in a proceeding brought by the Commission, or by agreement of settlement to which the Commission is a party, to have recklessly or willfully violated any provision of this Act or the rules, regulations, or orders of the Commission thereunder, or convicted of any criminal offense that involves a violation of this Act or the rules, regulations, or orders of the Commission thereunder''. (d) Action To Enjoin or Restrain Violations.--Section 6c(d) of such Act (7 U.S.C. 13a-1(d)) is amended-- (1) in paragraph (1), by inserting ``a civil penalty in the amount of'' after ``violation''; and (2) by striking subparagraphs (A) and (B) of paragraph (1) and inserting the following: ``(A) not more than the greater of-- ``(i) ``$1,000,000, in the case of a person who is an individual, for each violation; ``(ii) $10,000,000, in the case of any person other than an individual, for each violation; ``(iii) triple the monetary gain to the person and all other persons acting in concert with the person, for each such violation; or ``(iv) triple the total amount of losses by persons proximately caused by each such violation; or ``(B) triple the maximum amount otherwise available under subparagraph (A) if the person, within 5 years preceding the violation, has been-- ``(i) found in a proceeding brought by the Commission, or by agreement of settlement to which the Commission is a party, to have recklessly or willfully violated any provision of this Act or of the rules, regulations, or orders of the Commission thereunder; or ``(ii) convicted of any criminal offense that involves a violation of this Act or of the rules, regulations, or orders of the Commission thereunder.''. (e) Criminal Penalties.--Section 9(a) of such Act (7 U.S.C. 13(a)) is amended by inserting ``in the case of an individual or $10,000,000 in the case of any person other than an individual, for each violation,'' after ``$1,000,000''. (f) Statute of Limitations.--Section 9 of such Act (7 U.S.C. 13) is amended by adding at the end the following: ``(f) Statute of Limitations.--An action, suit or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, shall not be entertained unless commenced within 10 years after the date when the claim first accrued if, within the same period, the offender or the property is found within the United States in order that proper service may be made thereon.''. SEC. 5. EFFECTIVE DATES. (a) Requirements Applicable to High Frequency Traders.--The amendment made by section 2(a) shall take effect on the date that is 9 months after the date of the enactment of this Act. (b) Penalties Provisions.--The amendments made by sections 3 and 4 shall take effect on the date that is 15 days after the date of the enactment of this Act.

Protection from Rogue Oil Traders Engaging in Computerized Trading Act or PROTECT Act - Amends the Commodities Exchange Act to make it unlawful to engage in an activity that the Commodities Futures Trading Commission (CFTC) has defined as high frequency trading, unless the person has registered with the CFTC as a high frequency trader, and the registration has neither expired nor been suspended or revoked. Prescribes requirements governing high frequency trading. Requires the fine for a high frequency trading violation to be based on the number of seconds, including fractions of seconds, during which the violation continued. Authorizes the CFTC to define the scope of any violation for purposes of determining the number involved in any civil case arising under this Act. Increases the civil penalties for violations of the prohibition against manipulation and false information with respect to swaps and commodities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Law Enforcement Hate Crimes Prevention Act of 2007''. SEC. 2. DEFINITION OF HATE CRIME. In this Act-- (1) the term ``crime of violence'' has the meaning given that term in section 16, title 18, United States Code; (2) the term ``hate crime'' has the meaning given such term in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (28 U.S.C. 994 note); and (3) the term ``local'' means a county, city, town, township, parish, village, or other general purpose political subdivision of a State. SEC. 3. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT OFFICIALS. (a) Assistance Other Than Financial Assistance.-- (1) In general.--At the request of State, local, or Tribal law enforcement agency, the Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that-- (A) constitutes a crime of violence; (B) constitutes a felony under the State, local, or Tribal laws; and (C) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the State, local, or Tribal hate crime laws. (2) Priority.--In providing assistance under paragraph (1), the Attorney General shall give priority to crimes committed by offenders who have committed crimes in more than one State and to rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime. (b) Grants.-- (1) In general.--The Attorney General may award grants to State, local, and Indian law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes. (2) Office of justice programs.--In implementing the grant program under this subsection, the Office of Justice Programs shall work closely with grantees to ensure that the concerns and needs of all affected parties, including community groups and schools, colleges, and universities, are addressed through the local infrastructure developed under the grants. (3) Application.-- (A) In general.--Each State, local, and Indian law enforcement agency that desires a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require. (B) Date for submission.--Applications submitted pursuant to subparagraph (A) shall be submitted during the 60-day period beginning on a date that the Attorney General shall prescribe. (C) Requirements.--A State, local, and Indian law enforcement agency applying for a grant under this subsection shall-- (i) describe the extraordinary purposes for which the grant is needed; (ii) certify that the State, local government, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime; (iii) demonstrate that, in developing a plan to implement the grant, the State, local, and Indian law enforcement agency has consulted and coordinated with nonprofit, nongovernmental violence recovery service programs that have experience in providing services to victims of hate crimes; and (iv) certify that any Federal funds received under this subsection will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subsection. (4) Deadline.--An application for a grant under this subsection shall be approved or denied by the Attorney General not later than 30 business days after the date on which the Attorney General receives the application. (5) Grant amount.--A grant under this subsection shall not exceed $100,000 for any single jurisdiction in any 1-year period. (6) Report.--Not later than December 31, 2008, the Attorney General shall submit to Congress a report describing the applications submitted for grants under this subsection, the award of such grants, and the purposes for which the grant amounts were expended. (7) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2008 and 2009. SEC. 4. GRANT PROGRAM. (a) Authority To Award Grants.--The Office of Justice Programs of the Department of Justice may award grants, in accordance with such regulations as the Attorney General may prescribe, to State, local, or Tribal programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in identifying, investigating, prosecuting, and preventing hate crimes. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 5. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT. There are authorized to be appropriated to the Department of Justice, including the Community Relations Service, for fiscal years 2008, 2009, and 2010 such sums as are necessary to increase the number of personnel to prevent and respond to alleged violations of section 249 of title 18, United States Code, as added by section 7 of this Act. SEC. 6. PROHIBITION OF CERTAIN HATE CRIME ACTS. (a) In General.--Chapter 13 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 249. Hate crime acts ``(a) In General.-- ``(1) Offenses involving actual or perceived race, color, religion, or national origin.--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 or incendiary 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, fined in accordance with this title, or both; and ``(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if-- ``(i) death results from the offense; or ``(ii) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ``(2) Offenses involving actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability.-- ``(A) In general.--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 or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity or disability of any person-- ``(i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and ``(ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if-- ``(I) death results from the offense; or ``(II) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ``(B) Circumstances described.--For purposes of subparagraph (A), the circumstances described in this subparagraph are that-- ``(i) the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim-- ``(I) across a State line or national border; or ``(II) using a channel, facility, or instrumentality of interstate or foreign commerce; ``(ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A); ``(iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or ``(iv) the conduct described in subparagraph (A)-- ``(I) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or ``(II) otherwise affects interstate or foreign commerce. ``(b) Certification Requirement.--No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that-- ``(1) such certifying individual has reasonable cause to believe that the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person was a motivating factor underlying the alleged conduct of the defendant; and ``(2) such certifying individual has consulted with State or local law enforcement officials regarding the prosecution and determined that-- ``(A) the State does not have jurisdiction or does not intend to exercise jurisdiction; ``(B) the State has requested that the Federal Government assume jurisdiction; ``(C) the State does not object to the Federal Government assuming jurisdiction; or ``(D) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence. ``(c) Definitions.--In this section-- ``(1) the term `explosive or incendiary device' has the meaning given such term in section 232 of this title; ``(2) the term `firearm' has the meaning given such term in section 921(a) of this title; and ``(3) the term `gender identity' for the purposes of this chapter means actual or perceived gender-related characteristics. ``(d) Rule of Evidence.--In a prosecution for an offense under this section, evidence of expression or associations of the defendant may not be introduced as substantive evidence at trial, unless the evidence specifically relates to that offense. However, nothing in this section affects the rules of evidence governing impeachment of a witness.''. (b) Technical and Conforming Amendment.--The table of sections at the beginning of chapter 13 of title 18, United States Code, is amended by adding at the end the following new item: ``249. Hate crime acts.''. SEC. 7. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby. SEC. 8. RULE OF CONSTRUCTION. Nothing in this Act, or the amendments made by this Act, shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by the free speech or free exercise clauses of, the First Amendment to the Constitution. Passed the House of Representatives May 3, 2007. Attest: LORRAINE C. MILLER, Clerk.

Local Law Enforcement Hate Crimes Prevention Act of 2007 - (Sec. 3) Defines "hate crime" as a violent act causing death or bodily injury because of the actual or perceived race, color, religion, national origin, sexual orientation, gender, gender identity or disability of the victim. (Sec. 4) Authorizes the Attorney General, at the request of a state, local, or Tribal law enforcement agency, to provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of any crime that: (1) constitutes a crime of violence; (2) constitutes a felony under state, local, or Tribal laws; and (3) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim or is a violation of the state, local, or Tribal hate crime laws. Requires the Attorney General to give priority for assistance to crimes committed by offenders who have committed crimes in more than one state and to rural jurisdictions that have difficulty covering extraordinary investigation or prosecution expenses. Authorizes the Attorney General to award grants to state, local, and Indian law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes. Requires the Department of Justice Office of Justice Programs to work closely with grant recipients to ensure that the concerns and needs of all affected parties under the grant program are addressed. Sets forth requirements and deadlines for grant applications. Limits grant amounts to $100,000 for any single jurisdiction in any one-year period. Requires the Attorney General to submit a report to Congress on the grant program by December 31, 2008. Authorizes appropriations for FY2008-FY2009. (Sec. 5) Authorizes the Office of Justice Programs to award grants to state, local, or Tribal programs designed to combat hate crimes committed by juveniles. Authorizes appropriations. (Sec. 6) Authorizes appropriations for FY2008-FY2010 for additional personnel to prevent and respond to hate crime violations. (Sec. 7) Amends the federal criminal code to impose a fine and/or prison term of up to 10 years on any person who willfully causes bodily injury to any person, or who, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily harm to any person, because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of such person. Requires certification by the Attorney General or other Department of Justice official of certain findings relating to an alleged hate crime prior to initiating a prosecution for such crime. Excludes evidence of expression or association of a defendant in a hate crime prosecution at trial, unless such evidence specifically relates to the offense being prosecuted. (Sec. 8) Provides that nothing in this Act shall be construed to prohibit expressive conduct or activities protected by the First Amendment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Business Activity Tax Simplification Act of 2003''. SEC. 2. REMOVAL OF CERTAIN LIMITATIONS ON THE APPLICATION OF PUBLIC LAW 86-272. (a) Solicitations With Respect to Sales of Other Than Tangible Personal Property.--Section 101 of the Act entitled ``An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto'', approved September 14, 1959 (15 U.S.C. 381 et seq.) is amended-- (1) in subsections (a) and (c), by striking ``of tangible personal property''; and (2) in subsection (d) by striking ``the sale of, tangible personal property'' and inserting ``a sale,''. (b) Application of Prohibitions to Other Business Activity Taxes.-- Title I of the Act entitled ``An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto'', approved September 14, 1959 (15 U.S.C. 381 et seq.) is amended by adding at the end the following: ``Sec. 105. Beginning with taxable periods beginning on or after the first day of the first calendar year that begins after the date of the enactment of the Business Activity Tax Simplification Act of 2003, the prohibitions of section 101 that apply with respect to net income taxes shall also apply with respect to each other business activity tax, as defined in section 4 of the Business Activity Tax Simplification Act of 2003. A State or subdivision may not assess or collect any tax which by reason of this section the State or subdivision may not impose.''. (c) Effective Date of Subsection (a) Amendments.--The amendments made by subsection (a) shall apply with respect to the imposition, assessment, and collection of taxes for taxable periods beginning on or after the first day of the first calendar year that begins after the date of the enactment of the Business Activity Tax Simplification Act of 2003. SEC. 3. JURISDICTIONAL STANDARD FOR STATE AND LOCAL NET INCOME TAXES AND OTHER BUSINESS ACTIVITY TAXES. (a) In General.--Except as otherwise provided by this Act, no taxing authority of a State shall have power to impose, assess, or collect a net income tax or other business activity tax on any person relating to such person's activities in interstate commerce, unless such person has a physical presence in the State during the taxable period with respect to which the tax is imposed. (b) Requirements for Physical Presence.--Except as otherwise provided by this Act, for the purposes of subsection (a), a person has a physical presence in a State only if such person's business activities within such State include any of the following during the person's taxable year: (1) Being an individual physically within the State, or assigning one or more employees to be in such State, on more than 21 days. However, the following shall be disregarded in determining whether such 21-day limit has been exceeded: (A) Activities in connection with a possible purchase of goods or services for the business. (B) Gathering news and covering events for print, broadcast, or other distribution through the media. (C) Meeting government officials for purposes other than selling goods or services. (D) Participation in educational or training conferences, seminars or other similar functions. (E) Participating in charitable activities. (2) Using the services of another person, except an employee, in such State, on more than 21 days to establish or maintain the market in that State, unless that other person performs similar functions on behalf of at least one additional business entity during the taxable year. (3) The leasing or owning of tangible personal property or real property in such State on more than 21 days. However, the following shall be disregarded in determining whether such 21- day limit has been exceeded: (A) Tangible property located in the State for purposes of being assembled, manufactured, processed, or tested by another person for the benefit of the owner or lessee, or used to furnish a service to the owner or lessee by another person. (B) Marketing or promotional materials distributed in a State using mail or a common carrier, or as inserts in or components of publications. (C) Any property to the extent used ancillary to an activity excluded from the computation of the 21-day period under paragraph (1) or (2). (c) Taxable Periods not Consisting of a Year.--If the taxable period for which the tax is imposed is not a year, then any requirements expressed in days for establishing physical presence under this Act shall be adjusted pro rata accordingly. (d) Exceptions.-- (1) Domestic business entities and individuals domiciled in the state.--Subsection (a) does not apply with respect to-- (A) a person (other than an individual) that is incorporated or formed under the laws of the State or commercially domiciled in the State in which the tax is imposed; or (B) an individual who is domiciled in the State. (2) Taxation of partners and similar persons.--If a taxing authority is not prohibited by this section from taxing an entity that is a partnership, a Subchapter S corporation, a limited liability company, a trust, or an estate, or another similar entity, that taxing authority is also not prohibited by this section from taxing the owners or beneficiaries of the entity, if State law imposes the tax not on the entity itself but on the entity's owners or beneficiaries, whether or not they are in the State, with respect to their ownership interest in the entity. (3) Certain activities.--With respect to the following, subsection (b) shall be read by substituting ``one day'' for ``more than 21 days'': (A) The sale within the State of tangible personal property, where delivery of the property originates and is completed within that State. (B) The performance of services to real property within the State. (4) Exception relating to certain performances and sporting events.--With respect to the taxation of one of the following, subsection (b) shall be read by substituting ``one day'' for ``more than 21 days'': (A) A live performance in the State, before a live audience of more than 100 individuals. (B) A live sporting event in the State before more than 100 spectators present at the event. SEC. 4. DEFINITIONS. The following definitions apply in this Act: (1) Net income tax.--The term ``net income tax'' has the meaning given that term for the purposes of the Act entitled ``An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto'', approved September 14, 1959 (15 U.S.C. 381 et seq.). (2) Other business activity tax.-- (A) The term ``other business activity tax'' means-- (i) a tax imposed on or measured by gross receipts, gross income, or gross profits; (ii) a business licence tax; (iii) a business and occupation tax; (iv) a franchise tax; (v) a single business tax or a capital stock tax; or (vi) any other tax imposed by a State on a business for the right to do business in that State or measured by the amount of, or economic results of, business or related activity conducted in that State. (B) The term ``other business activity tax'' does not include a transaction tax. (3) State.--The term ``State'' means any of the several States, the District of Columbia, or any territory or possession of the United States, and any political subdivision thereof. SEC. 5. GENERAL MATTERS. (a) Rule of Construction.--The limitation on the power of a State imposed by section 3 does not affect any other limitation on that power imposed by other law. (b) Effective Date.--This Act applies with respect to taxable periods beginning on and after the first day of the first year that begins after the date of enactment of this Act.

Business Activity Tax Simplification Act of 2003 - Amends Federal law concerning the taxation of interstate commerce to expand the scope of the protections prohibiting taxation by jurisdictions of the income of out-of-state corporations whose in-state presence is nominal from just tangible personal property to include intangible property and services. Requires an out-of-state company to have a physical presence in a State before the State can impose franchise taxes, business license taxes, and other business activity taxes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family and Medical Leave Enhancement Act of 2008''. SEC. 2. ELIGIBLE EMPLOYEE. Section 101(2)(B)(ii) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)(B)(ii)) is amended by striking ``less than 50'' each place it appears and inserting ``fewer than 25''. SEC. 3. ENTITLEMENT TO ADDITIONAL LEAVE FOR PARENTAL INVOLVEMENT. (a) Leave Requirement.--Section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end the following new paragraph: ``(5) Entitlement to additional leave for parental involvement.-- ``(A) In general.--Subject to subparagraph (B) and section 103(g), an eligible employee shall be entitled to leave under this paragraph to participate in or attend an activity that-- ``(i) is sponsored by a school or community organization; and ``(ii) relates to a program of the school or organization that is attended by a son or daughter or a grandchild of the employee. ``(B) Limitations.-- ``(i) In general.--An eligible employee is entitled to-- ``(I) not to exceed 4 hours of leave under this paragraph during any 30-day period; and ``(II) not to exceed 24 hours of leave under this paragraph during any 12-month period. ``(ii) Coordination rule.--Leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection. ``(C) Definitions.--As used in this paragraph: ``(i) School.--The term `school' means an elementary school or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.), and a child care facility licensed under State law. ``(ii) Community organization.--The term `community organization' means a private nonprofit organization that is representative of a community or a significant segment of a community and provides activities for individuals described in subparagraph (A) or (B) of section 101(12), such as a scouting or sports organization.''. (b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the third sentence the following new sentence: ``Leave under subsection (a)(5) may be taken intermittently or on a reduced leave schedule.''. (c) Substitution of Paid Leave.--Section 102(d)(2) of such Act (29 U.S.C. 2612(d)(2)) is amended by adding at the end the following new subparagraph: ``(C) Parental involvement leave.--An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, or family leave of the employee for any leave under subsection (a)(5).''. (d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is amended by adding at the end the following new paragraph: ``(4) Notice relating to parental involvement leave.--In any case in which an employee requests leave under paragraph (5) of subsection (a), the employee shall provide the employer with not less than 7 days' notice, before the date the leave is to be taken, of the employee's intention to take leave under such paragraph.''. (e) Spouses Employed by the Same Employer.--Section 102(f) of such Act (29 U.S.C. 2612(f)) is amended by adding at the end the following new paragraph: ``(3) Parental involvement leave.--In any case in which a husband and wife entitled to leave under paragraph (5) of subsection (a) are employed by the same employer, the aggregate amount of leave to which both may be entitled under such paragraph may be limited to-- ``(A) 4 hours during the same 30-day period; and ``(B) 24 hours during the same 12-month period.''. (f) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following new subsection: ``(g) Certification Related to Parental Involvement Leave.--An employer may require that a request for leave under section 102(a)(5) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe.''. SEC. 4. ENTITLEMENT OF FEDERAL EMPLOYEES TO LEAVE FOR PARENTAL INVOLVEMENT. (a) Leave Requirement.--Section 6382(a) of title 5, United States Code, is amended by adding at the end the following new paragraph: ``(5)(A) Subject to subparagraph (B)(i) and section 6383(f), an employee shall be entitled to leave under this paragraph to participate in or attend an activity that-- ``(i) is sponsored by a school or community organization; and ``(ii) relates to a program of the school or organization that is attended by a son or daughter or a grandchild of the employee. ``(B)(i) An employee is entitled to-- ``(I) not to exceed 4 hours of leave under this paragraph during any 30-day period; and ``(II) not to exceed 24 hours of leave under this paragraph during any 12-month period. ``(ii) Leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection. ``(C) For the purpose of this paragraph-- ``(i) the term `school' means an elementary school or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965), a Head Start program assisted under the Head Start Act, and a child care facility licensed under State law; and ``(ii) the term `community organization' means a private nonprofit organization that is representative of a community or a significant segment of a community and provides activities for individuals described in subparagraph (A) or (B) of section 6381(6), such as a scouting or sports organization.''. (b) Schedule.--Section 6382(b)(1) of such title is amended-- (1) by inserting after the second sentence the following new sentence: ``Leave under subsection (a)(5) may be taken intermittently or on a reduced leave schedule.''; and (2) in the last sentence, by striking ``involved,'' and inserting ``involved (or, in the case of leave under subsection (a)(5), for purposes of any 30-day or 12-month period),''. (c) Substitution of Paid Leave.--Section 6382(d) of such title is amended by adding at the end the following new sentence: ``An employee may elect to substitute for leave under subsection (a)(5), any of the employee's accrued or accumulated annual leave under subchapter I.''. (d) Notice.--Section 6382(e) of such title is amended by adding at the end the following new paragraph: ``(3) In any case in which an employee requests leave under paragraph (5) of subsection (a), the employee shall provide the employing agency with not less than 7 days' notice, before the date the leave is to be taken, of the employee's intention to take leave under such paragraph.''. (e) Certification.--Section 6383(f) of such title is amended by striking ``6382(a)(3)'' and inserting ``paragraph (3) or (5) of section 6382(a)''. SEC. 5. CLARIFICATION OF ENTITLEMENT TO LEAVE. (a) In General.-- (1) Family and medical leave act of 1993.--Section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is amended by adding at the end the following new subparagraphs: ``(F) In order to meet routine family medical care needs, including transportation of a son, daughter, or grandchild for medical and dental appointments for annual checkups and vaccinations. ``(G) In order to meet the routine family medical care needs of elderly individuals who are related to the eligible employee, including visits to nursing homes and group homes.''. (2) Title 5.--Section 6382(a)(1) of title 5, United States Code, is amended by adding at the end the following new subparagraphs: ``(E) In order to meet routine family medical care needs, including transportation of a son, daughter, or grandchild for medical and dental appointments for annual checkups and vaccinations. ``(F) In order to meet the routine family medical care needs of elderly individuals who are related to the employee, including visits to nursing homes and group homes.''. (b) Schedule.-- (1) Family and medical leave act of 1993.--The first sentence of section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by striking ``subparagraph (A) or (B)'' and inserting ``subparagraph (A), (B), (F), or (G)''. (2) Title 5.--The first sentence of section 6382(b)(1) of such title is amended by striking ``subparagraph (A) or (B)'' and inserting ``subparagraph (A), (B), (E), or (F)''. (c) Substitution of Paid Leave.-- (1) Family and medical leave act of 1993.--Section 102(d)(2) of such Act (29 U.S.C. 2612(d)(2)) is amended by adding after subparagraph (C) (as added by section 3(c)) the following new subparagraph: ``(D) Routine family medical care needs.--An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, or medical or sick leave of the employee for leave provided under subparagraph (F) or (G) of subsection (a)(1) for any part of the 12-week period of such leave under such subsection, except that nothing in this title shall require an employer to provide paid sick leave or paid medical leave in any situation in which such employer would not normally provide any such paid leave.''. (2) Title 5.--Section 6382(d) of such title is amended by striking ``or (D)'' and inserting ``(D), (E), or (F)''. (d) Notice.-- (1) Family and medical leave act of 1993.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is amended by adding after paragraph (4) (as added by section 3(d)) the following new paragraph: ``(5) Routine family medical care needs.--In any case in which the necessity for leave under subparagraph (F) or (G) of subsection (a)(1) is foreseeable based on a planned appointment, visit, or other commitment, the employee-- ``(A) shall make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider involved (if any); and ``(B) shall provide the employer with not less than 30 days' notice, before the day the leave is to be taken, of the employee's intention to take leave under such subparagraph, except that if the leave is to be taken in less than 30 days, the employee shall provide such notice as is practicable.''. (2) Title 5.--Section 6382(e) of such title is amended by adding after paragraph (3) (as added by section 4(d)) the following new paragraph: ``(4) In any case in which the necessity for leave under subparagraph (E) or (F) of subsection (a)(1) is foreseeable based on a planned appointment, visit, or other commitment, the employee-- ``(A) shall make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider involved (if any); and ``(B) shall provide the employer with not less than 30 days' notice, before the day the leave is to be taken, of the employee's intention to take leave under such subparagraph, except that if the leave is to be taken in less than 30 days, the employee shall provide such notice as is practicable.''. (e) Spouses Employed by Same Employer.--Section 102(f)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(f)(1)) is amended by striking ``subparagraph (A) or (B)'' and inserting ``subparagraph (A), (B), (F), or (G)''. (f) Certification.-- (1) Family and medical leave act of 1993.--Section 103(g) of such Act, as added by section 3(f), is amended by striking ``102(a)(5)'' and inserting ``paragraph (1)(F), (1)(G), or (5) of section 102(a)''. (2) Title 5.--Section 6383(f) of such title (as amended by section 4(e)) is further amended by striking ``paragraph (3) or (5)'' (as inserted by section 4(e)) and inserting the following: ``paragraph (1)(E), (1)(F), (3), or (5)''. SEC. 6. DEFINITION OF GRANDCHILD. (a) Non-Civil-Service Employees.--Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at the end the following new paragraph: ``(14) Grandchild.--The term `grandchild' means a son or daughter of an employee's son or daughter.''. (b) Civil Service Employees.--Section 6381 of title 5, United States Code, 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 new paragraph: ``(12) the term `grandchild' means a son or daughter of an employee's son or daughter.''.

Family and Medical Leave Enhancement Act of 2008 - Amends the Family and Medical Leave Act of 1993 (FMLA) to cover employees at worksites that employ fewer than 50 employees, but not fewer than 25 employees. Continues to exempt from FMLA coverage employees at worksites that employ fewer than 25 employees (currently 50), if the total number of employees employed by that employer within 75 miles of that worksite is fewer than 25 (currently 50). Allows an employee covered by FMLA to take up to 4 hours during any 30-day period, and up to 24 hours during any 12-month period, of parental involvement leave to participate in or attend activities that: (1) are sponsored by a school or community organization; and (2) relate to a program of the school or organization that is attended by the employee's child or grandchild. Allows the aggregate amount of parental involvement leave for a husband and wife employed by the same employer to be limited to the amount allowed for one employee. Applies the parental involvement leave allowance to federal employees. Includes under FMLA entitlement leave to meet routine family medical care needs, including: (1) transportation of a child or grandchild for medical and dental appointments for annual checkups and vaccinations; and (2) care of an elderly individual related to the employee, including visits to nursing homes and group homes. Allows the aggregate amount of such leave for a husband and wife employed by the same employer to be limited to the amount allowed for one employee. Allows an employee to elect, or an employer to require, substitution of any of the paid or family leave of the employee for any leave provided under this Act. Imposes requirements of notification by the employee of leave requests. Allows an employer to require certification supporting such requests.

SECTION 1. 21ST CENTURY WATER COMMISSION. (a) Establishment.--There is established a commission to be known as the 21st Century Water Commission (in this section referred to as the ``Commission''). (b) Duties.--The duties of the Commission shall be to-- (1) use existing water studies and assessments and conduct such additional studies and assessments as may be necessary, including studies and assessments on climate change impacts, to-- (A) project future water supply needs and demand; (B) develop national and regional assessments on flood risk and water availability; and (C) develop national and regional trends related to water quality; (2) study current water management programs of Federal, interstate, State, and local agencies and private sector entities directed at increasing water supplies, managing flood risk, and improving the availability, reliability, and quality of water resources; and (3) develop recommendations, in consultation with representatives of such agencies and entities, for a comprehensive water strategy that-- (A) identifies incentives to ensure an adequate and dependable supply of water to meet the needs of the United States for the next 50 years; (B) considers all available technologies and other methods to optimize water supply reliability, availability, and quality, while safeguarding and enhancing the environment; (C) suggests financing options, incentives, and opportunities for development of comprehensive watershed management plans, regional watershed planning, holistically designed water resources projects, and increased use of nonstructural elements (including green infrastructure and low impact development techniques); (D) encourages, to the maximum extent practicable, the integration of flood control and water supply projects, including recommendations for capturing excess water and flood water for conservation and reuse; (E) suggests options to promote the use of, and reduce biases against, nonstructural elements (including green infrastructure and low impact development techniques) when managing stormwater, including features that-- (i) preserve and restore natural processes, landforms (such as floodplains), natural storage, natural vegetated stream side buffers, wetlands, or other topographical features; (ii) utilize natural design techniques that infiltrate, filter, store, evaporate, and detain water close to its source; or (iii) minimize the use of impervious surfaces; (F) encourages the avoidance and minimization of adverse impacts to natural systems, and where possible, the restoration of natural systems; and (G) addresses other objectives related to a comprehensive water strategy which the Commission shall consider appropriate. (c) Development of a Comprehensive Water Strategy.-- (1) Impacts of climate change.--In developing recommendations for a comprehensive water strategy, the Commission shall-- (A) evaluate the effectiveness of existing hazard mitigation strategies and contingency planning provisions for Federal, interstate, State, and local water management programs in light of climate change impacts, including sea level rise, changing weather patterns, increased risk of flooding or drought, and associated impacts to water quality; (B) consider and evaluate the impacts of climate change; (C) include strategies for using best available climate science in projections of future flood and drought risk, and for developing hazard mitigation strategies to protect water quality in extreme weather conditions caused by climate change; and (D) identify adaptation techniques, or further research needs of adaptation techniques, for responding to climate change impacts. (2) Policy considerations.--In developing recommendations for a comprehensive water strategy, the Commission shall-- (A) respect the primary role of States in adjudicating, administering, and regulating water rights and water uses; (B) identify whether recommendations are consistent with existing laws, treaties, decrees, and interstate compacts; (C) identify duplication among Federal governmental programs, and make recommendations to improve coordination among Federal, interstate, State, and local agencies; and (D) avoid suggesting strategies for increased mandates on State and local governments. (d) Membership.-- (1) Number and appointment.--The Commission shall be composed of 11 members who shall be appointed, not later than 90 days after the date of enactment of this Act, as follows: (A) 3 members appointed by the President. (B) 3 members appointed by the Speaker of the House of Representatives from a list of 6 individuals-- (i) 3 nominated for that appointment by the chairman of the Committee on Transportation and Infrastructure of the House of Representatives; and (ii) 3 nominated for that appointment by the chairman of the Committee on Natural Resources of the House of Representatives. (C) 3 members appointed by the majority leader of the Senate from a list of 6 individuals-- (i) 3 nominated for that appointment by the chairman of the Committee on Environment and Public Works of the Senate; and (ii) 3 nominated for that appointment by the chairman of the Committee on Energy and Natural Resources of the Senate. (D) 1 member appointed by the minority leader of the House of Representatives from a list of 2 individuals-- (i) 1 nominated for that appointment by the ranking member of the Committee on Transportation and Infrastructure of the House of Representatives; and (ii) 1 nominated for that appointment by the ranking member of the Committee on Natural Resources of the House of Representatives. (E) 1 member appointed by the minority leader of the Senate from a list of 2 individuals-- (i) 1 nominated for that appointment by the ranking member of the Committee on Environment and Public Works of the Senate; and (ii) 1 nominated for that appointment by the ranking member of the Committee on Energy and Natural Resources of the Senate. (2) Qualifications.-- (A) Recognized standing and distinction.--Members shall be appointed to the Commission from among individuals who are of recognized standing and distinction in water policy issues. (B) Limitation.--A person while serving as a member of the Commission may not hold any other position as an officer or employee of the United States, except as a retired officer or retired civilian employee of the United States. (C) Other considerations.--In appointing members of the Commission, every effort shall be made to ensure that the members represent a broad cross section of regional and geographical perspectives in the United States. (3) Chairperson.--The Chairperson of the Commission shall be elected by a majority vote of the members of the Commission. (4) Terms.--Members of the Commission shall serve for the life of the Commission. (5) Vacancies.--A vacancy on the Commission shall not affect its operation and shall be filled in the manner in which the original appointment was made. (6) Compensation and travel expenses.--Members of the Commission shall serve without compensation; except that members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57, United States Code. (e) Meetings and Quorum.-- (1) Meetings.--The Commission shall hold its first meeting not later than 60 days after the date on which all original members are appointed under subsection (d) and shall hold additional meetings at the call of the Chairperson or a majority of its members. (2) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business. (f) Staffing.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an Executive Director and such other additional personnel as may be necessary for the Commission to perform its duties. The Executive Director shall be compensated at a rate not to exceed the annual rate of basic pay for GS-15 of the General Schedule. The employment and termination of an Executive Director shall be subject to confirmation by a majority of the members of the Commission. (g) Hearings.-- (1) Minimum number.--The Commission shall hold no fewer than 10 hearings during the life of the Commission. (2) In conjunction with meetings.--Hearings may be held in conjunction with meetings of the Commission. (3) Testimony and evidence.--The Commission may take such testimony and receive such evidence as the Commission considers appropriate to carry out this section. (4) Specified.--At least one hearing shall be held in Washington, District of Columbia, for the purpose of taking testimony of representatives of Federal agencies, national organizations, and Members of Congress. At least one hearing shall focus on potential water resource issues relating to climate change and how to mitigate the harms of climate change- related weather events. (5) Nonspecified.--Hearings, other than those referred to in paragraph (4), shall be scheduled in distinct geographical regions of the United States. In conducting such hearings, the Commission should seek to ensure testimony from individuals with a diversity of experiences, including those who work on water issues at all levels of government and in the private sector. (h) Information and Support From Federal Agencies.--Upon request of the Commission, the head of a Federal department or agency shall-- (1) provide to the Commission, within 30 days of the request, such information as the Commission considers necessary to carry out this section; and (2) detail to temporary duty with the Commission on a reimbursable basis such personnel as the Commission considers necessary to carry out this section. (i) Interim Reports.--Not later than one year after the date of the first meeting of the Commission, and every year thereafter, the Commission shall submit an interim report containing a detailed summary of its progress, including meetings held and hearings conducted before the date of the report, to-- (1) the President; and (2) Congress. (j) Final Report.--As soon as practicable, but not later than 5 years after the date of the first meeting of the Commission, the Commission shall submit a final report containing a detailed statement of the findings and conclusions of the Commission and recommendations for legislation and other policies to implement such findings and conclusions to-- (1) the President; (2) the Committee on Natural Resources and the Committee on Transportation and Infrastructure of the House of Representatives; and (3) the Committee on Energy and Natural Resources and the Committee on Environment and Public Works of the Senate. (k) Termination.--The Commission shall terminate not later than 30 days after the date on which the Commission transmits a final report under subsection (j). (l) Applicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.) shall not apply to the Commission. (m) Authorization of Appropriations.--There is authorized to be appropriated $12,000,000 to carry out this section.

Establishes the Twenty-First Century Water Commission to: (1) use studies and assessments to project future water supply needs and demand, develop national and regional assessments on flood risk and water availability and trends related to water quality; (2) study government and private sector water management programs directed at increasing water supplies, managing flood risk, and improving the availability, reliability, and quality of water resources; and (3) develop recommendations for a comprehensive water strategy. Requires such strategy to: (1) identify incentives to ensure an adequate and dependable supply of water to meet U.S. needs for the next 50 years; (2) consider all available technologies and methods to optimize water supply reliability, availability, and quality, while safeguarding and enhancing the environment; (3) suggest financing options for development of comprehensive watershed management plans, regional watershed planning, holistically designed water resources projects, and increased use of nonstructural elements (including green infrastructure and low impact development techniques); (4) encourage the integration of flood control and water supply projects, including recommendations for capturing excess water and flood water for conservation and reuse; (5) suggest options to promote the use of, and reduce biases against, nonstructural elements when managing stormwater; and (6) encourage the avoidance and minimization of adverse impacts to, and the restoration of, natural systems. Directs the Commission, in developing such strategy, to: (1) evaluate the effectiveness of hazard mitigation strategies and contingency planning provisions for water management programs in light of climate change impacts; (2) evaluate such impacts; (3) include strategies for using best available climate science in projections of future flood and drought risk and for developing hazard mitigation strategies to protect water quality in extreme weather conditions caused by climate change; (4) identify adaptation techniques, or further research needs of such techniques, for responding to climate change impacts; (5) respect the primary role of states in adjudicating, administering, and regulating water rights and water uses; (6) identify whether recommendations are consistent with existing laws; (7) identify duplication among federal governmental programs and make recommendations to improve coordination among federal, interstate, state, and local agencies; and (8) avoid suggesting increased mandates on state and local governments. Requires the Commission to submit interim and final reports to the President and Congress. Terminates the Commission 30 days after its transmission of a final report. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dam Rehabilitation and Repair Act of 2007''. SEC. 2. REHABILITATION AND REPAIR OF DEFICIENT DAMS. (a) Definitions.--Section 2 of the National Dam Safety Program Act (33 U.S.C. 467) is amended-- (1) by redesignating paragraphs (4), (5), (6), (7), (8), (9), (10), (11), (12), and (13) as paragraphs (5), (6), (7), (8), (9), (10), (12), (13), (14), and (15), respectively; (2) by striking paragraph (3) and inserting the following: ``(3) Administrator.--The term `Administrator' means the Administrator of FEMA. ``(4) Deficient dam.--The term `deficient dam' means a dam that the State within the boundaries of which the dam is located determines-- ``(A) fails to meet minimum dam safety standards of the State; and ``(B) poses an unacceptable risk to the public.''; and (3) by inserting after paragraph (10) (as redesignated by paragraph (1)) the following: ``(11) Rehabilitation.--The term `rehabilitation' means the repair, replacement, reconstruction, or removal of a dam that is carried out to meet applicable State dam safety and security standards.''. (b) Program for Rehabilitation and Repair of Deficient Dams.--The National Dam Safety Program Act is amended by inserting after section 8 (33 U.S.C. 467f) the following: ``SEC. 8A. REHABILITATION AND REPAIR OF DEFICIENT DAMS. ``(a) Establishment of Program.--The Administrator shall establish, within FEMA, a program to provide grant assistance to States for use in rehabilitation of publicly-owned deficient dams. ``(b) Award of Grants.-- ``(1) Application.--A State interested in receiving a grant under this section may submit to the Administrator an application for such grant. Applications submitted to the Administrator under this section shall be submitted at such times, be in such form, and contain such information, as the Administrator may prescribe by regulation. ``(2) In general.--Subject to the provisions of this section, the Administrator may make a grant for rehabilitation of a deficient dam to a State that submits an application for the grant in accordance with the regulations prescribed by the Administrator. The Administrator shall enter into a project grant agreement with the State to establish the terms of the grant and the project, including the amount of the grant. ``(c) Priority System.--The Administrator, in consultation with the Board, shall develop a risk-based priority system for use in identifying deficient dams for which grants may be made under this section. ``(d) Allocation of Funds.--The total amount of funds appropriated pursuant to subsection (f)(1) for a fiscal year shall be allocated for making grants under this section to States applying for such grants for that fiscal year as follows: ``(1) One-third divided equally among applying States. ``(2) Two-thirds among applying States based on the ratio that-- ``(A) the number of non-Federal publicly-owned dams that the Secretary of the Army identifies in the national inventory of dams maintained under section 6 as constituting a danger to human health and that are located within the boundaries of the State; bears to ``(B) the number of non-Federal publicly-owned dams that are so identified and that are located within the boundaries of all applying States. ``(e) Cost Sharing.--The Federal share of the cost of rehabilitation of a deficient dam for which a grant is made under this section may not exceed 65 percent of the cost of such rehabilitation. ``(f) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section-- ``(A) $50,000,000 for fiscal year 2007; and ``(B) $100,000,000 for each of fiscal years 2008 through 2010. ``(2) Staff.--There are authorized to be appropriated to provide for the employment of such additional staff of FEMA as are necessary to carry out this section $400,000 for each of fiscal years 2007 through 2009. ``(3) Period of availability.--Sums appropriated pursuant to this section shall remain available until expended.''. (c) Conforming Amendment.--Such Act (other than section 2) is further amended by striking ``Director'' each place it appears and inserting ``Administrator''. SEC. 3. RULEMAKING. (a) Proposed Rulemaking.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall issue a notice of proposed rulemaking regarding the amendments made by section 2 of this Act. (b) Final Rule.--Not later than 120 days after the date of enactment of this Act, the Administrator shall issue a final rule regarding such amendments.

Dam Rehabilitation and Repair Act of 2007 - Amends the National Dam Safety Program Act to require the Administrator of the Federal Emergency Management Agency (FEMA) to establish a program to provide grant assistance to states for use in rehabilitating publicly-owned dams that fail to meet minimum safety standards and pose an unacceptable risk to the public (deficient dams). Sets forth provisions regarding procedures for grant awards and fund allocation. Requires the Administrator to develop a risk-based priority system for identifying deficient dams for which such grants may be made. Limits the federal share of rehabilitation costs to 65%.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chemical Security Act of 1999''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) The term ``Off-site Consequence Analysis Submission'' means only the off-site consequence portion of a risk management plan submitted to the Administrator under section 68.165 of title 40 of the Code of Federal Regulations, as in effect on the date of the enactment of this Act. (3) The term ``covered stationary source'' means a stationary source of any air pollutant that is required to submit a risk management plan under section 112(r)(7)(B) of the Clean Air Act. (4) The term ``official use'' means any action that is intended to carry out a function of a Federal, State, or local agency or entity having responsibility for planning for or responding to chemical releases at a stationary source. Such term includes disclosing the results of an Off-site Consequence Analysis Submission in any format different than that used in the Submission. (5) The term ``authorized contractor'' means a person having responsibility for handling risk management plans under subparagraph (B) of section 112(r)(7) of the Clean Air Act under contract with the Administrator, the Chemical Safety and Hazard Investigation Board, a State, or a local agency or entity referred to in clause (iii) of such subparagraph (B). SEC. 3. ONE-YEAR MORATORIUM FOR CONGRESSIONAL CONSIDERATION. (a) Prohibition.-- (1) In general.--Notwithstanding any other provision of any Federal, State, or local law that provides for freedom of information or public disclosure of governmental information, in order to provide for Congressional consideration of the effects of the public disclosure required under clause (iii) of section 112(r)(7)(B) of the Clean Air Act and for consideration of the reports under section 4 of this Act, no Off-site Consequence Analysis Submission shall be disclosed, or made available, to the public or to any person or entity by the Administrator, the Chemical Safety and Hazard Investigation Board, a State, a local agency or an entity referred to in such clause (iii), or any authorized contractor. (2) One-year period.--The prohibition set forth in paragraph (1) shall apply only for a period ending 1-year after the date of the enactment of this Act. (3) Permitted disclosure.--The prohibition set forth in paragraph (1) shall not apply to disclosure of an Off-site Consequence Analysis Submission for official use only pursuant to clause (iii) of section 112(r)(7)(B) of the Clean Air Act to the Administrator, the Chemical Safety and Hazard Investigation Board, a State, a local agency or an entity referred to in such clause (iii), or any authorized contractor. (b) Penalty.--The violation of the prohibition set forth in subsection (a) shall be an infraction punishable under section 3571 of title 18 of the United States Code. In any case in which more than one Off-site Consequence Analysis Submission has been disclosed or made available in violation of subsection (a), the violation with respect to each such Submission shall be considered a separate violation for purposes of such section 3571. The total of all penalties imposed on a single person or organization for violations of subsection (a) shall not exceed $100,000. (c) Disclosure without Facility Identification.--Notwithstanding the moratorium under subsection (a), after June 21, 1999, the Administrator shall make information from risk management plans, including information from the Off-site Consequence Analysis Submissions, available to the public in accordance with section 112(r)(7)(B)(iii) of the Clean Air Act in a form which does not include any information concerning the identity or location of the covered stationary sources for which such plans were prepared. (d) Emergency Planning Meetings.--Not later than 180 days after the date of enactment of this Act, each owner or operator of a covered stationary source shall convene a meeting with community representatives, employees and contractors working at the covered stationary source and with local emergency planning committees and other appropriate emergency responders to discuss the measures necessary to prevent, and protect the source from, attacks by terrorists and other criminals. Not later than 10 months after the date of enactment of this Act, each such owner or operator shall send a certification to the Director of the Federal Bureau of Investigation stating that such meeting has been held within one year prior to, or within 10 months after, the date of the enactment of this Act. SEC. 4. SITE SECURITY STUDY AND REPORTS TO CONGRESS. (a) Site Security.--The Attorney General, using available data to the extent possible, and analyzing a sampling of covered stationary sources selected at the discretion of the Attorney General, and in consultation with appropriate State, local, and Federal governmental agencies, affected industry and the public, shall review the vulnerability of covered stationary sources to criminal and terrorist activity, current industry practices regarding site security, security of transportation of extremely hazardous substances, and the effectiveness of this Act. Six months after the date of the enactment of this Act, the Attorney General shall submit a report to the Congress containing the results of the review, together with recommendations for reducing vulnerability to criminal and terrorist activity through inherently safer practices and site security, and the need for additional legislation. If the report recommends information security measures, it shall describe the means by which any individual shall be guaranteed access to risk management information without a geographical restriction. The Attorney General shall submit updates of such report biennially after the submission of the first report. (d) Comptroller General Report.--Not later than 180 days after the enactment of this Act, the Comptroller General of the United States shall submit a report to the Congress on the health and environmental effects of public disclosure of information. In preparing such report the Comptroller General shall consult with the Administrator and appropriate representatives of the States, local governments, affected industries, emergency responders, and public interest groups and shall undertake a specific examination of the reduction in toxic chemical releases associated with the reporting requirements of section 313 of the Superfund Amendments and Reauthorization Act of 1986 (Toxics Release Inventory). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Chemical Security Act of 1999 - Bars the public disclosure of off-site consequence analysis submissions under the Clean Air Act for a period of one year after this Act's enactment. Defines an "off-site consequence analysis submission" as a portion of a risk management plan submitted to the Administrator of the Environmental Protection Agency by stationary sources of certain hazardous substances. Permits disclosure of such information for official use only. Prescribes penalties for violation of such prohibition. Directs the Administrator, after June 21, 1999, to make information from risk management plans, including information from off-site consequence analysis submissions, publicly available in a form which excludes information concerning the identity or location of covered stationary sources. Requires owners or operators of such sources to convene a meeting with community representatives, employees and contractors working at such sources, and local emergency planning committees and other emergency responders to discuss measures necessary to prevent, and protect such sources from, attacks by terrorists and other criminals. Provides for certifications to the Federal Bureau of Investigation by such owners or operators that such meetings have been held. Directs the Attorney General to review and report to Congress on the vulnerability of covered stationary sources to criminal and terrorist activity, current industry practices regarding site security, security of transportation of extremely hazardous substances, and this Act's effectiveness. Provides for biennial updates of such report and for recommendations for reducing such vulnerability through inherently safer practices and site security and the need for additional legislation. Requires the Comptroller General to report to Congress on the health and environmental effects of public disclosure of information. Requires, as part of such report, an examination of the reductions in toxic chemical releases associated with reporting requirements of the Superfund Amendments and Reauthorization Act of 1986. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Infrastructure and Technology Modernization Act''. SEC. 2. DEFINITIONS. In this Act: (1) Commissioner.--The term ``Commissioner'' means the Commissioner of the Bureau of Customs and Border Protection of the Department of Homeland Security. (2) Maquiladora.--The term ``maquiladora'' means an entity located in Mexico that assembles and produces goods from imported parts for export to the United States. (3) Northern border.--The term ``northern border'' means the international border between the United States and Canada. (4) Southern border.--The term ``southern border'' means the international border between the United States and Mexico. (5) Under secretary.--The term ``Under Secretary'' means the Under Secretary for Border and Transportation Security of the Department of Homeland Security. SEC. 3. HIRING AND TRAINING OF BORDER AND TRANSPORTATION SECURITY PERSONNEL. (a) Inspectors and Agents.-- (1) Increase in inspectors and agents.--During each of fiscal years 2004 through 2008, the Under Secretary shall-- (A) increase the number of full-time agents and associated support staff in the Bureau of Immigration and Customs Enforcement of the Department of Homeland Security by the equivalent of at least 100 more than the number of such employees in the Bureau as of the end of the preceding fiscal year; and (B) increase the number of full-time inspectors and associated support staff in the Bureau of Customs and Border Protection by the equivalent of at least 200 more than the number of such employees in the Bureau as of the end of the preceding fiscal year. (2) Waiver of fte limitation.--The Under Secretary is authorized to waive any limitation on the number of full-time equivalent personnel assigned to the Department of Homeland Security to fulfill the requirements of paragraph (1). (b) Training.--The Under Secretary shall provide appropriate training for agents, inspectors, and associated support staff on an ongoing basis to utilize new technologies and to ensure that the proficiency levels of such personnel are acceptable to protect the borders of the United States. SEC. 4. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY. (a) Requirement To Update.--Not later than January 31 of each year, the Administrator of General Services shall update the Port of Entry Infrastructure Assessment Study prepared by the United States Customs Service, the Immigration and Naturalization Service, and the General Services Administration in accordance with the matter relating to the ports of entry infrastructure assessment that is set out in the joint explanatory statement in the conference report accompanying H.R. 2490 of the 106th Congress, 1st session (House of Representatives Rep. No. 106-319, on page 67) and submit such updated study to Congress. (b) Consultation.--In preparing the updated studies required in subsection (a), the Administrator of General Services shall consult with the Director of the Office of Management and Budget, the Under Secretary, and the Commissioner. (c) Content.--Each updated study required in subsection (a) shall-- (1) identify port of entry infrastructure and technology improvement projects that would enhance border security and facilitate the flow of legitimate commerce if implemented; (2) include the projects identified in the National Land Border Security Plan required by section 5; and (3) prioritize the projects described in paragraphs (1) and (2) based on the ability of a project to-- (A) fulfill immediate security requirements; and (B) facilitate trade across the borders of the United States. (d) Project Implementation.--The Commissioner shall implement the infrastructure and technology improvement projects described in subsection (c) in the order of priority assigned to each project under paragraph (3) of such subsection. (e) Divergence From Priorities.--The Commissioner may diverge from the priority order if the Commissioner determines that significantly changed circumstances, such as immediate security needs or changes in infrastructure in Mexico or Canada, compellingly alter the need for a project in the United States. SEC. 5. NATIONAL LAND BORDER SECURITY PLAN. (a) Requirement for Plan.--Not later than January 31 of each year, the Under Secretary shall prepare a National Land Border Security Plan and submit such plan to Congress. (b) Consultation.--In preparing the plan required in subsection (a), the Under Secretary shall consult with the Under Secretary for Information Analysis and Infrastructure Protection and the Federal, State, and local law enforcement agencies and private entities that are involved in international trade across the northern border or the southern border. (c) Vulnerability Assessment.-- (1) In general.--The plan required in subsection (a) shall include a vulnerability assessment of each port of entry located on the northern border or the southern border. (2) Port security coordinators.--The Under Secretary may establish 1 or more port security coordinators at each port of entry located on the northern border or the southern border-- (A) to assist in conducting a vulnerability assessment at such port; and (B) to provide other assistance with the preparation of the plan required in subsection (a). SEC. 6. EXPANSION OF COMMERCE SECURITY PROGRAMS. (a) Customs-Trade Partnership Against Terrorism.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Commissioner, in consultation with the Under Secretary, shall develop a plan to expand the size and scope (including personnel needs) of the Customs-Trade Partnership Against Terrorism programs along the northern border and southern border, including-- (A) the Business Anti-Smuggling Coalition; (B) the Carrier Initiative Program; (C) the Americas Counter Smuggling Initiative; (D) the Container Security Initiative; (E) the Free and Secure Trade Initiative; and (F) other Industry Partnership Programs administered by the Commissioner. (2) Southern border demonstration program.--Not later than 180 days after the date of enactment of this Act, the Commissioner shall establish a demonstration program along the southern border for the purpose of implementing at least one Customs-Trade Partnership Against Terrorism program along that border. The Customs-Trade Partnership Against Terrorism program selected for the demonstration program shall have been successfully implemented along the northern border as of the date of enactment of this Act. (b) Maquiladora Demonstration Program.--Not later than 180 days after the date of enactment of this Act, the Commissioner shall establish a demonstration program to develop a cooperative trade security system to improve supply chain security. SEC. 7. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM. (a) Establishment.--The Under Secretary shall carry out a technology demonstration program to test and evaluate new port of entry technologies, refine port of entry technologies and operational concepts, and train personnel under realistic conditions. (b) Technology and Facilities.-- (1) Technology tested.--Under the demonstration program, the Under Secretary shall test technologies that enhance port of entry operations, including those related to inspections, communications, port tracking, identification of persons and cargo, sensory devices, personal detection, decision support, and the detection and identification of weapons of mass destruction. (2) Facilities developed.--At a demonstration site selected pursuant to subsection (c)(2), the Under Secretary shall develop facilities to provide appropriate training to law enforcement personnel who have responsibility for border security, including cross-training among agencies, advanced law enforcement training, and equipment orientation. (c) Demonstration Sites.-- (1) Number.--The Under Secretary shall carry out the demonstration program at not less than 3 sites and not more than 5 sites. (2) Selection criteria.--To ensure that at least 1 of the facilities selected as a port of entry demonstration site for the demonstration program has the most up-to-date design, contains sufficient space to conduct the demonstration program, has a traffic volume low enough to easily incorporate new technologies without interrupting normal processing activity, and can efficiently carry out demonstration and port of entry operations, at least 1 port of entry selected as a demonstration site shall-- (A) have been established not more than 15 years before the date of enactment of this Act; (B) consist of not less than 65 acres, with the possibility of expansion onto not less than 25 adjacent acres; and (C) have serviced an average of not more than 50,000 vehicles per month in the 12 full months preceding the date of enactment of this Act. (d) Relationship With Other Agencies.--The Under Secretary shall permit personnel from an appropriate Federal or State agency to utilize a demonstration site described in subsection (c) to test technologies that enhance port of entry operations, including those related to inspections, communications, port tracking, identification of persons and cargo, sensory devices, personal detection, decision support, and the detection and identification of weapons of mass destruction. (e) Report.-- (1) Requirement.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Under Secretary shall submit to Congress a report on the activities carried out at each demonstration site under the technology demonstration program established under this section. (2) Content.--The report shall include an assessment by the Under Secretary of the feasibility of incorporating any demonstrated technology for use throughout the Bureau of Customs and Border Protection. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--In addition to any funds otherwise available, there are authorized to be appropriated-- (1) to carry out the provisions of section 3, such sums as may be necessary for the fiscal years 2004 through 2008; (2) to carry out the provisions of section 4-- (A) to carry out subsection (a) of such section, such sums as may be necessary for the fiscal years 2004 through 2008; and (B) to carry out subsection (d) of such section-- (i) $100,000,000 for each of the fiscal years 2004 through 2008; and (ii) such sums as may be necessary in any succeeding fiscal year; (3) to carry out the provisions of section 6-- (A) to carry out subsection (a) of such section-- (i) $30,000,000 for fiscal year 2004, of which $5,000,000 shall be made available to fund the demonstration project established in paragraph (2) of such subsection; and (ii) such sums as may be necessary for the fiscal years 2005 through 2008; and (B) to carry out subsection (b) of such section-- (i) $5,000,000 for fiscal year 2004; and (ii) such sums as may be necessary for the fiscal years 2005 through 2008; and (4) to carry out the provisions of section 7, provided that not more than $10,000,000 may be expended for technology demonstration program activities at any 1 port of entry demonstration site in any fiscal year-- (A) $50,000,000 for fiscal year 2004; and (B) such sums as may be necessary for each of the fiscal years 2005 through 2008. (b) International Agreements.--Funds authorized in this Act may be used for the implementation of projects described in the Declaration on Embracing Technology and Cooperation to Promote the Secure and Efficient Flow of People and Commerce across our Shared Border between the United States and Mexico, agreed to March 22, 2002, Monterrey, Mexico (commonly known as the Border Partnership Action Plan) or the Smart Border Declaration between the United States and Canada, agreed to December 12, 2001, Ottawa, Canada that are consistent with the provisions of this Act.

Border Infrastructure and Technology Modernization Act - Directs the Under Secretary for Border and Transportation Security of the Department of Homeland Security to: (1) make specified personnel increases in the Department of Homeland Security's Bureaus of Immigration and Customs Enforcement, and Customs and Border Protection, respectively; (2) prepare an annual National Land Border Security Plan, which shall include a vulnerability assessment of each port of entry on the northern or southern border, and may provide for port security coordinators; and (3) carry out a three-to-five-site port of entry demonstration program.Directs the Administrator of General Services to make annual updates to the Port of Entry Infrastructure Assessment Study.Directs the Commissioner of the Bureau of Customs and Border Protection to: (1) develop an expansion plan for the Customs-Trade Partnership Against Terrorism programs along the northern and southern borders, including the Business Anti-Smuggling Coalition, the Carrier Initiative Program, the Americas Counter Smuggling Initiative, the Container Security Initiative, the Free and Secure Trade Initiative, and other Industry Partnership programs; (2) establish a Partnership demonstration program along the southern border; and (3) establish a demonstration program for a cooperative trade security system with respect to entities (maquiladora) in Mexico that assemble and produce goods from imported parts for export to the United States.Authorizes specified appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chesapeake Bay Restoration Enhancement Act of 2005''. SEC. 2. DEFINITIONS. Section 117(a) of the Federal Water Pollution Control Act (33 U.S.C. 1287(a)) is amended-- (1) in paragraph (3) by striking ``and its''; and (2) by adding at the end the following new paragraphs: ``(7) chesapeake bay watershed.--The term `Chesapeake Bay watershed' means the Chesapeake Bay and the area consisting of 36 tributary basins, within the States of Maryland, Virginia, West Virginia, Pennsylvania, Delaware, and New York and the District of Columbia, through which precipitation drains into the Chesapeake Bay. ``(8) Local government advisory committee.--The term `Local Government Advisory Committee' means the committee of the same name formed through the 1987 Chesapeake Bay Agreement. The committee may include representative members from all jurisdictions within the Chesapeake Bay watershed. ``(9) Tributary strategy.--The term `tributary strategy' means one of 36 strategies in the Chesapeake Bay watershed that is a State approved, river-specific, cleanup plan that provides best management practice implementation actions that, when taken together, will meet the Chesapeake Bay Agreement goal of removing nutrient and sediment impairments from the Chesapeake Bay and its tidal tributaries. ``(10) Tributary basin.--The term `tributary basin' means an area of land that drains into any one of 36 Chesapeake Bay tributaries or tributary segments and that is managed through tributary strategies under this Act.''. SEC. 3. IMPLEMENTATION AND MONITORING GRANTS. Section 117(e)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1287(e)(1)) is amended by striking ``approved and committed to implement all or substantially all aspects'' and inserting ``signed all or a significant portion''. SEC. 4. REPORTING. Section 117 of the Federal Water Pollution Control Act (33 U.S.C. 1287) is amended by striking subsection (e)(7) and subsection (f) and inserting the following: ``(7) Reporting.--The Administrator shall make available to the public on or before January 31 of each year, a document that lists and describes, in the greatest practicable degree of detail, all completed projects and accomplishments of the previous fiscal year funded by the Federal Government, and all completed projects and accomplishments of the previous fiscal year funded by a State government, for the Chesapeake Bay watershed that contribute to Chesapeake Bay Agreement goals. ``(f) Reporting Requirements.-- ``(1) In general.--The Administrator shall publish, on or before January 31 of each year, a `tributary health report card' to evaluate, based on monitoring and modeling data, progress made during the preceding fiscal year (including any practice implemented during the fiscal year), and overall progress made, in achieving and maintaining nutrient and sediment reduction goals for each tributary basin. ``(2) Baseline.--The baseline for the report card (in this subsection referred to as the `baseline') shall be the tributary cap load allocation agreement numbered EPA 903-R-03- 007, dated December 2003, and entitled `Setting and Allocating the Chesapeake Bay Basin Nutrient and Sediment Loads: The Collaborative Process, Technical Tools and Innovative Approaches'. ``(3) Inclusions.--The report card shall include, for each tributary basin-- ``(A) an identification of the total allocation of nutrients and sediments under the baseline; ``(B) the monitored and modeled quantities of nitrogen, phosphorus, and sediment reductions achieved during the preceding fiscal year, expressed numerically and as a percentage of reduction; ``(C) a list (organized from least to most progress made) that ranks the comparative progress made, based on the percentage of reduction under subparagraph (B), by each tributary basin toward meeting the annual allocation goal of that tributary basin for nitrogen, phosphorus, and sediment; and ``(D) to the maximum extent practicable, an identification of the principal sources of pollutants of the tributaries, including airborne sources of pollutants. ``(4) Use of data; consideration.--In preparing the report card, the Administrator shall-- ``(A) use monitoring data and data submitted under subsection (g)(1); and ``(B) take into consideration the effects of drought and wet weather conditions on the condition of water quality parameters. ``(5) Distribution.--The Administrator shall-- ``(A) distribute report cards to appropriate committees of the Senate and House of Representatives; ``(B) post report cards on the Internet; and ``(C) distribute paper copies of the report cards to the public.''. SEC. 5. ACTIONS BY STATES. (a) In General.--Section 117 of the Federal Water Pollution Control Act (33 U.S.C. 1287) is amended by redesignating subsections (g), (h), (i), and (j) as subsections (i), (j), (k), and (l), respectively, and by inserting after subsection (f) the following: ``(g) Actions by States.-- ``(1) Submission of information.--Not later than November 30 of each year, each of the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia and the District of Columbia shall submit to the Administrator information describing, for each tributary basin located in the State or District of Columbia, for the preceding fiscal year-- ``(A) the nutrient and sediment cap load allocation of the basin; ``(B) the principal sources of nutrients and sediment in the basin, by category; ``(C) for each category of pollutant source, the technologies and practices used to achieve reductions, including levels of best management practices implementation and sewage treatment plan upgrades; and ``(D) any Federal, State, or non-Federal funding used to implement a technology or practice described in subparagraph (C). ``(2) Failure to act.--The Administrator shall not make a grant to a State under this section if the State fails to submit any information in accordance with paragraph (1).''. (b) Conforming Amendments.--Such section is further amended-- (1) in subsection (d)(2)(B) by striking ``(g)(2)'' and inserting ``(i)(3)''; and (2) in subsection (e)(2)(B)(i) by striking ``and its''. SEC. 6. PLANNING AND BUDGET REQUIREMENTS. Section 117 of the Federal Water Pollution Control Act (33 U.S.C. 1287) (as amended by section 4(a) of this Act) is further amended by inserting after subsection (g) the following: ``(h) Planning and Budget Requirements.-- ``(1) Annual budget plan.--Not later than April 15 of each year, the Director of the Office of Management and Budget, in cooperation with the Administrator, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Defense, and the heads of other appropriate Federal agencies, shall submit to the appropriate committees of the Senate and the House of Representatives a report containing-- ``(A) an interagency crosscut budget that displays the proposed budget for use by each Federal agency in carrying out restoration activities relating to the Chesapeake Bay for the following fiscal year; and ``(B) a detailed accounting of all funds received and obligated by Federal and State governments (including formula and grant funds, such as State revolving loan funds and agriculture conservation funds) to achieve the goals of the Chesapeake Bay Agreement during the preceding fiscal year. ``(2) Role of federal government.--Not later than 120 days after the date of enactment of the Chesapeake Bay Restoration Enhancement Act of 2005, the Council on Environmental Quality shall provide to Congress a document briefly describing the Federal role in the Chesapeake Bay Program and the specific role of each Federal agency involved in Chesapeake Bay restoration. ``(3) Federal actions.--Federal agencies acting in the Chesapeake Bay watershed should plan and execute, to the maximum extent practicable, such activities to support the achievement of Chesapeake Bay Agreement goals.''. SEC. 7. CHESAPEAKE BAY PROGRAM. Section 117(i) of the Federal Water Pollution Control Act (33 U.S.C. 1287) (as redesignated by section 4(a) of this Act) is amended-- (1) in paragraph (1)-- (A) by inserting ``tributary strategies and'' after ``ensure that''; (B) by striking ``and implementation is begun'' and inserting ``, approved, and implemented''; (C) by inserting ``all or a significant portion of'' after ``signatories to''; and (D) by striking ``and its''; (2) by redesignating paragraph (2) as paragraph (3); (3) by inserting after paragraph (1) the following: ``(2) Local government involvement.-- ``(A) Measurable goals.--The Administrator shall establish, in coordination with other members of the Chesapeake Executive Council and the Local Government Advisory Committee, measurable goals for local governments to achieve toward Chesapeake Bay Agreement nutrient and sediment reduction goals not later than 120 days after the date of enactment of the Chesapeake Bay Restoration Enhancement Act of 2005. ``(B) Consideration of priorities.--In preparing an annual budget for the Chesapeake Bay under subsection (h)(1), the Administrator shall consider priorities for funding needs recommended by the Local Government Advisory Committee.''; (4) in paragraph (3)(A) (as redesignated by paragraph (2) of this section) by striking ``as part of the Chesapeake Bay Program; and'' and inserting ``to support tributary strategies and other projects toward achievement of Chesapeake Bay Agreement goals;''; (5) in paragraph (3) (as redesignated by paragraph (2) of this section) by striking subparagraph (B) and inserting the following: ``(B) provide technical assistance and assistance grants under subsection (d) to local governments and nonprofit organizations and individuals in the Chesapeake Bay watershed to implement tributary strategies and other cooperative, locally based protection and restoration programs or projects within a tributary basin that complement the tributary strategy for such basin, including-- ``(i) the improvement of water quality toward Chesapeake Bay Agreement goals; or ``(ii) the creation, restoration, protection, or enhancement of habitat associated with the Chesapeake Bay ecosystem; ``(C) under the small watershed grants program, make such grants-- ``(i) so that local governments receive not less than 40 percent of total annually amount appropriated to carry out such program; and ``(ii) taking into consideration priority recommendations provided to the Chesapeake Executive Council by the Local Government Advisory Committee; and ``(D) consider recommendations of the Local Government Advisory Committee with regard to sufficiency of grant requests in meeting tributary strategy goals.''; and (6) by adding at the end the following: ``(4) Wasteload allocations.--Before May 11, 2001, the load allocations in the tributary strategies for any activity for which a permit is issued under section 402 of this Act for the Chesapeake Bay watershed shall be treated as the functional equivalent of wasteload allocations for total maximum daily loads and shall be incorporated in such permit.''. SEC. 8. STUDY OF CHESAPEAKE BAY PROGRAM. Section 117(j) of the Federal Water Pollution Control Act (33 U.S.C. 1287(j)) (as redesignated by section 4(a) of this Act) is amended-- (1) in paragraph (2)(B) by striking ``and 1995'' and inserting ``1995, and 2005''; and (2) in paragraph (2)(C)-- (A) by inserting after ``management strategies'' the following: ``, including tributary strategies,''; and (B) by striking ``on the date of enactment of this section''. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. Section 117 of the Federal Water Pollution Control Act (33 U.S.C. 1287) (as amended by section 4(a) of this Act) is amended by striking subsections (k) and (l) and inserting the following: ``(k) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated $40,000,000 for each of fiscal years 2007 through 2011 to carry out this section (other than subsection (i)(3)). ``(2) Small watershed grants program.--There is authorized to be appropriated $10,000,000 for each of fiscal years 2007 through 2011 to carry out subsection (i)(3). ``(3) Period of availability.--Funds appropriated to carry out this section shall remain available until expended.''.

Chesapeake Bay Restoration Enhancement Act of 2005 - Amends the Federal Water Pollution Control Act to revise requirements for implementation and monitoring grants under the Chesapeake Bay Agreement and for reporting on federally-funded projects under such Agreement. Requires the Administrator of the Environmental Protection Agency (EPA) to publish each year a tributary health report card to evaluate progress, with reference to a specified baseline, in achieving and maintaining nutrient and sediment reduction goals for each Chesapeake Bay tributary basin. Requires the states of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia and the District of Columbia to submit information to the Administrator for each Chesapeake Bay tributary basin located in such jurisdictions relating to nutrient and sediment reduction. Prohibits the Administrator from making a grant to any state which fails to provide required information. Requires the Director of the Office of Management and Budget, in cooperation with specified federal agencies, to submit to Congress an interagency budget and other accountings for Chesapeake Bay restoration activities. Directs the Administrator to establish measurable goals for local governments for nutrient and sediment reduction in the Chesapeake Bay. Updates reporting deadlines for the study of the Chesapeake Bay Program. Authorizes appropriations through FY2011.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Agreements Compliance Act of 1993''. SEC. 2. REQUESTS FOR REVIEW OF FOREIGN COMPLIANCE. Chapter 1 of title III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.) is amended by inserting after section 306 the following new section: ``SEC. 306A. REQUESTS FOR REVIEW OF FOREIGN COMPLIANCE. ``(a) Definitions.--For purposes of this section-- ``(1) The term `interested person' means any person that has a significant economic interest that is being, or has been, adversely affected by the failure of a foreign country to comply materially with the terms of a trade agreement. ``(2) The term `trade agreement' means any bilateral trade agreement to which the United States is a party other than-- ``(A) the United States-Canada Free Trade Agreement, entered into on January 2, 1988, and ``(B) the Agreement on the Establishment of a Free Trade Area between the Government of the United States of America and the Government of Israel, entered into on April 22, 1985. ``(b) Request for Review.-- ``(1) An interested person may request the Trade Representative to undertake a review under this section to determine whether a foreign country is in material compliance with the terms of a trade agreement. ``(2) A request for the review of a trade agreement under this section may be made only during-- ``(A) the 30-day period beginning on each anniversary of the effective date of the trade agreement; and ``(B) the 30-day period ending on the 90th day before the termination date of the trade agreement, if the first day of such 30-day period occurs not less than 180 days after the last occurring 30-day period referred to in subparagraph (A). ``(3) The Trade Representative shall commence a review under this section if the request-- ``(A) is in writing; ``(B) includes information reasonably available to the petitioner regarding the failure of the foreign country to comply with the trade agreement; ``(C) identifies the economic interest of the petitioner that is being adversely affected by the failure referred to in subparagraph (B); and ``(D) describes the extent of the adverse effect. ``(4) If 2 or more requests are filed during any period described in paragraph (2) regarding the same trade agreement, all of such requests shall be joined in a single review of the trade agreement. ``(c) Review.-- ``(1) If 1 or more requests regarding any trade agreement are received during any period described in subsection (b)(2), then within 90 days after the last day of such period the Trade Representative shall determine whether the foreign country is in material compliance with the terms of the trade agreement. ``(2) In making a determination under paragraph (1), the Trade Representative shall take into account-- ``(A) the extent to which the foreign country has adhered to the commitments it made to the United States; ``(B) the extent to which that degree of adherence has achieved the objectives of the agreement; and ``(C) any act, policy, or practice of the foreign country, or other relevant factor, that may have contributed directly or indirectly to material noncompliance with the terms of the agreement. The acts, policies, or practices referred to in subparagraph (C) may include structural policies, tariff or nontariff barriers, or other actions which affect compliance with the terms of the agreement. ``(3) In conducting any review under para- graph (1), the Trade Representative may, if the Trade Representative considers such action necessary or appropriate-- ``(A) consult with the Secretary of Commerce and the Secretary of Agriculture; ``(B) seek the advice of the United States International Trade Commission; and ``(C) provide opportunity for the presentation of views by the public. ``(d) Action After Affirmative Determination.-- ``(1) If, on the basis of the review carried out under subsection (c), the Trade Representative determines that a foreign country is not in material compliance with the terms of a trade agreement, the Trade Representative shall determine what action to take under section 301(a). ``(2) For purposes of section 301, any determination made under subsection (c) shall be treated as a determination made under section 304. ``(3) In determining what action to take under section 301(a), the Trade Representative shall seek to minimize the adverse impact on existing business relations or economic interests of United States persons, including products for which a significant volume of trade does not currently exist. ``(e) International Obligations.--Nothing in this section may be construed as requiring actions that are inconsistent with the international obligations of the United States, including the General Agreement on Tariffs and Trade.''. SEC. 3. CONFORMING AMENDMENTS. (a) Congressional Notification.--Section 309(3)(A) of the Trade Act of 1974 (19 U.S.C. 2419(3)(A)) is amended by striking out ``section 302,'' and inserting ``sections 302 and 306A(c),''. (b) Table of Contents.--The table of contents of the Trade Act of 1974 relating to chapter 1 of title III is amended by inserting after the item relating to section 306 the following: ``Sec. 306A. Requests for review of foreign compliance.''.

Trade Agreements Compliance Act of 1993 - Amends the Trade Act of 1974 to authorize an interested person to request the United States Trade Representative (USTR) to determine whether a foreign country is complying with any bilateral trade agreement to which the United States is a party (other than the United States-Canada Free Trade Agreement or the Agreement on the Establishment of a Free Trade Area between the United States and Israel). Requires the USTR to take specified action under the Act if he or she determines that such country is in material noncompliance with such agreement. Requires the amendments made by this Act to be consistent with U.S. international obligations, including the General Agreement on Tariffs and Trade.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pullman National Historical Park Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Pullman Historical District was designated as a National Historic Landmark (NHL) District in 1970 by the Secretary of the Interior for its significance to American labor history, social history, architecture, urban planning, and the events that took place at Pullman were pivotal in creating the world's first national Labor Day holiday. (2) The Historic Pullman District, built between the years of 1880 and 1884, was established by George M. Pullman, owner of the Pullman Palace Car Company. Pullman envisioned an industrial town that provided employees with a model community and suitable living conditions for workers and their families. The town, which consisted of over 1,000 buildings and homes, was awarded ``The World's Most Perfect Town'' at the International Hygienic and Pharmaceutical Exposition in 1896. (3) The Pullman factory site is a true symbol of the historic American struggle to achieve fair labor practices for the working class, with the original factory serving as the catalyst for the first industry-wide strike in the United States. In the midst of economic depression in 1894, Pullman factory workers initiated a strike to protest unsafe conditions and reductions in pay that, when taken up as a cause by the American Railway Union (ARU), crippled the entire rail industry. The strike continued even in the face of a Federal injunction and a showdown between laborers and Federal troops that turned violent and deadly. But the strike also set a national example for the ability of working Americans to change the existing system in favor of more just practices for protecting workers rights and safety. (4) The Pullman community was the site of the famous 1894 Pullman labor strike. Following the deaths of a number of workers at the hands of the U.S. military and U.S. Marshals during that strike, the United States Congress unanimously voted to approve rush legislation that created a national Labor Day holiday. President Grover Cleveland signed it into law a mere six days after the end of the strike. (5) The Pullman Car Company also played an important role in African-American and early Civil Rights history through the legacy of the Pullman Porters. Many of the Pullman Porters were ex-slaves who were employed in a heavily discriminatory environment immediately following the Civil War. These men, who served diligently between the 1870s and the 1960s, have been commended for their level of service and attention to detail, as well as their contributions to the development of the Black middle class. The information, ideas, and commerce they carried across the country (while traveling on trains) helped to bring education and wealth to Black communities everywhere. Their positive role in the historical image of the first-class service that was made available on Pullman cars is unmistakable. (6) Pullman was the seminal home to the Brotherhood of Sleeping Car Porters, the first African-American labor union with a collective bargaining agreement, founded by civil rights pioneer A. Philip Randolph in 1925. This union fought against discrimination and in support of just labor practices, and helped lay the groundwork for what became the great Civil Rights Movement of the 20th century. (7) The Pullman community is a paramount illustration of the work of architect Solon Spencer Beman and a well-preserved example of 19th century community planning, architecture, and landscape design. The community is comprised of a number of historic structures, including the Administration (Clock-tower) Building, Hotel Florence, Greenstone Church, Market Square, and hundreds of units of row houses built for Pullman workers. (8) The preservation of Pullman has been threatened by plans for demolition in 1960 and by a fire in 1998, which damaged the iconic clock-tower and the rear erecting shops. The restoration and preservation led by the diligent efforts of community organizations, foundations, non-profits, residents, and the local and State government were vital to the protection of the site. (9) Due to the Pullman's historic and architectural significance, the site is designated as-- (A) a registered National Historic Landmark District; (B) an Illinois State Landmark; and (C) a City of Chicago Landmark District. (10) The preservation, enhancement, economic, and tourism potential and management of the Pullman National Historical Park's important historical and architectural resources requires cooperation and partnerships from among local property owners, local, State, and Federal Government entities, the private and non-profit sectors, and more than 100 civic organizations who have expressed support for community preservation through the creation of Pullman National Historical Park. SEC. 3. ESTABLISHMENT OF PULLMAN NATIONAL HISTORICAL PARK. (a) Establishment and Purpose.--There is hereby established Pullman National Historical Park in the State of Illinois for the purposes of-- (1) preserving and interpreting for the benefit of future generations the significant labor, industrial and social history; the significant civil rights history; and the significant architectural structures in Pullman National Historical Park; (2) preserving and interpreting for the benefit of future generations the role of Pullman in the creation of the world's first national Labor Day holiday; (3) coordinating preservation, protection, and interpretation efforts by Federal, State, or local governmental entities, and/or private and nonprofit organizations; and (4) coordinating appropriate management options needed to ensure the protection, preservation, and interpretation of the many significant aspects of the site. (b) Boundaries.--The boundaries of Pullman National Historical Park should reflect and not exceed the boundaries of the Pullman Historic District in Chicago, which is between 103rd Street on the north, 115th Street on the south, Cottage Grove Avenue on the west, and the Norfolk & Western Rail Line on the east. The area encompasses about 300 acres. The National Park Service would initially own only the Pullman Factory Complex, including the Administration/Clock Tower Building and rear erecting shops and the approximately 13 acres of land on which the structures sit, which would be conveyed to the National Park Service by the State of Illinois. All future land, buildings, and assets could be transferred to the Federal Government by donation, transfer, or exchange only. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary of the Interior shall administer Pullman National Historical 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.). Additionally, nothing in this law modifies any authority of the United States to carry out Federal laws on Federal land located within the Park. (b) Cooperative Agreements.--The Secretary may also enter into cooperative agreements with the State or other public and non-public parties, under which the Secretary may identify, interpret, and provide assistance for the preservation of non-Federal properties within the Park (and at sites in close proximity to the Park but outside boundaries), including providing for placement of directional and interpretive signage, exhibits, and technology-based interpretive devices. (c) Land and Property Acquisition.--All land, buildings, structures, or interests in land owned by the State or any other political, private, or non-profit entity may be acquired by the Federal Government by donation, transfer, exchange, or purchase from a willing seller. (d) Management Plan.--Not later than 3 fiscal years after the date on which funds are first made available to carry out this Act, the Secretary, in consultation with the State, shall complete a general management plan for the Park in accordance with-- (1) section 12(b) of the National Park System General Authorities Act (16 U.S.C. 1a-7(b)); and (2) any other applicable laws.

Pullman National Historical Park Act - Establishes the Pullman National Historical Park in Illinois as a unit of the National Park System to: (1) preserve and interpret for the benefit of future generations the significant labor, industrial, civil rights, and social history of the Park, the significant architectural structures in the Park, and the role of the Pullman community in the creation of the first national Labor Day holiday in the world; (2) coordinate preservation, protection, and interpretation efforts of the Park by the federal government, the state of Illinois, units of local government, and private and nonprofit organizations; and (3) coordinate appropriate management options necessary to ensure the protection, preservation, and interpretation of the many significant aspects of the Park. Requires the Secretary of the Interior to complete a general management plan for the Park.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Speech About Science Act of 2010''. SEC. 2. FINDINGS. The Congress finds the following: (1) Federal regulators have forbidden-- (A) cherry growers and food producers to cite independent and respected scientific research on their produce that references health benefits; and (B) a variety of dietary supplement makers to cite independent scientific research on health benefits from supplements from respected, peer-reviewed scientific journals. (2) Americans want access and have a right to access legitimate scientific information about foods and dietary supplements to ensure informed decisions about diet and health care. While the American public is inundated daily with advertisements about prescription drugs for health conditions, many of which could be prevented through lifestyle changes, proper nutrition, and informed use of dietary supplements, Americans are denied access to the very information that assists in making informed lifestyle and health care decisions. (3) Providing access to scientific information promotes self-responsibility, thereby empowering Americans to exercise independent judgment in caring for themselves and ultimately reducing health care costs and improving quality of life. (4) The United States has a long commitment to the free dissemination of scientific research with the exception of limited extreme situations for national security. This commitment goes back to the First Amendment to the Constitution and has contributed vitally to the Nation's economic progress. SEC. 3. MISBRANDED FOOD AND DIETARY SUPPLEMENTS. Section 403(r) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(r)) is amended-- (1) in subparagraph (3)-- (A) by redesignating clause (D) as clause (E); (B) by inserting after clause (C) the following: ``(D) Notwithstanding the provisions of clauses (A)(i) and (B), a claim of the type described in subparagraph (1)(B) which is not authorized by the Secretary in a regulation promulgated in accordance with clause (B) shall be authorized and may be made with respect to a food if-- ``(i) the claim is based on legitimate scientific research; ``(ii) the claim and the food for which the claim is made are in compliance with clause (A)(ii) and are otherwise in compliance with paragraph (a) and section 201(n); ``(iii) the claim is stated in a manner so that the claim-- ``(I) is an accurate balanced summary of such research; and ``(II) enables the public to comprehend the information provided in the claim and the relative significance of such information in the context of a total daily diet; ``(iv) the claim includes a citation to such research; and ``(v) the claim identifies each party that funded such research.''; (C) in clause (E), as so redesignated, by striking ``clause (C)'' each place it appears and inserting ``clause (C) or (D)''; and (D) by adding at the end the following: ``(F) In this subparagraph, the term `legitimate scientific research' means scientific research, whether performed in vitro, in vivo, in animals, or in humans, that-- ``(i) is conducted in accordance with sound scientific principles; ``(ii) has been evaluated and accepted by a scientific or medical panel; and ``(iii) has been published in its entirety, or as an accurate, balanced summary or scientific review including a citation to the research in its entirety, in-- ``(I) a peer-reviewed article or book; ``(II) a recognized textbook; ``(III) a peer-reviewed scientific publication; or ``(IV) any publication of the United States Government (including ones published by or at the request of a Federal department, agency, institute, center, or academy).''; (2) by amending subparagraph (6) to read as follows: ``(6)(A) For purposes of subparagraph (1)(B), a statement for a dietary supplement may be made if-- ``(i) the statement claims a benefit related to a classical nutrient deficiency condition and discloses the prevalence of such condition in the United States, describes the role of a nutrient or dietary ingredient intended to affect the structure or function in humans, characterizes the documented mechanism by which a nutrient or dietary ingredient acts to maintain such structure or function, or describes general well-being from consumption of a nutrient or dietary ingredient; ``(ii) the manufacturer of the dietary supplement has substantiation that such statement is truthful and not misleading; ``(iii) the statement contains, prominently displayed and in boldface type, the following: `This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.'; and ``(iv) the statement does not claim to diagnose, mitigate, treat, cure, or prevent a specific disease or class of diseases. ``(B) Notwithstanding subparagraph (1)(B), a statement for a dietary supplement may be made if-- ``(i) the statement claims to diagnose, mitigate, treat, cure, or prevent a specific disease or class of diseases, based on legitimate scientific research (as defined in subparagraph (3)(F)); ``(ii) the manufacturer of the dietary supplement has substantiation that such statement is truthful and not misleading; ``(iii) the statement contains, prominently displayed and in boldface type, the following: `This statement has not been evaluated by the Food and Drug Administration.'; ``(iv) the claim includes a citation to the research referred to in subclause (i); and ``(v) the claim identifies each party that funded such research. If the manufacturer of a dietary supplement proposes to make a statement described in clause (A) or (B) in the labeling of the dietary supplement, the manufacturer shall notify the Secretary no later than 30 days after the first marketing of the dietary supplement with such statement that such a statement is being made.''; and (3) by adding at the end the following: ``(8) Subject to subparagraph (1) (relating to claims in the label or labeling of food), the Secretary shall take no action to restrict in any way the distribution of information that is not false or misleading on legitimate scientific research (as defined in subparagraph (3)(F)) in connection with the sale of food.''.

Free Speech About Science Act of 2010 - Amends the Federal Food, Drug, and Cosmetic Act to allow food producers to make a disease or health-related claim about a food if such claim is based on legitimate scientific research. Requires such a claim to: (1) be stated so that it is an accurate, balanced summary of such research and enables the public to comprehend the information provided in the claim and the relative significance of such information in the context of a total daily diet; and (2) identify each party that funded research to support the claim. Allows a disease or health-related statement for a dietary supplement if: (1) the statement claims to diagnose, treat, cure, or prevent a specific disease or class of diseases, based on legitimate scientific research; (2) the manufacturer of the supplement has substantiation that such statement is truthful and not misleading; and (3) the health claim includes a citation to the research supporting such claim and identifies each party that funded such research. Prohibits the Secretary of Health and Human Services (HHS) from restricting the distribution of information that is not false or misleading and that is based on legitimate scientific research in connection with the sale of food.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pilot's Bill of Rights''. SEC. 2. FAA ENFORCEMENT PROCEEDINGS AND ELIMINATION OF DEFERENCE. (a) In General.--Notwithstanding any other provision of law, any proceeding conducted under subpart C or D and F of part 821 of title 49, Code of Federal Regulations, relating to denial, amendment, modification, suspension, or revocation of an airman certificate, shall be conducted in accordance with the Federal Rules of Civil Procedure and Federal Rules of Evidence, to the extent practicable. (b) Access to Information.-- (1) In general.--The Administrator of the Federal Aviation Administration shall advise (in a timely manner and in writing) an individual who is the subject of an investigation relating to approval, denial, suspension, modification, or revocation of an airman certificate under chapter 447 of title 49, United States Code, of the following: (A) The nature of the investigation. (B) An oral or written response to a Letter of Investigation from the Administrator is not required. (C) No action or adverse inference can be taken against the individual for declining to respond to a Letter of Investigation from the Administrator. (D) Any response to a Letter of Investigation from the Administrator or to an inquiry made by a representative of the Administrator by the individual may be used as evidence against the individual. (E) The releasable portions of the Administrator's investigative report will be available to the individual. (2) Access to air traffic data.--The Administrator of the Federal Aviation Administration shall provide (in a timely manner) an individual who is the subject of an investigation relating to approval, denial, suspension, modification, or revocation of an airman certificate under chapter 447 of title 49, United States Code, any air traffic data that would facilitate the individual's ability to productively participate in the investigation, including the following: (A) Relevant air traffic communication tapes. (B) Radar information. (C) Air traffic controller statements. (D) Flight data. (E) Investigative reports. (F) Any other air traffic or flight data that would facilitate the individual's ability to productively participate in the investigation. (3) Timing.--The Administrator shall not proceed against an individual that is the subject of an investigation described in paragraph (1) for at least 30 days after the air traffic data required under paragraph (2) is made available to the individual. (c) Amendments to Title 49.-- (1) Airman certificates.--Section 44703(d)(2) of title 49, United States Code, is amended by striking the second sentence and inserting the following: ``The Board is not bound by the findings of fact of the Administrator of the Federal Aviation Administration or the interpretation of laws or regulations the Administrator carries out, but may consider the interpretation and guidance of the Administrator in its review in accordance with the general administrative law principles of deference.''. (2) Amendments, modifications, suspensions, and revocations of certificates.--Section 44709(d)(3) of title 49, United States Code, is amended by striking ``is not bound'' and all that follows through the end period and inserting the following: ``is not bound by the findings of fact of the Administrator or the interpretation of laws or regulations the Administrator carries out, but may consider the interpretation and guidance of the Administrator in its review in accordance with the general administrative law principles of deference.''. (3) Revocation of airman certificates for controlled substance violations.--The third sentence of section 44710(d)(1) of title 49, United States Code, is amended in the third sentence, by striking ``is not bound'' and all that follows through the end period, and inserting the following: ``is not bound by findings of fact of the Administrator or the interpretation of laws or regulations the Administrator carries out, but may consider the interpretation and guidance of the Administrator in its review in accordance with the general administrative law principles of deference.''. (d) Appeal From Certificate Actions.--Upon an order or final decision by the Administrator of the Federal Aviation Administration denying an airman certificate under section 44703(d) of title 49, United States Code, or imposing a punitive civil action or an emergency order of revocation under section 44709 (d) and (e) of title 49, United States Code, the individual adversely affected by the Administrator's action may, at the individual's election, file an appeal in the United States district court in which the individual resides, in which the action in question occurred, or in the district court for the District of Columbia. If the individual adversely affected by the Administrator's action elects not to file an appeal in a Federal district court, the individual may file an appeal with the National Transportation Safety Board. (e) Standard of Review.--In an appeal filed under subsection (d), the district court or the National Transportation Safety Board, as the case may be, shall give full independent review of a denial, suspension, or revocation ordered by the Administrator, including substantive independent and expedited review of any decision by the Administrator to make the order effective immediately. SEC. 3. NOTAMS PROVIDED TO AIRMEN. (a) In General.-- (1) Definition.--In this section, the term ``NOTAM'' means notices to airmen. (2) Improvements.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall begin a Notice to Airmen Improvement Program (in this section referred to as the ``NOTAM Improvement Program'') to-- (A) improve the system of providing airmen with pertinent and timely information regarding the national airspace system; (B) to archive, in a public central location, all notices to airmen, including the original content and form of the notices, the original date of publication, and any amendments to such notices with the date of each amendment; and (C) apply filters so that pilots can prioritize critical flight safety information from other airspace system information. (b) Goals of Program.--The goals of the NOTAM Improvement Program are to-- (1) decrease the overwhelming volume of NOTAMS an airman receives when retrieving airman information prior to a flight in the national airspace system; (2) make the NOTAMS more specific and relevant to the airman's route and in a format that is more useable to the airman; (3) provide both a full set of NOTAM results in addition to specific information requested by airmen; (4) provide a document that is easily searchable; and (5) provide a filtering mechanism similar to that provided by the Department of Defense Notices to Airmen. (c) Advice From Private Sector Groups.--The Administrator shall establish a NOTAM Improvement Panel, consisting of relevant nonprofit and not-for-profit general aviation pilot groups, to advise the Administrator in carrying out the goals of the Program under this section. (d) Phase-In and Completion.--The improvements required by this section shall be phased in as quickly as practicable and shall be completed not later than the date that is 1 year after the date of the enactment of this Act. SEC. 4. FLIGHT SERVICE STATION BRIEFINGS. The Flight Service Station briefings and other air traffic services performed by Lockheed Martin or any other government contractor shall be available to airmen under the section 522 of title 5, United States Code (commonly known as the ``Freedom of Information Act''). SEC. 5. MEDICAL CERTIFICATION. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall begin a review of the Administration's medical certification standards and forms in order to-- (1) revise the medical application form to provide greater clarity and guidance to applicants; and (2) align medical qualification policies with present-day qualified medical judgment and practices as they may apply to an individual's medically relevant circumstances; and (3) publish objective medical standards so that the public is fairly advised of the criteria that determines an airman's medical certificate eligibility. (b) Goals of Program.--The goals of the review are to-- (1) provide questions in the medical application form that-- (A) are appropriate without being overly broad; (B) are subject to a minimum amount of misinterpretation and mistaken responses; (C) allow for consistent treatment and responses during the medical application process; and (D) avoid unnecessary allegations that an individual has intentionally falsified answers on the form; (2) provide questions that elicit information that is relevant to making a determination of an individual's medical qualifications within the standards identified in the Administrator's regulations; (3) give medical standards greater meaning by ensuring the information requested aligns with present-day medical judgment and practices; and (4) provide that the application of those standards ensures an appropriate and fair evaluation of an individual's qualifications, and that the individual understands the basis for determining medical qualifications. (c) Advice From Private Sector Groups.--The Administrator shall establish a panel, consisting of relevant nonprofit and not-for-profit general aviation pilot groups, aviation medical examiners, and other qualified medical experts, to advise the Administrator in carrying out the goals of the review required by this section. (d) Phase-In and Completion.--The actions to revise the medical application form, to align the medical qualification policies, and to publish objective medical standards shall be phased in as quickly as practicable and shall be completed not later than the date that is 1 year after the date of the enactment of this Act.

Pilot's Bill of Rights - Requires National Transportation Safety Board (NTSB) proceedings for the review of decisions of the Administrator of the Federal Aviation Administration (FAA) to deny, amend, modify, suspend, or revoke an airman's certificate to be conducted, to the extent practicable, in accordance with the Federal Rules of Civil Procedure and Federal Rules of Evidence. Requires the Administrator to: (1) advise the subject of an investigation involving the approval, denial, suspension, modification, or revocation of an airman certificate of specified information pertinent to the investigation; and (2) provide him or her with access to relevant air traffic data. Allows an individual to elect to file an appeal of a certificate denial, a punitive civil action, or an emergency order of revocation in the U.S. district court in which individual resides, in which the action in question occurred, or the district court for the District of Columbia. Allows an adversely affected individual who elects not to file an appeal in a federal district court to file such appeal with the NTSB. Directs the Administrator to begin a Notice to Airmen (NOTAM) Improvement Program to improve the system of providing airmen with pertinent and timely information before a flight in the national airspace system. Makes Flight Service Station briefings and other air traffic services performed by Lockheed Martin or any other government contractor available to airmen under the Freedom of Information Act (FOIA). Requires the Administrator to review the FAA system for the medical certification of airmen in order to: (1) revise the medical application form, (2) align medical qualification policies with present-day qualified medical judgment and practices, and (3) publish objective medical standards to advise the public of the criteria determining an airman's medical certificate eligibility.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chemical Security Act of 1999''. SEC. 2. FINDINGS. Congress finds that-- (1) the Federal Bureau of Investigation and the Agency for Toxic Substances and Disease Registry believe that the possibility of terrorist and criminal attacks on chemical plants poses a serious threat to human health, safety, and the environment; (2) limiting public access to chemical accident information does not address the underlying problem of the vulnerability of chemical plants to criminal attack; on the contrary, providing public access to chemical accident information may create substantial incentives to reduce such vulnerability; (3) there are significant opportunities to prevent criminal attack on chemical plants by employing inherently safer technologies in the manufacture and use of chemicals; such technologies may offer industry substantial savings by reducing the need for site security, secondary containment, buffer zones, mitigation, and liability insurance; (4) chemical plants have a general duty to design and maintain safe facilities to prevent criminal activity that may result in harm to human health, safety and the environment; and (5) if the Attorney General determines that chemical plants have not taken adequate actions to protect themselves from criminal attack, the Attorney General must establish a program to ensure that such actions are taken. SEC. 3. PREVENTION OF CRIMINAL RELEASES. (a) Purpose and General Duty.--Section 112(r)(1) of the Clean Air Act (42 U.S.C. 7412(r)(1)) is amended by striking the second sentence and inserting the following: ``Each owner and each operator of a stationary source that produces, processes, handles, or stores such a substance has a general duty in the same manner and to the same extent as the duty imposed under section 5 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 654) to identify hazards that may result from an accidental release or criminal release using appropriate hazard assessment techniques, to ensure design and maintenance of safe facilities taking such actions as are necessary to prevent accidental releases and criminal releases, and to minimize the consequences of any accidental release or criminal release that does occur.''. (b) Definitions.--Section 112(r)(2) of the Clean Air Act (42 U.S.C. 7412(r)(2)) is amended-- (1) by redesignating subparagraphs (B) and (C) as subparagraphs (E) and (F), respectively; and (2) by inserting after subparagraph (A) the following: ``(B) Criminal release.--The term `criminal release' means-- ``(i) a release of a regulated substance from a stationary source into the environment that is caused, in whole or in part, by a criminal act; and ``(ii) a release into the environment of a regulated substance that has been removed from a stationary source, in whole or in part, by a criminal act. ``(C) Design and maintenance of safe facilities.-- The term `design and maintenance of safe facilities' means, with respect to the facilities at a stationary source, the practices of-- ``(i) preventing or reducing the vulnerability of the stationary source to a release of a regulated substance through use of inherently safer technology to the maximum extent practicable; ``(ii) reducing any vulnerability of the stationary source that remains after taking the measures described in clause (i) through secondary containment, control, or mitigation equipment to the maximum extent practicable; ``(iii) reducing any vulnerability of the stationary source that remains after taking the measures described in clauses (i) and (ii) by-- ``(I) making the facilities impregnable to intruders to the maximum extent practicable; and ``(II) improving site security and employee training to the maximum extent practicable; and ``(iv) reducing the potential consequences of any vulnerability of the stationary source that remains after taking the measures described in clauses (i) through (iii) through the use of buffer zones between the stationary source and surrounding populations (including buffer zones between the stationary source and residences, schools, hospitals, senior centers, shopping centers and malls, sports and entertainment arenas, public roads and transportation routes, and other population centers). ``(D) Use of inherently safer technology.-- ``(i) In general.--The term `use of inherently safer technology' means use of a technology, product, raw material, or practice that, as compared to the technology, products, raw materials, or practices currently in use-- ``(I) reduces or eliminates the possibility of release of a toxic, volatile, corrosive, or flammable substance prior to secondary containment, control, or mitigation; and ``(II) reduces or eliminates the hazards to public health and the environment associated with the release or potential release of a substance described in subclause (I). ``(ii) Inclusions.--The term `use of inherently safer technology' includes input substitution, process redesign, product reformulation, procedure simplification, and technology modification so as to-- ``(I) use less hazardous or benign substances; ``(II) moderate pressures or temperatures; ``(III) reduce the likelihood and potential consequences of human error; ``(IV) improve inventory control and chemical use efficiency; and ``(V) reduce or eliminate storage, transportation, and handling of hazardous chemicals.''. (c) Determination and Regulations.--Section 112(r) of the Clean Air Act (42 U.S.C. 7412(r)) is amended by adding at the end the following: ``(12) Prevention of criminal releases.-- ``(A) Determination of adequacy.--Not later than 1 year after the date of enactment of this paragraph, the Attorney General, in consultation with the Administrator, shall determine whether the owners or operators of stationary sources have taken adequate actions, including the design and maintenance of safe facilities, to detect, prevent, and minimize the consequences of criminal releases that may cause substantial harm to public health, safety, and the environment. ``(B) Chemical security regulations.--If the Attorney General determines, under subparagraph (A), that adequate actions have not been taken, the Attorney General, in consultation with the Administrator, shall promulgate, not later than 2 years after the date of enactment of this paragraph, requirements to ensure that owners or operators of stationary sources take adequate actions, including the design and maintenance of safe facilities, to detect, prevent, and minimize the consequences of criminal releases that may cause substantial harm to public health, safety, and the environment.''. SEC. 4. REGULATIONS. The Administrator of the Environmental Protection Agency and the Attorney General may promulgate such regulations as are necessary to carry out this Act and the amendments made by this Act. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Administrator of the Environmental Protection Agency and the Attorney General such sums as are necessary to carry out this Act and the amendments made by this Act, to remain available until expended.

Chemical Security Act of 1999 - Amends provisions of the Clean Air Act regarding accidental releases of hazardous substances anticipated to cause death, injury, or serious health or environmental effects to require the Attorney General to: (1) determine whether owners or operators of stationary sources have taken adequate actions to detect, prevent, and minimize the consequences of criminal releases that may cause harm to public health and safety and the environment; and (2) promulgate requirements to ensure that such actions are taken, if they have not been taken. Defines a "criminal release" as a release of such a substance: (1) from a stationary source into the environment caused by a criminal act; and (2) that has been removed from a source by a criminal act. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Property Low Hanging Fruit Act''. SEC. 2. UNIFORM AUTHORITY FOR EXECUTIVE DEPARTMENTS TO USE FUNDS FROM DISPOSAL OF FEDERAL REAL PROPERTY. (a) Authority To Convey.--The head of each executive department may-- (1) convey, by sale, lease, exchange, or otherwise, including through leaseback arrangements, real and related property, or interests therein, under their ownership and control; and (2) retain the net proceeds of such dispositions in an account within the general fund of the United States Treasury established for purposes of this section, to be used in accordance with subsection (b). (b) Use of Funds.--For purposes of subsection (a), the net proceeds of such dispositions retained in the account of an executive department pursuant to that subsection shall be available to the head of the executive department, until expended and without further appropriation and in compliance with other applicable provisions of law, to pay any necessary and incidental costs incurred by such head in connection with Federal property management activities of the executive department, including acquisition, improvements, maintenance, reconstruction, or construction needs. In conducting these activities, an executive department may enter into agreements with the General Services Administration for assistance. (c) Regulations.--The Director of the Office of Management and Budget, in consultation with the Administrator of General Services and the Secretary of Defense, shall promulgate regulations to carry out this section. (d) Definitions.--In this section: (1) Net proceeds.--The term ``net proceeds'', with respect to a disposition of property or interests under this section, means the rental, sales, and other sums received less the costs of the disposition. (2) Executive department.--The term ``executive department'' means an Executive department listed in section 101 of title 5, United States Code. SEC. 3. PUBLIC-PRIVATE AGREEMENT PILOT PROGRAM. (a) Plan for Entering Into Public-Private Agreements.-- (1) In general.--The head of a covered agency shall develop and carry out a plan to enter into one or more agreements with a nongovernmental person, for the purposes described in paragraph (2). (2) Purposes.--The purposes of any agreement entered into under paragraph (1) shall be-- (A) to lease Federal real properties that are underutilized or excess, under the terms of subsection (c); and (B) to develop, rehabilitate, or renovate facilities on such leased properties for the benefit of the covered agency. (3) Number of properties.--A total of at least 5, and not more than 10, Federal real properties shall be leased under agreements entered into under paragraph (1). (b) Agreement Terms.-- (1) In general.--Each agreement entered into pursuant to this section-- (A) shall have as its primary purpose the enhancement of the functional and economic efficiency of Federal real property; (B) shall be negotiated pursuant to such procedures as the head of the covered agency concerned considers necessary to promote competition and protect the public interest; (C) shall provide a lease option to the United States to occupy space in the facilities acquired, constructed, or rehabilitated under the agreement, but shall not guarantee occupancy by the United States; (D) shall describe the consideration, duties, and responsibilities for which the United States and the nongovernmental person are responsible and may provide for the alteration, repair, or improvement of the real property as part or all of the consideration of the nongovernmental person, notwithstanding any provision of law, including section 1302 of title 40, United States Code; (E) shall provide-- (i) that the United States shall not be liable for any actions, debts, or liability of the nongovernmental person; and (ii) that no person is authorized by the agreement to execute any instrument or document creating or evidencing any indebtedness unless such instrument or document specifically disclaims any liability of the United States under the instrument or document; and (F) shall provide that the leasehold interests of the United States are senior to that of any lender to the nongovernmental person. (2) Ability to pledge as collateral.--Subparagraph (F) shall not impair the ability of the nongovernmental person to pledge as collateral its leasehold interest under a lease with the United States entered into pursuant to the terms of subsection (c). (c) Lease of Real Property.-- (1) Authority.--Notwithstanding any other provision of law, including sections 582 and 583 of title 40, United States Code, the head of a covered agency may lease real property under an agreement under subsection (a) to the nongovernmental person that is party to the agreement. (2) Period of lease.--A lease under this subsection may be for such period as the head of the covered agency determines appropriate. (3) Relationship to homeless assistance act.--Real property leased under this subsection shall not be considered unutilized or underutilized for purposes of section 501 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411) and may be leased under this subsection without regard to any other provision of law. (d) Services.--Notwithstanding any other provision of law, the head of a covered agency, or his or her designee, may provide services under an agreement under subsection (a) to the nongovernmental person that is party to the agreement on such terms as the head considers appropriate. (e) Use and Deposit of Revenues.-- (1) Use of revenues.--Notwithstanding any other provision of law, the head of a covered agency may retain and use any revenues derived from agreements entered into under this section for Federal property management activities of the covered agency, including acquisition, improvements, maintenance, reconstruction, or construction needs. (2) Deposit of revenues.--Revenues received by the head of a covered agency from an agreement under subsection (a) shall be deposited-- (A) in the case of the General Services Administration, into the fund created by section 592 of title 40, United States Code; and (B) in the case of any other covered agency, into the account of the agency established under section 2(a). (f) Plan.-- (1) Matters covered.--The plan of a covered agency required under subsection (a) shall-- (A) identify the Federal real properties that the head of the covered agency proposes to make available under the agreement or agreements to be entered into with one or more nongovernmental persons; and (B) include performance measures by which the proposed project or projects will be measured. (2) Consultation with council.--In developing the plan required under subsection (a), the head of a covered agency shall consult with the Federal Real Property Council. (g) Submissions to Congress of Plan and Agreements.-- (1) Submission of plan within 12 months.--The head of a covered agency shall submit to Congress the plan required by subsection (a) not later than 12 months after the date of the enactment of this Act. (2) Submission of each agreement to congress before implementation.--The head of a covered agency shall submit to Congress each agreement entered into under subsection (a) and may not implement any such agreement until at least 30 days has expired after the date of submission to Congress. The submission to Congress under this paragraph shall also include-- (A) an explanation of the agreement; (B) the name, resources, and qualifications of the nongovernmental person or persons that are party to the agreement; (C) the name of any other nongovernmental person that submitted a proposal for the property that is the subject of the agreement; (D) the factors in support of the proposed project or projects covered by the agreement; and (E) the projected economic performance, including expenditures and receipts, arising from the agreement. (3) Submission of all agreements within 3 years.--The head of a covered agency shall submit to Congress all agreements to be entered into under the plan not later than 3 years after the date of the enactment of this Act. (h) Projected Economic Performance.--The head of a covered agency shall describe, in the budget submitted by the President pursuant to section 1105 of title 31, United States Code, for a fiscal year, the projected economic performance, including expenditures and receipts, arising from each agreement entered into pursuant this section and in effect during such fiscal year. (i) Definitions.--In this section: (1) Covered agency.--The term ``covered agency'' means each of the following: (A) The Department of Defense. (B) The Department of Agriculture. (C) The Department of Energy. (D) The General Services Administration. (2) Head of a covered agency.--The term ``head of a covered agency'' means each of the following: (A) The Secretary of Defense. (B) The Secretary of Agriculture. (C) The Secretary of Energy. (D) The Administrator of General Services. (3) Federal real property.--The term ``Federal real property'' means property, as that term is defined in section 102(9) of title 40, United States Code. (4) Excess.--The term ``excess'', with respect to Federal real property, means excess property as defined in section 102(3) of title 40, United States Code. (5) Nongovernmental person.--The term ``nongovernmental person'' means a limited liability company, limited partnership, corporation, business trust, nonprofit entity, or such other form of entity as the head of a covered agency may designate. (6) Executive agency.--The term ``executive agency'' has the meaning provided in section 102(4) of title 40, United States Code. (j) Reports by Government Accountability Office.--The Comptroller General of the United States shall submit to Congress two reports on the effectiveness of the public-private agreement pilot program under this section. The first report shall be submitted not later than 5 years after the date of the enactment of this section, and the second report shall be submitted not later than 10 years after such date of enactment. Each report shall include specific recommendations on how best to use public-private agreements in all Federal agencies to improve Federal real property management.

Federal Property Low Hanging Fruit Act - Authorizes the head of each executive department to convey real and related property under the department's ownership and control and retain the net proceeds in an account within the Treasury. Makes such proceeds available to the department head to pay necessary and incidental costs for the department's property management activities, including acquisition, improvements, maintenance, reconstruction or construction needs. Directs the head of each of the Departments of Defense (DOD), Agriculture, and Energy (DOE) and the General Services Administration (GSA) to develop and carry out a plan to enter into agreements with a nongovernmental person to: (1) lease at least 5, but not more than 10, federal real properties that are underutilized or excess; and (2) develop, rehabilitate, or renovate facilities on such leased properties. Requires such agreements to provide a lease option to the United States and indemnity for any actions, debts, or liability of the nongovernmental person. Directs the Comptroller General (GAO) to submit reports to Congress on the effectiveness of the plan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arctic Marine Shipping Assessment Implementation Act of 2009''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds and declares the following: (1) The Arctic Ocean and adjacent seas are becoming increasingly accessible to shipping, due to thinning ice cover, technological improvements allowing greater efficiencies in the operation of ice-breakers and ice-strengthened cargo and passenger vessels, satellite support for navigation and real- time ice-charting, and growing demand for Arctic tourism and natural resources. (2) It is in the interests of the United States to work with the State of Alaska and our neighbors in the Arctic Region to ensure that shipping in the Arctic Ocean and adjacent seas is safe for mariners, protective of the natural environment, including the air, land, water, and wildlife of the Arctic, and mindful of the needs of longstanding subsistence users of Arctic resources. (3) It is further in the interests of the United States to ensure that shipping in the Arctic Ocean and adjacent seas is secure, and that United States sovereign and security interests, including the rights of United States vessels to innocent passage through international straits, are respected and protected, that access is provided throughout the Arctic Ocean for legitimate research vessels of all nations, and that peaceful relations are maintained in the Arctic region. (4) It is further in the interests of the United States to see that a system of international cooperation is established to support reliable shipping, with methods for joint investment in providing mariners aids to navigation, ports of refuge, vessel-to-shore communication, hydrographic mapping, and search and rescue capability. (5) For nearly 500 years, mariners and sea-faring nations have sought national and global benefits from sea routes in the Arctic similar to those provided now by the Panama and Suez canals, but as those benefits may finally be realized, expanded shipping will present risks to residents of the Arctic, and coordinated shipping regulations are needed to protect United States interests even from shipping that may occur in the Arctic region outside United States territorial waters. (6) Proven models for international cooperation in management of regional waterways exist, including United States joint administration of the St. Lawrence Seaway with Canada, and existing cooperation between the Coast Guard and its Russian Federation counterpart for fisheries enforcement in the Bering Sea and North Pacific regions. (7) The United States has continuing research, security, environmental, and commercial interests in the Arctic region that rely on the availability of icebreaker platforms of the Coast Guard. The Polar Class icebreakers commissioned in the 1970s are in need of replacement. (8) Sovereign interests of the United States in the Arctic Ocean and Bering Sea regions may grow with submission of a United States claim for an extended continental shelf. (9) Building new icebreakers, mustering international plans for aids to navigation and other facilities, and establishing coordinated shipping regulations and oil spill prevention and response capability through international cooperation, including the approval of the International Maritime Organization, requires long lead times. Beginning those efforts now, with the completion of an Arctic Marine Shipping Assessment by the eight-nation Arctic Council, is essential to protect United States interests given the extensive current use of the Arctic Ocean and adjacent seas by vessels of many nations. (b) Purpose.--The purpose of this Act is to ensure safe, secure, and reliable maritime shipping in the Arctic including the availability of aids to navigation, vessel escorts, spill response capability, and maritime search and rescue in the Arctic. SEC. 3. INTERNATIONAL MARITIME ORGANIZATION AGREEMENTS. To carry out the purpose of this Act, the Secretary of the department in which the Coast Guard is operating shall work through the International Maritime Organization to establish agreements to promote coordinated action among the United States, Russia, Canada, Iceland, Norway, and Denmark and other seafaring and Arctic nations to ensure, in the Arctic-- (1) placement and maintenance of aids to navigation; (2) appropriate icebreaking escort, tug, and salvage capabilities; (3) oil spill prevention and response capability; (4) maritime domain awareness, including long-range vessel tracking; and (5) search and rescue. SEC. 4. COORDINATION BY COMMITTEE ON THE MARITIME TRANSPORTATION SYSTEM. The Committee on the Maritime Transportation System established under a directive of the President in the Ocean Action Plan, issued December 17, 2004, shall coordinate the establishment of domestic transportation policies in the Arctic necessary to carry out the purpose of the Act. SEC. 5. AGREEMENTS AND CONTRACTS. The Secretary of the department in which the Coast Guard is operating may, subject to the availability of appropriations, enter into cooperative agreements, contracts, or other agreements with, or make grants to individuals and governments to carry out the purpose of this Act or any agreements established under section 3. SEC. 6. ICEBREAKING. The Secretary of the department in which the Coast Guard is operating shall promote safe maritime navigation by means of icebreaking where needed to assure the reasonable demands of commerce. SEC. 7. DEMONSTRATION PROJECTS. The Secretary of Transportation may enter into cooperative agreements, contracts, or other agreements with, or make grants to, individuals to conduct demonstration projects to reduce emissions or discharges from vessels operating in the Arctic. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated-- (1) to the Secretary of the department in which the Coast Guard is operating-- (A) $750,000,000 for each of fiscal years 2011 and 2012 for the construction of two polar capable icebreakers; (B) $5,000,000 for each of fiscal years 2011 through 2015 for seasonal operations in the Arctic; and (C) $10,000,000 for each of fiscal years 2012 through 2015 to carry out agreements established under section 5; and (2) to the Secretary of Transportation $5,000,000 for each of fiscal years 2011 through 2015 to conduct demonstration projects under section 7. SEC. 9. ARCTIC DEFINITION. In this Act the term ``Arctic'' has the same meaning as in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).

Arctic Marine Shipping Assessment Implementation Act of 2009 - Directs the Secretary of the department in which the Coast Guard is operating to work through the International Maritime Organization to establish agreements to promote coordinated action among the United States, Russia, Canada, Iceland, Norway, and Denmark and other seafaring and Arctic nations to ensure in the Arctic: (1) placement and maintenance of aids to navigation; (2) appropriate icebreaking escort, tug, and salvage capabilities; (3) oil spill prevention and response capability; (4) maritime domain awareness, including long-range vessel tracking; and (5) search and rescue. Directs the Committee on the Maritime Transportation System to coordinate the establishment of domestic transportation policies in the Arctic necessary to carry out this Act. Authorizes the Secretary, subject to the availability of appropriations, to enter into cooperative agreements, contracts, or other agreements with, or make grants to, individuals and governments to carry out this Act or any agreements. Directs the Secretary to promote safe commercial maritime navigation by means of icebreaking when necessary. Authorizes the Secretary to enter into such agreements or contracts with, or make such grants to, individuals to conduct demonstration projects to reduce emissions or discharges from vessels operating in the Arctic.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Protection Act of 2003''. SEC. 2. FINDINGS. Congress hereby finds that-- (1) small businesses represent more than 99 percent of all employers, (2) the majority of private sector employees work for small businesses, (3) more than half of all high-tech workers work for small businesses, (4) small businesses are responsible for the majority of net job creation in the United States, (5) more than 12 million small businesses are owned by women or minorities, (6) small businesses face unique challenges in accessing capital markets, (7) small businesses are exposed to more market volatility than larger employers, (8) small businesses are hurt disproportionately by costs imposed by government regulations, and (9) small businesses are in need of reforms to the tax code that reflect these unique challenges. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to provide employees salaries and benefits, and to help ensure solvency of small businesses during times of recession, (2) to encourage the formation, growth, and survival of small businesses, (3) to encourage opportunities for charitable giving by small businesses, and (4) to enable small businesses to stimulate the national economy through increased employment and capital generation. SEC. 4. SMALL BUSINESS PROTECTION 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: ``SEC. 468C. SMALL BUSINESS PROTECTION ACCOUNTS. ``(a) Deduction Allowed.--In the case of an individual engaged in an eligible small 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 Small Business Protection Account. ``(b) Limitation.-- ``(1) In general.--The amount which a taxpayer may pay into a Small Business Protection Account for any taxable year shall not exceed 50 percent of so much of the net profit of the taxpayer (determined without regard to this section) which is attributable (determined in the manner applicable under section 1301) to any trade or business. ``(2) Carryover of excess limitation.--If the limitation under paragraph (1) for any taxable year exceeds the amount paid by the taxpayer to the taxpayer's Small Business Protection Account for such year, the limitation under paragraph (1) for the following taxable year (determined without regard to this paragraph) shall be increased by such excess. ``(c) Eligible Small Business.--For purposes of this section, the term `eligible small business' means any trade or business if-- ``(1) such trade or business (or any predecessor thereof) meets the gross receipts test of section 448(c) for all prior taxable years, ``(2) such trade or business is not a passive activity (within the meaning of section 469(c)) of the taxpayer, ``(3) such trade or business is not a farming business (as defined in section 263A(e)(4)), and ``(4) such trade or business has never been determined by the United States Equal Employment Opportunity Commission to have engaged in job discrimination. ``(d) Small Business Protection Account.--For purposes of this section-- ``(1) In general.--The term `Small Business Protection 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 Small Business Protection 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 Small Business Protection 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 small business), and ``(iii) subparagraph (A) or (B) of subsection (f)(3) (relating to prohibited transactions and pledging account as security). ``(2) Exceptions.--Paragraph (1)(A) shall not apply to-- ``(A) any distribution to the extent attributable to income of the Account, and ``(B) the distribution of any contribution paid during a taxable year to a Small Business Protection 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. For purposes of subparagraph (A), distributions shall be treated as first attributable to income and then to other amounts. ``(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 Small Business Protection 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 Small Business Protection Account (other than distributions of current income) 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 business.--At the close of the first disqualification period after a period for which the taxpayer was engaged in an eligible small business, there shall be deemed distributed from the Small Business Protection Account of the taxpayer an amount equal to the balance in such Account (if any) 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 small business. ``(3) Certain rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 220(f)(8) (relating to treatment on death). ``(B) Section 408(e)(2) (relating to loss of exemption of account where individual engages in prohibited transaction). ``(C) Section 408(e)(4) (relating to effect of pledging account as security). ``(D) Section 408(g) (relating to community property laws). ``(E) 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 Small Business Protection Account on the last day of a taxable year if such payment is made on account of such taxable year and is made on or before the due date (without regard to extensions) for filing the return of tax for such taxable year. ``(5) Individual.--For purposes of this section, the term `individual' shall not include an estate or trust. ``(6) Deduction not allowed for self-employment tax.--The deduction allowable by reason of subsection (a) shall not be taken into account in determining an individual's net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2. ``(g) Reports.--The trustee of a Small Business Protection 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 such regulations.''. (b) Tax on Excess Contributions.-- (1) Subsection (a) of section 4973 of such Code (relating to tax on excess contributions to certain tax-favored accounts and annuities) 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: ``(4) a Small Business Protection Account (within the meaning of section 468C(d)), or''. (2) Section 4973 of such Code is amended by adding at the end the following: ``(g) Excess Contributions to Small Business Protection Account.-- For purposes of this section, in the case of a Small Business Protection 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 Small Business Protection Account in a distribution to which section 468C(e)(2)(B) applies shall be treated as an amount not contributed.''. (3) The section heading for section 4973 of such Code is amended to read as follows: ``SEC. 4973. EXCESS CONTRIBUTIONS TO CERTAIN ACCOUNTS, ANNUITIES, ETC.''. (4) The table of sections for chapter 43 of such Code is amended by striking the item relating to section 4973 and inserting the following: ``Sec. 4973. Excess contributions to certain accounts, annuities, etc.''. (c) Tax on Prohibited Transactions.-- (1) Subsection (c) of section 4975 of such Code (relating to tax on prohibited transactions) is amended by adding at the end the following: ``(6) Special rule for Small Business Protection Account.-- A person for whose benefit a Small Business Protection 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 Small Business Protection 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: ``(E) a Small Business Protection Account described in section 468C(d),''. (d) Failure To Provide Reports on Small Business Protection 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: ``(C) section 468C(g) (relating to Small Business Protection Accounts),''. (e) 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: ``Sec. 468C. Small Business Protection Accounts.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (g) Report.--Not later than 1 year after the date of the enactment of this Act, the Administrator of the Small Business Administration shall submit a report on the implementation and effectiveness of section 468C of the Internal Revenue Code of 1986 (as added by this section), with emphasis on the impact of Small Business Protection Accounts in enterprise and similar zones, to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate. SEC. 5. ADMINISTRATIVE AUTHORITY. The Administrator of the Small Business Administration shall designate the Small Business Development Center Program as the lead agency for assisting small businesses in establishing and operating Small Business Protection Accounts. The Internal Revenue Service shall provide such assistance to the Small Business Administration as necessary for the purposes of this section.

Small Business Protection Act of 2003 - Amends the Internal Revenue Code to allow a deduction, of up to 50 percent of net profit, for contributions to a Small Business Protection Account.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Television Improvement Act of 1997''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Television is seen and heard in nearly every American home and is a uniquely pervasive presence in the daily lives of Americans. The average American home has 2.5 televisions, and a television is turned on in the average American home 7 hours every day. (2) Television plays a particularly significant role in the lives of children. Recent figures provided by Nielsen Research show that children between the ages of 2 years and 11 years spend an average of 21 hours in front of a television each week. (3) Television has an enormous capability to influence perceptions, especially those of children, of the values and behaviors that are common and acceptable in society. (4) The influence of television is so great that its images and messages often can be harmful to the development of children. Social science research amply documents a strong correlation between the exposure of children to televised violence and a number of behavioral and psychological problems. (5) Hundreds of studies have proven conclusively that children who are consistently exposed to violence on television have a higher tendency to exhibit violent and aggressive behavior, both as children and later in life. (6) Such studies also show that repeated exposure to violent programming causes children to become desensitized to and more accepting of real-life violence and to grow more fearful and less trusting of their surroundings. (7) A growing body of social science research indicates that sexual content on television can also have a significant influence on the attitudes and behaviors of young viewers. This research suggests that heavy exposure to programming with strong sexual content contributes to the early commencement of sexual activity among teenagers. (8) Members of the National Association of Broadcasters (NAB) adhered for many years to a comprehensive code of conduct that was based on an understanding of the influence exerted by television and on a widely held sense of responsibility for using that influence carefully. (9) This code of conduct, the Television Code of the National Association of Broadcasters, articulated this sense of responsibility as follows: (A) ``In selecting program subjects and themes, great care must be exercised to be sure that the treatment and presentation are made in good faith and not for the purpose of sensationalism or to shock or exploit the audience or appeal to prurient interests or morbid curiosity. (B) ``Broadcasters have a special responsibility toward children. Programs designed primarily for children should take into account the range of interests and needs of children, from instructional and cultural material to a wide variety of entertainment material. In their totality, programs should contribute to the sound, balanced development of children to help them achieve a sense of the world at large and informed adjustments to their society. (C) ``Violence, physical or psychological, may only be projected in responsibly handled contexts, not used exploitatively. Programs involving violence present the consequences of it to its victims and perpetrators. Presentation of the details of violence should avoid the excessive, the gratuitous and the instructional. (D) ``The presentation of marriage, family, and similarly important human relationships, and material with sexual connotations, shall not be treated exploitatively or irresponsibly, but with sensitivity. (E) ``Above and beyond the requirements of the law, broadcasters must consider the family atmosphere in which many of their programs are viewed. There shall be no graphic portrayal of sexual acts by sight or sound. The portrayal of implied sexual acts must be essential to the plot and presented in a responsible and tasteful manner.''. (10) The NAB abandoned the code of conduct in 1983 after three provisions of the code restricting the sale of advertising were challenged by the Department of Justice on antitrust grounds and a Federal district court issued a summary judgment against the NAB regarding one of the provisions on those grounds. However, none of the programming standards of the code were challenged. (11) While the code of conduct was in effect, its programming standards were never found to have violated any antitrust law. (12) Since the NAB abandoned the code of conduct, programming standards on broadcast and cable television have deteriorated dramatically. Lurid and sensational talk shows are aired regularly throughout the day and profanities have become commonplace during the early hours of prime time, when millions of young children are watching. (13) In the absence of effective programming standards, public concern about the impact of television on children, and on society as a whole, has risen substantially. Polls routinely show that more than 80 percent of Americans are worried by the increasingly graphic nature of sex, violence, and vulgarity on television and by the amount of programming that openly sanctions or glorifies criminal, antisocial, and degrading behavior. (14) At the urging of Congress, the television industry has taken some steps to respond to public concerns about programming standards and content. The broadcast television industry agreed in 1992 to adopt a set of voluntary guidelines designed to ``proscribe gratuitous or excessive portrayals of violence''. Shortly thereafter, both the broadcast and cable television industries agreed to conduct independent studies of the violent content in their programming and make those reports public. (15) In 1996, the television industry as a whole made a commitment to develop a comprehensive rating system to label programming that may be harmful or inappropriate for children. That system was implemented at the beginning of this year. (16) Despite these recent efforts to respond to public concern about the impact of television on children, millions of Americans, especially parents with young children, remain angry and frustrated at the sinking standards of television programming, the reluctance of the industry to police itself, and the harmful influence of television on the well-being of the children and the values of the United States. (17) The Department of Justice issued a ruling in 1993 indicating that additional efforts by the television industry to develop and implement voluntary programming guidelines would not violate the antitrust laws. The ruling states that ``such activities may be likened to traditional standard setting efforts that do not necessarily restrain competition and may have significant procompetitive benefits. . . . Such guidelines could serve to disseminate valuable information on program content to both advertisers and television viewers. Accurate information can enhance the demand for, and increase the output of, an industry's products or services.''. (18) The Children's Television Act of 1990 (Public Law 101- 437) states that television broadcasters in the United States have a clear obligation to meet the educational and informational needs of children. (19) Several independent analyses have demonstrated that the television broadcasters in the United States have not fulfilled their obligations under the Children's Television Act of 1990 and have not noticeably expanded the amount of educational and informational programming directed at young viewers since the enactment of that Act. SEC. 3. PURPOSE. (a) Purpose.--The purpose of this Act is to permit the broadcast and cable television industry-- (1) to work collaboratively to respond to growing public concern about the current content of television programming and the harmful influence of such programming on children; (2) to develop a set of voluntary programming guidelines similar to those contained in the Television Code of the National Association of Broadcasters; and (3) to implement the guidelines in a manner that alleviates the negative impact of television programming on the development of children in the United States and stimulates the development and broadcast of educational and informational programming for such children. (b) Construction.--This Act may not be construed as-- (1) providing the Federal Government with any authority to restrict the content of television programming that is in addition to the authority to restrict such programming under law as of the date of enactment of this Act; or (2) approving any action of the Federal Government to restrict the content of such programming that is in addition to any actions undertaken for that purpose by the Federal Government under law as of such date. SEC. 4. EXEMPTION OF VOLUNTARY AGREEMENTS ON GUIDELINES FOR TELECAST MATERIAL FROM APPLICABILITY OF ANTITRUST LAWS. (a) Exemption.--Subject to subsection (b), the antitrust laws shall not apply to any joint discussion, consideration, review, action, or agreement by or among persons in the television industry for the purpose of developing and disseminating voluntary guidelines designed-- (1) to alleviate the negative impact of telecast material such as, but not limited to, violence, sexual content, criminal behavior, or profane language; or (2) to promote telecast material that is educational, informational, or otherwise beneficial to the development of children. (b) Limitation.--The exemption provided in subsection (a) shall not apply to any joint discussion, consideration, review, action, or agreement which-- (1) results in a boycott of any person; or (2) concerns the purchase or sale of advertising, including (without limitation) restrictions on the number of products that may be advertised in a commercial, the number of times a program may be interrupted for commercials, and the number of consecutive commercials permitted within each interruption. (c) Definitions.--In this section: (1) Antitrust laws.--The term ``antitrust laws'' has the meaning given such term in the first section of the Clayton Act (15 U.S.C. 12) and includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (2) Person in the television industry.--The term ``person in the television industry'' means a television network, any entity which produces programming for television distribution (including theatrical motion pictures), the National Cable Television Association, the Association of Independent Television Stations, Inc., the National Association of Broadcasters, the Motion Picture Association of America, and each of the affiliate organizations of the television networks, and includes any individual acting on behalf of such person. (3) Telecast.--The term ``telecast'' means any program broadcast by a television broadcast station or transmitted by a cable television system.

Television Improvement Act of 1997 - Exempts from Federal antitrust laws any discussions, reviews, or agreements (action) entered into among persons in the television industry to develop and disseminate voluntary guidelines governing television broadcast material. Makes such exemption inapplicable to action which: (1) results in a boycott of any person; or (2) concerns the purchase or sale of advertising.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Jobs Tax Credit Act of 2010''. SEC. 2. REFUNDABLE CREDIT FOR INCREASING EMPLOYMENT. (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 inserting after section 36A the following new section: ``SEC. 36B. CREDIT FOR INCREASING EMPLOYMENT. ``(a) In General.--In the case of an eligible employer, there shall be allowed as a credit against the tax imposed by this subtitle-- ``(1) for any taxable year beginning in 2010, an amount equal to 15 percent of the excess (if any) of-- ``(A) the aggregate wages paid during 2010, over ``(B) the inflation-adjusted wages paid during 2009, and ``(2) for any taxable year beginning in 2011, an amount equal to 10 percent of the excess (if any) of-- ``(A) the aggregate wages paid during 2011, over ``(B) the inflation-adjusted wages paid during 2010. ``(b) Eligible Employer.--For purposes of this section, the term `eligible employer' means any employer which conducts an active trade or business in an area other than-- ``(1) a city or town with a population of more than 50,000 inhabitants (based on the most recent available census data), or ``(2) any urbanized area contiguous and adjacent to such a city or town. ``(c) Quarterly Advance Payments of Credit.-- ``(1) In general.--The Secretary shall pay (without interest) to each employer for each calendar quarter an amount equal to the credit percentage of the excess (if any) of-- ``(A) the aggregate wages paid by the employer during such quarter, over ``(B) the inflation-adjusted wages paid by the employer during the comparable quarter of the preceding calendar year. ``(2) Credit percentage.--For purposes of paragraph (1), the credit percentage is-- ``(A) 15 percent in the case of the calendar quarters of 2010, and ``(B) 10 percent in the case of the calendar quarters of 2011. ``(3) Reconciliation.-- ``(A) In general.--If there is a payment under paragraph (1) for 1 or more calendar quarters ending with or within a taxable year, then the tax imposed by this chapter for such taxable year shall be increased by the aggregate amount of such payments. ``(B) Reconciliation.--Any increase in tax under subparagraph (A) shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit (other than the credit under subsection (a)) allowable under this part. ``(4) Time for filing claim.--No claim shall be allowed under this subsection with respect to any calendar quarter unless filed on or before the earlier of-- ``(A) the last day of the succeeding quarter, or ``(B) the time prescribed by law for filing the return of tax imposed by this chapter for the taxable year in which or with which such quarter ends. ``(5) Interest.--Notwithstanding paragraph (1), if the Secretary has not paid pursuant to a claim filed under this subsection within 45 days of the date of the filing of such claim (20 days in the case of an electronic claim), the claim shall be paid with interest from such date determined by using the overpayment rate and method under section 6621. ``(d) Total Wages Must Increase.--The amount of credit allowed under this section for any taxable year shall not exceed the amount which would be so allowed for such year if-- ``(1) the aggregate amounts taken into account as wages were determined without any dollar limitation, and ``(2) 103 percent of the amount of wages otherwise required to be taken into account under subsection (a)(1)(B) or subsection (a)(2)(B), as the case may be, were taken into account. ``(e) Inflation-Adjusted Wages; Wages.--For purposes of this section-- ``(1) Inflation-adjusted wages.-- ``(A) In general.--The term `inflation-adjusted wages' means, for any period-- ``(i) the aggregate wages paid by the employer during such period, increased by ``(ii) an amount equal to the inflation percentage of such wages. ``(B) Inflation percentage.--The inflation percentage is-- ``(i) 3 percent for purposes of determining inflation-adjusted wages for periods during 2009, and ``(ii) 5 percent for purposes of determining inflation-adjusted wages for periods during 2010. ``(2) Wages.-- ``(A) In general.--Except as provided in subparagraph (B), the term `wages' means, with respect to any calendar year, so much of wages (as defined in section 3121(a)) as does not exceed the median household income in the United States for the preceding calendar year. ``(B) Railway labor.--In the case of remuneration subject to the tax imposed by 3201(a), the term `wages' means, with respect to any calendar year, so much of compensation (as defined in section 3231(e)) as does not exceed the median household income in the United States for the preceding calendar year. ``(f) Special Rules.-- ``(1) Adjustments for certain acquisitions, etc.-- ``(A) Acquisitions.--If, after December 31, 2008, an employer acquires the major portion of a trade or business of another person (hereinafter in this subparagraph referred to as the `predecessor') or the major portion of a separate unit of a trade or business of a predecessor, then, for purposes of applying this section for any calendar year ending after such acquisition, the amount of wages deemed paid by the employer during periods before such acquisition shall be increased by so much of such wages paid by the predecessor with respect to the acquired trade or business as is attributable to the portion of such trade or business acquired by the employer. ``(B) Dispositions.--If, after December 31, 2008-- ``(i) an employer disposes of the major portion of any trade or business of the employer or the major portion of a separate unit of a trade or business of the employer in a transaction to which subparagraph (A) applies, and ``(ii) the employer furnishes the acquiring person such information as is necessary for the application of subparagraph (A), then, for purposes of applying this section for any calendar year ending after such disposition, the amount of wages deemed paid by the employer during periods before such disposition shall be decreased by so much of such wages as is attributable to such trade or business or separate unit. ``(2) Change in status from self-employed to employee.-- If-- ``(A) during 2009 or 2010 an individual has net earnings from self-employment (as defined in section 1402(a)) which are attributable a trade or business, and ``(B) for any portion of the succeeding calendar year such individual is an employee of such trade or business, then, for purposes of determining the credit allowable for a taxable year beginning in such succeeding calendar year, the employer's aggregate wages for 2009 or 2010, as the case may be, shall be increased by an amount equal to so much of the net earnings referred to in subparagraph (A) as does not exceed the median household income in the United States for 2009 or 2010, as the case may be. ``(3) Certain other rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 51(f) (relating to remuneration must be for trade or business employment). ``(B) Section 51(k) (relating to treatment of successor employers; treatment of employees performing services for other persons). ``(C) Section 52 (relating to special rules). ``(4) Short taxable years.--If the employer has more than 1 taxable year beginning in 2010 or 2011, the credit under this section shall be determined for the employer's last taxable year beginning in 2010 or 2011, as the case may be. ``(g) Tax-Exempt Employers Treated as Taxpayers.--Solely for purposes of this section and section 6402, employers exempt from tax under section 501(a) shall be treated as taxpayers.''. (b) Denial of Double Benefit.--Subsection (a) of section 280C of such Code is amended by inserting ``36B(a),'' before ``45A(a)''. (c) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``36B,'' after ``36A,''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 36A the following new item: ``Sec. 36B. Credit for increasing employment.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. (e) Notice of Availability of Credit.--The Secretary of the Treasury shall work with the State Employment Security Agencies to inform businesses of the availability of section 36B of the Internal Revenue Code of 1986 (as added by this Act).

Rural Jobs Tax Credit Act of 2010 - Amends the Internal Revenue Code to allow eligible employers, including tax-exempt employers, a refundable tax credit for increases in wages paid during 2010 and 2011. Defines an "eligible employer" as any employer that conducts an active trade or business in an area other than: (1) a city or town of more than 50,000 inhabitants; or (2) any urbanized area contiguous and adjacent to such a city or town. Directs the Secretary of the Treasury to work with state employment agencies to inform businesses of the availability of the tax credit allowed by this Act.

SECTION 1. FINDINGS. The Congress finds the following: (1) California's rapid population growth and the lack of understanding about the environmental impacts of this growth have caused a number of serious present and potential barriers to future economic development of California. (2) California has great environmental complexity and diversity and a great variety of human interventions in its ecosystem. (3) Future environmental policies for California must be informed by careful cost-benefit analysis that considers the serious risks, and the benefits, of environmental policy. (4) The California Urban Environmental Research and Education Center promotes coordination of and collaboration on environmentally sound economic development in California and ensures that continued sustainable economic development can occur. (5) Due to the closing of many military facilities and installations in California, such Center can provide important assistance to the process of converting defense resources to non-defense uses. (6) The Center is in a position to develop model incentives and remove market barriers so as to motivate greater private sector involvement and investment in the solution of environmental problems. SEC. 2. CENTER. (a) Support.--The Administrator of the Environmental Protection Agency shall continue to support the development and expansion of the California Urban Environmental Research and Education Center. (b) Cooperative Agreement.-- (1) Authority.--If the California State University, Hayward consents and provides the matching funds required by paragraph (2), the Administrator shall enter into a series of cooperative agreements with the California State University, Hayward to provide continuing support for the Center. The California State University, Hayward shall work in close cooperation with the other universities of the California State University system (including the California State Universities at Sacramento, San Jose, San Francisco, and Sonoma) in the research and policy analysis performed under any such cooperative agreement. (2) Matching funds.--In any cooperative agreement described in paragraph (1), the California State University, Hayward, shall guarantee matching funds or in-kind resources equal to 20 percent of the funds received by the Center from the Administrator. The Center and the California State University, Hayward shall, to the maximum extent practicable, solicit additional funds or in-kind contributions from State, local, and private sector sources to increase the ability of the Center to conduct applied research and education projects under this Act. (3) Membership.--A university in the California State University system or a university in California which is not a university in the California State University system may become a member of the Center under such guidelines and conditions as are reasonable and mutually agreeable to the Center and the university. (c) Governing Board.-- (1) Initial appointments.--For the two-year period beginning on the date of the establishment of the Center, the Center shall have a Governing Board composed of the following: (A) The Executive Director of the Center. (B) One member appointed by the President of the California State University, Hayward. (C) One member appointed by the President of the California State University, Sacramento. (D) One member appointed by the President of the California State University, San Jose. (E) One member appointed by the President of the California State University, San Francisco. (F) One member appointed by the President of the California State University, Sonoma. (2) Subsequent appointments.--After the two-year period referred to in paragraph (1), the composition of the Governing Board shall be determined by the sitting members of the Governing Board, in consultation with the Presidents of each university of the California State University system, except as provided in subsection (d)(1). (3) Chair.--The Executive Director shall serve as chair of the Governing Board for the first five years after the establishment of the Center. Subsequently, the Governing Board shall elect a chair from among its members. (4) Duties.--It shall be the duty of the Governing Board-- (A) to establish criteria for membership in the Center; (B) to establish criteria and requirements for the contribution of matching funds or in kind contributions by member universities and those applying for membership in the Center; (C) to establish guidelines for fair representation on the Governing Board of universities that are not universities of the California State University system; (D) to establish how scholarships, fellowships, and grants will be awarded by the Center; (E) to advise the Executive Director of the Center on matters pertaining to the management of the Center's internal projects and administration, with respect to the management of grants; and (F) to perform such other duties, with respect to the management of grants, as the Governing Board considers necessary to carry out the functions of the Center under this Act. (d) Executive Director; Staff.-- (1) Executive director.--The Center shall have an Executive Director who shall be appointed for a five-year term. The President of the California State University, Hayward shall make the initial appointment of an Executive Director for a five-year term beginning on the date of the establishment of the Center, and shall make an appointment for the second five- year term. The Governing Board shall appoint each Executive Director appointed after the initial two appointments. (2) Budget.--The Executive Director shall annually submit to the Governing Board a budget which includes projected staff requirements and other projected expenses. The Governing Board shall review and advise on the budget each year. (e) Principal Office.--(1) The principal office of the Center shall be located in northern California. (2) Before the end of the two-year period beginning on the date of the establishment of the Center, the Governing Board shall consider the establishment of a second office and conference facility to be located in southern California, convenient to member universities. SEC. 3. FUNCTIONS. (a) In General.--The overall objective of the Center shall be to promote and foster sustainable economic development throughout the State of California, using the resources and skills of its universities and colleges whenever possible. The Center shall achieve such objective by engaging in the following functions: (1) To develop an ongoing program of applied environmental research, education, and outreach that can be used by the Federal Government, State and local governments, and the private sector to ensure that future government policies to encourage economic development in California are grounded on sound, sustainable environmental and economic principles. (2) To foster public-private partnerships to find solutions to the environmental problems of California and ways of removing market barriers to private sector development. (3) To bring together researchers from the member universities and colleges of the Center to focus on the most important environmental problems of California related to sustainable economic development, with the aim of analysis and synthesis of policy implications and dissemination of policy oriented research findings to managers in the public and private sectors. (4) To support the following activities: (A) The coordination and funding of research activities of universities for collaborative collection and evaluation of data on California's geology, hydrology, soils, biology, weather and climate, natural hazards, demography, infrastructure, resource use, land-use patterns, land-ownership patterns, business development, environmental equity, and regulatory zones. (B) The analysis of public policy implications of economic development programs that affect the ecology of California. (C) The conduct of seminars and other educational programs for policy makers in the Federal Government, State and local governments, and the private sector on the implications of the findings and conclusions derived from the Center's activities. The Center shall use electronic technology, such as computer networks and video conferencing, to convey the cumulative findings and conclusions derived from the Center's activities and to foster an exchange of ideas. (D) The conduct, not more than once each year, of a national conference on ecology and sustainable economic development for business and labor leaders to foster an exchange of ideas and information. (E) The provision of ready access to the Center's collective expertise for policy makers in the Federal Government and State and local governments, and for representatives of private- and public-sector organizations, through meetings, publications, special reports, video, electronic mail, computer networks, and other means to share up-to-date information on research findings and policy development for sustainable economic development. (F) The minimization of duplication and waste in applied research and demonstration programs within the areas of the Center's expertise. (G) The development of educational programs, curricula, and instructional materials for colleges, universities, and other educational institutions to impart the knowledge and skills required to implement environmentally sustainable economic development, for the purpose of equipping students for jobs in the public and private sectors. (H) The development of bachelors and masters degree programs for individuals who have lost or may lose employment as a result of cutbacks in defense spending to prepare such individuals for employment as environmental professionals, and the development of certification programs in environmental sciences and studies for such individuals. (I) The preparation of minority students for environmental professions, including the development of an enriched curriculum in the environmental sciences at the baccalaureate and post-graduate levels for underrepresented minority students to prepare such students for careers in various environmental areas, such as environmental health and the clean-up of military installations and facilities. (J) The development and administration of a repository of information on key environmental and related economic development issues that can be readily accessed by private- and public-sector entities, including imposition, if necessary, of a fee for users of the repository to cover the cost of its operation. (5) To work closely with other university research centers for which funds have been provided by the Environmental Protection Agency to help establish a National Environmental Outreach Program to assist the Federal Government, State and local governments, and the private sector in programs and projects designed to promote environmentally sound economic development. (6) To work closely with Federally-funded research centers, such as the Lawrence-Livermore National Research Laboratory, to foster the transfer and application of environmental technology to the private sector. (7) To help incubate or expand small, environmentally related businesses where market barriers exist to such incubation or expansion. (8) To assist small businesses in meeting environmental regulations by providing short courses and conferences and to develop methods and models by which small businesses may finance ``green'' investment where private-sector funds are otherwise not generally available. (9) To work closely, as requested, with public-sector officials, private-sector businesses, and individuals seeking alternative uses for military installations and facilities that have been or are about to be closed to assist in planning the environmental aspects of the conversion and clean-up of the installations and facilities, and to help with the economic development aspects of the closing of the installations and facilities. (10) During its first year, to develop a plan, in conjunction with other universities to extend the activities of the Center throughout the State within 3 years. The plan shall pay particular attention to the need for environmentally sound conversion and economic use of military installations and facilities throughout the State. (b) Scholarships, Fellowships, and Grants.-- (1) Scholarships.--The Center may provide for the award of undergraduate scholarships for individuals studying in environmental fields at universities that are members of the Center. Individuals who have lost or may lose employment as a result of the closing of a military installation or facility in the State of California shall have preference over other individuals in the award of scholarships under this paragraph. (2) Fellowships.--The Center may provide for the award of graduate assistantships and fellowships at the Center to encourage study in fields related to sustainable economic development. Preference shall be given to those who have been or are about to be laid off as a result of military base closings in California. (3) Research grants.--The Center may award research grants to faculty at universities and colleges, both public and private, to encourage research critical to the achievement of the functions described in subsection (a). SEC. 4. REPORT. The Center shall annually submit to the Administrator a report on the activities of the Center and on any changing budget needs. The Center shall include in the first report submitted under this subsection a statement of any additional funds that may be required to extend the activities of the Center throughout the State. SEC. 5. GIFTS AND DONATIONS. The Center may receive funds and other property donated, bequeathed, or devised to the Center with or without a condition of restriction, for the purpose of furthering the activities of the Center. All funds donated, bequeathed, or devised to the Center shall be retained in a separate account. Each annual report submitted pursuant to section 4 shall include an accounting of the funds and property donated, bequeathed, or devised to the Center during the year covered by the annual report. SEC. 6. DEFINITIONS. For purposes of this Act: (1) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) The term ``Center'' means the California Urban Environmental Research and Education Center established pursuant to section 2. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Administrator for provision to the Center to carry out this Act $4,500,000 for fiscal year 1998 and such sums as may be necessary for each of fiscal years 1999 through 2002. (b) Availability.--Funds appropriated pursuant to the authority of subsection (a) shall remain available until expended. (c) Matching Funds.--In addition to amounts provided as described in section 2(b)(2), the Center shall make a good faith effort to match the amount of funds appropriated pursuant to this section with funding from State and local governments and the private sector.

Directs the Administrator of the Environmental Protection Agency to enter into a series of cooperative agreements with the California State University, Hayward, to provide continuing support for the California Urban Environmental Research and Education Center if the University consents and provides matching funds or in-kind resources equal to 20 percent of funds provided by the Administrator. States requirements regarding university membership in the Center, the Governing Board, and the Center's principal office. Declares the overall objective of the Center to be to promote sustainable economic development throughout California by engaging in specified functions, including: (1) developing an ongoing program of applied environmental research, education, and outreach; (2) fostering public-private partnerships to find solutions to environmental problems of California; (3) bringing together university and college researchers to focus on California's most important environmental problems; (4) supporting specified activities related to data evaluation, economic development analysis, the development and conduct of educational programs and conferences, providing ready access to the Center's expertise, the minimization of duplication and waste in research and demonstration programs, and the development and administration of an environmental and economic development information repository; (5) working closely with EPA- and other federally-funded research centers; (6) assisting environmentally-related and other small businesses; and (7) assisting in military base conversion. Authorizes the Center to provide undergraduate scholarships for individuals studying in environmental fields, assistantships and fellowships for graduate students to encourage study in fields related to sustainable economic development, and research grants to college and university faculty. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Ape Protection Act of 2009''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Great apes are highly intelligent and social animals and research laboratory environments involving invasive research cannot meet their complex social and psychological needs. (2) Invasive research performed on great apes, and the breeding of great apes for these purposes, are economic in nature and substantially affect interstate commerce. (3) The majority of invasive research and testing conducted on great apes in the United States is for the end purpose of developing drugs, pharmaceuticals, and other products to be sold in the interstate market. (4) The total costs associated with great ape research have a direct economic impact on interstate commerce. (5) An overwhelming majority of invasive research procedures performed on great apes involves some element of interstate commerce, such that great apes, equipment, and researchers have traveled across State lines. (6) The regulation of animals and activities as provided in this Act are necessary to effectively regulate interstate and foreign commerce. (7) The National Research Council report entitled ``Chimpanzees in Research--Strategies for their Ethical Care, Management, and Use'' concluded that-- (A) there is a ``moral responsibility'' for the long-term care of chimpanzees used for scientific research; (B) there should be a moratorium on further chimpanzee breeding; (C) euthanasia should not be used as a means to control the size of the great ape population; and (D) sanctuaries should be created to house chimpanzees in a manner consistent with high standards of lifetime care, social enrichment, and cognitive development. (b) Purposes.--The purposes of this Act are to-- (1) prohibit invasive research on great apes and the use of Federal funding of such research, both within and outside of the United States; (2) prohibit the transport of great apes for purposes of invasive research; (3) prohibit the breeding of great apes for purposes of invasive research; and (4) require the provision of lifetime care of great apes that are owned by or under the control of the Federal Government in a suitable sanctuary through the permanent retirement of such apes. SEC. 3. DEFINITIONS. For purposes of this Act, the following terms apply: (1) Great ape.--The term ``great ape'' includes a chimpanzee, bonobo, gorilla, orangutan, or gibbon. (2) Invasive research.-- (A) The term ``invasive research'' means any research that may cause death, bodily injury, pain, distress, fear, injury, or trauma to a great ape, including-- (i) the testing of any drug or intentional exposure to a substance that may be detrimental to the health or psychological well-being of a great ape; (ii) research that involves penetrating or cutting the body or removing body parts, restraining, tranquilizing, or anesthetizing a great ape; or (iii) isolation, social deprivation, or other experimental physical manipulations that may be detrimental to the health or psychological well-being of a great ape. (B) Such term does not include-- (i) close observation of natural or voluntary behavior of a great ape, provided that the research does not require an anesthetic or sedation event to collect data or record observations; (ii) the temporary separation of a great ape from its social group, leaving and returning, by its own volition; (iii) post-mortem examination of a great ape that was not killed for the purpose of examination or research; and (iv) the administration of an annual or other necessary physical exam by a licensed veterinarian for the individual great ape's well-being, that may include collection of blood, hair, or tissue samples conducted for the well-being of that great ape, the ape's social group, or the species. (3) Permanent retirement.-- (A) The term ``permanent retirement'' means that a great ape is placed in a suitable sanctuary that will provide for the lifetime care of the great ape and such great ape will not be used in further invasive research. (B) Such term does not include euthanasia. (4) Person.--The term ``person'' means-- (A) an individual, corporation, partnership, trust, association, or any other private or not-for-profit entity; (B) any officer, employee, agent, department, or instrumentality of the Federal Government, a State, municipality, or political subdivision of a State; or (C) any other entity subject to the jurisdiction of the United States. (5) Suitable sanctuary.--The term ``suitable sanctuary'' means-- (A) a sanctuary system under section 481C of the Public Health Service Act (42 U.S.C. 287a-3a); or (B) a comparable privately funded sanctuary approved by the Secretary of Health and Human Services. SEC. 4. PROHIBITIONS. (a) Invasive Research Prohibition.--No person shall conduct invasive research on a great ape. (b) Prohibition on Related Activities.--No person shall knowingly breed, possess, rent, loan, donate, purchase, sell, house, maintain, lease, borrow, transport, move, deliver, or receive a great ape for the purpose of conducting invasive research on such great ape. (c) Prohibition on Federal Funding for Invasive Research.--No Federal funds may be used to conduct invasive research on a great ape both within and outside the United States. (d) Exemption.--Nothing in this Act shall be construed to limit or prevent individualized medical care performed on a great ape by a licensed veterinarian for the well-being of the great ape, including surgical procedures or chemical treatments for birth control. SEC. 5. RETIREMENT. The Secretary of Health and Human Services or any other appropriate Federal authority shall provide for the permanent retirement of all great apes owned or under the control of the Federal Government that are being maintained in any facility for the purpose of breeding for, holding for, or conducting invasive research. SEC. 6. CIVIL PENALTIES. In addition to any other penalties that may apply under law, whoever violates any provision of this Act shall be assessed a civil penalty of not more than $10,000 for each such violation. Each day that such violation continues shall constitute a separate offense. SEC. 7. SEVERABILITY. In the event that any one of the provisions in this Act shall, for any reason, be held to be invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provisions of this Act, and this Act shall be construed as if such invalid or unenforceable provisions had never been included in this Act. SEC. 8. EFFECTIVE DATES. (a) Prohibition of Research and Funding.--The prohibitions under subsections (a) and (c) of section (4) shall take effect not later than 3 years after the date of the enactment of this Act. (b) Other Requirements.--All other requirements and prohibitions in this Act shall take effect on the date of the enactment of this Act.

Great Ape Protection Act of 2009 - Prohibits: (1) conducting invasive research on great apes; (2) knowingly breeding, possessing, renting, loaning, donating, purchasing, selling, housing, maintaining, leasing, borrowing, transporting, moving, delivering, or receiving a great ape for the purpose of conducting such research; or (3) using federal funds to conduct such research. Defines "invasive research" as research that may cause death, bodily injury, pain, distress, fear, injury, or trauma to great apes, including drug testing or exposure to a substance that may be detrimental to the ape's health or psychological well-being. Requires the Secretary of Health and Human Services (HHS) and other appropriate federal authorities to provide for the permanent retirement of all great apes that are owned or under the control of the federal government and that are being maintained in any facility for the purpose of breeding for, holding for, or conducting invasive research. Sets forth civil penalties for violations of this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community College Partnership Act of 2003''. SEC. 2. COMMUNITY COLLEGE OPPORTUNITY; COLLEGE PREPARATION PROGRAMS AUTHORIZED. Subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a-11) is amended-- (1) by redesignating section 407E as section 406E; and (2) by adding at the end the following: ``CHAPTER 4--COMMUNITY COLLEGE OPPORTUNITY ``SEC. 407A. PURPOSE. ``It is the purpose of this chapter to enhance-- ``(1) retention of students at community or technical colleges; ``(2) opportunities of students to transfer to 4-year institutions of higher education and complete baccalaureate degrees; and ``(3) preparation of students for high-quality and high- demand emerging and established occupations. ``SEC. 407B. ACTIVITIES. ``(a) Definitions.--In this chapter: ``(1) Community or technical college.--The term `community or technical college' means an institution of higher education-- ``(A) that admits as regular students, individuals who are beyond the age of compulsory school attendance in the State in which the institution is located and who have the ability to benefit from the training offered by the institution; ``(B) that predominately does not provide an educational program for which it awards a baccalaureate degree (or an equivalent degree); ``(C) that-- ``(i) provides an educational program of not less than 2 years that is acceptable for full credit toward a baccalaureate degree; or ``(ii) offers a 2-year program in engineering, mathematics, or the physical or biological sciences, designed to prepare a student to work as a technician or at the semiprofessional level in engineering, scientific, or other technological fields requiring the understanding and application of basic engineering, scientific, or mathematical principles of knowledge; and ``(D) that is accredited by a regional accrediting agency or association recognized by the Secretary under section 496. ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) a statewide governance or coordinating board with jurisdiction over community or technical colleges and institutions of higher education that offer a baccalaureate or postbaccalaureate degree; ``(B) a partnership between a statewide governance or coordinating board with jurisdiction over community or technical colleges and a statewide governance or coordinating board with jurisdiction over institutions of higher education that offer a baccalaureate or postbaccalaureate degree; or ``(C) a partnership between-- ``(i) 1 or more community or technical colleges; and ``(ii) 1 or more institutions of higher education that offer a baccalaureate or postbaccalaureate degree not awarded by the institutions described in clause (i) with which it is partnered. ``(b) Grants Authorized.--From the amounts appropriated under section 407C, the Secretary shall award not less than 6 and not more than 12 grants to eligible entities. ``(c) Applications.--Any eligible entity that desires to obtain a grant under this chapter shall submit to the Secretary an application at such time, in such manner, and containing such information or assurances as the Secretary may require. ``(d) Awarding of Grants.-- ``(1) Criteria.--The Secretary shall establish criteria for awarding grants under this chapter. ``(2) Priority.--In awarding grants under this chapter, the Secretary shall give priority to eligible entities that demonstrate the capacity to identify and address systemic problems related to college retention and the transfer of community or technical college students to institutions of higher education that offer a baccalaureate or postbaccalaureate degree. ``(e) Duration.--Grants under this chapter shall be for a period of 5 or 6 years in duration, which period of time shall include a planning and implementation phase. ``(f) Use of Funds.--Grants awarded under this chapter shall be used for-- ``(1) the development of policies to expand opportunities for community or technical college students to earn baccalaureate degrees, including promoting the transfer of academic credits between institutions and expanding articulation and guaranteed transfer agreements; ``(2) support services to students participating in the program, such as tutoring, mentoring, and academic and personal counseling, as well as any service that facilitates the transition of students from a community or technical college to an institution of higher education; ``(3) academic program enhancements at a community or technical college that result in increasing the quality of the program offered, the connection to high-quality and high-demand emerging and established occupations, and the number of student participants in a dual degree program offered in conjunction with an institution of higher education that offers a baccalaureate or postbaccalaureate degree; and ``(4) programs to identify barriers that inhibit student transfers. ``(g) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out this chapter. ``SEC. 407C. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this chapter $70,000,000 for fiscal year 2004 and such sums as may be necessary for each of the 3 succeeding fiscal years.''.

Community College Partnership Act of 2003 - Amends the Higher Education Act of 1965 to establish a community college opportunity program to help students at community or technical colleges (CTCs) to transfer to four-year institutions of higher education (IHEs) and complete baccalaureate degrees. Directs the Secretary of Education to award not less than six and not more than 12 program grants to eligible entities. Makes eligible for such grants: (1) partnerships that include one or more CTCs that award associate's degrees and one or more IHEs that offer a baccalaureate or postbaccalaureate degree not awarded by the partner colleges; or (2) a statewide governance or coordinating board that has jurisdiction over both CTCs and IHEs, or a partnership of such boards that have separate jurisdiction over such entities. Requires funds from such grants to be used for: (1) development of policies to expand opportunities for community or technical college students to earn baccalaureate degrees, including promoting the transfer of academic credits between institutions and expanding articulation and guaranteed transfer agreements; (2) support services to students participating in the program, including tutoring, mentoring, academic and personal counseling, and transition facilitation; (3) academic program enhancements at the community or technical college that increase program quality and the number of student participants in the dual degree program offered in conjunction with a baccalaureate degree granting institution; and (4) programs to identify barriers that inhibit student transfers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for Adopting Families Act''. SEC. 2. CREDIT FOR ADOPTION EXPENSES. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 22 the following new section: ``SEC. 23. ADOPTION EXPENSES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year the amount of the qualified adoption expenses paid or incurred by the taxpayer during such taxable year. ``(b) Limitations.-- ``(1) Dollar limitation.--The aggregate amount of qualified adoption expenses which may be taken into account under subsection (a) with respect to the adoption of a child shall not exceed $5,000. ``(2) Income limitation.--The amount allowable as a credit under subsection (a) for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable (determined without regard to this paragraph but with regard to paragraph (1)) as-- ``(A) the amount (if any) by which the taxpayer's taxable income exceeds $60,000, bears to ``(B) $40,000. ``(3) Denial of double benefit.-- ``(A) In general.--No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowable under any other provision of this chapter. ``(B) Grants.--No credit shall be allowed under subsection (a) for any expense to the extent that funds for such expense are received under any Federal, State, or local program. ``(C) Reimbursement.--No credit shall be allowed under subsection (a) for any expense to the extent that such expense is reimbursed and the reimbursement is excluded from gross income under section 137. ``(c) Carryforwards of Unused Credit.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. No credit may be carried forward under this subsection to any taxable year following the fifth taxable year after the taxable year in which the credit arose. ``(d) Qualified Adoption Expenses.--For purposes of this section, the term `qualified adoption expenses' means reasonable and necessary adoption fees, court costs, attorney fees, and other expenses which are directly related to the legal and finalized adoption of a child by the taxpayer and which are not incurred in violation of State or Federal law or in carrying out any surrogate parenting arrangement. The term `qualified adoption expenses' shall not include any expenses in connection with the adoption by an individual of a child who is the child of such individual's spouse. ``(e) Married Couples Must File Joint Returns.--Rules similar to the rules of paragraphs (2), (3), and (4) of section 21(e) shall apply for purposes of this section.'' (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 22 the following new item: ``Sec. 23. Adoption expenses.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995. SEC. 3. EXCLUSION OF AMOUNTS RECEIVED UNDER EMPLOYER'S ADOPTION ASSISTANCE PROGRAMS. (a) In General.--Part III of subchapter B of chapter 1 of such Code (relating to items specifically excluded from gross income) is amended by redesignating section 137 as section 138 and by inserting after section 136 the following new section: ``SEC. 137. ADOPTION ASSISTANCE PROGRAMS. ``(a) In General.--Gross income of an employee does not include amounts paid or expenses incurred by the employer for qualified adoption expenses in connection with the adoption of a child by an employee if such amounts are furnished pursuant to an adoption assistance program. ``(b) Limitations.-- ``(1) Dollar limitation.--The aggregate amount excludable from gross income under subsection (a) for all taxable years with respect to the legal adoption of any single child by the taxpayer shall not exceed $5,000. ``(2) Income limitation.--The amount excludable from gross income under subsection (a) for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so excludable (determined without regard to this paragraph but with regard to paragraph (1)) as-- ``(A) the amount (if any) by which the taxpayer's taxable income (determined without regard to this section) exceeds $60,000, bears to ``(B) $40,000. ``(c) Adoption Assistance Program.--For purposes of this section, an adoption assistance program is a plan of an employer-- ``(1) under which the employer provides employees with adoption assistance, and ``(2) which meets requirements similar to the requirements of paragraphs (2), (3), and (5) of section 127(b). An adoption reimbursement program operated under section 1052 of title 10, United States Code (relating to armed forces) or section 514 of title 14, United States Code (relating to members of the Coast Guard) shall be treated as an adoption assistance program for purposes of this section. ``(d) Qualified Adoption Expenses.--For purposes of this section, the term `qualified adoption expenses' has the meaning given such term by section 23(d).''. (b) Clerical Amendment.--The table of sections for such part III is amended by striking the item relating to section 137 and inserting the following: ``Sec. 137. Adoption assistance programs. ``Sec. 138. Cross reference to other Acts.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995.

Fairness for Adopting Families Act - Amends the Internal Revenue Code to allow a credit for adoption expenses. Excludes from gross income amounts paid or expenses incurred by the employer for adoption, if furnished pursuant to an adoption assistance program. Imposes both dollar and income limits on both the credit and the exclusion.

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Frills Prison Act''. SEC. 2. ELIMINATION OF LUXURIOUS PRISON CONDITIONS. (a) States.--Section 20102(a) of the Violent Crime Control and Law Enforcement Act of 1994 is amended-- (1) by inserting ``(A)'' after ``(1)''; (2) by redesignating existing paragraph (2) as subparagraph (B); (3) by redesignating existing subparagraphs (A) through (D) as clauses (i) through (iv) respectively; (4) by redesignating existing clauses (i) and (ii) as subclauses (I) and (II); (5) by striking the period at the end and inserting ``; and''; and (6) by adding at the end the following: ``(2) provides living conditions and opportunities to prisoners within its prisons that are not more luxurious than those conditions and opportunities the average prisoner would have experienced if such prisoner were not incarcerated, and does not provide to any such prisoner-- ``(A)(i) earned good time credits; ``(ii) less than 40 hours a week of work that either offsets or reduces the expenses of keeping the prisoner or provides resources toward restitution of victims; ``(iii) unmonitored phone calls, except when between the prisoner and the prisoner's immediate family or legal counsel; ``(iv) in-cell television viewing; ``(v) the viewing of R, X, or NC-17 rated movies, through whatever medium presented; ``(vi) possession of any pornographic materials; ``(vii) any instruction (live or through broadcasts) or training equipment for boxing, wrestling, judo, karate, or other martial art, or any bodybuilding or weightlifting equipment of any sort; ``(viii) except for use during required work, the use or possession of any electric or electronic musical instrument, or practice on any musical instrument for more than one hour a day; ``(ix) use of personally owned computers or modems; ``(x) possession of in-cell coffee pots, hot plates, or heating elements; ``(xi) any living or work quarters into which the outside view is obstructed; ``(xii) food exceeding in quality or quantity that which is available to enlisted personnel in the United States Army; ``(xiii) dress or hygiene, grooming and appearance other than those allowed as uniform or standard in the prison; or ``(xiv) equipment or facilities at public expense for publishing or broadcasting content not previously approved by prison officials as consistent with prison order and prisoner discipline; and ``(B) in the case of a prisoner who is serving a sentence for a crime of violence which resulted in serious bodily injury to another-- ``(i) housing other than in separate cell blocks intended for violent prisoners and designed to emphasis punishment rather than rehabilitation; ``(ii) less than 9 hours a day of physical labor, with confinement to cell for any refusing to engage in that labor, but a prisoner not physically able to do physical labor may be assigned to alternate labor; ``(iii) any temporary furlough, leave, excursion, or other release from the prison for any purpose, unless the prisoner remains at all times under physical or mechanical restraints, such as handcuffs, and under the constant escort and immediate supervision of a least one armed correctional officer; ``(iv) any viewing of television; ``(v) any inter-prison travel for competitive sports, whether as a participant or spectator; ``(vi) more than one hour a day spent in sports or exercise; or''. ``(vii) possession of personal property exceeding 75 pounds in total weight or that cannot be stowed in a standard size United States military issue duffel bag.''. (b) Federal.-- (1) Generally.--The Attorney General shall by rule establish conditions in the Federal prison system that, as nearly as may be, are the same as those conditions required in State prisons under section 20102(a) of the Violent Crime Control and Law Enforcement Act of 1994 as amended by this section. (2) Conforming Amendment.--Section 3624 of title 18, United States Code, is amended by striking subsection (b).

No Frills Prison Act - Amends the Violent Crime Control and Law Enforcement Act of 1994 to require a State, to be eligible for truth in sentencing incentive grants, to demonstrate that it: (1) provides living conditions and opportunities within its prisons that are not more luxurious than those that the average prisoner would have experienced if not incarcerated; (2) does not provide to any such prisoner specified benefits or privileges, including earned good time credits, less than 40 hours a week of work that either offsets or reduces the expenses of keeping the prisoner or provides resources toward restitution of victims, unmonitored phone calls (with exceptions), in-cell television viewing, possession of pornographic materials, instruction or training equipment for any martial art or bodybuilding or weightlifting equipment, or dress or hygiene other than as is uniform or standard in the prison; and (3) in the case of a prisoner serving a sentence for a crime of violence which resulted in serious bodily injury to another, does not provide housing other than in separate cell blocks intended for violent prisoners, less than nine hours a day of physical labor (with exceptions), any release from the prison for any purpose unless under physical or mechanical restraint and under constant supervision of at least one armed correctional officer, or any viewing of television. Directs the Attorney General to establish conditions in the Federal prison system that are, as nearly as possible, the same as those required in State prisons under this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States China Policy Act of 1994''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The economic, social, political, and cultural welfare of the people of China, who constitute one-fifth of the world's population, is a matter of global humanitarian concern. (2) By virtue of its size, its economic vitality, its status as a nuclear power, and its role as a permanent member of the United Nations Security Council, China plays a significant role in world affairs. (3) The United States policy toward China involves balancing multiple interests, including promoting human rights and democracy, securing China's strategic cooperation in Asia and the United Nations, protecting United States national security interests, controlling the proliferation of weapons of mass destruction, promoting a peaceful and democratic transition in Hong Kong, and expanding United States economic contact with China. (4) United States policy toward China must include as a key objective the promotion of internationally recognized human rights. Specific priorities and methods should be appropriate to the circumstances. Engagement with China rather than its isolation is more likely to foster United States interests. (5) The opening of China to the West, the adoption of free market economic reforms, the emergence of a strong and entrepreneurial economy that ensures the rise of a Chinese middle class; all have led to expanded individual freedom, a weakening of state control over personal expression, access to the media in the United States, Hong Kong, and the West, and major improvements in living standards for the Chinese people. (6) United States policies that encourage economic liberalization and increased contact with the United States and other democracies foster respect for internationally recognized human rights and can contribute to civil and political reform in China. (7) The President's policy statement of May 26, 1994, provides a sound framework for expanding and extending the relationship of the United States with China while continuing the commitment of the United States to its historic values. The United States must develop a comprehensive and coherent policy toward China that addresses the complex and fast-changing reality in that country and promotes simultaneously the human rights, diplomatic, economic, and security interests of the United States toward China. (8) The United States has an interest in a strong, stable, prosperous, and open China whose government contributes to international peace and security and whose actions are consistent with the responsibilities of great power status. Whether those expectations are met will determine the breadth, depth, and tone of the United States-China bilateral relationship. (9) Peace and economic progress in East Asia is best assured through a web of cooperative relations among the countries of the region, including China and the United States. The emergence of a militarily powerful China that seeks to dominate East Asia would be regarded as a matter of serious concern by the United States and by other countries in the Asia-Pacific region. (10) Yet China's performance has been uneven on a number of issues of concern to the United States. In particular, the Chinese Government has failed to observe internationally recognized human rights. In this regard the Congress makes the following declarations: (A) The Chinese Government itself has made commitments to observe universal human rights norms. (B) Human rights have universal application and are not solely defined by culture or history. (C) Chinese policies of particular concern to the United States are the criminalization of dissent, the inhumane treatment in prisons, and the serious repression in non-Han-Chinese areas like Tibet. (11) Genuine political stability in China and greater respect for internationally recognized human rights, as well as continued economic growth and stability, will only occur in China as a result of a strengthened legal system (based on the rule of law and property rights), the emergence of a civil society, and the creation of political institutions that are responsive to public opinion and the interests of social groups. (12) China has entered a major transition in its political history which will determine the nature of the domestic system, including respect for internationally recognized human rights, and the Chinese Government's foreign policy. The Chinese Government should accelerate the process of reform of all aspects of Chinese society. (13) Existing official bilateral and multilateral institutions provide useful venues for engagement with China concerning the rule of law, civil society, respect for internationally recognized human rights, and political institutions that provide humane and effective governance. (14) American nongovernmental and business organizations, in their various forms of engagement in China, have contributed in that country to the initial emergence of civil society, the strengthening of the legal system, and the expansion of economic autonomy. SEC. 3. RECOMMENDATIONS FOR IMPLEMENTATION OF UNITED STATES POLICY. Congress affirms the President's policy and makes the following recommendations for the conduct of United States policy toward China: (1) The United States should continue a steady and comprehensive policy of pressing for increased Chinese adherence to international norms, especially those concerning internationally recognized human rights. (2) Of particular concern to the United States are the following: (A) The accounting and release of political prisoners. (B) Access to Chinese prisoners by international humanitarian organizations. (C) Negotiations between the Chinese Government and the Dalai Lama on Tibetan issues. (3) The official dialogue with the Chinese Government on human rights issues should continue and be intensified. (4) As he considers appropriate, the President should use other available modes of official interaction with China to pursue initiatives that are relevant to promoting increased respect for human rights in China. (5) The United States should expand broadcasting to China, through the Voice of America and Radio Free Asia. (6) The United States should work through available multilateral fora, such as the United Nations Human Rights Commission, to express concerns about human rights in China and to encourage Chinese adherence to, and compliance with, international human rights instruments. At all appropriate times, the United States should work toward and support joint actions to address significant problems. In particular, the United States should seek to secure the participation of other governments in overtures to secure the accounting and release of political prisoners, to encourage access to Chinese prisoners by international humanitarian organizations and negotiations between the Chinese Government and the Dalai Lama. (7) Where possible, the United States should take further steps to foster in China the rule of law, the creation of a civic society, and the emergence of institutions that provide humane and effective governance. (8) To better carry out the recommendation in paragraph (7), the Secretary of State should encourage United States posts in China to increase reporting on the human rights situation, the rule of law, civil society, and other political developments in China, and to increase appropriate contacts with domestic nongovernmental organizations. (9) United States non-governmental organizations should continue and expand activities that encourage the rule of law, the emergence of a civic society, and the creation of institutions that provide humane and effective governance. (10) When considering the termination of the suspensions of United States Government activities enacted in section 902(a) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, the President should explore whether such terminations could be used to elicit specific steps by the Chinese government to enhance respect for internationally recognized human rights or correct abuses of such rights. SEC. 4. UNITED STATES GOVERNMENT PROGRAMS SUPPORTING HUMAN RIGHTS IN CHINA. (a) Statement of Policy.--Concerning the promotion of human rights in China, it shall be the policy of the United States to promote the following objectives: (1) An effective legal system, based on the rule of law. (2) Respect for internationally recognized human rights. (3) The emergence of civil society. (4) The creation of institutions that provide humane and effective governance. (b) Factors.--In determining how to carry out the objectives stated in subsection (a), the President should consider the following factors: (1) The circumstances under which it is appropriate to provide support to organizations and individuals in China. (2) The circumstances under which it is appropriate to provide financial support, including through the following means: (A) Directly by the United States Government. (B) Through United States nongovernmental organizations which have established a sound record in China. (3) The extent to which the objectives of subsection (a) should be promoted through exchanges, technical assistance, grants to organizations, and scholarships for advanced study in the United States. (4) How to assure accountability for funds provided by the United States Government. (c) Authorization of Appropriations for Fiscal Year 1995.-- (1) Of the amounts authorized to be appropriated for education and cultural exchange programs of the United States Information Agency for fiscal year 1995, up to $1,000,000 is authorized to be available for programs to carry out the objectives of subsection (a). (2) In addition to such amounts as may otherwise be made available for broadcasting to China for fiscal year 1995, of the amounts authorized to be appropriated for international broadcasting for fiscal year 1995, an additional $5,000,000 may be used for broadcasting to China . SEC. 5. INTERNATIONAL HUMANITARIAN ORGANIZATIONS. It is the sense of Congress that, in the event that international humanitarian organizations undertake activities in China related to the treatment of prisoners, the President should make available an additional contribution to those organizations to support such activities. SEC. 6. PRINCIPLES TO GOVERN THE ACTIVITIES OF UNITED STATES BUSINESS IN CHINA. (a) In General.--Congress endorses President Clinton's efforts to work with the leaders of the United States business community to develop voluntary principles that could be adapted by United States companies doing business in China to further advance human rights and commends United States companies that have previously adopted such principles or are considering taking such action. (b) Other Countries.--Congress urges the President to encourage other governments to adopt similar principles to govern the activities of their business organizations with activities in China. SEC. 7. PERIODIC REPORTS. Not more than 180 days after the date of the enactment of this Act and annually for the 2 subsequent years, the President shall submit to the Speaker of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate, a report (in a classified form in whole or in part as necessary) which reviews for the preceding 12-month period those activities supported by the United States Government to promote the objectives stated in section 4(a). SEC. 8. COMMISSION ON LAW AND SOCIETY IN CHINA. The President is authorized to establish a United States commission on law and society in the People's Republic of China to undertake the following responsibilities and such other duties as the President considers appropriate: (1) To monitor developments in China with respect to the following: (A) The development of the Chinese legal system. (B) The emergence of civil society. (C) The development of institutions that provide humane and effective governance. (2) To engage in an ad hoc dialogue with Chinese individuals and nongovernmental organizations who have an interest in the subjects indicated in paragraph (1). (3) To report to the President and to the Congress the commission's findings regarding the subjects identified in paragraph (1) and its discussions with Chinese individuals and organizations concerning those subjects. (4) To make recommendations to the President on United States policy toward China in promoting the objectives identified in section 4(a). (5) To assess and report to the President and the Congress on whether the creation of a United States-China Commission on Law and Society would contribute to the objectives identified in section 4(a). Passed the House of Representatives August 9, 1994. Attest: DONNALD K. ANDERSON, Clerk.

United States China Policy Act of 1994 - Declares that the Congress affirms the President's policy toward China and makes the following recommendations for the conduct of U.S. policy toward that country, including: (1) a continued U.S. policy of pressing for increased Chinese adherence to internationally recognized human rights; (2) U.S. concern for the accounting and release of political prisoners, access to Chinese prisoners by international humanitarian organizations, and negotiations between China and the Dalai Lama on Tibetan issues; (3) expanded U.S. broadcasting to China through the Voice of America and Radio Free Asia; and (4) further U.S. steps to foster in China the rule of law, the creation of a civic society, and the emergence of institutions that provide humane and effective governance. Urges the President, when considering termination of the suspensions of U.S. Government activities enacted in the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, to explore whether such terminations could be used to elicit specific steps by the Chinese to enhance respect for internationally recognized human rights or to correct abuses of such rights. (Sec. 4) Declares it to be U.S. policy, in fostering human rights in China, to promote the following objectives: (1) an effective legal system, based on the rule of law; (2) respect for internationally recognized human rights; (3) the emergence of civil society; and (4) the creation of institutions that provide humane and effective goverance. Authorizes appropriations for programs to carry out the objectives of this Act. (Sec. 5) Expresses the sense of the Congress that, in the event that international humanitarian organizations undertake activities in China related to the treatment of prisoners, the President should make available additional contributions to such organizations to support them. (Sec. 6) Declares that the Congress endorses President Clinton's efforts to work with U.S. leaders of the business community to develop principles that could be adapted by U.S. companies doing business in China to advance human rights. Commends U.S. companies that have adopted such principles. Urges the President to encourage other governments to adopt such principles in governing the activities of their businesses in China. (Sec. 7) Requires the President to review and report to specified congressional committees on U.S. activities to promote human rights in China. (Sec. 8) Authorizes the President to establish a U.S. commission on law and society in China to monitor developments in China with respect to the specified objectives of U.S. policy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Our Promise to America's Children and Teachers Act'' or the ``Keep Our PACT Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Children are our Nation's future and greatest treasure. (2) A high-quality education is the surest way for every child to reach his or her full potential. (3) The No Child Left Behind Act of 2001 represents the most sweeping revision of education policy in a generation. (4) The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2006 (Public Law 109-149) funded the No Child Left Behind Act of 2001 at $23,510,000,000 ($13,360,000,000 below its 2006 authorized level), causing 3,100,000 students not to receive the Title I help they were promised. (5) The Individuals with Disabilities Education Act guarantees all children with disabilities a first-rate education. (6) The Individuals with Disabilities Education Improvement Act committed the Congress to providing 40 percent of the national current average per pupil expenditure for special education students. (7) The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2006 (Public Law 109-149) funded the Individuals with Disabilities Education Act Part B state grants at $10,700,000,000, representing only 18 percent of the national current average per pupil expenditures for special education students (8) A promise made must be a promise kept. SEC. 3. FULL FUNDING OF THE NO CHILD LEFT BEHIND ACT OF 2001. (a) Funding.--There are appropriated, out of any money in the Treasury not otherwise appropriated-- (1) for fiscal year 2007, an amount that equals the difference between-- (A) the amount appropriated for fiscal year 2007 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001; and (B) $23,504,000,000 or the full amount authorized to be appropriated for that fiscal year for those programs, whichever is higher; (2) for fiscal year 2008, an amount that equals the difference between-- (A) the amount appropriated for fiscal year 2008 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001; and (B) $28,315,000,000 or the full amount authorized to be appropriated for that fiscal year for those programs, whichever is higher; (3) for fiscal year 2009, an amount that equals the difference between-- (A) the amount appropriated for fiscal year 2009 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001; and (B) $33,126,000,000 or the full amount authorized to be appropriated for that fiscal year for those programs, whichever is higher; (4) for fiscal year 2010, an amount that equals the difference between-- (A) the amount appropriated for fiscal year 2010 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001; and (B) $37,938,000,000 or the full amount authorized to be appropriated for that fiscal year for those programs, whichever is higher; (5) for fiscal year 2011, an amount that equals the difference between-- (A) the amount appropriated for fiscal year 2011 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001; and (B) $42,749,000,000 or the full amount authorized to be appropriated for that fiscal year for those programs, whichever is higher; (6) for fiscal year 2012, an amount that equals the difference between-- (A) the amount appropriated for fiscal year 2012 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001; and (B) $47,560,000,000 or the full amount authorized to be appropriated for that fiscal year for those programs, whichever is higher; (7) for fiscal year 2013, an amount that equals the difference between-- (A) the amount appropriated for fiscal year 2013 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001; and (B) $52,371,000,000 or the full amount authorized to be appropriated for that fiscal year for those programs, whichever is higher; and (8) for fiscal year 2014, an amount that equals the difference between-- (A) the amount appropriated for fiscal year 2014 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001; and (B) $57,182,000,000 or the full amount authorized to be appropriated for that fiscal year for those programs, whichever is higher. (b) Use of Funds.--Funds appropriated under subsection (a)-- (1) shall be used to carry out the programs of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001; and (2) shall be allocated among such programs in the same ratio as funds otherwise appropriated to carry out such programs. SEC. 4. MANDATORY FUNDING OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT. (a) In General.--Section 611(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(i)) is amended to read as follows: ``(i) Mandatory Funding.--For the purpose of carrying out this part, other than section 619, there are appropriated, out of any money in the Treasury not otherwise appropriated-- ``(1) $10,568,000,000 for fiscal year 2007; ``(2) $12,068,000,000 for fiscal year 2008; ``(3) $13,782,000,000 for fiscal year 2009; ``(4) $15,738,000,000 for fiscal year 2010; ``(5) $17,973,000,000 for fiscal year 2011; ``(6) $20,525,000,000 for fiscal year 2012; ``(7) $23,439,000,000 for fiscal year 2013; ``(8) $26,766,000,000 for fiscal year 2014; ``(9) $30,567,000,000 for fiscal year 2015; and ``(10) for fiscal year 2016 and each subsequent fiscal year-- ``(A) the number of children with disabilities in the 2014-2015 school year in the States, outlying areas, and freely associated States who received special education and related services-- ``(i) aged 3 through 5 if the States, outlying areas, and freely associated States are eligible for a grant under section 619; and ``(ii) aged 6 through 21; multiplied by ``(B) 40 percent of the average per-pupil expenditure in public elementary schools and secondary schools in the United States; adjusted by ``(C) the rate of annual change in the sum of-- ``(i) 85 percent of such State's, outlying area's, and freely associated State's population described in subsection (d)(3)(A)(i)(II); and ``(ii) 15 percent of such State's, outlying area's, and freely associated State's population described in subsection (d)(3)(A)(i)(III).''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2006. SEC. 5. OFFSET. The amounts appropriated by this Act and the amendments made by this Act shall be expended consistent with pay-as-you-go requirements.

Keep Our Promise to America's Children and Teachers Act or the Keep Our PACT Act - Makes appropriations of: (1) the greater of specified amounts or the authorized amounts for programs under the Elementary and Secondary Education Act of 1965 for FY2007-FY2014; and (2) specified amounts for FY2007-FY2015 and an amount determined pursuant to a specified formula (based on the number of children who received special education, the average per-pupil expenditure, and the rate of change in a state's population) for FY2016 and thereafter for the Individuals with Disabilities Education Act. Requires such appropriated amounts to be expended consistent with pay-as-you-go requirements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Haiti Compassion Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Haiti remains severely devastated by the combined effects of ongoing political turmoil and the aftermath of the natural disasters of 2004, such as Tropical Storm Jeanne and Hurricane Ivan. (2) In Haiti, more than 2,500 people died as a result of Tropical Storm Jeanne in 2004. (3) The civil protection agency of Haiti stated that 250,000 people were homeless across the country and at least 4,000 homes were destroyed, with thousands more damaged, as a result of the storm. (4) When Tropical Storm Jeanne hit, Haiti was already struggling to deal with political instability and the aftermath of serious floods that occurred in May 2004. (5) More than a year after the abrupt departure of former President Aristide, the political, security, and social- economic situation in Haiti remains in crisis, the transitional government is weak and fighting to maintain credibility, and there are no clear signs of either political reconciliation or economic reconstruction. (6) On Wednesday March 9, 2005, the United Nations Security Council pressed Haiti's government to crack down on human rights abuses and free political prisoners to help heal the country ahead of November elections. (7) Political oppression and human rights violations are rife in Haiti while many supporters of the opposition are unjustly held in prison or experiencing persecution. (8) On March 11, 2005, the Department of State issued a travel warning to United States citizens warning them of the ``absence of an effective police force in much of Haiti; the potential for looting; the presence of intermittent roadblocks set by armed gangs or by the police; and the possibility of random violent crime, including kidnapping, carjacking, and assault.'' (9) The Department of State's Consular Information Sheet states ``there are no `safe areas' in Haiti.'' As a result, ``United States citizens should avoid travel to Haiti at this time.'' (10) While current United States policy is to advise its own citizens not to travel to Haiti, it is unjust to return Haitian nationals to this type of dangerous situation. (11) To return a national back to Haiti, where there is ongoing violence and a devastating environmental situation, would pose a serious threat to the personal safety of such individual. (12) The political, civil, and governmental crisis and extraordinary and temporary conditions caused by nature and resulting in floods, epidemics, and other environmental disasters in Haiti should make Haitian nationals eligible for temporary protected status. (13) There is a history of discrimination and mistreatment of Haitians in the immigration process. (14) Temporary protected status allows aliens who do not legally qualify as refugees but are nonetheless fleeing or reluctant to return to potentially dangerous situations to temporarily remain in the United States. (15) Granting temporary protected status to nationals of Haiti is consistent with the interest of the United States and promotes the values and morals that have made the United States strong. SEC. 3. DESIGNATION FOR PURPOSES OF GRANTING TEMPORARY PROTECTED STATUS TO HAITIANS. (a) Designation.-- (1) In general.--For purposes of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), Haiti shall be treated as if such country had been designated under subsection (b) of that section, subject to the provisions of this section. (2) Period of designation.--The initial period of such designation shall begin on the date of enactment of this Act and shall remain in effect for 18 months. (b) Aliens Eligible.--In applying section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a) pursuant to the designation made under this section, and subject to subsection (c)(3) of such section, an alien who is a national of Haiti is deemed to meet the requirements of subsection (c)(1) of such section only if the alien-- (1) is admissible as an immigrant, except as otherwise provided under subsection (c)(2)(A) of such section, and is not ineligible for temporary protected status under subsection (c)(2)(B) of such section; and (2) registers for temporary protected status in a manner that the Secretary of Homeland Security shall establish. (c) Consent to Travel Abroad.--The Secretary of Homeland Security shall give the prior consent to travel abroad described in section 244(f)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(3)) to an alien who is granted temporary protected status pursuant to the designation made under this section, if the alien establishes to the satisfaction of the Secretary of Homeland Security that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. An alien returning to the United States in accordance with such an authorization shall be treated the same as any other returning alien provided temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a).

Haitian Compassion Act - Requires the Secretary of Homeland Security to designate Haiti as a country whose qualifying nationals may be eligible for temporary protected status. Provides for: (1) an initial 18-month designation period; and (2) authorization for temporary travel abroad.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Ports of Entry Threat and Operational Review Act''. SEC. 2. PORTS OF ENTRY THREAT AND OPERATIONAL ANALYSIS. (a) In General.-- (1) Requirement.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall submit to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate a threat and operational analysis of ports of entry. (2) Contents.--The threat and operational analysis required under paragraph (1) shall include an assessment of the following: (A) Current and potential threats posed by individuals and organized groups seeking-- (i) to exploit security vulnerabilities at ports of entry; or (ii) to unlawfully enter the United States through such ports of entry. (B) Methods and pathways used to exploit security vulnerabilities at ports of entry. (C) Improvements needed at ports of entry to prevent the unlawful movement of people, illicit drugs, and other contraband across the borders of the United States. (D) Improvements needed to enhance travel and trade facilitation and reduce wait times at ports of entry, including-- (i) security vulnerabilities associated with prolonged wait times; (ii) current technology at ports of entry that can be adapted to handle more volume, increase efficiency, and improve accuracy of detection efforts; and (iii) infrastructure additions and upgrades. (E) Processes conducted at ports of entry that do not require law enforcement training and could be-- (i) filled with-- (I) non-law enforcement staff; or (II) the private sector, for processes or activities determined to not be inherently governmental (as such term is defined in section 5 of the Federal Activities Inventory Reform Act of 1998 (Public Law 105-270)); or (ii) automated. (3) Analysis requirements.--In compiling the threat and operational analysis required under paragraph (1), the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall consider and examine the following: (A) Personnel needs, including K-9 Units, and estimated costs, at each port of entry, including such needs and challenges associated with recruitment and hiring. (B) Technology needs, including radiation portal monitors and non-intrusive inspection technology, and estimated costs at each port of entry. (C) Infrastructure needs and estimated costs at each port of entry. (b) Ports of Entry Strategy and Implementation Plan.-- (1) In general.--Not later than 270 days after the submission of the threat and operational analysis required under subsection (a) and every 5 years thereafter for 10 years, the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection (CBP), shall provide to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate a ports of entry strategy and implementation plan. (2) Contents.--The ports of entry strategy and implementation plan required under paragraph (1) shall include a consideration of the following: (A) The ports of entry threat and operational analysis required under subsection (a), with an emphasis on efforts to mitigate threats and challenges identified in such analysis. (B) Efforts to reduce wait times at ports of entry and standards against which the effectiveness of such efforts may be determined. (C) Efforts to prevent the unlawful movement of people, illicit drugs, and other contraband across the borders of the United States at the earliest possible point at ports of entry and standards against which the effectiveness of such efforts may be determined. (D) Efforts to focus intelligence collection and information analysis to disrupt transnational criminal organizations attempting to exploit vulnerabilities at ports of entry and standards against which the effectiveness of such efforts may be determined. (E) Efforts to verify that any new port of entry technology acquisition can be operationally integrated with existing technologies in use by the Department of Homeland Security. (F) Lessons learned from reports on the business transformation initiative under section 802(i)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114- 125). (G) CBP staffing requirements for all ports of entry. (H) Efforts to identify and detect fraudulent documents at ports of entry and standards against which the effectiveness of such efforts may be determined. (I) Efforts to prevent, detect, investigate, and mitigate corruption at ports of entry and standards against which the effectiveness of such efforts may be determined. (c) Ports of Entry Described.--In this section, the term ``ports of entry'' means United States air, land, and sea ports of entry. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

United States Ports of Entry Threat and Operational Review Act (Sec. 2) This bill directs U.S. Customs and Border Protection (CBP) to submit to the congressional homeland security and tax committees a threat and operational analysis of U.S. air, land, and sea ports of entry. Such analysis shall include an assessment of: current and potential threats posed by individuals and organized groups seeking to exploit security vulnerabilities at ports of entry or to unlawfully enter the United States through such ports of entry; methods and pathways used to exploit security vulnerabilities at ports of entry; improvements needed at ports of entry to prevent the unlawful movement of people, illicit drugs, and other contraband across U.S. borders; improvements needed to enhance travel and trade facilitation and reduce wait times at ports of entry; and processes conducted at ports of entry that do not require law enforcement training and could be filled with non-law enforcement staff or by the private sector, or be automated. In compiling such analysis, CBP shall consider and examine: (1) personnel needs, including K-9 Units, and estimated costs, at each port of entry; (2) technology needs, including radiation portal monitors and non-intrusive inspection technology, and estimated costs at each port of entry; and (3) infrastructure needs and estimated costs at each port of entry. CBP shall, at specified intervals, provide to the committees a ports of entry strategy and implementation plan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Twenty-First Century Water Commission Act of 2005''. SEC. 2. FINDINGS. Congress finds that-- (1) the Nation's water resources will be under increasing stress and pressure in the coming decades; (2) a thorough assessment of technological and economic advances that can be employed to increase water supplies or otherwise meet water needs in every region of the country is important and long overdue; and (3) a comprehensive strategy to increase water availability and ensure safe, adequate, reliable, and sustainable water supplies is vital to the economic and environmental future of the Nation. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``Twenty-First Century Water Commission'' (in this Act referred to as the ``Commission''). SEC. 4. DUTIES. The duties of the Commission shall be to-- (1) use existing water assessments and conduct such additional assessments as may be necessary to project future water supply and demand; (2) study current water management programs of Federal, Interstate, State, and local agencies, and private sector entities directed at increasing water supplies and improving the availability, reliability, and quality of freshwater resources; and (3) consult with representatives of such agencies and entities to develop recommendations consistent with laws, treaties, decrees, and interstate compacts for a comprehensive water strategy which-- (A) respects the primary role of States in adjudicating, administering, and regulating water rights and water uses; (B) identifies incentives intended to ensure an adequate and dependable supply of water to meet the needs of the United States for the next 50 years; (C) suggests strategies that avoid increased mandates on State and local governments; (D) eliminates duplication and conflict among Federal governmental programs; (E) considers all available technologies and other methods to optimize water supply reliability, availability, and quality, while safeguarding the environment; (F) recommends means of capturing excess water and flood water for conservation and use in the event of a drought; (G) suggests financing options for comprehensive water management projects and for appropriate public works projects; (H) suggests strategies to conserve existing water supplies, including recommendations for repairing aging infrastructure; and (I) includes other objectives related to the effective management of the water supply to ensure reliability, availability, and quality, which the Commission shall consider appropriate. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 9 members who shall be appointed not later than 90 days after the date of enactment of this Act. Member shall be appointed as follows: (1) 5 members appointed by the President; (2) 2 members appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader of the House of Representatives; and (3) 2 members appointed by the Majority Leader of the Senate, in consultation with the Minority Leader of the Senate. (b) Qualifications.--Members shall be appointed to the Commission from among individuals who-- (1) are of recognized standing and distinction in water policy issues; and (2) while serving on the Commission, do not hold any other position as an officer or employee of the United States, except as a retired officer or retired civilian employee of the United States. (c) Other Considerations.--In appointing members of the Commission, every effort shall be made to ensure that the members represent a broad cross section of regional and geographical perspectives in the United States. (d) Chairperson.--The Chairperson of the Commission shall be designated by the President. (e) Terms.--Members of the Commission shall be appointed not later than 90 days after the date of enactment of this Act and shall serve for the life of the Commission. (f) Vacancies.--A vacancy on the Commission shall not affect its operation, and shall be filled in the same manner as the original appointment provided under subsection (a). (g) Compensation and Travel Expenses.--Members of the Commission shall serve without compensation, except members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57, United States Code. SEC. 6. MEETINGS AND QUORUM. (a) Meetings.--The Commission shall hold its first meeting not later than 60 days after the date on which all members have been appointed under section 5, and shall hold additional meetings at the call of the Chairperson or a majority of its members. (b) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business. SEC. 7. DIRECTOR AND STAFF. A Director shall be appointed by the Speaker of the House of Representatives and the Majority Leader of the Senate, in consultation with the Minority Leader and chairmen of the Resources and Transportation and Infrastructure Committees of the House of Representatives, and the Minority Leader and chairmen of the Energy and Natural Resources and Environment and Public Works Committees of the Senate. The Director and any staff reporting to the Director shall be paid a rate of pay not to exceed the maximum rate of basic pay for GS- 15 of the General Schedule. SEC. 8. POWERS AND PROCEEDINGS OF THE COMMISSION. (a) Hearings.--The Commission shall hold no fewer than 10 hearings during the life of the Commission. Hearings may be held in conjunction with meetings of the Commission. The Commission may take such testimony and receive such evidence as the Commission considers appropriate to carry out this Act. At least 1 hearing shall be held in Washington, D.C., for the purpose of taking testimony of representatives of Federal agencies, national organizations, and Members of Congress. Other hearings shall be scheduled in distinct geographical regions of the United States and should seek to ensure testimony from individuals with a diversity of experiences, including those who work on water issues at all levels of government and in the private sector. (b) Information and Support From Federal Agencies.--Upon request of the Commission, any Federal agency shall-- (1) provide to the Commission, within 30 days of its request, such information as the Commission considers necessary to carry out the provisions of this Act; and (2) detail to temporary duty with the Commission on a reimbursable basis such personnel as the Commission considers necessary to carry out the provisions of this Act, in accordance with section 5(b)(5), Appendix, title 5, United States Code. SEC. 9. REPORTS. (a) Interim Reports.--Not later than 6 months after the date of the first meeting of the Commission, and every 6 months thereafter, the Commission shall transmit an interim report containing a detailed summary of its progress, including meetings and hearings conducted in the interim period, to-- (1) the President; (2) the Committee on Resources and the Committee on Transportation and Infrastructure of the House of Representatives; and (3) the Committee on Energy and Natural Resources and the Committee on the Environment and Public Works of the Senate. (b) Final Report.--As soon as practicable, but not later than 3 years after the date of the first meeting of the Commission, the Commission shall transmit a final report containing a detailed statement of the findings and conclusions of the Commission, and recommendations for legislation and other policies to implement such findings and conclusions, to-- (1) the President; (2) the Committee on Resources and the Committee on Transportation and Infrastructure of the House of Representatives; and (3) the Committee on Energy and Natural Resources and the Committee on the Environment and Public Works of the Senate. SEC. 10. TERMINATION. The Commission shall terminate not later than 30 days after the date on which the Commission transmits a final report under section 9(b). SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $9,000,000 to carry out this Act. Passed the House of Representatives April 12, 2005. Attest: JEFF TRANDAHL, Clerk.

Twenty-First Century Water Commission Act of 2005 - Establishes the Twenty-First Century Water Commission to: (1) project future water supply and demand; (2) study current water management programs of federal, interstate, state, and local agencies and private sector entities directed at increasing water supplies and improving the availability, reliability, and quality of freshwater resources; and (3) consult with representatives of such agencies and entities to develop recommendations for a comprehensive water strategy. Requires that such strategy: (1) respect the primary role of states in adjudicating, administering, and regulating water rights and uses; (2) identify incentives intended to ensure an adequate and dependable water supply to meet U.S. needs for the next 50 years; (3) suggest strategies that avoid increased mandates on state and local governments; (4) eliminate duplication and conflict among federal programs; (5) consider all available technologies to optimize water supply reliability, availability, and quality, while safeguarding the environment; (6) recommend means of capturing excess water and flood water for conservation and use in the event of a drought; (7) suggest financing options for comprehensive water management projects and appropriate public works projects; and (8) suggest strategies to conserve existing water supplies, including recommendations for repairing aging infrastructure. Sets forth requirements for semiannual interim reports and a final report within three years. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Exchange Infrastructure Modernization Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) a ubiquitous high quality public switched network will promote-- (A) universal service at reasonable rates; (B) the universal availability of advanced public switched network capabilities and information services; (C) the public health, safety, national defense, education, security, and emergency preparedness; (D) the economic development and quality of life by bringing access to advanced public switched network capabilities to the American people regardless of their location; (E) new services and motivate new service providers by providing uniform network accessibility and interoperability; (F) the international competitiveness of American industry; and (G) a seamless, nationwide, coordinated communications infrastructure that will enhance the quality of life for all Americans; (2) the increasing technological complexity and need for ubiquitous infrastructure capability and interoperability of the public switched network requires-- (A) sharing of the public switched network infrastructure and functionality between and among local exchange carriers; (B) joint coordinated network planning, design and cooperative implementation among all local exchange carriers; and (C) development of standards for interconnection between the local exchange carrier public switched network and any other person by appropriate standards- setting bodies; (3) the access provided by the local exchange carrier public switched network to competitor carriers, information service providers and others, tie these diverse elements into an interoperable national telecommunications network; (4) a ubiquitous, advanced local exchange carrier public switched network enhances the function and availability of services provided by all carriers and all other persons using the network; and (5) it is in the public interest to promote development of the public switched network by local exchange carriers because they-- (A) have universal service obligations for geographically specific serving areas for which they must construct a ubiquitous infrastructure; (B) provide public switched network services that are subject to regulation with respect to rates, terms and conditions; (C) must provide network access to their own competitors on nondiscriminatory rates, terms, and conditions; and (D) are suppliers of last resort to customers in their serving areas. SEC. 3. AMENDMENTS TO THE COMMUNICATIONS ACT OF 1934. (a) Amendment to Section 1.--Section 1 of the Communications Act of 1934 (47 U.S.C. 151) is amended-- (1) by inserting ``(a)'' after ``Section 1; and (2) by adding at the end thereof the following new subsection: ``(b) The Commission shall exercise its authority so as to-- ``(1) preserve and enhance universal service at reasonable rates; ``(2) achieve universal availability of advanced network capabilities and information services; ``(3) assure a seamless nationwide distribution network through joint network planning, coordination, and service arrangements between and among local exchange carriers; ``(4) maintain high standards of quality for advanced network services; and ``(5) assure adequate communication for the public health, safety, defense, education, national security and emergency preparedness.''. (b) Amendment to Section 2.--Section 2(b) of the Communications Act of 1934 (47 U.S.C. 152(b)) is amended by striking ``227'' and inserting ``229''. (c) Amendment to Section 3.--Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended by adding at the end thereof the following: ``(hh) The term `local exchange carrier' means a carrier which-- ``(1) is required to provide upon request, under tariff or subject to other government oversight (by the Commission or a State commission), interstate or intrastate access services and telephone exchange service; ``(2) is, or was, a participant in one or more interstate pools established by the Commission, or would have been required to participate in one or more such pools had the carrier been engaged in interstate and intrastate access and telephone exchange service while such participation was mandatory; ``(3) is subject to the requirements imposed by the Commission or a State commission related to the provision of equal access; and ``(4) conforms with the provisions of the North American Numbering Plan applicable to the assignment of numbering resources for telephone exchange service, as defined by the Plan's Administrator. ``(ii) The term `Modification of Final Judgment' means the decree entered August 24, 1982, in United States v. Western Electric, Civil Action No. 82-0192 (United States District Court, District of Columbia).''. (d) Amendment to Title II.--Title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended by adding at the end thereof the following new sections: ``SEC. 228. NETWORK PLANNING AND STANDARDS. ``The Commission shall, within 180 days following the date of the enactment of this section, prescribe regulations that require-- ``(1) joint coordinated network planning, design and cooperative implementation among all local exchange carriers in the provision of public switched network infrastructure and services; and ``(2) development of standards for interconnection between the local exchange carrier public switched network and any other person by appropriate standard-setting bodies. ``SEC. 229. INFRASTRUCTURE SHARING ARRANGEMENTS BETWEEN OR AMONG LOCAL EXCHANGE CARRIERS. ``(a) Sharing Arrangement Regulations.--Within 180 days following the date of the enactment of this section, the Commission shall prescribe regulations that require local exchange carriers to share public switched network infrastructure and functionality with requesting local exchange carriers lacking economies of scale or scope, as defined in subsection (b). ``(b) Definition.--For the purposes of this section, the term `local exchange carrier lacking economies of scale or scope' means any local exchange carrier which serves a geographic area for which it lacks economies of scale or scope for the particular required network functionality. ``(c) Content of Regulations.--The regulations governing such sharing between or among local exchange carriers shall-- ``(1) promote economically efficient decision-making by local exchange carriers; ``(2) not require any local exchange carrier to make any decision that is uneconomic or adverse to the public interest; ``(3) permit, but not require, joint ownership and operation of public switched network infrastructure and services by or among local exchange carriers; ``(4) limit their applicability to local exchange carriers; ``(5) ensure that a local exchange carrier, when sharing any infrastructure or providing any functionality to other local exchange carriers pursuant to this section, shall not be deemed a common carrier for hire when acting in this capacity, and such arrangements shall not be deemed common carrier services by the Commission or by any State commission; ``(6) contain general guidelines to ensure that fair and reasonable terms and conditions for and in connection with the business arrangement described in this section are determined by local exchange carriers; ``(7) establish conditions that promote cooperation between local exchange carriers; and ``(8) ensure that all regulatory rights and obligations for and in connection with the business arrangements described in this section shall be determined exclusively in accordance with the regulations prescribed pursuant to this section. ``(d) Rule of Construction.--Nothing in this Act shall be construed to enact into law any economic support currently provided to telephone exchange service or enact into law any prohibition with regard to new economic support mechanisms for telephone exchange service or any service other than telephone exchange service. ``SEC. 230. SIGNALLING. ``Notwithstanding any other provision of law or any restriction or obligation imposed before the date of enactment of this section pursuant to the Modification of Final Judgment, no local exchange carrier shall be prohibited from transporting or processing signalling and information for another local exchange carrier in adjoining or reasonably proximate serving areas upon request of that local exchange carrier to the same extent that the providing local exchange carrier is permitted to engage in such activities for itself. ``SEC. 231. INTRASTATE COMMUNICATION. ``Except as provided in section 2, nothing in this Act shall be construed to alter, limit, or supersede the authority of any State with respect to the regulation of intrastate communication service.''. SEC. 4. ANTITRUST IMMUNITY FOR LOCAL EXCHANGE CARRIERS. (a) Inapplicability of Antitrust Laws.--Nothing contained in any Federal or State antitrust law shall render unlawful any individual or concerted action taken by a local exchange carrier, or its directors, officers, agents, employees, affiliates, subsidiaries, joint ventures, counsel or other persons purporting to act on behalf of such carrier, pursuant to sections 228, 229, and 230 of the Communications Act of 1934, including (but not limited to) lobbying before Congress or the Federal Communications Commission or communicating by any means with other local exchange carriers. (b) Definitions.--For purposes of this Act, the following terms are defined: (1) The term ``Federal antitrust laws'' means the Acts known as the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12 et seq.), the Robinson-Patman Act (15 U.S.C. 13 et seq.), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), all subsequent amendments of such Acts, and any and all other laws which have been or are hereafter enacted to regulate or prevent contracts, combinations, or conspiracies in restraint of trade or monopolistic practices. (2) The term ``State antitrust laws'' means all laws enacted by States or territories within the United States or their political subdivisions which are patterned after the Federal laws known as the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12 et seq.), the Robinson-Patman Act (15 U.S.C. 13 et seq.), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), or any subsequent amendments to such Acts, or any other State laws which are not patterned after such Federal Acts or amendments but which are designed to regulate or prevent contracts, combinations, or conspiracies in restraint of trade or monopolistic practices.

Local Exchange Infrastructure Modernization Act of 1993 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to exercise its authority to: (1) preserve and enhance universal telephone service at reasonable rates; (2) achieve universal availability of advanced network capabilities and information services; (3) assure a seamless nationwide distribution network through joint network planning, coordination, and service arrangements between and among local exchange carriers (LECs); (4) maintain high standards of quality for advanced network services; and (5) assure adequate communication for the public health, safety, defense, education, national security, and emergency preparedness. Defines "local exchange carrier" as a carrier that: (1) is required to provide upon request, under tariff or subject to other government oversight (by the FCC or a State commission), interstate and intrastate access services and telephone exchange service; (2) is, or was, a participant in one or more interstate pools established by the FCC, or would have been required to participate in one or more such pools had the carrier been engaged in interstate and intrastate access and telephone exchange service while such participation was mandatory; (3) is subject to the requirements imposed by the FCC or a State commission related to the provision of equal access; and (4) conforms with the provisions of the North American Numbering Plan applicable to the assignment of numbering resources for telephone exchange service, as defined by the Plan's Administrator. Requires the FCC to prescribe regulations that require: (1) joint coordinated network planning, design, and cooperative implementation among all LECs in the provision of public switched network infrastructure and services; (2) development of standards for interconnection between the LEC public switched network and others by appropriate standard-setting bodies; and (3) a LEC to share public switched network infrastructure and functionality with requesting LECs which serve a geographic area for which they lack economies of scale or scope for the particular required network functionality.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Soledad Canyon Settlement Act''. SEC. 2. DEFINITIONS. In this Act: (1) City of santa clarita.--The term ``City of Santa Clarita'' means the City of Santa Clarita, California. (2) City of victorville.--The term ``City of Victorville'' means the City of Victorville, California. (3) Contracts.--The term ``contracts'' means the Bureau of Land Management mineral contracts numbered CA-20139 and CA- 22901. (4) Contract holder.--The term ``contract holder'' means the private party to the contracts, and any successors that hold legal interests in the contracts. (5) County of san bernardino.--The term ``County of San Bernardino'' means the County of San Bernardino, California. (6) Map.--The term ``Map'' means the map entitled ``Victorville disposal area, California'' and dated March 2011. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (8) Victorville disposal area.--The term ``Victorville disposal area'' means the 10,206.05 acres of land identified for disposal in the West Mojave Land Management Plan (2006) of the Bureau of Land Management and depicted on the Map. SEC. 3. APPRAISAL; COMPENSATION TO CONTRACT HOLDER. (a) Appraisals.-- (1) Contract appraisal.-- (A) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary shall determine by mineral appraisal, using the discounted cash flow method of appraisal (in accordance with the appraisal guidelines for appraisals of large quantities of mineral materials contained in section IV(E) of BLM Mineral Material Appraisal Handbook H-3630)-- (i) the fair market value of the contracts; and (ii) the amount of royalties the Federal Government would receive under the contracts over the 10-year period beginning on the date of enactment of this Act. (B) Considerations.--In making the determination under subparagraph (A), the Secretary shall assume that-- (i) the contract holder has obtained all the permits and entitlements necessary to mine, produce, and sell sand and gravel under the contract; and (ii) mining operations under the contract have commenced at the time of the determination, with maximum annual production volumes that-- (I) are based on the projected supply and demand outlook at the time of determination; and (II) reflect depletion of the reserves that are subject to the contract within the effective periods of the contract. (C) Donation.--The Secretary shall provide to the contract holder and the City of Santa Clarita a list of approved appraisers from which the parties shall select and provide the funding to cover the costs of the appraisal under subparagraph (A). (2) Land appraisal.-- (A) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary shall determine by appraisal standards under existing laws and regulations, the fair market value of the Victorville disposal area on a net present value basis. (B) Donation.--The Secretary shall provide to the contract holder and the City of Santa Clarita a list of approved appraisers from which the parties shall select and provide the funding to cover the costs of the appraisal under subparagraph (A). (b) Compensation.-- (1) In general.--Subject to paragraph (2), not later than 30 days after completion of the appraisals under subsection (a), the Secretary shall offer the contract holder compensation for the cancellation of the contracts. (2) Conditions on offer.--An offer made by the Secretary under paragraph (1) shall be subject to the following conditions: (A) The cancellation of the contracts and the provision of compensation shall be contingent on the availability of funds from the sale of the Victorville disposal area under section 4, and any additional compensation provided under subparagraph (D), as determined necessary by the Secretary. (B) The amount of compensation offered by the Secretary under this subsection shall be equal to or less than the fair market value of the contracts, as determined under subsection (a)(1)(A)(i). (C) The amount of compensation offered by the Secretary under this subsection shall be equal to or less than the projected revenues generated by the sale of the Victorville disposal area under section 4, less the projected lost royalties to the Federal Government over the 10-year period beginning on the date of enactment of this Act, as determined under subsection (a)(1)(A)(ii). (D) If the amount of projected revenues described in subparagraph (C) is less than the fair market value determined under subsection (a)(1)(A)(i), the Secretary shall, not later than 60 days after the date on which the Director of the Bureau of Land Management determines the projected revenues under subparagraph (C), negotiate an agreement with the contract holder and the City of Santa Clarita to provide to the Secretary amounts equal to the difference, in the form of-- (i) compensation to be received by the contract holder; and (ii) compensation in a form acceptable to the Secretary to be provided by the City of Santa Clarita. (3) Acceptance of offer.-- (A) In general.--The contract holder shall have 60 days from the later of the date on which the Secretary makes the offer under paragraph (1) or an agreement is negotiated under paragraph (2)(D) to accept the offer or agreement. (B) Failure to accept offer.--If the contract holder does not accept the offer under paragraph (1) or if an agreement is not negotiated under paragraph (2)(D) within the time period described in subparagraph (A), the contracts shall remain in effect and no further actions shall taken be taken pursuant to this Act. SEC. 4. SALE OF LAND NEAR VICTORVILLE, CALIFORNIA. (a) In General.--Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713) and subject to subsections (b) through (f), not later than 2 years after the date of enactment of this Act, the Secretary shall place on the market and offer for sale by competitive bidding and in a manner designed to obtain the highest price possible, all right, title, and interest of the United States in and to the Victorville disposal area. (b) Availability of Map.--The Secretary shall keep the Map on file and available for public inspection in-- (1) the office of the Director of the Bureau of Land Management; and (2) the district office of the Bureau of Land Management located in Barstow, California. (c) Right of Local Land Use Authority To Purchase Certain Land.-- (1) In general.--Before a sale of land under subsection (a), the Secretary shall provide to the applicable local land use authority an exclusive preemptive right, as determined under State law, to purchase any right, title, or interest of the United States in and to any portion of the parcels of land identified as ``Area A'' and ``Area B'' on the Map that is located within the jurisdiction of the local land use authority. (2) Timing.--A preemptive right under paragraph (1) shall be in effect for a period of 30 days before the land is sold under subsection (a). (3) Authority.--During the period described in paragraph (2), the local land use authority may purchase some or all of the right, title, and interest of the United States, as provided in subsection (a), in and to the land to be offered for sale at fair market value, as determined by an appraisal conducted by the Secretary. (4) Exercising right.--If the local land use authority exercises the preemptive right under paragraph (1), the Secretary shall convey the land to the local land use authority immediately on payment by the local land use authority of the entire purchase price of the applicable parcel of land. (5) Failure to pay.--Failure by the local land use authority to purchase and pay for the right, title, and interest of the United States in and to the land described in paragraph (1) within the time period described in paragraph (2) and to comply with any other terms and conditions as the Secretary may require shall terminate the preemptive right of the local land use authority with respect to the right, title, and interest offered for sale. (d) Withdrawal and Reservation.-- (1) Withdrawal.--Subject to valid existing rights, the land described in subsection (a) is withdrawn from-- (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (2) Reservation.--In any sale or other disposal of land under this section, there shall be reserved by the United States the right of the United States to prospect for, mine, and remove minerals from the conveyed land. (e) Consultation.--In addition to any consultation otherwise required by law, before initiating efforts to dispose of land under this section, the Secretary shall consult with the City of Victorville, the County of San Bernardino, and surface owners in the jurisdiction in which the land is located regarding the potential impact of the disposal and other appropriate aspects of the disposal. (f) Account.--The gross proceeds of a sale of land under subsection (a) shall be deposited in an account acceptable to the Secretary and available only for the purposes of carrying out this Act. SEC. 5. CANCELLATION OF CONTRACTS. (a) In General.--On completion of the compensation to the contract holder for the value of each contract in accordance with subsection (b), the Secretary shall cancel the contracts and withdraw those areas that were subject to the contracts from further mineral entry under all mineral leasing and sales authorities available to the Secretary. (b) Compensation; Cancellation; Retention of Funds.-- (1) In general.--Subject to paragraph (3), the Secretary shall provide to the contract holder the compensation agreed to under section 3(b) by disbursement of amounts from the account, in 4 equal payments, as funds are available; (2) Cancellation.-- (A) Contract ca-20139.--On completion of the first 2 payments to the contract holder under paragraph (1), the Secretary shall cancel contract CA-20139. (B) Contract ca-22901.--On completion of the remaining 2 payments to the contract holder under paragraph (1), the Secretary shall cancel contract CA- 22901. (3) Retention of funds.--The Secretary shall retain sufficient funds to cover the projected lost royalties determined under section 3(a)(1)(A)(ii). (c) Release and Waiver.--Upon acceptance and receipt of compensation under subsection (b), the contract holder shall waive all claims against the United States arising out of, or relating to, the cancellation of the contracts. Passed the House of Representatives December 11, 2014. Attest: KAREN L. HAAS, Clerk.

. Soledad Canyon Settlement Act - (Sec. 3) Directs the Secretary of the Interior to offer to cancel Bureau of Land Management (BLM) mineral contracts CA-20139 and CA-22901 (located in Soledad Canyon, California) and compensate the contract holder for the cancellation with proceeds from the sale of certain lands near Victorville, California. (Sec. 4) Requires the Secretary to provide to the applicable local land use authority a 30-day exclusive, preemptive right to purchase specified land located within its jurisdiction. Withdraws affected areas from further mineral entry and leasing.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Capital Budgeting Act of 1993''. SEC. 2. STATEMENT OF FINDINGS AND PURPOSE. (a) Statement of Finding.--The Congress finds that-- (1) the objective of enhancing long-term economic growth is not well served by a budget process focused on short-term results, (2) long-term economic growth depends not only upon a stable social, political, and economic environment and a higher level of national savings, but also upon a sound public infrastructure, an educated citizenry and workforce, an investment in research and the discovery of knowledge, and the harnessing of inventive genius into the workplace and marketplace, (3) the existing presentation of the Federal Budget obscures the distinctions between long-term capital investments, expenditures of a developmental character, and current operational spending, and (4) the public interest will be served by a Federal Budget presentation which presents information showing long-term effects of expenditures. (b) Purpose.--It is the purpose of this Act to require that the unified budget present-- (1) an operating budget, and (2) an investment budget divided into-- (A) federally-owned capital, and (B) developmental investments, for each of the 3 major components of the budget (general, trust, and enterprise funds) in order to ensure a continued focus on the Government's total financial operations, while providing better and more relevant information upon which to base both overall fiscal policy as well as program priorities within the Federal Budget. SEC. 3. CAPITAL AND OPERATING BUDGETS. (a) In General.--Title 31, United States Code, is amended by inserting after section 1105 the following new section: ``SEC. 1105A. CAPITAL AND OPERATING BUDGETS. ``(a)(1) The budget of the United States submitted by the President under section 1105 of this title shall be a unified budget composed of-- ``(A) an operating budget, and ``(B) an investment budget divided into federally-owned capital and developmental investments. ``(2) Operating and investment budgets shall be presented separately for unified funds, general funds, trust funds, and enterprise funds. ``(b)(1) Actual, estimated, and proposed amounts shall be presented for unified funds, general funds, trust funds, and enterprise funds, and, at a minimum, shall contain: ``(A) For the operating budget: ``(i) Operating revenues. ``(ii) Operating expenses. ``(iii) Operating surplus/deficit before interfund transfers. ``(iv) Interfund transfers. ``(v) Operating surplus/deficit. ``(vi) Federal expenditures financing the operating expenses of State and local governments. ``(B) For the investment budget: ``(i) For federally-owned capital: the office buildings, equipment, and other assets that are owned by the Government for use in its operations together with a showing how such assets will improve the efficiency and effectiveness with which government agencies carry out their missions. ``(ii) For developmental investments (including grants and loans to non-Federal entities for improving physical infrastructure, research and development, and investment in human capital through education and training): the amounts to be invested together with a projection of how such investments will improve the prospects for higher rates of economic growth on the future. ``(2) For both categories of investment budgets, the following information will be presented: ``(A) Investment funds together with investment revenues. ``(B) Financing requirements before interfund transfers. ``(C) Interfund transfers. ``(D) Projected effects upon economic growth. ``(3) The investment budget shall represent only the major activities, projects, and programs which support the acquisition, construction, alteration, and rehabilitation of such investment assets and the major programs and activities which support nonmilitary research and development, education, and job training. All other activities, projects, and programs shall be represented in the operating budget.''. (b) Clerical Amendment.--The table of sections for chapter 11 of title 31, United States Code, is amended by inserting after the item relating to section 1105 the following new item: ``1105A. Capital and operating budgets.''

Capital Budgeting Act of 1993 - Amends Federal law to require that the budget the President submits to the Congress be a unified budget comprising an operating budget and an investment budget (divided into federally-owned capital and developmental inestments), each presented separately for unified funds, general funds, trust funds, and enterprise funds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prohibiting Detention of Youth Status Offenders Act of 2017''. SEC. 2. DEINSTITUTIONALIZATION OF STATUS OFFENDERS. Section 223 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633) is amended-- (1) in subsection (a)(11)-- (A) by striking ``shall'' the first place it appears; (B) in subparagraph (A)-- (i) in clause (i), by inserting ``and'' at the end; (ii) in clause (ii), by striking ``and'' at the end; (iii) by striking clause (iii); and (iv) in the matter following clause (iii) by striking ``and'' at the end; (C) in subparagraph (B), by inserting ``and'' at the end; and (D) by adding at the end the following: ``(C) if a court determines the juvenile should be placed in a secure detention facility or correctional facility for violating an order described in subparagraph (A)(ii)-- ``(i) the court shall issue a written order that-- ``(I) identifies the valid court order that has been violated; ``(II) specifies the factual basis for determining that there is reasonable cause to believe that the juvenile has violated such order; ``(III) includes findings of fact to support a determination that there is no appropriate less restrictive alternative available to placing the juvenile in such a facility, with due consideration to the best interest of the juvenile; ``(IV) specifies the length of time, not to exceed 3 days, that the juvenile may remain in a secure detention facility or correctional facility, and includes a plan for the juvenile's release from such facility; and ``(V) may not be renewed or extended; and ``(ii) the court may not issue a second or subsequent order described in clause (i) relating to a juvenile, unless the juvenile violates a valid court order after the date on which the court issues an order described in clause (i); ``(D) there are procedures in place to ensure that any juvenile held in a secure detention facility or correctional facility pursuant to a court order described in this paragraph does not remain in custody longer than 3 days (with the exception of weekends and holidays) or the length of time authorized by the court, or authorized under applicable State law, whichever is shorter; ``(E) juvenile status offenders detained or confined in a secure detention facility or correctional facility pursuant to a court order as described in this paragraph may only be detained in secure custody one time in any six-month period, provided that all conditions set forth in subparagraph (D) are satisfied; and ``(F) not later than one year after the date of enactment of this subparagraph, with a single one-year extension if the State can demonstrate hardship as determined by the Administrator, the State will eliminate the use of valid court orders as described in subparagraph (A)(ii) to provide secure lockup of status offenders;''; and (2) by adding at the end the following: ``(g) Applications for Extension for Compliance.--States may apply for a single one-year extension to comply with subsection (a)(11). To apply, a State must submit an application to the Administrator describing-- ``(1) the State's measurable progress and good faith effort to reduce the number of status offenders who are placed in a secure detention facility or correctional facility pursuant to a court order as described in this paragraph; and ``(2) the State's plan to come into compliance not later than 1 year after the date of extension.''.

Prohibiting Detention of Youth Status Offenders Act of 2017 This bill amends the Juvenile Justice and Delinquency Prevention Act of 1974 to modify the deinstitutionalization of status offenders (DSO) core requirement with which a state must comply to receive funds under the Formula Grant Program. The DSO core requirement prohibits the secure detention or confinement of a juvenile who commits a status offense (i.e., an offense that would not be a crime if committed by an adult). This bill eliminates an exception to the DSO core requirement that permits the secure detention or confinement of an out-of-state runaway youth. It also eliminates, not later than one year after enactment, an exception to the DSO core requirement that permits the secure detention or confinement of a juvenile status offender who violates a valid court order. Until then, use of the valid court order exception to securely detain or confine a juvenile status offender must comply with additional requirements, such as issuance of a written court order and a three-day maximum length of detention.