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Evaluation on the Hub 34

SECTION 1. SHORT TITLE. This Act may be cited as the ``Caregiver Corps Act of 2014''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) As of 2013, more than 43,000,000 Americans are age 65 or older. More than 75 percent of such individuals live with chronic conditions which require assistance that helps them to live in a home- or community-based setting. In 2012, almost 38,000,000 Americans of all ages reported having one or more disabilities. (2) As of 2012, there were over 800,000 home health aides assisting older adults in their homes with activities of daily living and some light housekeeping tasks such as changing linens and preparing food. Direct care workers are critical as families and friends strive to provide quality care for individuals in the community. (3) Estimates suggest that there are 52,000,000 to 65,000,000 informal caregivers helping to provide care to adults with disabilities and illnesses. These caregivers help with a range of tasks but more time is spent on tasks such as shopping, food preparation, housekeeping, and laundry, and less time is spent on activities of daily living such as feeding, dressing, grooming, walking, bathing, and assistance toileting. (4) Over 60 percent of all informal caregivers work either full- or part-time. Even with the growing number of direct care workers available, there is a shortage in the number of people available to help support individuals who need extra assistance to remain in the community. (5) Only 12 percent of informal caregivers report having used a respite service. Respite is a means of giving the caregiver a break from their caregiving duties. Respite comes in many forms and may include having the individual attend an adult day program outside the home or having a friendly visitor serve as a companion and provide light assistance while the caregiver takes a break. (6) Respite volunteer programs exist in many communities. There is a range of ways that these programs offer incentives to the volunteers. Some programs use a time-banking or service- exchange approach as an incentive to engage volunteers, while other programs access funds from private and public sources to offer modest stipends to volunteers. (b) Purpose.--It is the purpose of this Act to establish a Caregiver Corps program to foster the creation of community-based Corps programs that provide for volunteer community service opportunities to address the shortage of assistance available for older adults and individuals with disabilities. SEC. 3. ESTABLISHMENT OF CAREGIVER CORPS PROGRAM. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399V-6. CAREGIVER CORPS. ``(a) Contract for Establishment of Caregiver Corps Program.-- ``(1) In general.--The Secretary shall enter into a contract with a nonprofit entity for the development of an online toolkit and guidance providing for the establishment and implementation of Caregiver Corps (referred to in this section as `Corps') volunteer programs in local communities. ``(2) Requirements.--The toolkit and guidance developed under paragraph (1) shall be based on best practice methods from existing private and public sector volunteer programs and include-- ``(A) guidance on the recruitment, screening, and training of Corps volunteers; ``(B) guidance on recommended processes for administering and evaluating the performance of local Corps programs; ``(C) guidance on options for securing start-up and operational funding for local Corps programs; ``(D) sources for obtaining ongoing technical assistance; and ``(E) guidance on how communities can promote larger community involvement and cultivate partnerships and connections between local Corps programs. ``(3) Grants.--The Secretary may award grants to public and private nonprofit entities for the operation of local Corps programs under subsection (b) in accordance with this section. ``(b) Requirements of Caregiver Corps Programs.-- ``(1) Local caregiver corps programs.-- ``(A) Eligibility.--To be eligible to be a local Corps program for purposes of this section, an entity shall be-- ``(i) an area agency on aging; ``(ii) a time-banking or volunteer organizing agency; ``(iii) a college or university; ``(iv) a State, county, or local government; or ``(v) any other entity determined to be appropriate by the Secretary. ``(B) Duties and activities.--A local Corps program shall-- ``(i) conduct screening and criminal history background checks of Corps volunteers; ``(ii) provide in-person orientation and training for Corps volunteers; ``(iii) develop and monitor volunteer assignments, which shall include selecting the adults to be served by Corps volunteers, matching volunteers to assignments, and supervising the volunteers; ``(iv) assist in the provision of appropriate volunteer recognition; ``(v) maintain records and prepare reports as required by the Secretary; and ``(vi) carry out any other activities determined appropriate by the Secretary. ``(2) Caregiver corps volunteers.-- ``(A) Eligibility.-- ``(i) In general.--To be eligible to serve as a volunteer for a local Corps program, an individual shall-- ``(I) be at least 18 years of age and willing to accept supervision as required by the local Corps program; ``(II) consent to a criminal background check; and ``(III) meet such other requirements as the local Corps program shall require. ``(ii) Limitation.--Eligibility to be a volunteer for a local Corps program shall not be restricted on the basis of education, employment experience, citizenship, race, color, creed, belief, gender, sexual orientation, national origin, disability, or political affiliation. ``(B) Terms of service.-- ``(i) In general.--An individual may serve as a full- or part-time volunteer for an initial period of not to exceed 2 years. ``(ii) Limitation.--An individual who serves as a volunteer for a local Corps program shall not be considered to be an employee of the local Corps program for purposes of the application of any Federal or State employment- related law. ``(C) Functions.-- ``(i) In general.--A Corps volunteer shall-- ``(I) provide assistance to an older individual or an individual with disabilities who needs additional services to remain in the community; ``(II) provide assistance to give an informal caregiver respite from his or her caregiving duties; ``(III) serve as a companion to older individuals and individuals with disabilities; ``(IV) provide assistance for which such volunteer is qualified, as determined by the local Corps program; and ``(V) not provide personal care or administer prescription medications. ``(ii) Individuals to be served.--To be eligible to obtain Corps volunteer services, an individual shall be an adult aged 65 or older, or an individual eligible for Social Security Disability Insurance, who is in need of assistance to achieve and maintain their highest level of independent living. ``(iii) Required service to individuals.-- The activities of a Corps volunteer shall involve person-to-person relationships with the individuals being served and shall not include the provision of any service to the local Corps program involved. ``(3) Direct benefits.--A local Corps program-- ``(A) shall provide for appropriate recognition of Corps volunteers; and ``(B) may, at the discretion of the local Corps program, provide compensation to a Corps volunteer, in the manner determined appropriate by the local Corps program, which may include stipends, tuition incentives or academic credit, or the banking of volunteer hours for use against future needs for assistance. ``(4) Reporting.--Not less than annually, a local Corps program shall submit to the Secretary a report that contains, with respect to the year for which the report is prepared-- ``(A) aggregate data on the number of Corps volunteers trained, the number of Corps volunteers providing service, the number of hours of service provided, and the number of individuals being served; and ``(B) data to inform the Secretary and local communities of any system and consumer outcome impacts of the local Corps program. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, such sums as may be necessary.''.

Caregiver Corps Act of 2014 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to contract with a nonprofit to develop an online toolkit and guidance providing for the establishment and implementation of Caregiver Corps volunteer programs in which volunteers provide assistance to individuals who are in need of assistance to remain in the community and are either aged 65 or older, or eligible for Social Security Disability Insurance. Requires Caregiver Corps volunteers to provide assistance by giving an informal caregiver respite from caregiving duties, serving as a companion, or providing other assistance for which the volunteer is qualified. Prohibits volunteers from providing personal care or administering prescription medications. Allows the Secretary to award grants for the operation of local Corps programs. Requires local Corps programs to screen, train, and supervise volunteers. Directs local Corps programs to appropriately recognize volunteers. Allows programs to provide compensation to volunteers.

Caregiver Corps Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Investment Improvement Act of 1999''. SEC. 2. SBIC PROGRAM. (a) In General.--Section 308(i)(2) of the Small Business Investment Act of 1958 (15 U.S.C. 687(i)(2)) is amended by adding at the end the following: ``In this paragraph, the term `interest' includes only the maximum mandatory sum, expressed in dollars or as a percentage rate, that is payable with respect to the business loan amount received by the small business concern, and does not include the value, if any, of contingent obligations, including warrants, royalty, or conversion rights, granting the small business investment company an ownership interest in the equity or increased future revenue of the small business concern receiving the business loan.''. (b) Funding Levels.--Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended-- (1) in subsection (d)(1)(C)(i), by striking ``$800,000,000'' and inserting ``$1,200,000,000''; and (2) in subsection (e)(1)(C)(i), by striking ``$900,000,000'' and inserting ``$1,500,000,000''. (c) Definitions.-- (1) Small business concern.--Section 103(5) of the Small Business Investment Act of 1958 (15 U.S.C. 662(5)) is amended-- (A) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), and indenting appropriately; (B) in clause (iii), as redesignated, by adding ``and'' at the end; (C) by striking ``purposes of this Act, an investment'' and inserting the following: ``purposes of this Act-- ``(A) an investment''; and (D) by adding at the end the following: ``(B) in determining whether a business concern satisfies net income standards established pursuant to section 3(a)(2) of the Small Business Act, if the business concern is not required by law to pay Federal income taxes at the enterprise level, but is required to pass income through to the shareholders, partners, beneficiaries, or other equitable owners of the business concern, the net income of the business concern shall be determined by allowing a deduction in an amount equal to the sum of-- ``(i) if the business concern is not required by law to pay State (and local, if any) income taxes at the enterprise level, the net income (determined without regard to this subparagraph), multiplied by the marginal State income tax rate (or by the combined State and local income tax rates, as applicable) that would have applied if the business concern were a corporation; and ``(ii) the net income (so determined) less any deduction for State (and local) income taxes calculated under clause (i), multiplied by the marginal Federal income tax rate that would have applied if the business concern were a corporation;''. (2) Smaller enterprise.--Section 103(12)(A)(ii) of the Small Business Investment Act of 1958 (15 U.S.C. 662(12)(A)(ii)) is amended by inserting before the semicolon at the end the following: ``except that, for purposes of this clause, if the business concern is not required by law to pay Federal income taxes at the enterprise level, but is required to pass income through to the shareholders, partners, beneficiaries, or other equitable owners of the business concern, the net income of the business concern shall be determined by allowing a deduction in an amount equal to the sum of-- ``(I) if the business concern is not required by law to pay State (and local, if any) income taxes at the enterprise level, the net income (determined without regard to this clause), multiplied by the marginal State income tax rate (or by the combined State and local income tax rates, as applicable) that would have applied if the business concern were a corporation; and ``(II) the net income (so determined) less any deduction for State (and local) income taxes calculated under subclause (I), multiplied by the marginal Federal income tax rate that would have applied if the business concern were a corporation''. (d) Technical Corrections.-- (1) Repeal.--Section 303(g) of the Small Business Investment Act of 1958 (15 U.S.C. 683(g)) is amended by striking paragraph (13). (2) Issuance of guarantees and trust certificates.--Section 320 of the Small Business Investment Act of 1958 (15 U.S.C. 687m) is amended by striking ``6'' and inserting ``12''. (3) Elimination of table of contents.--Section 101 of the Small Business Investment Act of 1958 (15 U.S.C. 661 note) is amended to read as follows: ``SEC. 101. SHORT TITLE. ``This Act may be cited as the `Small Business Investment Act of 1958'.''.

Small Business Investment Improvement Act of 1999 - Amends the Small Business Investment Act of 1958 to: (1) define "interest" for purposes of small business loans granted under the Small Business Investment Company (SBIC) program; and (2) increase the FY 1999 and 2000 funding levels for such program. Provides for the determination of an eligible small business or smaller enterprise that is not required to pay Federal income tax at the corporate level but that is required to pass income through to its shareholders or partners by using a specified formula to compute its after-tax income. Requires the Small Business Administration to issue SBIC guarantees and trust certificates at periodic intervals of not less than every 12 (currently, six) months.

Small Business Investment Improvement Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Rights Act of 1964 Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds that-- (1) on December 1, 1955, Rosa Parks' brave act of defiance, refusing to give up her seat to a white person on a segregated bus in Montgomery, Alabama, galvanized the modern civil rights movement and led to the desegregation of the South; (2) on February 1, 1960, 4 college students, Joseph McNeil, Franklin McCain, David Richmond, and Ezell Blair, Jr., asked to be served at a lunch counter in Greensboro, North Carolina, and lunch counter sit-ins began to occur throughout the South to challenge segregation in places of public accommodation; (3) on May 4, 1961, the Freedom Rides into the South began to test new court orders barring segregation in interstate transportation, and riders were jailed and beaten by mobs in several places, including Birmingham and Montgomery, Alabama; (4) Dr. Martin Luther King, Jr., was the leading civil rights advocate of the time, spearheading the civil rights movement in the United States during the 1950s and 1960s with the goal of nonviolent social change and full civil rights for African Americans; (5) on August 28, 1963, Dr. Martin Luther King, Jr., led over 250,000 civil rights supporters in the March on Washington and delivered his famous ``I Have A Dream'' speech to raise awareness and support for civil rights legislation; (6) Mrs. Coretta Scott King, a leading participant in the American civil rights movement, was side-by-side with her husband, Dr. Martin Luther King, Jr., during many civil rights marches, organized Freedom Concerts to draw attention to the Movement, and worked in her own right to create an America in which all people have equal rights; (7) the mass movement sparked by Rosa Parks and led by Dr. Martin Luther King, Jr., among others, called upon the Congress and Presidents John F. Kennedy and Lyndon B. Johnson to pass civil rights legislation which culminated in the enactment of the Civil Rights Act of 1964; (8) the Civil Rights Act of 1964 greatly expanded civil rights protections, outlawing racial discrimination and segregation in public places and places of public accommodation, in federally funded programs and employment and encouraging desegregation in public schools, and has served as a model for subsequent anti-discrimination laws; (9) we are an eminently better Nation because of Rosa Parks, Dr. Martin Luther King, Jr., and all those men and women who have confronted, and continue to confront, injustice and inequality wherever they see it; (10) equality in education was one of the cornerstones of the civil rights movement; (11) on September 10, 1961, Dr. Martin Luther King, Jr., wrote that African American ``students are coming to understand that education and learning have become tools for shaping the future and not devices of privilege for an exclusive few''; (12) over its long and distinguished history, the United Negro College Fund has provided scholarships and operating funds to its member colleges that have enabled more than 300,000 young African Americans to earn college degrees and become successful members of society; (13) those graduates include Dr. Martin Luther King, Jr., as well as leaders in the fields of education, science, medicine, law, entertainment, literature, the military, and politics who have made major contributions to the civil rights movement and the creation of a more equitable society; (14) Congress has an obligation to lead America's continued struggle to fight discrimination and ensure equal rights for all; and (15) the year 2014 will mark the semicentennial of the passage of the Civil Rights Act of 1964. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue not more than 350,000 $1 coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.--The design of the coins minted under this Act shall be emblematic of the enactment of the Civil Rights Act of 1964 and its contribution to civil rights in America. (b) Designation and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``2014''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee established under section 5135 of title 31, United States Code. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2014, except that the Secretary may initiate sales of such coins, without issuance, before such date. (c) Termination of Minting Authority.--No coins shall be minted under this Act after December 31, 2014. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the sum of the face value of the coins, the surcharge required under section 7(a) for the coins, and the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders at a Discount.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) Surcharge Required.--All sales shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the United Negro College Fund (UNCF) to carry out the purposes of the Fund, including providing scholarships and internships for minority students and operating funds and technology enhancement services for 39 member historically black colleges and universities. (c) Audits.--The United Negro College Fund shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Fund under subsection (b).

Civil Rights Act of 1964 Commemorative Coin Act - Requires the Secretary of the Treasury to mint and issue, during 2014, up to 350,000 one-dollar coins designed to be emblematic of the enactment of the Civil Rights Act of 1964 and its contribution to civil rights in America. Requires sales to include a $10 surcharge per coin, which shall be paid to the United Negro College Fund.

A bill to require the Secretary of the Treasury to mint coins in commemoration of the semicentennial of the enactment of the Civil Rights Act of 1964.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Statewide PTV Access Act of 2009''. SEC. 2. SECONDARY TRANSMISSION OF NONCOMMERCIAL STATIONS BY SATELLITE CARRIERS OUTSIDE LOCAL MARKETS. (a) Secondary Transmissions.--Section 119(a)(2)(C) of title 17, United States Code, is amended-- (1) by redesignating clauses (iii), (iv), and (v) as clauses (iv), (v), and (vi), respectively; and (2) by inserting after clause (ii) the following: ``(iii) Noncommercial educational broadcast stations.-- ``(I) Secondary transmissions within state-wide network.--In the case of a State-wide network of noncommercial educational broadcast stations, the statutory license provided for in subparagraph (A) shall apply to the secondary transmission of any noncommercial educational broadcast station in that State-wide network to any subscriber in any county within that State that is located outside that station's local market and is not served by a noncommercial educational television broadcast station that is located within that State. ``(II) State-wide network defined.--In this clause, the term `State-wide network of noncommercial educational broadcast stations' is a network of three or more noncommercial educational broadcast stations that are licensed to a single State, political, educational, or special purpose subdivision of a State, or a single public agency.''. (b) Royalty Fee.--Section 119(b)(1)(B) of title 17, United States Code, is amended by inserting ``or paragraph (2)(C)(iii)'' after ``subscriber under paragraph (3)''. SEC. 3. AMENDMENTS TO THE COMMUNICATIONS ACT OF 1934. (a) In General.--Section 325(b)(2) of the Communications Act of 1934 (47 U.S.C. 325 (b)(2)) is amended-- (1) by striking ``or'' at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting ``; or''; and (3) by inserting after subparagraph (E) the following new subparagraph: ``(F) to retransmission of the signal of a television broadcast station outside the station's local market by a satellite carrier directly to its subscribers, if-- ``(i) such station is a part of a network of three or more noncommercial educational broadcast stations that are licensed to a single State, political, educational, or special purpose subdivision of a State, or a single public agency; and ``(ii) the satellite carrier retransmits the secondary signal of such eligible noncommercial educational broadcast station only to its subscribers-- ``(I) located in any county within that State that is located outside that station's local market; and ``(II) not served by another noncommercial educational broadcast station that is located within that State;''. (b) Distant Signals.--Section 339(a)(1) of the Communications Act of 1934 (47 U.S.C. 339 (a)(1)) is amended by adding at the end the following new subparagraph: ``(C) In the case of a network of three or more noncommercial educational broadcast stations that are licensed to a single State, political, educational, or special purpose subdivision of a State, or public agency, a satellite carrier may carry the signals of such network to all subscribers in any county within that State that is located outside that station's designated market area and is not served by another noncommercial educational broadcast station located within that State.''.

Statewide PTV Access Act of 2009 - Permits a satellite carrier to retransmit the signals of a state-wide network of noncommercial educational broadcast stations to any subscriber in any county within such state that is: (1) outside that station's local market; and (2) not served by an in-state noncommercial educational television broadcast station. Amends the Communications Act of 1934 to permit a satellite carrier to retransmit the signals of a television broadcast station outside the station's local market directly to its subscribers if: (1) such station is a part of a network of three or more noncommercial educational broadcast stations that are licensed to a single state, political, educational, or special purpose subdivision of a state, or to a single public agency; and (2) the carrier retransmits such signal only to subscribers in a county within that state that is outside the station's local market and is not served by another in-state noncommercial educational broadcast station.

To amend section 119 of title 17, United States Code, and the Communications Act of 1934 to permit satellite carriers to retransmit the signals of certain noncommercial, educational broadcast stations outside their local markets, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Veterans Equitable Treatment Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Veterans were promised by the Federal Government that for their service to the country they would be provided a lifetime of health care services, as well as their own health care service network. (2) The current allocation system for appropriations made to the Department of Veterans Affairs for medical care, known as the Veterans Equitable Resource Allocation (VERA) formula and established by the Secretary of Veterans Affairs pursuant to section 429 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (Public Law 104-204; 110 Stat. 2929), has proved to be an ineffective means of allocating such funds fairly across the 22 national service regions, known as Veterans Integrated Service Networks (VISNs), of the Department of Veterans Affairs. (3) The VERA formula has resulted in a system in which veterans in some regions of the country are forced to compete with veterans in other regions for critical medical care funds, whereas the system should be providing the funding necessary to meet the health care needs of all veterans, regardless of where they live, to ensure that all veterans have access to the level and quality of care that they have all earned and deserve. (4) The Secretary of Veterans Affairs established a set of performance goals in fiscal year 2000, which are referred to as ``30-30-20'', representing the Secretary's goal to schedule nonurgent primary care visits within 30 days, specialty care visits within 30 days, and the maximum amount of time veterans must wait once they arrive to be seen by a doctor as 20 minutes. (5) According to the Department's Performance Report for Fiscal Year 2001, nationally 87 percent of primary care appointments were scheduled within 30 days of the desired date and 84 percent of specialty care appointments were scheduled within 30 days of the desired date, while in VISN 1, only 82 percent of primary care appointments were scheduled within 30 days of the desired date and only 80 percent of specialty care appointments were scheduled within 30 days of the desired date. (6) Until the VERA formula is changed to ensure a more equitable and adequate distribution of medical care funding within the Department of Veterans Affairs system, providing appropriate access to medical care for the Nation's veterans must remain a national priority with a method found to provide a safety net that will ensure that veterans have access to the health care they need without undermining the existing health care network of the Department of Veterans Affairs. SEC. 3. STANDARD FOR TIME FOR REFERRAL FOR SPECIALIST CARE. (a) Time for Specialist Appointments.--(1) The Secretary of Veterans Affairs shall establish by regulation a maximum specialist referral period, subject to such exceptions as the Secretary considers necessary. (2) For purposes of paragraph (1), the term ``specialist referral period'' means the period of time between (A) the date on which a veteran is referred to a specialty clinic of the Department by the veteran's primary care physician within the Department of Veterans Affairs health care system, and (B) the date for which the veteran is scheduled for an appointment with a Department specialist pursuant to such referral. (3) In establishing a maximum specialist referral period under paragraph (1), the Secretary shall act in a manner consistent with the current treatment policies of the Department based on clinical need and with the established 30-30-20 performance goal of the Department for such a referral period. (b) Standard for Transportation.--The Secretary shall take such steps as necessary to ensure that the Department of Veterans Affairs is able to provide appropriate transportation services for qualified veterans within a reasonable time period of a scheduled appointment. SEC. 4. CONTRACT CARE TO BE PROVIDED WHEN DEPARTMENT OF VETERANS AFFAIRS CARE NOT AVAILABLE IN ACCORDANCE WITH STANDARDS. (a) Contract Care.--In any case in which the Secretary of Veterans Affairs is not able to provide hospital care or medical services in accordance with the standard prescribed under section 3(a) or to provide transportation services in accordance with section 3(b), the Secretary shall promptly provide for such care or transportation from a private source. Hospital care or medical services so provided shall be those for which the veteran is otherwise eligible within the Department of Veterans Affairs medical care system. (b) Reimbursement Rate.--Whenever care or services are provided under subsection (a), the Secretary shall reimburse the provider of such care or services for the reasonable value of such care or services, as determined by the Secretary. Such reimbursement shall be provided in the same manner as applies to reimbursement for emergency treatment under section 1725 of title 38, United States Code, subject to such of the terms and conditions otherwise applicable to such reimbursements under such section as the Secretary determines to be appropriate for purposes of this section. (c) Expedited Reimbursement Procedures.--The Secretary shall take appropriate steps to expedite the reimbursement required by subsection (b). Such steps may include steps to take advantage of modern technology, including so-called ``smart card'' technology that would allow claims for such reimbursement to be processed electronically. The Secretary shall, to the extent possible, also apply such steps for expediting reimbursement to claims for emergency services provided to veterans for which the Secretary provides reimbursement under provisions of law in effect before the date of the enactment of this Act. SEC. 5. TERMINATION OF 24-MONTH RULE FOR REIMBURSEMENT FOR EMERGENCY SERVICES. The provisions of subparagraph (B) of section 1725(b)(2) of title 38, United States Code, shall not apply with respect to emergency treatment furnished on or after the date of the enactment of this Act. SEC. 6. MEDICAL ADMINISTRATOR PERFORMANCE RATINGS. The Secretary of Veterans Affairs shall include in the standards of performance used for measuring performance of administrators in the Department of Veterans Affairs medical care system a standard of assessing improvements in appointment waiting times. SEC. 7. REPORTS. The Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report at the end of each fiscal-year quarter on the waiting times for appointments in the Department of Veterans Affairs medical care system. The report shall describe any reductions in such waiting times and any experience with appointment delays.

21st Century Veterans Equitable Treatment Act - Directs the Secretary of Veterans Affairs to: (1) establish a maximum specialist referral period (the period between a veteran's referral to a specialty clinic of the Department of Veterans Affairs by a Department primary care physician and the actual appointment with a specialist); and (2) provide appropriate transportation to such appointments for qualified veterans.Requires the Secretary, in any case in which such period is exceeded or in which transportation was not so provided, to promptly provide for such care or transportation from a private source and to reimburse such source at an appropriate rate. Requires expedited reimbursement procedures.Directs the Secretary to include within standards of performance used for measuring Department medical care administration a standard of assessing improvements in appointment waiting times.

To amend title 38, United States Code, to provide for a more equitable geographic allocation of funds appropriated to the Department of Veterans Affairs for medical care.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Natural Gas Pipeline Improvement Act of 2011''. SEC. 2. FINDINGS. Congress finds that-- (1) North American demand for natural gas is expected to increase dramatically over the course of the next several decades, as described in section 114 of the Alaska Natural Gas Pipeline Act of 2004 (15 U.S.C. 720l); (2) although North American natural gas supplies are adequate to meet customer needs in calendar years 2011 and 2012 and for the near future, the availability of Alaska gas as an additional domestic source would further shield the United States from any future reliance on overseas energy supplies in the years ahead; (3) 2 military installations in the Fairbanks North Star Borough, Alaska, Fort Wainwright and Eielson Air Force Base-- (A) are a central component of the ability of the United States to project power over a vast area of the Pacific region; (B) are home to approximately 23,000 military members and families; (C) are located along or relatively adjacent to any cost-effective Alaska natural gas pipeline project corridor; and (D) would benefit from access to affordable natural gas supplies drawn from the proposed Alaska natural gas pipeline project, freeing up funding for pursuing mid- term and long-term renewable energy goals; (4) the Fairbanks North Star Borough-- (A) suffers from a thermal inversion that traps particulate emissions and other air pollutants; and (B) has been declared a nonattainment zone for failing to achieve reductions in particulate matter by the Environmental Protection Agency; (5) the availability of affordable clean-burning natural gas would significantly improve air quality in the public health interest of Borough residents; (6) the most logical route for an Alaska natural gas transportation project (as defined in section 102 of the Alaska Natural Gas Pipeline Act of 2004 (15 U.S.C. 720)) would travel through Atigun Pass; (7) Atigun Pass-- (A) holds both the James W. Dalton Highway and the trans-Alaska oil pipeline, both of which are essential to the strategically important operation of North Slope oil fields; and (B) is the highest-altitude point on the Dalton Highway (with an elevation of 4,739 feet or 1,422 meters) and is on the Continental Divide; (8) space constraints and difficulties of Arctic construction in Atigun Pass restrict the available right-of- way, allowing room for only 1 additional pipeline in the preferred route through the Pass; (9) the public interest would best be served by all proponents of a natural gas pipeline from the Alaska North Slope agreeing on a single project that-- (A) passes through Atigun Pass, taking advantage of the preferred right-of-way and avoiding costly duplication of design, permitting, and construction expenses that would fall on consumers; and (B) serves Alaskans and other North American consumers; and (10) a natural gas pipeline with sufficient capacity to facilitate economic transportation of natural gas as part of a Alaska natural gas transportation project (as defined in section 102 of the Alaska Natural Gas Pipeline Act of 2004 (15 U.S.C. 720)) is in the national interest. SEC. 3. DEFINITION OF ALASKA NATURAL GAS TRANSPORTATION PROJECT. Section 102 of the Alaska Natural Gas Pipeline Act of 2004 (15 U.S.C. 720) is amended by striking paragraph (2) and inserting the following: ``(2) Alaska natural gas transportation project.--The term `Alaska Natural Gas Transportation Project' means-- ``(A) any natural gas pipeline system that carries Alaska natural gas to the border between Alaska and Canada (including related facilities subject to the jurisdiction of the Commission) that is authorized under-- ``(i) the Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719 et seq.); or ``(ii) section 103; and ``(B) any pipeline segment that the Commission finds could feasibly be incorporated into and serve as an integrated segment of the system described in subparagraph (A) (including the construction and operation of the segment), which shall be subject to this Act and the jurisdiction of the Commission under the Natural Gas Act (15 U.S.C. 717 et seq.), regardless of whether the segment-- ``(i) is proposed and constructed prior to the construction of the entire system described in subparagraph (A); or ``(ii) initially transports Alaska natural gas solely for delivery to consumers within the State of Alaska.''.

Alaska Natural Gas Pipeline Improvement Act of 2011 - Amends the Alaska Natural Gas Pipeline Act of 2004 to include in the Alaska Natural Gas Transportation Project (carrying Alaska natural gas to the Canadian border) any pipeline segment that the Federal Energy Regulatory Commission (FERC) finds could feasibly be incorporated into and serve as an integrated segment of that system, regardless of whether it: (1) is proposed and constructed before construction of the entire system, or (2) initially transports natural gas solely for delivery to customers within Alaska.

A bill to amend the Alaska Natural Gas Pipeline Act of 2004 to promote the availability of affordable, clean-burning natural gas to North American markets, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ottawa National Wildlife Refuge Complex Expansion and Detroit River International Wildlife Refuge Expansion Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the western basin of Lake Erie, as part of the Great Lakes ecosystem-- (A) is the largest freshwater ecosystem in the world; and (B) is vitally important to the economic and environmental future of the United States; (2) over the 30-year period preceding the date of enactment of this Act, the citizens and governmental institutions of the United States and Canada have devoted increasing attention and resources to the restoration of the water quality and fisheries of the Great Lakes, including the western basin; (3) that increased awareness has been accompanied by a gradual shift toward a holistic ecosystem approach that highlights a growing recognition that shoreline areas, commonly referred to as nearshore terrestrial ecosystems, are an integral part of the western basin and the Great Lakes ecosystem; (4) the Great Lakes account for more than 90 percent of the surface freshwater in the United States; (5) the western basin receives approximately 90 percent of its flow from the Detroit River and only approximately 10 percent from tributaries; (6) the western basin is an important ecosystem that includes a number of distinct islands, channels, rivers, and shoals that support dense populations of fish, wildlife, and aquatic plants; (7) coastal wetland of Lake Erie supports the largest diversity of plant and wildlife species in the Great Lakes; (8) because Lake Erie is located at a more southern latitude than other Great Lakes, the moderate climate of Lake Erie is appropriate for many species that are not found in or along the northern Great Lakes; (9) more than 300 species of plants, including 37 significant species, have been identified in the aquatic and wetland habitats of the western basin; (10) the shallow western basin of Lake Erie, extending from the Lower Detroit River to Sandusky Bay, is home to the greatest concentration of marshes in Lake Erie, including-- (A) Mouille, Metzger, and Magee marshes; (B) the Maumee Bay wetland complex; (C) the wetland complexes flanking Locust Point; and (D) the wetland in Sandusky Bay; (11) the larger islands of the United States in western Lake Erie have wetland in small embayments; (12) the wetland in the western basin comprises some of the most important waterfowl habitat in the Great Lakes; (13) waterfowl, wading birds, shore birds, gulls and terns, raptors, and perching birds use the wetland in the western basin for migration, nesting, and feeding; (14) hundreds of thousands of diving ducks stop to rest in the Lake Erie area during autumn migration from Canada to points east and south; (15) the wetland of the western basin provides a major stopover for ducks, such as migrating bufflehead, common goldeneye, common mergansers, and ruddy duck; (16) the international importance of Lake Erie is indicated in the United States by congressional designation of the Ottawa and Cedar Point National Wildlife Refuges; (17)(A) Lake Erie has an international reputation for walleye, perch, and bass fishing, recreational boating, birding, photography, and duck hunting; and (B) on an economic basis, tourism in the Lake Erie area accounts for an estimated $1,500,000,000 in retail sales and more than 50,000 jobs; (18)(A) many of the 417,000 boats that are registered in the State of Ohio are used in the western basin, in part to fish for the estimated 10,000,000 walleye that migrate from the lake to spawn; and (B) that internationally renowned walleye fishery drives much of the $2,000,000,000 sport fishing industry in the State of Ohio; (19) coastal wetland in the western basin has been subjected to intense pressure for 150 years; (20) prior to 1850, the western basin was part of an extensive coastal marsh and swamp system consisting of approximately 122,000 hectares that comprised a portion of the Great Black Swamp; (21) by 1951, only 12,407 wetland hectares remained in the western basin; (22) 50 percent of that acreage was destroyed between 1972 and 1987, leaving only approximately 5,000 hectares in existence today; (23) along the Michigan shoreline, coastal wetland was reduced by 62 percent between 1916 and the early 1970s; (24) the development of the city of Monroe, Michigan, has had a particularly significant impact on the coastal wetland at the mouth of the Raisin River; (25) only approximately 100 hectares remain physically unaltered today in an area in which, 70 years ago, marshes were 10 times more extensive; (26) in addition to the actual loss of coastal wetland acreage along the shores of Lake Erie, the quality of much remaining dike wetland has been degraded by numerous stressors, especially excessive loadings of sediments and nutrients, contaminants, shoreline modification, exotic species, and the diking of wetland; and (27) protective peninsula beach systems, such as the former Bay Point and Woodtick, at the border of Ohio and Michigan near the mouth of the Ottawa River and Maumee Bay, have been eroded over the years, exacerbating erosion along the shorelines and negatively affecting breeding and spawning grounds. SEC. 3. DEFINITIONS. In this Act: (1) International refuge.--The term ``International Refuge'' means the Detroit River International Wildlife Refuge established by section 5(a) of the Detroit River International Wildlife Refuge Establishment Act (16 U.S.C. 668dd note; 115 Stat. 894). (2) Refuge complex.--The term ``Refuge Complex'' means the Ottawa National Wildlife Refuge Complex and the lands and waters in the complex, as described in the document entitled ``The Comprehensive Conservation Plan for the Ottawa National Wildlife Refuge Complex'' and dated September 22, 2000, including-- (A) the Ottawa National Wildlife Refuge, established by the Secretary in accordance with the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.); (B) the West Sister Island National Wildlife Refuge established by Executive Order No. 7937, dated August 2, 1937; and (C) the Cedar Point National Wildlife Refuge established by the Secretary in accordance with the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Western basin.-- (A) In general.--The term ``western basin'' means the western basin of Lake Erie, consisting of the land and water in the watersheds of Lake Erie extending from the watershed of the Lower Detroit River in the State of Michigan to and including Sandusky Bay and the watershed of Sandusky Bay in the State of Ohio. (B) Inclusion.--The term ``western basin'' includes the Bass Island archipelago in the State of Ohio. SEC. 4. EXPANSION OF BOUNDARIES. (a) Refuge Complex Boundaries.-- (1) Expansion.--The boundaries of the Refuge Complex are expanded to include land and water in the State of Ohio from the eastern boundary of Maumee Bay State Park to the eastern boundary of the Darby Unit (including the Bass Island archipelago), as depicted on the map entitled ``Ottawa National Wildlife Refuge Complex Expansion and Detroit River International Wildlife Refuge Expansion Act'' and dated September 6, 2002. (2) Availability of map.--The map referred to in paragraph (1) shall be available for inspection in appropriate offices of the United States Fish and Wildlife Service. (b) Boundary Revisions.--The Secretary may make such revisions of the boundaries of the Refuge Complex as the Secretary determines to be appropriate to facilitate the acquisition of property within the Refuge Complex. (c) Acquisition.-- (1) In general.--Subject to paragraph (2), the Secretary may acquire by donation, purchase with donated or appropriated funds, or exchange the land and water, and interests in land and water (including conservation easements), within the boundaries of the Refuge Complex. (2) Manner of Acquisition.--Any and all acquisitions of land or waters under the provisions of this Act shall be made in a voluntary manner and shall not be the result of forced takings. (d) Transfers From Other Agencies.--Administrative jurisdiction over any Federal property that is located within the boundaries of the Refuge Complex and under the administrative jurisdiction of an agency of the United States other than the Department of the Interior may, with the concurrence of the head of the administering agency, be transferred without consideration to the Secretary for the purpose of this Act. (e) Study of Associated Area.-- (1) In general.--The Secretary, acting through the Director of the United States Fish and Wildlife Service, shall conduct a study of fish and wildlife habitat and aquatic and terrestrial communities in and around the 2 dredge spoil disposal sites that are-- (A) referred to by the Toledo-Lucas County Port Authority as ``Port Authority Facility Number Three'' and ``Grassy Island'', respectively; and (B) located within Toledo Harbor near the mouth of the Maumee River. (2) Report.--Not later than 18 months after the date of enactment of the Act, the Secretary shall-- (A) complete the study under paragraph (1); and (B) submit to Congress a report on the results of the study. SEC. 5. EXPANSION OF INTERNATIONAL REFUGE BOUNDARIES. The southern boundary of the International Refuge is extended south to include additional land and water in the State of Michigan located east of Interstate Route 75, extending from the southern boundary of Sterling State Park to the Ohio State boundary, as depicted on the map referred to in section 4(a)(1). SEC. 6. ADMINISTRATION. (a) Refuge Complex.-- (1) In general.--The Secretary shall administer all federally owned land, water, and interests in land and water that are located within the boundaries of the Refuge Complex in accordance with-- (A) the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.); and (B) this Act. (2) Additional authority.--The Secretary may use such additional statutory authority available to the Secretary for the conservation of fish and wildlife, and the provision of opportunities for fish- and wildlife-dependent recreation, as the Secretary determines to be appropriate to carry out this Act. (b) Additional Purposes.--In addition to the purposes of the Refuge Complex under other laws, regulations, Executive orders, and comprehensive conservation plans, the Refuge Complex shall be managed-- (1) to strengthen and complement existing resource management, conservation, and education programs and activities at the Refuge Complex in a manner consistent with the primary purposes of the Refuge Complex-- (A) to provide major resting, feeding, and wintering habitats for migratory birds and other wildlife; and (B) to enhance national resource conservation and management in the western basin; (2) in partnership with nongovernmental and private organizations and private individuals dedicated to habitat enhancement, to conserve, enhance, and restore the native aquatic and terrestrial community characteristics of the western basin (including associated fish, wildlife, and plant species); (3) to facilitate partnerships among the United States Fish and Wildlife Service, Canadian national and provincial authorities, State and local governments, local communities in the United States and Canada, conservation organizations, and other non-Federal entities to promote public awareness of the resources of the western basin; and (4) to advance the collective goals and priorities that-- (A) were established in the report entitled ``Great Lakes Strategy 2002--A Plan for the New Millennium'', developed by the United States Policy Committee, comprised of Federal agencies (including the United States Fish and Wildlife Service, the National Oceanic and Atmospheric Administration, the United States Geological Survey, the Forest Service, and the Great Lakes Fishery Commission) and State governments and tribal governments in the Great Lakes basin; and (B) include the goals of cooperating to protect and restore the chemical, physical, and biological integrity of the Great Lakes basin ecosystem. (c) Priority Uses.--In providing opportunities for compatible fish- and wildlife-dependent recreation, the Secretary, in accordance with paragraphs (3) and (4) of section 4(a) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refuge Complex. (d) Cooperative Agreements Regarding Non-Federal Land.--To promote public awareness of the resources of the western basin and encourage public participation in the conservation of those resources, the Secretary may enter into cooperative agreements with the State of Ohio or Michigan, any political subdivision of the State, or any person for the management, in a manner consistent with this Act, of land that-- (1) is owned by the State, political subdivision, or person; and (2) is located within the boundaries of the Refuge Complex. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary-- (1) to acquire land and water within the Refuge Complex under section 4(c); (2) to carry out the study under section 4(e); and (3) to develop, operate, and maintain the Refuge Complex. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed in the House on April 1, 2003. The summary of that version is repeated here.)Ottawa National Wildlife Refuge Complex Expansion and Detroit River International Wildlife Refuge Expansion Act - (Sec. 4) Expands the Ottawa National Wildlife Refuge Complex to include specified land and water in the State of Ohio. Permits the Secretary of the Interior to acquire by donation, purchase, or exchange the land and water and interests in land and water within the boundaries of the Complex.Directs the Secretary, acting through the Director of the United States Fish and Wildlife Service, to study and report to Congress on fish and wildlife habitat and aquatic and terrestrial communities in and around two specified dredge spoil disposal sites in Toledo Harbor.(Sec. 5) Expands the southern boundary of the Detroit River International Wildlife Refuge (the Refuge) to include additional land and water located in the State of Michigan east of Interstate Route 75.(Sec. 6) Prescribes requirements for administration of the Complex. Directs the Secretary to administer all Federally owned land, water, and interests in land and water that are located within the boundaries of the Complex in accordance with this Act and the National Wildlife Refuge System Administration Act of 1966.States that the Complex shall be managed to strengthen and complement existing resource management, conservation, and education programs and activities in order to facilitate: (1) the provision of major resting, feeding, and wintering habits for migratory birds and other wildlife; and (2) the enhancement of national resource conservation and management in the western basin. States other purposes for which the Complex shall be managed, including to protect and restore the chemical, physical, and biological integrity of the Great Lakes basin ecosystem.Directs the Secretary to ensure that hunting, trapping, fishing, wildlife observation and photography, and environmental education and interpretation shall be the priority public uses of the Complex.(Sec. 7) Authorizes appropriations.

To expand the boundaries of the Ottawa National Wildlife Refuge Complex and the Detroit River International Wildlife Refuge.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Roosevelt Lake Recreation Area Fee Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The Roosevelt Lake Recreation Area in the Tonto National Forest in the State of Arizona is changing as a result of drastically increasing population in the communities near the recreation area and modifications in Roosevelt Dam. (2) The current annual funding of $300,000 for the recreation area does not allow for even minimal maintenance and operation of the newly emerging $40,000,000 recreational area. (3) The anticipated number of persons using the facilities of the recreation area requires additional funding to provide minimum sanitary and safety related service at the recreation area as well as management of the environment and riparian areas. (4) The quality of services provided at the recreation area and the integrity of the environment could best be served by maintaining public, rather than private, management of the recreation area. (5) The users of units of the National Forest System have demonstrated a willingness to pay a user fee for maintenance and operation if the locally collected funds are returned to the unit. (b) Purpose.--It is the purpose of this Act to use funds generated from fees charged in connection with the recreational use of the Roosevelt Lake Recreational Area-- (1) to assure adequate funding of maintenance and operation of the recreation area; (2) to provide additional funding to the county in which the recreation area is located, enabling the county to increase investment in facilities and services related to public safety, sanitation, and the recreational environment; and (3) to allow increased funding for the protection of the bald eagle nesting areas, the Canadian geese wintering grounds, and the Roosevelt Lake wildlife refuges at the recreation area. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Recreation area.--The term ``recreation area'' means the Roosevelt Lake Recreation Area in the Tonto National Forest in the State of Arizona. (2) Recreation site.--The term ``recreation site'' means a campground, picnic ground, swimming site, boat launch site, lake access site, or other man-made or natural recreational facility in the recreation area. (3) Recreation use fee; fee.--The terms ``recreation use fee'' or ``fee'' mean a fee that is charged for the use of a recreation site in the recreation area. (4) Recreation use pass.--The term ``recreation use pass'' means a document that entitles the holder access and use of recreation sites in the recreation area for a specified period of time. (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 4. TEMPORARY AUTHORITY TO COLLECT RECREATION USE FEES. (a) Recreation Use Fee Authorized.--Except as provided in subsection (b), the Secretary may establish and collect recreation use fees at designated recreation sites within the recreation area. (b) Exceptions.--The Secretary may not impose or collect a recreation use fee for the use or provision in the recreation area, either singly or in any combination, of drinking water, wayside exhibits, toilet facilities, general purpose roads, overlook sites, or general information. The Secretary may not impose or collect a fee from any officer or employee of the Federal Government or State or local government authorized by the Secretary to perform administrative duties at recreation sites in the recreation area. (c) Establishment and Collection.--Establishment and collection of recreation use fees shall be made in accordance with subsections (d) and (e) of section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a). The Secretary may authorize the collection of fees by volunteers in accordance with subsection (k) of such section. (d) Golden Age Passport and Golden Access Passport.--Any person holding a valid Golden Age Passport or Golden Access Passport issued under paragraph (4) or (5) of section 4(a) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)) shall be entitled upon presentation of such passport to use a recreation site within the recreation area at a rate equal to 50 percent of the recreation use fee otherwise applicable to such recreation site. (e) Effect on Other Laws.--Recreation use fees established under this section for use of recreation sites in the recreation area shall be in lieu of any recreation use fees for such recreation sites under section 4(b) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(b)) or section 1401 of the Omnibus Budget Reconciliation Act of 1993 (16 U.S.C. 460l-6c). SEC. 5. TEMPORARY AUTHORITY TO SELL RECREATION USE PASSES. (a) Recreation Use Pass Authorized.--The Secretary shall make available for purchase recreation use passes for the use on a daily or annual basis of recreation sites in the recreation area otherwise subject to a recreation use fee. Use of an annual recreation use pass shall be subject to any single stay time limits imposed on the recreation site. (b) Availability.--The Secretary may have recreation use passes available for sale at any recreation site for which a recreation use fee is charged or at other convenient locations. (c) Use of Pass.--The recreation use pass shall apply to-- (1) the pass holder and any person accompanying the pass holder in a single, private, noncommercial vehicle; or (2) the pass holder and the spouse, children, and parents of the pass holder accompanying the pass holder where entry to a recreation site is by any means other than a private, noncommercial vehicle. (d) Golden Age Passport and Golden Access Passport.--Any person holding a valid Golden Age Passport or Golden Access Passport issued under paragraph (4) or (5) of section 4(a) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)) shall be entitled upon presentation of such passport to purchase of a recreation use pass for the recreation area at a rate equal to 50 percent of the purchase price otherwise applicable to the recreation use pass. (e) Rules and Regulations, Enforcement Powers.--Recreation use passes sold under this section shall be nontransferable. The unlawful use of a recreation use pass shall be punishable in accordance with regulations established under section 4(e) of the Land and Water Conservation Fund Act of 1964 (16 U.S.C. 460l-6a(e)). SEC. 6. TERMINATION OF AUTHORITY. (a) Termination.--The authority of the Secretary to establish or collect fees under section 4 or sell recreation use passes under section 5 shall expire at the end of the seven-year period beginning on the date of the enactment of this Act. Termination of such authority shall not affect the validity of any annual recreation use pass sold under section 5 before that date. (b) Report.--Not later than six years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives a report evaluating the authority provided by sections 4 and 5 regarding recreation use fees and recreation use passes. The report shall include any recommendations of the Secretary for modifying the authority, for extending the authority beyond the date specified in subsection (a), or for extending the authority to other units of the National Forest System. SEC. 7. DISPOSITION OF RECREATION USE FEES AND FUNDS FROM SALES OF RECREATION USE PASSES. (a) Deposit of Funds.--Notwithstanding paragraphs (1), (2), or (3) of section 4(i) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(i)), recreation use fees collected under section 4 and amounts received from sales of recreation use passes under section 5 shall be deposited in a special account in the Treasury. (b) Use of Funds.-- (1) Operation, maintenance, and other uses.--In such amounts as are provided in advance in appropriation Acts, the Secretary may use amounts in the special account to provide supplemental funds for operation, maintenance, and management of recreation sites within the recreation area, for interpretation and management of resources in the recreation area, and for administrative costs associated with such activities. (2) Payments to states and counties.--Recreation use fees collected under section 4 and amounts received for recreation use passes sold under section 5 shall be considered as money received for purpose of computing and distributing payments to States and counties pursuant to the Act of May 23, 1908 (16 U.S.C. 500). (c) Roads and Trails.--Recreation use fees collected under section 4 and amounts received for recreation use passes sold under section 5 shall not be considered as money received for purpose of the fourteenth paragraph under the heading ``forest service'' of the Act of March 4, 1913 (16 U.S.C. 501).

Roosevelt Lake Recreation Area Fee Act - Authorizes the Secretary of Agriculture to establish and collect recreation use fees and to sell recreation use passes at designated recreation sites within the Roosevelt Lake Recreation Area in the Tonto National Forest, Arizona. Prohibits the Secretary from: (1) collecting such fees for the use or provision in the Area of drinking water, wayside exhibits, toilet facilities, general purpose roads, overlook sites, or general information; or (2) imposing or collecting a fee from Federal, State, or local officers or employees authorized by the Secretary to perform administrative duties at recreation sites in the Area. Entitles holders of valid Golden Age Passports or Golden Access Passports to use a recreation site within the Area for half the applicable recreation use fee. Provides that such fees shall be in lieu of any recreation use fee. Provides that such fees shall be lieu of any recreation use fees for such sites under the Land and Water Conservation Fund Act of 1965 or the Omnibus Budget Reconciliation Act of 1993. (Sec. 6) Terminates the authority of the Secretary to establish and collect fees or to sell such passes at the end of the seven-year period beginning on the enactment of this Act. Requires the Secretary to report to specified congressional committees regarding modifying or extending the authority to sell recreation use fees and passes. (Sec. 7) Requires the funds received from recreation use fees and passes sold to be deposited in a special account in the Treasury. Permits Fund amounts to be used for: (1) operation, maintenance, and management of recreation sites within the Area; (2) interpretation and management of the Area's resources; and (3) administrative costs associated with such activities.

Roosevelt Lake Recreation Area Fee Act

ON THE BUDGET FOR FISCAL YEAR 2002 SEC. 201. ADJUSTMENTS TO THE FISCAL YEAR 2002 BUDGET RESOLUTION. The concurrent resolution on the budget for fiscal year 2002 (H. Con. Res. 83, 107th Congress, 1st session) is amended as follows: (1) Section 101(2) (relating to total new budget authority) is amended to read as follows: ``Fiscal year 2002: $1,648,921,000,000.''. (2) Section 101(3) (relating to total budget outlays) is amended to read as follows: ``Fiscal year 2002: $1,611,036,000,000.''. (3) Section 101(4) (relating to the surplus) is amended to read as follows: ``Fiscal year 2002: $27,166,000,000.''. (4) Section 101(5) (relating to the public debt) is amended to read as follows: ``Fiscal year 2002: $5,738,007,000,000.''. (5) Section 101(6) (relating to debt held by the public) is amended to read as follows: ``Fiscal year 2002: $3,058,429,000,000.''. (6) Section 102(18) (relating to net interest (900)) is amended to read as follows: ``Fiscal Year 2002: ``(A) New budget authority, $262,639,000,000. ``(B) Outlays, $262,639,000,000.''. (7) Section 102(19) (relating to allowances (920)) is amended to read as follows: ``Fiscal Year 2002: ``(A) New budget authority, $15,948,000,000. ``(B) Outlays, $16,340,000,000.''. SEC. 202. ADDITIONAL REQUIREMENTS RESPECTING THE FISCAL YEAR 2002 BUDGET RESOLUTION. (a) Conforming Changes.--The chairman of the Committee on the Budget of the House of Representatives and the chairman of the Committee on the Budget of the Senate shall each make necessary conforming changes for fiscal years 2003 through 2011 (as appropriate) in total new budget authority, total budget outlays, the surplus or deficit, public debt, debt held by the public, net interest (900), and allowances (920), as set forth in the concurrent resolution on the budget for fiscal year 2002. Such changed levels shall be deemed to be levels set forth in the concurrent resolution on the budget for fiscal year 2002 for all purposes under titles III and IV of the Congressional Budget Act of 1974. (b) Revised Section 302(a) Allocations for Fiscal Year 2002.-- (1) It is the intent of this subsection that the section 302(a) allocations to the Committee on Appropriations of each House for fiscal year 2002 will be increased to $683,201,000,000 in new budget authority and $702,806,000,000 in outlays. (2) Upon the enactment of this Act, the chairman of the Committee on the Budget of the House of Representatives and the chairman of the Committee on the Budget of the Senate shall each make the appropriate adjustments in the section 302(a) allocations to the Committee on Appropriations of its House, as initially made by the explanatory joint statement of managers accompanying the conference report on the concurrent resolution on the budget for fiscal year 2002, to the extent necessary to carry out revisions and changes made by section 201. (c) Publication in the Congressional Record.--The chairman of the Committee on the Budget of the House of Representatives and the chairman of the Committee on the Budget of the Senate shall each have published in the Congressional Record the changes and revisions made pursuant to subsections (a) and (b). (d) Appropriate Levels.--Section 221(d)(2) of the concurrent resolution on the budget for fiscal year 2002 (H. Con. Res. 83, 107th Congress, 1st session) is repealed. TITLE III--TECHNICAL CORRECTIONS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985 SEC. 301. TECHNICAL CORRECTIONS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985. Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended as follows: (1) In section 250(a), strike ``GENERAL AND SPECIAL SEQUESTRATION RULES'' and insert ``General and special sequestration rules'' in the item related to section 256. (2) In subparagraphs (F), (G), (H), (I), (J), and (K) of section 250(c)(4), insert ``subparagraph'' after ``described in'' each place it appears. (3) In section 250(c)(18), insert ``of'' after ``expenses''. (4) In section 251(b)(1)(A), strike ``committees'' the first place it appears and insert ``Committees''. (5) In section 251(b)(1)(C)(i), strike ``fiscal years'' and insert ``fiscal year''. (6) In section 251(b)(1)(D)(ii), strike ``fiscal years'' and insert ``fiscal year''. (7) In section 252(b)(2)(B), insert ``the'' before ``budget year''. (8) In section 251(c)(5), move subparagraph (A) 2 ems to the right. (9) In section 252(c)(1)(C), strike ``paragraph (1)'' and insert ``subsection (b)''. (10) Amend section 254(c)(3)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 to read as follows: ``(A) The amount of the sequestration, if any, calculated under section 252(b).''. (11) In section 254(f)(4), strike ``subsection'' and insert ``section'' and strike ``sequesterable'' and insert ``sequestrable''. (12) In section 255(g)(1)(B), move the item relating to the Railroad supplemental annuity pension fund 2 ems to the right. (13) In section 255(g)(2), insert ``and'' after the semicolon in the item relating to the Rail service assistance. (14) In section 255(h)-- (A) strike ``and'' after the semicolon in the item relating to the Supplemental Security Income Program; (B) insert ``and'' after the semicolon in the item relating to the Special supplemental nutrition program for women, infants, and children; and (C) strike the semicolon at the end and insert a period. (15) In section 256(k)(1), strike ``paragraph (5)'' and insert ``paragraph (6)''. (16) In section 257(b)(2)(A)(i), strike ``differenes'' and insert ``differences''. (17) In section 258(a)(1), strike ``section 254(j)'' both places it appears and insert ``254(i)'', and in section 258(a)(2)(A), strike ``section 254(j)'' and insert ``254(i)''. (18) In section 258B(c), strike ``paragraph'' each place it appears and insert ``section''. (19) In section 258B(d), strike ``paragraph'' and insert ``section''.

Interim Budget Control and Enforcement Act of 2001 - Title I: Amendments to the Balanced Budget and Emergency Deficit Control Act of 1985 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to increase discretionary spending limits for FY 2002.Requires the President's FY 2003 budget submission to identify emergency-designated funding which was enacted in response to the events of September 11,2001, and is ongoing and recurring in nature.Title II: Adjustments to the Concurrent Resolution on the Budget for Fiscal Year 2002 - Adjusts figures within the concurrent resolution on the budget for FY 2002 with regard to: (1) total new budget authority; (2) total budget outlays; (3) the surplus; (4) the public debt; (5) net interest; and (6) allowances. Requires the chairmen of the budget committees of each House to: (1) make the necessary conforming changes for FY 2003 through 2011 in each of such areas; and (2) make appropriate adjustments in the allocations to their respective Committees on Appropriations.Title III: Technical Corrections to the Balanced Budget and Emergency Deficit Control Act of 1985 - Makes technical corrections in the Balanced Budget and Emergency Deficit Control Act of 1985.

To revise the discretionary spending limits for fiscal year 2002 set forth in the Balanced Budget and Emergency Deficit Control Act of 1985 and to make conforming changes respecting the appropriate section 302(a) allocation for fiscal year 2002 established pursuant to the concurrent resolution on the budget for fiscal year 2002, and for other purposes.

TITLE I--NTSB AMENDMENTS SEC. 101. SHORT TITLE. This title may be cited as the ``National Transportation Safety Board Amendments of 1996''. SEC. 102. FOREIGN INVESTIGATIONS. Section 1114 of title 49, United States Code, is amended-- (1) by striking ``(b) and (c)'' in subsection (a) and inserting ``(b), (c), and (e)''; and (2) by adding at the end the following: ``(e) Foreign Investigations.-- ``(1) In general.--Notwithstanding any other provision of law, neither the Board, nor any agency receiving information from the Board, shall disclose records or information relating to its participation in foreign aircraft accident investigations; except that-- ``(A) the Board shall release records pertaining to such an investigation when the country conducting the investigation issues its final report or 2 years following the date of the accident, whichever occurs first; and ``(B) the Board may disclose records and information when authorized to do so by the country conducting the investigation. ``(2) Safety recommendations.--Nothing in this subsection shall restrict the Board at any time from referring to foreign accident investigation information in making safety recommendations.''. SEC. 103. PROTECTION OF VOLUNTARY SUBMISSION OF INFORMATION. Section 1114(b) of title 49, United States Code, is amended by adding at the end the following: ``(3) Protection of Voluntary Submission of Information.-- Notwithstanding any other provision of law, neither the Board, nor any agency receiving information from the Board, shall disclose voluntarily provided safety-related information if that information is not related to the exercise of the Board's accident or incident investigation authority under this chapter and if the Board finds that the disclosure of the information would inhibit the voluntary provision of that type of information.''. SEC. 104. TRAINING. Section 1115 of title 49, United States Code, is amended by adding at the end the following: ``(d) Training of board employees and others.--The Board may conduct training of its employees in those subjects necessary for the proper performance of accident investigation. The Board may also authorize attendance at courses given under this subsection by other government personnel, personnel of foreign governments, and personnel from industry or otherwise who have a requirement for accident investigation training. The Board may require non-Board personnel to reimburse some or all of the training costs, and amounts so reimbursed shall be credited to the appropriation of the `National Transportation Safety Board, Salaries and Expenses' as offsetting collections.''. SEC. 105. AUTHORIZATION OF APPROPRIATIONS. Section 1118(a) of title 49, United States Code, is amended-- (1) by striking ``and''; and (2) by inserting before the period at the end of the first sentence the following: ``, $42,400,00 for fiscal year 1997, $44,400,000 for fiscal year 1998, and $46,600,000 for fiscal year 1999.''. TITLE II--INTERMODAL TRANSPORTATION SEC. 201. SHORT TITLE. This title may be cited as the ``Intermodal Safe Container Transportation Amendments Act of 1996''. SEC. 202. AMENDMENT OF TITLE 49, UNITED STATES CODE. Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49 of the United States Code. SEC. 203. DEFINITIONS. Section 5901 (relating to definitions) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) except as otherwise provided in this chapter, the definitions in sections 10102 and 13102 of this title apply.''; (2) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (3) by inserting after paragraph (5) the following: ``(6) `gross cargo weight' means the weight of the cargo, packaging materials (including ice), pallets, and dunnage.''. SEC. 204. NOTIFICATION AND CERTIFICATION. (a) Prior Notification.--Subsection (a) of section 5902 (relating to prior notification) is amended-- (1) by striking ``Before a person tenders to a first carrier for intermodal transportation a'' and inserting ``If the first carrier to which any''; (2) by striking ``10,000 pounds (including packing material and pallets), the person shall give the carrier a written'' and inserting ``29,000 pounds is tendered for intermodal transportation is a motor carrier, the person tendering the container or trailer shall give the motor carrier a''; (3) by striking ``trailer.'' and inserting ``trailer before the tendering of the container or trailer.''; (4) by striking ``electronically.'' and inserting ``electronically or by telephone.''; and (5) by adding at the end thereof the following: ``This subsection applies to any person within the United States who tenders a container or trailer subject to this chapter for intermodal transportation if the first carrier is a motor carrier.''. (b) Certification.--Subsection (b) of section 5902 (relating to certification) is amended to read as follows: ``(b) Certification.-- ``(1) In general.--A person who tenders a loaded container or trailer with an actual gross cargo weight of more than 29,000 pounds to a first carrier for intermodal transportation shall provide a certification of the contents of the container or trailer in writing, or electronically, before or when the container or trailer is so tendered. ``(2) Contents of certification.--The certification required by paragraph (1) shall include-- ``(A) the actual gross cargo weight; ``(B) a reasonable description of the contents of the container or trailer; ``(C) the identity of the certifying party; ``(D) the container or trailer number; and ``(E) the date of certification or transfer of data to another document, as provided for in paragraph (3). ``(3) Transfer of certification data.--A carrier who receives a certification may transfer the information contained in the certification to another document or to electronic format for forwarding to a subsequent carrier. The person transferring the information shall state on the forwarded document the date on which the data was transferred and the identity of the party who performed the transfer. ``(4) Shipping documents.--For purposes of this chapter, a shipping document, prepared by the person who tenders a container or trailer to a first carrier, that contains the information required by paragraph (2) meets the requirements of paragraph (1). ``(5) Use of `freight all kinds' term.--The term `Freight All Kinds' or `FAK' may not be used for the purpose of certification under section 5902(b) after December 31, 2000, as a commodity description for a trailer or container if the weight of any commodity in the trailer or container equals or exceeds 20 percent of the total weight of the contents of the trailer or container. This subsection does not prohibit the use of the term after that date for rating purposes. ``(6) Separate document marking.--If a separate document is used to meet the requirements of paragraph (1), it shall be conspicuously marked `INTERMODAL CERTIFICATION'. ``(7) Applicability.--This subsection applies to any person, domestic or foreign, who first tenders a container or trailer subject to this chapter for intermodal transportation within the United States.''. (c) Forwarding Certifications.--Subsection (c) of section 5902 (relating to forwarding certifications to subsequent carriers) is amended-- (1) by striking ``transportation.'' and inserting ``transportation before or when the loaded intermodal container or trailer is tendered to the subsequent carrier. If no certification is received by the subsequent carrier before or when the container or trailer is tendered to it, the subsequent carrier may presume that no certification is required.''; and (2) by adding at the end thereof the following: ``If a person inaccurately transfers the information on the certification, or fails to forward the certification to a subsequent carrier, then that person is liable to any person who incurs any bond, fine, penalty, cost (including storage), or interest for any such fine, penalty, cost (including storage), or interest incurred as a result of the inaccurate transfer of information or failure to forward the certification. A subsequent carrier who incurs a bond, fine, penalty, or cost (including storage), or interest as a result of the inaccurate transfer of the information, or the failure to forward the certification, shall have a lien against the contents of the container or trailer under section 5905 in the amount of the bond, fine, penalty, or cost (including storage), or interest and all court costs and legal fees incurred by the carrier as a result of such inaccurate transfer or failure.''. (d) Liability.--Section 5902 is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following: ``(d) Liability to Owner or Beneficial Owner.--If-- ``(1) a person inaccurately transfers information on a certification required by subsection (b)(1), or fails to forward a certification to the subsequent carrier; ``(2) as a result of the inaccurate transfer of such information or a failure to forward a certification, the subsequent carrier incurs a bond, fine, penalty, or cost (including storage), or interest; and ``(3) that subsequent carrier exercises its rights to a lien under section 5905, then that person is liable to the owner or beneficial owner, or to any other person paying the amount of the lien to the subsequent carrier, for the amount of the lien and all costs related to the imposition of the lien, including court costs and legal fees incurred in connection with it.''. (e) Nonapplication.--Subsection (e) of section 5902, as redesignated, is amended-- (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively, and by moving the text of paragraph (2), as so redesignated down 1 line and to the left, flush full measure and indenting such paragraph; and (2) by inserting before paragraph (2), as redesignated, the following: ``(1) The notification and certification requirements of subsections (a) and (b) of this section do not apply to any intermodal container or trailer containing consolidated shipments loaded by a motor carrier if that motor carrier-- ``(A) performs the highway portion of the intermodal movement; or ``(B) assumes the responsibility for any weight-related fine or penalty incurred by any other motor carrier that performs a part of the highway transportation.''. SEC. 205. PROHIBITIONS. Section 5903 (relating to prohibitions) is amended-- (1) by inserting after ``person'' in subsection (a) a comma and the following: ``To whom section 5902(b) applies,''; (2) by striking subsection (b) and inserting the following: ``(b) Transporting Prior to Receiving Certification.-- ``(1) Presumption.--If no certification is received by a motor carrier before or when a loaded intermodal container or trailer is tendered to it, the motor carrier may presume that the gross cargo weight of the container or trailer is less than 29,001 pounds. ``(2) Copy of certification not required to accompany container or trailer.--Notwithstanding any other provision of this chapter to the contrary, a copy of the certification required by section 5902(b) is not required to accompany the intermodal container or trailer.''; (3) by striking ``10,000 pounds (including packing materials and pallets)'' in subsection (c)(1) and inserting ``29,000 pounds''; and (4) by adding at the end the following: ``(d) Notice to Leased Operators.-- ``(1) In general.--If a motor carrier knows that the gross cargo weight of an intermodal container or trailer subject to the certification requirements of section 5902(b) would result in a violation of applicable State gross vehicle weight laws, then-- ``(A) the motor carrier shall give notice to the operator of a vehicle which is leased by the vehicle operator to a motor carrier that transports an intermodal container or trailer of the gross cargo weight of the container or trailer as certified to the motor carrier under section 5902(b); ``(B) the notice shall be provided to the operator prior to the operator being tendered the container or trailer; ``(C) the notice required by this subsection shall be in writing, but may be transmitted electronically; and ``(D) the motor carrier shall bear the burden of proof to establish that it tendered the required notice to the operator. ``(2) Reimbursement.--If the operator of a leased vehicle transporting a container or trailer subject to this chapter is fined because of a violation of a State's gross vehicle weight laws or regulations and the lessee motor carrier cannot establish that it tendered to the operator the notice required by paragraph (1) of this subsection, then the operator shall be entitled to reimbursement from the motor carrier in the amount of any fine and court costs resulting from the failure of the motor carrier to tender the notice to the operator.''. SEC. 206. LIENS. Section 5905 (relating to liens) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) General.--If a person involved in the intermodal transportation of a loaded container or trailer for which a certification is required by section 5902(b) of this title is required, because of a violation of a State's gross vehicle weight laws or regulations, to post a bond or pay a fine, penalty, cost (including storage), or interest resulting from-- ``(1) erroneous information provided by the certifying party in the certification to the first carrier in violation of section 5903(a) of this title; ``(2) the failure of the party required to provide the certification to the first carrier to provide it; ``(3) the failure of a person required under section 5902(c) to forward the certification to forward it; or ``(4) an error occurring in the transfer of information on the certification to another document under section 5902(b)(3) or (c), then the person posting the bond, or paying the fine, penalty, costs (including storage), or interest has a lien against the contents equal to the amount of the bond, fine, penalty, cost (including storage), or interest incurred, until the person receives a payment of that amount from the owner or beneficial owner of the contents, or from the person responsible for making or forwarding the certification, or transferring the information from the certification to another document.''; (2) by inserting a comma and ``or the owner or beneficial owner of the contents,'' after ``first carrier'' in subsection (b)(1); and (3) by striking ``cost, or interest.'' in subsection (b)(1) and inserting ``cost (including storage), or interest. The lien shall remain in effect until the lien holder has received payment for all costs and expenses described in subsection (a) of this section.''. SEC. 207. PERISHABLE AGRICULTURAL COMMODITIES. Section 5906 (relating to perishable agricultural commodities) is amended by striking ``Sections 5904(a)(2) and 5905 of this title do'' and inserting ``Section 5905 of this title does''. SEC. 208. EFFECTIVE DATE. (a) In General.--Section 5907 (relating to regulations and effective date) is amended to read as follows: ``Sec. 5907. Effective date ``This chapter shall take effect 180 days after the date of enactment of the Intermodal Safe Container Transportation Amendments Act of 1996.''. (b) Clerical Amendment.--The table of sections for chapter 59 is amended by striking the item relating to section 5907 and inserting the following: ``5907. Effective date.''. SEC. 209. RELATIONSHIP TO OTHER LAWS. (a) In General.--Chapter 59 is amended by adding at the end thereof the following: ``Sec. 5908. Relationship to other laws ``Nothing in this chapter affects-- ``(1) chapter 51 (relating to transportation of hazardous material) or the regulations promulgated under that chapter; or ``(2) any State highway weight or size law or regulation applicable to tractor-trailer combinations.''. (b) Clerical Amendment.--The table of sections for such chapter is amended by adding at the end thereof the following: ``5908. Relationship to other laws.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TABLE OF CONTENTS: Title I: NTSB Amendments Title II: Intermodal Transportation Title I: NTSB Amendments - National Transportation Safety Board Amendments of 1996 - Amends Federal transportation law to prohibit the National Transportation Safety Board (NTSB) and any agency receiving information from it from disclosing: (1) records or information relating to its participation in foreign aircraft accident investigations, except in certain circumstances; or (2) voluntarily provided safety-related information unrelated to the exercise of the NTSB's accident or incident investigation authority, if disclosure would inhibit the voluntary provision of that type of information. (Sec. 104) Authorizes the NTSB to conduct training of its employees in subjects necessary for the proper performance of accident investigations. (Sec. 105) Authorizes appropriations to the Board through FY 1999. Title II: Intermodal Transportation - Intermodal Safe Container Transportation Amendments Act of 1996 - Amends Federal transportation law to revise the prior notification requirements for intermodal freight transportation. Requires a person who tenders to a first carrier that is a motor carrier (currently, any carrier) a container or trailer with a gross cargo weight of more than 29,000 pounds (currently, 10,000 pounds, including packing material and pallets) for intermodal transportation to give prior notification of the cargo weight and a reasonable description of its contents to the motor carrier. (Sec. 204) Allows such notification to be made by telephone, and allows the required certification of container or trailer contents to be electronic. Sets forth administrative and civil penalties for persons who inaccurately transfer certification information. (Sec. 205) Allows a motor carrier to presume that the gross cargo weight of a container or trailer is under 29,001 pounds if it receives no certification before or when a loaded intermodal container or trailer is tendered to it. Declares that a copy of a certification is not required to accompany the intermodal container or trailer. Requires a motor carrier that knows that the gross cargo weight of an intermodal container or trailer violates State vehicle weight laws to give notice to the operator of a leased vehicle that transports such items. Requires the motor carrier to reimburse the operator of the leased vehicle that is fined because of a violation of a State's gross vehicle weight laws. (Sec. 206) Adds to the circumstances giving certain persons a lien against the contents of the container or trailer as a result of a violation of a State's gross vehicle weight laws. Includes among such circumstances: (1) failure of the party required to provide certification of gross cargo weight to the first carrier to provide it; (2) failure of the party required to forward such certification to forward it; or (3) error in the transfer of information on the certification to another document.

National Transportation Safety Board Amendments of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pension Benefit Guaranty Corporation Governance Improvement Act of 2009''. SEC. 2. BOARD OF DIRECTORS OF THE PENSION BENEFIT GUARANTY CORPORATION. (a) In General.--Section 4002(d) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302(d)) is amended to read as follows: ``(d)(1) The board of directors of the corporation consists of-- ``(A) the Secretary of the Treasury, the Secretary of Labor, and the Secretary of Commerce; ``(B) a member that is a representative of employers offering defined benefit plans; ``(C) a member that is a representative of organized labor and employees; and ``(D) 2 other members. ``(2)(A) The members of the board of directors described under subparagraphs (B) through (D) of paragraph (1)-- ``(i) shall be appointed by the President by and with the advice and consent of the Senate-- ``(I) at the beginning of the second year of the President's term of office, with respect to such members described under subparagraphs (B) and (C) of paragraph (1); and ``(II) at the beginning of the fourth year of the President's term of office, with respect to such members described under subparagraph (D) of paragraph (1); and ``(ii) shall serve for a term of 4 years. ``(B) Not more than 2 members of the board of directors described under subparagraphs (B) through (D) of paragraph (1) shall be affiliated with the same political party. ``(C) Each member of the board of directors described under subparagraphs (B) through (D) of paragraph (1) shall not have a direct financial interest in the decisions of the corporation. ``(3) Each member of the board of directors described under subparagraph (A) of paragraph (1) shall designate in writing an official, not below the level of Assistant Secretary, to serve as the voting representative of such member on the board. Such designation shall be effective until revoked or until a date or event specified therein. Any such representative may refer for board action any matter under consideration by the designating board member. ``(4) The members of the board of directors described under-- ``(A) subparagraph (A) of paragraph (1), shall serve without compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of their duties as members of the board; and ``(B) subparagraphs (B) through (D) of paragraph (1) shall, for each day (including traveltime) during which they are attending meetings or conferences of the board or otherwise engaged in the business of the board, be compensated at a rate fixed by the corporation which is not in excess of the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the General Schedule, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code. ``(5)(A) The Secretary of Labor is the chairman of the board of directors. ``(B) The President shall designate 1 of the members appointed under paragraph (2) as the vice-chairman of the board of directors. ``(6) The Inspector General of the corporation shall report to the board of directors, and not less than twice a year, shall attend a meeting of the board of directors to provide a report on the activities and findings of the Inspector General, including with respect to monitoring and review of the operations of the corporation. ``(7) The General Counsel of the corporation shall-- ``(A) serve as the secretary to the board of directors, and shall advise such board as needed; and ``(B) have overall responsibility for all legal matters affecting the corporation and provide the corporation with legal advice and opinions on all matters of law affecting the corporation, except that the authority of the General Counsel shall not extend to the Office of Inspector General and the independent legal counsel of such Office. ``(8) Notwithstanding any other provision of this Act, the Office of Inspector General and the legal counsel of such Office is independent of the management of the corporation and the General Counsel of the corporation.''. (b) Number of Meetings; Public Availability.--Section 4002(e) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302(e)) is amended-- (1) by striking ``The board'' and inserting ``(1) The board''; (2) by striking ``the corporation.'' and inserting ``the corporation, but in no case less than 4 times a year with a quorum of not less than 5 members. Not less than 1 meeting of the board of directors during each year shall be a joint meeting with the advisory committee under subsection (h).''; and (3) by adding at the end the following: ``(2) The chairman of the board of directors shall make available to the public the minutes from each meeting of the board, unless the chairman designates a meeting or portion of a meeting as closed to the public, based on the confidentiality of the matters to be discussed during such meeting.''. (c) Advisory Committee.-- (1) Issues considered by the committee.--Section 4002(h)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302(h)(1)) is amended-- (A) by striking ``, and (D)'' and inserting ``, (D)''; and (B) by striking ``time to time.'' and inserting ``time to time, and (E) other issues as determined appropriate by the advisory committee.''. (2) Joint meeting.--Section 4002(h)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302(h)(3)) is amended by adding at the end the following: ``Not less than 1 meeting of the advisory committee during each year shall be a joint meeting with the board of directors under subsection (e).''. SEC. 3. AVOIDING CONFLICTS OF INTEREST. Section 4002 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302) is amended by adding at the end the following: ``(j) The Director of the corporation, and each member of the board of directors described under subparagraphs (B) through (D) of subsection (d)(1), shall agree in writing to recuse him or herself from participation in activities which present a potential conflict of interest or appearance of such conflict, including by not serving on a technical evaluation panel.''. SEC. 4. SENSE OF CONGRESS. (a) Formation of Committees.--It is the sense of Congress that the board of directors of the Pension Benefit Guaranty Corporation established under section 4002 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302), as amended by this Act, should form committees, including an audit committee and an investment committee, to enhance the overall effectiveness of the board of directors. (b) Risk Management Position.--It is the sense of Congress that the Pension Benefit Guaranty Corporation established under section 4002 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302), as amended by this Act, should establish a risk management position that evaluates and mitigates the risk that the corporation might experience. The individual in such position should coordinate the risk management efforts of the corporation, explain risks and controls to senior management and the board of directors of the corporation, and make recommendations.

Pension Benefit Guaranty Corporation Governance Improvement Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise requirements regarding the composition and duties of members of the board of directors of the Pension Benefit Guaranty Corporation (PBGC). Requires: (1) the board to meet at least four times a year with a quorum of at least five members; and (2) board minutes be made public. Requires the advisory committee to the PBGC to meet jointly with the board at least one time each year. Requires the Director and members of the board of the PBGC to agree in writing to recuse themselves from participation in activities which potentially could be a conflict of interest. Expresses the sense of Congress that: (1) the board should form committees, including an audit committee and an investment committee, to enhance the PBGC board's overall effectiveness; and (2) the PBGC should establish a risk management position that evaluates and mitigates risk it might experience.

A bill to amend the Employee Retirement Income Security Act of 1974 with respect to the composition of the board of directors of the Pension Benefit Guaranty Corporation, and for other purposes.

SECTION 1. PROSPECTIVE PAYMENT FOR INPATIENT REHABILITATION HOSPITAL SERVICES BASED ON DISCHARGES CLASSIFIED BY FUNCTIONAL- RELATED GROUPS. (a) In General.--Section 1886 of the Social Security Act (42 U.S.C. 1395ww) is amended by adding at the end the following new subsection: ``(j) Prospective Payment for Inpatient Rehabilitation Services.-- ``(1) In general.--Notwithstanding section 1814(b), but subject to the provisions of section 1813, the amount of the payment with respect to the operating and capital costs of inpatient hospital services of a rehabilitation hospital or a rehabilitation unit (in this subsection referred to as a `rehabilitation facility') for a discharge is equal to the per discharge payment rate established under this subsection. ``(2) Functional-related groups.-- ``(A) Establishment.--The Secretary shall establish-- ``(i) classes of discharges of rehabilitation facilities by functional-related groups (each in this subsection referred to as a `functional-related group' or `FRG'), based on impairment, age, and functional capability of the discharged individual and such other factors as the Secretary deems appropriate, and ``(ii) a method of classifying specific discharges from rehabilitation facilities within these groups. ``(B) Weighting factors.--For each functional- related group the Secretary shall assign an appropriate weighting which reflects the relative facility resources used with respect to discharges classified within that group compared to discharges classified within other groups. ``(C) Adjustments.--The Secretary shall from time to time adjust the classifications and weighting factors established under this paragraph as appropriate to correct for forecast errors and to reflect changes in treatment patterns, technology, and other factors which may affect the relative use of resources. ``(3) Payment rate.-- ``(A) In general.--The Secretary shall determine a prospective payment rate for each rehabilitation facility discharge for which such rehabilitation facility is entitled to receive payment under this title. Subject to subparagraph (B), such rate for discharges during a fiscal year shall be based on the average payment per discharge under this title for inpatient operating and capital costs of rehabilitation facilities in fiscal year 1995 (as estimated by the Secretary) adjusted-- ``(i) by updating such per-discharge amount to the fiscal year involved by the applicable percentage increases provided under subsection (b)(3)(B)(i) for each year after fiscal year 1995 and up to the fiscal year involved; ``(ii) by reducing such rates by a factor equal to the proportion of payments under this subsection (as estimated by the Secretary) based on FRG prospective payment amounts which are additional payments described in paragraph (4) (relating to outlier and related payments) or paragraph (7); ``(iii) for variations among rehabilitation facilities by area under paragraph (6); ``(iv) by the weighting factors established under paragraph (2)(B); and ``(v) by such other factors as the Secretary determines are necessary to properly reflect variations in necessary costs of treatment among rehabilitation facilities. ``(B) Budget neutral rates.--The Secretary shall establish the prospective payment amounts under this subsection for discharges during each of fiscal years 1998 through 2002 at levels such that, in the Secretary's estimation, the amount of total payments under this subsection for each such fiscal year (including any payment adjustments pursuant to paragraph (7)) shall not exceed the amount of payments that would have been made under this title during the fiscal year for operating and capital costs of rehabilitation facilities had this subsection not been enacted. ``(4) Outlier and special payments.-- ``(A) Outliers.-- ``(i) Day outliers.--The Secretary shall provide for an additional payment to a rehabilitation facility for discharges in a functional-related group, the lengths of stay of which exceeded the mean length of stay for discharges within that group by a fixed number of days or exceeds such mean length of stay by some fixed number of deviations, whichever is the fewer number of days. ``(ii) Requesting additional payments.--For cases not included in clause (i), a rehabilitation facility may request additional payments in any case in which charges, adjusted to cost, exceed a fixed multiple of the applicable prospective payment rate, or exceed such other fixed dollar amount, whichever is greater, or exceed the prospective payment rate plus a fixed dollar amount determined by the Secretary. ``(iii) Payment based on marginal cost of care.--The amount of such additional payment under clauses (i) and (ii) shall be determined by the Secretary and shall approximate the marginal cost of care beyond the cutoff point applicable under clause (i) or (ii). ``(iv) Total payments.--The total amount of the additional payments made under this subparagraph for discharges in a fiscal year may not be less than 5 percent nor more than 6 percent of the total payments projected or estimated to be made based on FRG prospective payment rates for discharges in that year. ``(B) Adjustment.--The Secretary may provide for such adjustments to the payment amounts under this subsection as the Secretary deems appropriate to take into account the unique circumstances of rehabilitation facilities located in Alaska and Hawaii. ``(5) Publication.--The Secretary shall provide for publication in the Federal Register, on or before September 1 before each fiscal year (beginning with fiscal year 1998), of the classification and weighting factors for FRGs under paragraph (2) for such fiscal year and a description of the methodology and data used in computing the prospective payment rates under this subsection for that fiscal year. ``(6) Area wage adjustment.--The Secretary shall adjust the proportion (as estimated by the Secretary from time to time) of rehabilitation facilities' costs which are attributable to wages and wage-related costs, of the prospective payment rates computed under paragraph (3) for area differences in wage levels by a factor (established by the Secretary) reflecting the relative hospital wage level in the geographic area of the rehabilitation facility compared to the national average wage level for such facilities. Not later than October 1, 1998 (and at least every 12 months thereafter), the Secretary shall update the factor under the preceding sentence on the basis of a survey conducted by the Secretary (and updated as appropriate) of the wages and wage-related costs incurred in furnishing rehabilitation services. Any adjustments or updates made under this paragraph for a fiscal year shall be made in a manner that assures that the aggregated payments under this subsection in the fiscal year are not greater or less than those that would have been made in the year without such adjustment. ``(7) Additional adjustments.--The Secretary shall provide by regulation for-- ``(A) an additional payment to take into account indirect costs of medical education and the special circumstances of hospitals that serve a significantly disproportionate number of low-income patients in a manner similar to that provided under subparagraphs (B) and (F), respectively, of subsection (d)(5); and ``(B) such other exceptions and adjustments to payment amounts under this subsection in a manner similar to that provided under subsection (d)(5)(I) in relation to payments under subsection (d). ``(8) Limitation on review.--There shall be no administrative or judicial review under section 1878 or otherwise of-- ``(A) the establishment of FRGs, of the methodology for the classification of discharges within such groups, and of the appropriate weighting factors thereof under paragraph (2), and (B) the establishment of the prospective payment rates under paragraph (3).''. (b) Conforming Amendments.--Section 1886(b) of such Act (42 U.S.C. 1395ww(b)) is amended-- (1) in paragraph (1), by inserting ``and other than a rehabilitation facility described in subsection (j)(1)'' after ``subsection (d)(1)(B)'', and (2) in paragraph (3)(B)(i), by inserting ``and subsection (j)'' after ``For purposes of subsection (d)''. (c) Effective Date.--The amendments made by this section shall apply to cost reporting periods beginning on or after October 1, 1997.

Amends title XVIII (Medicare) of the Social Security Act to provide for prospective payment under Medicare for inpatient rehabilitation hospital services and units based on discharges classified by functional-related groups.

To amend title XVIII of the Social Security Act to provide for prospective payment under the Medicare program for inpatient services of rehabilitation hospitals and units based on discharges classified by functional-related groups.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Consumers' Assurance in Moving Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) There are approximately 1,500,000 interstate household moves every year and, while the vast majority of these interstate moves are completed successfully, consumer complaints have been increasing since the Interstate Commerce Commission was abolished in 1996 and oversight of the household goods industry was transferred to the Department of Transportation. (2) While the overwhelming majority of household goods carriers are honest and operate within the law, there appears to be a growing criminal element that is exploiting a perceived void in Federal and State enforcement efforts and who prey upon consumers. (3) The movement of an individual's household goods is unique from the movement of a commercial shipment. A consumer may utilize a moving company once or twice in his or her lifetime and entrust virtually all of his or her worldly goods to a mover. (4) Current Federal regulations allow for a household goods carrier found to be in violation of Federal law to be subject to civil penalties but provide no remedy for consumers who have been harmed by fraudulent or deceptive trade practices of a household goods mover. (5) Various courts have interpreted the ``Carmack'' amendment, related to a carrier's liability in loss and damage claims, to preclude States from pursuing any actions against interstate household goods carriers, including the application of consumer protection laws against fraudulent movers. (6) Federal resources are inadequate to properly police or deter, on a nationwide basis, those movers who willfully violate Federal regulations governing the household goods industry and knowingly prey on consumers who are in a vulnerable position. It is appropriate that a Federal-State partnership be created to enhance enforcement tools against fraudulent moving companies. (7) The Department of Transportation should provide greater information to consumers and review current consumer protection regulations, including insurance and loss and damage remedies relating to individual household goods moves, in order to recommend modifications to current Federal law and regulations relating to rights and liabilities of both consumers and household goods carriers. SEC. 3. FEDERAL-STATE RELATIONS RELATING TO TRANSPORTATION OF HOUSEHOLD GOODS. (a) Nonpreemption of Intrastate Transportation of Household Goods.--Section 14501(c)(2)(B) of title 49, United States Code, is amended by inserting ``intrastate'' before ``transportation''. (b) Enforcement of Consumer Protection With Respect to Interstate Household Goods Carriers.--Chapter 145 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 14506. Enforcement of consumer protection with respect to interstate household goods carriers ``(a) In General.--Notwithstanding any other provision of this title, an individual or a State or political subdivision of a State may enforce a consumer protection law, regulation, or other provision (having the force of law) of such State or political subdivision with respect to the interstate transportation of household goods as defined in section 13102(a)(10)(A). ``(b) Prior Notification.--Before taking any action to enforce a consumer protection law, regulation, or other provision of a State relating to interstate transportation of household goods as defined in section 13102(a)(10)(A) with respect to a motor carrier providing such transportation, the State or a political subdivision of a State shall notify, in writing, the Secretary of Transportation of its intention to enforce such law, regulation, or other provision with respect to such carrier; except that, if it is not feasible for the State or political subdivision to provide the prior notification, the State or political subdivision shall provide the notification, in writing, immediately upon instituting such action. ``(c) Limitation on Statutory Construction.--Nothing in this section shall be construed as authorizing a State or political subdivision of a State to bring an enforcement action under a consumer protection law, regulation, or other provision of the State relating to interstate transportation of household goods as defined in section 13102(a)(10)(A) with respect to an activity that is inconsistent with Federal laws and regulations relating to interstate transportation of household goods.''. (c) Conforming Amendment.--The analysis for chapter 145 of such title is amended by adding at the end the following: ``14506. Enforcement of consumer protection with respect to interstate household goods carriers.''. SEC. 4. WORKING GROUP FOR DEVELOPMENT OF PRACTICES AND PROCEDURES TO ENHANCE FEDERAL-STATE RELATIONS. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall establish a working group of State attorneys general, State consumer protection administrators, and Federal and local law enforcement officials for the purpose of developing practices and procedures to enhance the Federal- State partnership in enforcement efforts, exchange of information, and coordination of enforcement efforts with respect to interstate transportation of household goods and making legislative and regulatory recommendations to the Secretary concerning such enforcement efforts. (b) Consultation.--In carrying out subsection (a), the working group shall consult with industries involved in the transportation of household goods. SEC. 5. CIVIL AND CRIMINAL PENALTY FOR HOLDING HOUSEHOLD GOODS HOSTAGE. (a) In General.--Chapter 149 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 14915. Holding household goods hostage ``(a) Holding Household Goods Hostage Defined.--For purposes of this section, the term `holding household goods hostage' means the knowing and willful failure to deliver to, or unload at, the destination of a shipment of household goods which is subject to jurisdiction under subchapter I or III of chapter 135, for which charges have been estimated by the motor carrier providing transportation of such goods, and for which the maximum amount required to be paid at the time of delivery under regulations issued by the Secretary is 110 percent of such estimated charges. ``(b) Civil Penalty.--Whoever is found holding a household goods shipment hostage is liable to the United States for a civil penalty of not less than $10,000. If such person is a carrier or broker, the Secretary of Transportation may suspend for a period of not less than 6 months the registration of such carrier or broker under chapter 139. ``(c) Criminal Penalty.--Whoever has been convicted of holding household goods hostage shall be fined under title 18 or imprisoned not more than 2 years, or both.''. (b) Conforming Amendment.--The analysis for such chapter is amended by adding at the end the following: ``14915. Holding household goods hostage.''. SEC. 6. CONSUMER HANDBOOK ON DOT WEB SITE. Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall take such action as may be necessary to ensure that publication OCE 100 of the Department of Transportation, entitled ``Your Rights and Responsibilities When You Move'', is prominently displayed, and available in language that is readily understandable by the general public, on the Web site of the Department of Transportation. SEC. 7. DISPLAY OF INFORMATION ON HOUSEHOLD GOODS TRANSPORTATION RELATED WEB SITES. Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall modify the regulations contained in part 375 of title 49, Code of Federal Regulations, to require a motor carrier or broker that is subject to such regulations and that establishes and maintains a Web site to prominently display on the Web site-- (1) the Department of Transportation number of the motor carrier or broker; (2) the OCE 100 publication referred to in section 6; and (3) in the case of a broker, a list of all motor carriers providing transportation of household goods used by the broker and a statement that the broker is not a motor carrier providing transportation of household goods. SEC. 8. CONSUMER COMPLAINT DATA BASE. (a) Establishment of System.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall-- (1) establish a system for filing and logging consumer complaints relating to motor carriers providing transportation of household goods and for compiling complaint information gathered by the States with regard to such carriers, a database of the complaints, and a procedure for the public to have access to the database and for carriers to challenge information in the database; and (2) issue regulations requiring motor carriers of household goods to submit on a semi-annual basis reports summarizing-- (A) the number and general category of complaints lodged by consumers; (B) the number of claims filed for loss and damage, including the aggregate amount of claims; and (C) the number of claims resolved during the reporting period and the aggregate amount of claims paid by the carrier. (b) Use of Information.--In determining which motor carriers providing transportation of household goods should be subject to a commercial investigation, the Secretary of Transportation shall consider information in the data base established under subsection (a). SEC. 9. INSURANCE REGULATIONS. (a) Review.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall undertake a review of the current Federal regulations regarding insurance coverage provided by motor carriers providing transportation of household goods and revise such regulations in order to provide enhanced protection for shippers in the case of loss or damage as determined necessary. (b) Determinations.--The review shall include, but not be limited to, a determination of-- (1) whether the current regulations provide adequate protection for shippers; (2) whether an individual shipper should purchase insurance as opposed to the carrier; and (3) whether there are abuses of the current regulations that leave the shipper unprotected in loss and damage claims. SEC. 10. CIVIL PENALTIES RELATING TO HOUSEHOLD GOODS BROKERS. Section 14901(d) of title 49, United States Code, is amended-- (1) by striking ``If a carrier'' and inserting the following: ``(1) In general.--If a carrier''; and (2) by adding at the end the following: ``(2) Estimate of broker without carrier agreement.--If a broker for transportation of household goods subject to jurisdiction under subchapter I of chapter 135 makes an estimate of the cost of transporting any such goods before entering into an agreement with a carrier to provide transportation of household goods subject to such jurisdiction, the broker is liable to the United States for a civil penalty of not less than $10,000 for each violation. ``(3) Unauthorized transportation.--If a person provides transportation of household goods subject to jurisdiction under subchapter I of chapter 135 or provides broker services for such transportation without being registered under chapter 139 to provide such transportation or services as a motor carrier or broker, as the case may be, such person is liable to the United States for a civil penalty of not less than $25,000 for each violation.''. SEC. 11. PROGRESS REPORT. Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall transmit to Congress a report on the progress being made in implementing this Act.

Securing Consumers' Assurance in Moving Act of 2003 - Amends Federal transportation law to provide that Federal regulations covering the transportation of household goods by motor private carriers shall not preempt State regulation of intrastate transportation of household goods by such carriers.Authorizes an individual or a State or local government to enforce a consumer protection law, regulation, or other provision with respect to the interstate transportation of household goods by a motor private carrier.Establishes a working group of State attorneys general, State consumer protection administrators, and Federal and local law enforcement officials to develop practices and procedures to enhance the Federal-State partnership in enforcement efforts with respect to interstate transportation of household goods by motor private carriers.Sets forth both civil and criminal penalties for persons found holding a household goods shipment hostage (failure to deliver to, or unload at, the destination of a shipment of household goods).Requires: (1) publication OCE 100 of the Department of Transportation (DOT), entitled "Your Rights and Responsibilities When You Move" be prominently displayed on the DOT Web site; and (2) motor carriers or brokers that maintain a web site to display certain household goods information.Establishes a system for filing and logging consumer complaints relating to motor carriers providing transportation of household goods.Requires the Secretary to review current Federal regulations regarding insurance coverage provided by a motor carrier providing transportation of household goods and to revise such regulations in order to enhance protection for shippers in the case of loss or damage.Provides civil penalties for a broker for transportation of household goods (or a person that provides transportation of household goods) that: (1) makes an estimate of transportation costs of such goods before entering into a carrier agreement; or (2) provides services for such transportation without being registered.

To amend title 49, United States Code, relating to improving transportation and security of household goods, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Life-Saving Service Heritage Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The United States has a long tradition of heroic efforts to rescue those in peril on the sea. (2) Legislation providing appropriations to the Secretary of the Treasury for ``surf boats, rockets, carronades, and other necessary apparatus for the better preservation of life and property from shipwrecks on the coast of New Jersey, between Sandy Hook and Little Egg Harbor'' was approved August 14, 1848 (9 Stat. 322), and was subsequently extended to support volunteer lifesaving efforts on the coast of New Jersey between Little Egg Harbor and Cape May, and in other States and territories. (3) Legislation providing appropriations to the Secretary of the Treasury ``for the purpose of more effectively securing life and property on the coast of New Jersey and Long Island... and to employ crews of experienced surfmen at such stations'' was approved April 20, 1871 (17 Stat. 12). (4) The Life-Saving Service was reorganized by the Congress by enactment of the Act entitled ``An Act to organize the Life- Saving-Service'', approved June 18, 1878 (chapter 265; 20 Stat. 163). (5) America's lifesaving stations and boats were staffed by brave volunteer and professional lifesavers, who risked life and limb to rescue shipwrecked passengers and crews. (6) Many surviving Life-Saving Service stations are of rare architectural significance, yet these historic stations are threatened by harsh coastal environments, rapid economic development in the coastal zone, neglect, and lack of resources for their preservation. (7) The heroic actions of Life-Saving Service personnel deserve greater recognition, and their contributions to America's maritime and architectural history should be celebrated through a comprehensive preservation program and greater opportunities for the public's education about the heritage of the Life-Saving Service and related private and public organizations. (b) Purpose.--The purpose of this Act is to authorize the Secretary of the Interior to establish a program to inventory, evaluate, document, and assist in efforts to restore and preserve surviving lifesaving stations and other structures and artifacts dedicated to our forefathers' lifesaving efforts. SEC. 3. UNITED STATES LIFE-SAVING SERVICE STATION PRESERVATION PROGRAM. (a) In General.--The Secretary of the Interior, through the National Maritime Initiative of the National Park Service, shall establish a program in accordance with this section to inventory, evaluate, document, and assist efforts to restore and preserve surviving United States Life-Saving Service stations. (b) Inventory, Documentation, and Evaluation.--The Secretary, in cooperation with the U.S. Life-Saving Service Heritage Association, shall-- (1) survey coastal regions of the United States to identify and prepare an inventory of surviving historic lifesaving stations, boats, and other significant lifesaving equipment; (2) document the designs of significant existing structures and lifesaving boats for inclusion in the Historic American Building Survey/Historic American Engineering Record Collection in the Library of Congress; and (3) evaluate historic lifesaving stations, including-- (A) assessing the historic significance, integrity, and condition of surviving historic lifesaving stations; (B) making recommendations for outstanding examples of historic lifesaving stations that should be listed on the National Register of Historic Places, or designated as National Historic Landmarks; and (C) making recommendations for outstanding examples of lifesaving boats to be included in the Historic American Engineering Record Collection. (c) Technical Assistance, Educational Materials, Research Aids, and Other Information.--The Secretary shall-- (1) serve as a clearinghouse of information for persons interested in restoring and preserving historic lifesaving stations, their boats, and related lifesaving equipment; and (2) make available to the public, including through the Internet, educational materials, research aids, guides, bibliographies, and other information regarding the Life-Saving Service, Revenue Cutter Service, and related organizations that provided humanitarian assistance to shipwrecked mariners and their passengers, including-- (A) information on the history and development of the Life-Saving Service, the Revenue Cutter Service, predecessor private and State lifesaving organizations such as the Humane Society of the Commonwealth of Massachusetts, and early Coast Guard lifesaving and lifeboat stations; (B) technical descriptions of lifesaving boats, line-guns, life cars, and beachcarts; (C) the inventory, documentation, and evaluation prepared under subsection (b); (D) guidance and technical assistance in the listing of historic lifesaving and lifeboat stations on the National Register of Historic Places, or their designation as National Historic Landmarks; and (E) guidance and technical assistance in the listing of historic lifesaving boats in the Historic American Engineering Record Collection. (d) Grants.-- (1) In general.--The Secretary, subject to the availability of appropriations, shall make grants to coordinate and assist in the restoration and preservation of historic lifesaving stations, historic lifesaving boats, and other significant lifesaving artifacts. (2) Cost share.--The Federal share of the cost of an activity carried out with financial assistance under this subsection shall not exceed 75 percent of the total cost of the activity. (e) Definitions.--In this section: (1) Historic lifesaving station.--The term ``historic lifesaving station'' means any land, structure, equipment, or other physical artifact or facility formerly under the jurisdiction or control of the Life-Saving Service or any earlier private or State organizations, including lifesaving and lifeboat stations, sailors' refuges, shipwreck survivors' cache sites, boats, and beachcarts. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the National Maritime Initiative of the National Park Service. (3) U.S. life-saving service heritage association.--The term ``U.S. Life-Saving Service Heritage Association'' means the national nonprofit educational organization by that name established under the laws of the Commonwealth of Massachusetts for the purposes and objectives of meeting and preserving America's lifesaving heritage. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary-- (1) for use in making grants under subsection (d), $5,000,000 for each of fiscal years 2000 through 2004; and (2) for carrying out the other provisions of this section $500,000 for each of fiscal years 2000 through 2004.

Requires the Secretary to: (1) serve as a clearinghouse of information for persons interested in restoring and preserving historic lifesaving stations, boats, and related equipment; and (2) make information regarding the Service, the Revenue Cutter Service, and related organizations that provided humanitarian assistance to shipwrecked mariners and passengers available to the public. Provides for grants, subject to the availability of appropriations, for coordination and assistance in restoration and preservation of historic lifesaving stations, boats, and other artifacts. Authorizes appropriations.

United States Life-Saving Service Heritage Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Concussion Awareness and Education Act of 2015''. SEC. 2. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings; purposes. Sec. 4. Surveillance of sports-related concussions. Sec. 5. Research. Sec. 6. Dissemination of information. Sec. 7. Concussion Research Commission. SEC. 3. FINDINGS; PURPOSES. (a) Findings.--The Congress finds as follows: (1) There is currently no comprehensive system for acquiring accurate data on the incidence of sports- and recreation-related concussions across youth age groups and sports. (2) Overall, according to a report entitled ``Sports- Related Concussions in Youth: Improving the Science, Changing the Culture'', issued by the National Academies in 2013, each year in the United States, there are approximately 1.6 to 3.8 million sports- and recreation-related traumatic brain injuries, including concussions and other head injuries. These figures are based on conservative estimates. (3) Between 2001 and 2009, the reported number of our youth ages 21 and under treated in an emergency department for concussion and other non-fatal sports and recreation-related traumatic brain injuries increased from 150,000 to 250,000. (4) Over the same time period between 2001 and 2009, the rate of emergency room visits for concussive injuries increased by 57 percent. (5) Yet, according to the National Academies there currently is-- (A) a lack of data to accurately estimate the incidence of sports-related concussions across a variety of sports and for youth across the pediatric age spectrum; and (B) no comprehensive system for acquiring accurate data on the incidence of sports- and recreation-related concussions across all youth age groups and sports. (6) Currently, there are significant information gaps in the proper protocol for diagnosis and treatment of sports- related concussions and more research desperately is needed. (b) Purposes.--The purposes of this Act are-- (1) to increase awareness and knowledge about concussions through development of, implementation of, and evaluation of the effectiveness of, large-scale collaborative efforts and research by entities including, but not limited to, national sports associations, State high school associations, trainers' associations, appropriate Federal entities, and other stakeholders such as parents, coaches, and students; and (2) to change the culture (including social norms, attitudes, and behaviors) surrounding concussions among elementary school youth and their parents, coaches, sports officials, educators, trainers, and health care professionals, taking into account demographic variations across population groups, where appropriate. SEC. 4. SURVEILLANCE OF SPORTS-RELATED CONCUSSIONS. Title III of the Public Health Service Act is amended by inserting after section 317T of such Act (42 U.S.C. 247b-22) the following: ``SEC. 317U. SURVEILLANCE OF SPORTS-RELATED CONCUSSIONS. ``(a) In General.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, and taking into account other Federal data collection efforts, shall-- ``(1) establish and oversee a national system to accurately determine the incidence of sports-related concussions among youth; and ``(2) begin implementation of such system not later than 1 year after the date of enactment of the Concussion Awareness and Education Act of 2015. ``(b) Data To Be Collected.--The data collected under subsection (a) shall, to the extent feasible, include each of the following: ``(1) The incidence of sports related concussions in individuals 5 through 21 years of age. ``(2) Demographic information of the injured individuals, including age, sex, race, and ethnicity. ``(3) Pre-existing conditions of the injured individuals, such as attention deficit hyperactivity disorder and learning disabilities. ``(4) The concussion history of the injured individuals, such as the number and dates of prior concussions. ``(5) The use of protective equipment and impact monitoring devices. ``(6) The qualifications of personnel diagnosing the concussions. ``(7) The cause, nature, and extent of the concussive injury, including-- ``(A) the sport or activity involved; ``(B) the recreational or competitive level of the sport or activity involved; ``(C) the event type involved, including whether it was practice or competition; ``(D) the impact location on the body; ``(E) the impact nature, such as contact with a playing surface, another player, or equipment; and ``(F) signs and symptoms consistent with a concussion.''. SEC. 5. RESEARCH. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409K. RESEARCH ON CONCUSSIONS IN YOUTH. ``Beginning not later than 1 year after the date of enactment of the Concussion Awareness and Education Act of 2015, the Director of NIH shall conduct or support-- ``(1) research designed to inform the creation of age- specific, evidence-based guidelines for the management of short- and long-term sequelae of concussion in youth; ``(2) research on the effects of concussions and repetitive head impacts on quality of life and the activities of daily living; ``(3) research to identify predictors, and modifiers of outcomes, of concussions in youth, including the influence of socioeconomic status, race, ethnicity, sex, and comorbidities; and ``(4) research on age- and sex-related biomechanical determinants of injury risk for concussion in youth, including how injury thresholds are modified by the number of and time interval between head impacts and concussions.''. SEC. 6. DISSEMINATION OF INFORMATION. (a) In General.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall develop and disseminate to the public information regarding concussions. (b) Arrangements With Other Entities.--In carrying out paragraph (1), the Secretary may disseminate information through arrangements with nonprofit organizations, consumer groups, Federal, State, or local agencies, or the media. SEC. 7. CONCUSSION RESEARCH COMMISSION. (a) Establishment.--There is established a Concussion Research Commission (referred to in this section as the ``Commission''). (b) Membership.-- (1) Appointment.--The Commission shall be composed of the following nine members: (A) Five shall be appointed by the President. (B) One shall be appointed by the Speaker of the House of Representatives. (C) One shall be appointed by the minority leader of the House of Representatives. (D) One shall be appointed by the majority leader of the Senate. (E) One shall be appointed by the minority leader of the Senate. (2) Qualifications.--To be eligible for appointment under paragraph (1), an individual shall-- (A) have experience with research, treatment, and prevention with respect to all types of concussive injuries; and (B) be a leading medical or scientific expert, or an otherwise authoritatively qualified expert, in one or more relevant fields. (3) Terms.--Each member of the Commission shall be appointed for the life of the Commission. (4) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (5) No pay.--The members of the Commission shall serve without pay. Members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (6) Travel expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (7) Resources.--The Secretary shall ensure that appropriate personnel, funding, and other resources are provided to the Committee to carry out its responsibilities. (c) Meetings.--The Commission shall meet at least 4 times each year. (d) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, without reimbursement, any of the personnel of that department or agency to the Commission to assist in carrying out this section. (e) Study.--The Commission shall-- (1) study the programs and activities conducted pursuant to this Act; and (2) based on the results of such programs and activities, formulate systemic recommendations for furthering the purposes of this Act, as described in section 3(b). (f) Review of National Academies Report.--The Commission shall review the report of the National Academies entitled ``Sports-Related Concussions in Youth: Improving the Science, Changing the Culture'' and recommend corrections or updates to such report, as the Commission determines appropriate. (g) Reporting.-- (1) Interim reports.--Every 6 months, the Commission shall submit to the appropriate committees of Congress an interim report on the Commission's activities. (2) Final report.--Not later than 36 months after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress, and make available to the public, a final report on the results of the Commission's study under subsection (e) and review under subsection (f). (h) Termination.--The Commission shall terminate upon the date of submission of the final report required by subsection (g)(2), unless the Secretary of Health and Human Services chooses to maintain the Commission beyond such date.

Concussion Awareness and Education Act of 2015 Amends the Public Health Service Act to require the Centers for Disease Control and Prevention (CDC) to: (1) establish and oversee a national system to accurately determine the incidence of sports-related concussions among youth, and (2) begin implementation of such system within one year of this Act's enactment. Requires the data collected to include: the incidence of sports related concussions in individuals 5 through 21 years of age; demographic information of the injured individuals; pre-existing conditions of the injured individuals; the concussion history of the injured individuals; the use of protective equipment and impact monitoring devices; the qualifications of personnel diagnosing the concussions; and the cause, nature, and extent of the concussive injury. Requires the National Institutes of Health to conduct or support: research designed to inform the creation of guidelines for the management of short- and long-term sequelae of concussion in youth; research on the effects of concussions and repetitive head impacts on quality of life and the activities of daily living; research to identify predictors, and modifiers of outcomes, of concussions in youth; and research on age- and sex-related biomechanical determinants of injury risk for concussion in youth. Requires CDC to develop and disseminate to the public information regarding concussions. Establishes a Concussion Research Commission, which shall study the programs and activities conducted pursuant to this Act and formulate systemic recommendations to increase knowledge about, and change the culture surrounding, concussions.

Concussion Awareness and Education Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flight 93 National Memorial Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) on September 11, 2001, passengers and crewmembers of United Airlines Flight 93 courageously gave their lives to prevent a planned attack on the Capital of the United States; (2) thousands of people have visited the crash site since September 11, 2001, drawn by the heroic action and sacrifice of the passengers and crewmembers aboard Flight 93; (3) many people in the United States are concerned about the future disposition of the crash site, including-- (A) grieving families of the passengers and crewmembers; (B) the people of the region where the crash site is located; and (C) citizens throughout the United States; (4) many of those people are involved in the formation of the Flight 93 Task Force, a broad, inclusive organization established to provide a voice for all parties interested in and concerned about the crash site; (5) the crash site commemorates Flight 93 and is a profound symbol of American patriotism and spontaneous leadership by citizens of the United States; (6) a memorial of the crash site should-- (A) recognize the victims of the crash in an appropriate manner; and (B) address the interests and concerns of interested parties; and (7) it is appropriate that the crash site of Flight 93 be designated as a unit of the National Park System. (b) Purposes.--The purposes of this Act are-- (1) to establish a memorial to honor the passengers and crewmembers aboard United Airlines Flight 93 on September 11, 2001; (2) to establish the Flight 93 Advisory Commission to assist in the formulation of plans for the memorial, including the nature, design, and construction of the memorial; and (3) to authorize the Secretary of the Interior to administer the memorial, coordinate and facilitate the activities of the Flight 93 Advisory Commission, and provide technical and financial assistance to the Flight 93 Task Force. SEC. 3. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Flight 93 Advisory Commission established by section (4)(b). (2) Crash site.--The term ``crash site'' means the site in Stonycreek Township, Somerset County, Pennsylvania, where United Airlines Flight 93 crashed on September 11, 2001. (3) Memorial.--The term ``Memorial'' means the memorial to the passengers and crewmembers of United Airlines Flight 93 established by section 4(a). (4) Passenger or crewmember.-- (A) In general.--The term ``passenger or crewmember'' means a passenger or crewmember aboard United Airlines Flight 93 on September 11, 2001. (B) Exclusions.--The term ``passenger or crewmember'' does not include a terrorist aboard United Airlines Flight 93 on September 11, 2001. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) Task Force.--The term ``Task Force'' means the Flight 93 Task Force. SEC. 4. MEMORIAL TO HONOR THE PASSENGERS AND CREWMEMBERS OF FLIGHT 93. (a) Establishment.--There is established as a unit of the National Park System a memorial at the crash site to honor the passengers and crewmembers of Flight 93. (b) Advisory Commission.-- (1) Establishment.--There is established a commission to be known as the ``Flight 93 Advisory Commission''. (2) Membership.--The Commission shall be composed of-- (A) the Director of the National Park Service; and (B) 14 members, appointed by the Secretary, from among persons recommended by the Task Force. (3) Term; vacancies.-- (A) Term.--A member of the Commission shall be appointed for the life of the Commission. (B) Vacancies.--A vacancy on the Commission-- (i) shall not affect the powers of the Commission; and (ii) shall be filled in the same manner as the original appointment was made. (4) Meetings.-- (A) In general.--The Commission shall meet at the call of the Chairperson or a majority of the members. (B) Frequency.--The Commission shall meet not less than quarterly. (C) Notice.--Notice of meetings and the agenda for the meetings shall be published in-- (i) newspapers in and around Somerset County, Pennsylvania; and (ii) the Federal Register. (D) Open meetings.--Meetings of the Commission shall be subject to section 552b of title 5, United States Code. (5) Quorum.--A majority of the members of the Commission shall constitute a quorum. (6) Chairperson.--The Commission shall select a Chairperson from among the members of the Commission. (7) Duties.--The Commission shall-- (A) not later than 3 years after the date of enactment of this Act, submit to the Secretary and Congress a report that contains recommendations for the planning, design, construction, and long-term management of the memorial; (B) advise the Secretary on-- (i) the boundaries of the memorial; and (ii) the development of a management plan for the memorial; (C) consult with the Task Force, the State of Pennsylvania, and other interested parties, as appropriate; (D) support the efforts of the Task Force; and (E) involve the public in the planning and design of the memorial. (8) Powers.--The Commission may-- (A) make expenditures for services and materials appropriate to carry out the purposes of this section; (B) accept donations for use in carrying out this section and for other expenses associated with the memorial, including the construction of the memorial; (C) hold hearings and enter into contracts, including contracts for personal services; (D) by a vote of the majority of the Commission, delegate any duties that the Commission determines to be appropriate to employees of the National Park Service; and (E) conduct any other activities necessary to carry out this Act. (9) Compensation.--A member of the Commission shall serve without compensation, but may be reimbursed for expenses incurred in carrying out the duties of the Commission. (10) Termination.--The Commission shall terminate on the dedication of the memorial. (c) Duties of the Secretary.--The Secretary shall-- (1) administer the memorial as a unit of the National Park Service in accordance with-- (A) this Act; and (B) the laws generally applicable to units of the National Park System; (2) provide advice to the Commission on the collection, storage, and archiving of information and materials relating to the crash or the crash site; (3) consult with and assist the Commission in-- (A) providing information to the public; (B) interpreting any information relating to the crash or the crash site; (C) conducting oral history interviews; and (D) conducting public meetings and forums; (4) participate in the development of plans for the design and construction of the memorial; (5) provide to the Commission-- (A) assistance in designing and managing exhibits, collections, or activities at the memorial; (B) project management assistance for design and construction activities; and (C) staff and other forms of administrative support; (6) acquire from willing sellers the land or interests in land for the memorial by donation, purchase with donated or appropriated funds, or exchange; and (7) provide the Commission any other assistance that the Commission may require to carry out this Act. Passed the Senate September 10, 2002. Attest: Secretary. 107th CONGRESS 2d Session S. 2136 _______________________________________________________________________ AN ACT To establish a memorial in the State of Pennsylvania to honor the passengers and crewmembers of Flight 93 who, on September 11, 2001, gave their lives to prevent a planned attack on the Capital of the United States.

Flight 93 National Memorial Act - Establishes at the site in Stonycreek Township, Somerset County, Pennsylvania, where Flight 93 crashed on September 11, 2001, and as a unit of the National Park System a memorial to honor the passengers and crewmembers who died.Establishes a Flight 93 Advisory Commission to recommend planning, design, construction, and long-term management of the memorial.

A bill to establish a memorial in the State of Pennsylvania to honor the passengers and crewmembers of Flight 93 who, on September 11, 2001, gave their lives to prevent a planned attack on the Capitol of the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``The Business Checking Fairness Act of 2007''. SEC. 2. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED FOR ALL BUSINESSES. Section 2 of Public Law 93-100 (12 U.S.C. 1832) is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following: ``(b) Notwithstanding any other provision of law, any depository institution may permit the owner of any deposit or account which is a deposit or account on which interest or dividends are paid and is not a deposit or account described in subsection (a)(2) to make up to 24 transfers per month (or such greater number as the Board of Governors of the Federal Reserve System may determine by rule or order), for any purpose, to another account of the owner in the same institution. An account offered pursuant to this subsection shall be considered a transaction account for purposes of section 19 of the Federal Reserve Act unless the Board of Governors of the Federal Reserve System determines otherwise.''. SEC. 3. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED. (a) Repeal of Prohibition on Payment of Interest on Demand Deposits.-- (1) Federal reserve act.--Section 19(i) of the Federal Reserve Act (12 U.S.C. 371a) is amended to read as follows: ``(i) [Repealed]''. (2) Home owners' loan act.--The first sentence of section 5(b)(1)(B) of the Home Owners' Loan Act (12 U.S.C. 1464(b)(1)(B)) is amended by striking ``savings association may not--'' and all that follows through ``(ii) permit any'' and inserting ``savings association may not permit any''. (3) Federal deposit insurance act.--Section 18(g) of the Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended to read as follows: ``(g) [Repealed]''. (b) Effective Date.--The amendments made by subsection (a) shall take effect at the end of the 2-year period beginning on the date of the enactment of this Act. SEC. 4. RULES OF CONSTRUCTION. In the case of an escrow account maintained at a depository institution for the purpose of completing the settlement of a real estate transaction-- (1) the absorption, by the depository institution, of expenses incidental to providing a normal banking service with respect to such escrow account; (2) the forbearance, by the depository institution, from charging a fee for providing any such banking function; and (3) any benefit which may accrue to the holder or the beneficiary of such escrow account as a result of an action of the depository institution described in subparagraph (1) or (2) or similar in nature to such action, including any benefits which have been so determined by the appropriate Federal regulator, shall not be treated as the payment or receipt of interest for purposes of this Act and any provision of Public Law 93-100, the Federal Reserve Act, the Home Owners' Loan Act, or the Federal Deposit Insurance Act relating to the payment of interest on accounts or deposits at depository institutions. No provision of this Act shall be construed so as to require a depository institution that maintains an escrow account in connection with a real estate transaction to pay interest on such escrow account or to prohibit such institution from paying interest on such escrow account. No provision of this Act shall be construed as preempting the provisions of law of any State dealing with the payment of interest on escrow accounts maintained in connection with real estate transactions. SEC. 5. CONSUMER BANKING COSTS ASSESSMENT. (a) In General.--The Federal Reserve Act (12 U.S.C. 221 et seq.) is amended-- (1) by redesignating sections 30 and 31 as sections 31 and 32, respectively; and (2) by inserting after section 29 the following new section: ``SEC. 30. SURVEY OF BANK FEES AND SERVICES. ``(a) Biennial Survey Required.--The Board of Governors of the Federal Reserve System shall obtain biennially a sample, which is representative by type and size of the institution (including small institutions) and geographic location, of the following retail banking services and products provided by insured depository institutions and insured credit unions (along with related fees and minimum balances): ``(1) Checking and other transaction accounts. ``(2) Negotiable order of withdrawal and savings accounts. ``(3) Automated teller machine transactions. ``(4) Other electronic transactions. ``(b) Minimum Survey Requirement.--The biennial survey described in subsection (a) shall meet the following minimum requirements: ``(1) Checking and other transaction accounts.--Data on checking and transaction accounts shall include, at a minimum, the following: ``(A) Monthly and annual fees and minimum balances to avoid such fees. ``(B) Minimum opening balances. ``(C) Check processing fees. ``(D) Check printing fees. ``(E) Balance inquiry fees. ``(F) Fees imposed for using a teller or other institution employee. ``(G) Stop payment order fees. ``(H) Nonsufficient fund fees. ``(I) Overdraft fees. ``(J) Fees imposed in connection with bounced-check protection and overdraft protection programs. ``(K) Deposit items returned fees. ``(L) Availability of no-cost or low-cost accounts for consumers who maintain low balances. ``(2) Negotiable order of withdrawal accounts and savings accounts.--Data on negotiable order of withdrawal accounts and savings accounts shall include, at a minimum, the following: ``(A) Monthly and annual fees and minimum balances to avoid such fees. ``(B) Minimum opening balances. ``(C) Rate at which interest is paid to consumers. ``(D) Check processing fees for negotiable order of withdrawal accounts. ``(E) Fees imposed for using a teller or other institution employee. ``(F) Availability of no-cost or low-cost accounts for consumers who maintain low balances. ``(3) Automated teller transactions.--Data on automated teller machine transactions shall include, at a minimum, the following: ``(A) Monthly and annual fees. ``(B) Card fees. ``(C) Fees charged to customers for withdrawals, deposits, and balance inquiries through institution- owned machines. ``(D) Fees charged to customers for withdrawals, deposits, and balance inquiries through machines owned by others. ``(E) Fees charged to noncustomers for withdrawals, deposits, and balance inquiries through institution- owned machines. ``(F) Point-of-sale transaction fees. ``(4) Other electronic transactions.--Data on other electronic transactions shall include, at a minimum, the following: ``(A) Wire transfer fees. ``(B) Fees related to payments made over the Internet or through other electronic means. ``(5) Other fees and charges.--Data on any other fees and charges that the Board of Governors of the Federal Reserve System determines to be appropriate to meet the purposes of this section. ``(6) Federal reserve board authority.--The Board of Governors of the Federal Reserve System may cease the collection of information with regard to any particular fee or charge specified in this subsection if the Board makes a determination that, on the basis of changing practices in the financial services industry, the collection of such information is no longer necessary to accomplish the purposes of this section. ``(c) Biennial Report to Congress Required.-- ``(1) Preparation.--The Board of Governors of the Federal Reserve System shall prepare a report of the results of each survey conducted pursuant to subsections (a) and (b) of this section and section 136(b)(1) of the Consumer Credit Protection Act. ``(2) Contents of the report.--In addition to the data required to be collected pursuant to subsections (a) and (b), each report prepared pursuant to paragraph (1) shall include a description of any discernible trend, in the Nation as a whole, in a representative sample of the 50 States (selected with due regard for regional differences), and in each consolidated metropolitan statistical area (as defined by the Director of the Office of Management and Budget), in the cost and availability of the retail banking services, including those described in subsections (a) and (b) (including related fees and minimum balances), that delineates differences between institutions on the basis of the type of institution and the size of the institution, between large and small institutions of the same type, and any engagement of the institution in multistate activity. ``(3) Submission to the congress.--The Board of Governors of the Federal Reserve System shall submit an biennial report to the Congress not later than June 1, 2009, and before the end of each 2-year period beginning after such date. ``(d) Definitions.--For purposes of this section, the term `insured depository institution' has the meaning given such term in section 3 of the Federal Deposit Insurance Act, and the term `insured credit union' has the meaning given such term in section 101 of the Federal Credit Union Act.''. (b) Conforming Amendment.-- (1) In general.--Paragraph (1) of section 136(b) of the Truth in Lending Act (15 U.S.C. 1646(b)(1)) is amended to read as follows: ``(1) Collection required.--The Board shall collect, on a semiannual basis, from a broad sample of financial institutions which offer credit card services, credit card price and availability information including-- ``(A) the information required to be disclosed under section 127(c); ``(B) the average total amount of finance charges paid by consumers; and ``(C) the following credit card rates and fees: ``(i) Application fees. ``(ii) Annual percentage rates for cash advances and balance transfers. ``(iii) Maximum annual percentage rate that may be charged when an account is in default. ``(iv) Fees for the use of convenience checks. ``(v) Fees for balance transfers. ``(vi) Fees for foreign currency conversions.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on January 1, 2008. (c) Repeal of Other Report Provisions.--Section 1002 of Financial Institutions Reform, Recovery, and Enforcement Act of 1989 and section 108 of the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994 are hereby repealed.

Business Checking Fairness Act of 2007 - Amends federal law to authorize interest-bearing or dividend-bearing transaction accounts for all businesses, permitting up to 24 transfers per month to another account of the owner in the same institution. Amends the Federal Reserve Act, the Home Owners' Loan Act, and the Federal Deposit Insurance Act to repeal the prohibition against the payment of interest on demand deposits. Amends the Federal Reserve Act to require the Board to survey biennially and report biennially to Congress on bank fees and certain services. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, and the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994, to repeal certain reporting requirements. Cites practices which shall not be treated as payment or receipt of interest if they relate to an escrow account maintained at a depository institution in connection with a real estate transaction.

To repeal the prohibition on the payment of interest on demand deposits, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Building Security Act of 2003''. SEC. 2. FINDINGS. Congress finds that-- (1) The terrorist attacks of September 11, 2001, resulted in unprecedented death and destruction, and 2 of the worst building disasters in human history; (2) the war on terror is ongoing, and threats to American targets, such as large buildings in the United States, are substantial; (3) there are approximately 500 skyscrapers in the United States that are regularly occupied by at least 5000 people, in addition to millions of smaller buildings that see high levels of traffic; (4) most buildings have not been built to the standard needed to meet extreme threats, necessitating technological improvements in every aspect of construction, including structural elements, fireproofing, and facade integrity; (5) to advance homeland security, the Federal Government is obligated to ensure that building and construction standards are as high as practicable, and that building owners have the resources needed to meet these standards; (6) the Federal Government, in its efforts to protect the American people, is responsible for promoting research and development by the public and private sectors that will provide the technical basis for improved building and fire codes, standards, practices, and materials; (7) the National Institute of Standards and Technology is in a unique position to work with the appropriate standards- developing organizations to help the United States respond to these new challenges, due to-- (A) the building and fire expertise in its laboratories and quality program; (B) its long history of working cooperatively with the construction and standards industries; (C) its strong influence on national standards; and (D) its involvement in the assessment of the World Trade Center collapse; (8) efforts to pursue innovation and provide practical guidance and tools to building owners, designers, and contractors are necessary to ensure that new materials and practices are widely accepted and used; (9) it is in the national interest for the National Institute of Standards and Technology to-- (A) accelerate its efforts in helping industry develop the higher building and construction standards that are necessary to heighten the safety of all Americans; and (B) identify the most effective ways to ensure that these new standards are implemented in both existing and new structures; (10) as of January 2003, 2,000,000 private security officers throughout the Nation are responsible for ensuring the security of building occupants and must be able to effectively respond to evacuations, crime, terrorist threats, emergencies, and accidents; (11) many of these private security officers are not adequately prepared to best assist uniformed services, building tenants, workers, and the public in the event of a natural disaster or terrorism; (12) the job turnover rate within the private security industry is as high as 300 percent per year; (13) a recent study found that more than \1/2\ of the States are-- (A) failing to set standards for the training and screening of private security officers; and (B) not providing adequate oversight of the private security industry; (14) without proper guidelines and standards, the private security industry cannot adequately provide the security necessary in the current global environment; (15) the Federal Government, in its efforts to protect the American people, is responsible for enabling a proper review of the private security industry and developing a means of ensuring the industry's improvement; and (16) it is in the national interest for the Department of Homeland Security to create a private security review task force, comprised of industry, union, government, and law enforcement leaders, to help establish strong guidelines and incentives for States, and to provide the needed structure for training and workforce stability. SEC. 3. HOMELAND SECURITY BUILDING AND FIRE RESEARCH AND DEVELOPMENT PROGRAM. (a) Establishment.-- (1) In general.--The Director of the National Institute of Standards and Technology (referred to in this section as the ``Director'') shall establish a research and development program to-- (A) provide the measurements and analysis for improved building and fire codes, standards, and practices; and (B) generate findings and recommendations that can be used to develop improved building and fire codes, and higher construction standards in the United States. (2) Consultation.--In carrying out this section, the Director shall-- (A) consult, as appropriate, with the various units of the National Institute of Standards and Technology (referred to in this section as the ``Institute''), including the Building and Fire Research Laboratory; (B) build upon ongoing efforts of the Institute and of the private sector; and (C) involve consortia that include government and industry. (b) Research Activities.-- (1) Scientific research.--The Director shall work with industry, trade associations, professional societies, and others to conduct experimentation, analysis, testing, verification, and demonstration of improved tools and practices that identify-- (A) improved construction methods and materials relevant to structural fire safety; (B) mitigation of progressive collapse; (C) building and ventilation vulnerability reduction tools; (D) equipment standards for first responders; and (E) other ways to reduce the impact of extreme threats to the safety of buildings, their occupants, and emergency responders. (2) Policy research.--The Director shall work with industry, trade associations, professional societies, and others to complete a study of the best methods to ensure full implementation and encourage full compliance with the standards developed in paragraph (1), including-- (A) tax incentives; (B) grants to States that adopt those standards; and (C) other appropriate means. (c) Dissemination and Technical Assistance Program.--The Director shall oversee a dissemination and technical assistance program (referred to in this section as the ``DTAP'') to assist with the immediate dissemination and implementation of the practices, standards, and codes developed by the Institute under subsection (b)(1). (d) Publication of Studies.--The Director shall ensure that the results and recommendations of the Institute under subsection (b) are promptly published for use by the public and private sectors. (e) Reports.-- (1) Initial report.--Not later than 60 days after the date of enactment of this Act, the Director shall submit, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives, a report detailing the Institute's proposed schedule of studies and results, with anticipated dates of implementation. (2) Annual progress reports.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director shall submit a progress report to the committees described under paragraph (1), which summarizes the Institute's activities and determinations under subsection (b). (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, the following sums: (1) $13,000,000 for fiscal year 2004. (2) $9,000,000 for fiscal year 2005. (3) $9,000,000 for fiscal year 2006. (4) $9,000,000 for fiscal year 2007. SEC. 4. PRIVATE SECURITY INDUSTRY TASK FORCE. (a) Establishment.--The Secretary of the Department of Homeland Security (referred to in this section as the ``Secretary'') shall establish a Private Security Industry Task Force (referred to in this section as the ``Task Force'') to-- (1) examine the limitations in training, screening, standard-setting, retention, and oversight practice in the private security industry; (2) develop structural guidelines and standards of quality for the private security industry; and (3) determine the best way to help States to implement such standards and guidelines in a timely and efficient manner. (b) Membership.--The Task Force shall be composed of 25 members, including members representing-- (1) private security employers; (2) private security employees; (3) the private insurance industry; (4) the risk consulting industry; (5) institutional investors; (6) public safety and emergency management professionals; (7) building owners and managers; (8) commercial building tenants; (9) trainers of private security officers; (10) police officers; (11) firefighters; (12) the Office of Employment and Training Administration of the Department of Labor; (13) the Office of Justice Programs of the Department of Justice; (14) the Department of Homeland Security; and (15) State agencies involved in homeland security from different regions of the United States. (c) Chair.-- (1) Appointment.--The Secretary shall appoint a Chair for the Task Force from within the Department of Homeland Security. (2) Responsibilities.--The Chair shall oversee all meetings of, and communications from, the Task Force. (d) Authorized Activities.--In carrying out the provisions of this Act, the Chair and other members of the Task Force may conduct research and coordinate and consult with industry, trade associations, professional societies, and institutions of higher learning, and other appropriate organizations to-- (1) examine the limitations in training, screening, standard-setting, retention, and oversight practice in the private security industry; (2) develop structural guidelines and standards of quality for the private security industry; and (3) determine the best way to help States to implement such standards and guidelines in a timely and efficient manner. (e) Semi-Annual Reports.--Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter, the Chair shall submit a report on the Task Force's activities and determinations under subsection (c)(2) to-- (1) the Committee on Health, Education, Labor, and Pensions of the Senate; (2) the Committee on the Judiciary of the Senate; (3) the Committee on Education and the Workforce of the House of Representatives; and (4) the Committee on the Judiciary of the House of Representatives. (f) Authorization of Appropriations.--There are authorized to be appropriated $500,000 for each of the fiscal years 2004 and 2005 to carry out this section.

Building Security Act of 2003 - Requires the Director of the National Institute of Standards and Technology to establish a research and development program to provide for improved building and fire codes, standards, and practices. Requires the Director to: (1) work with industry, trade associations, and professional societies to research construction, material, and equipment standards and practices to reduce the impact of extreme threats to the safety of buildings, their occupants, and emergency responders and to study the best methods (such as tax incentives or grants) for ensuring full implementation of and compliance with such standards and practices; and (2) oversee a program for dissemination and implementation of such practices and standards.Directs the Secretary of Homeland Security to establish a Private Security Industry Task Force to: (1) examine the limitations in training, screening, standard-setting, retention, and oversight practice in the private security industry; and (2) develop structural guidelines and standards of quality for the industry and determine the best way to help States implement them.

A bill to authorize the National Institute of Standards and Technology to develop improvements in building and fire codes, standards, and practices to reduce the impact of terrorist and other extreme threats to the safety of buildings, their occupants, and emergency responders, and to authorize the Department of Homeland Security to form a task force to recommend ways to strengthen standards in the private security industry, stabilize the workforce, and create a safer environment for commercial building and industrial facility occupants.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Responsibility, Accountability, and Consistency Act of 2008''. SEC. 2. INFORMATION REPORTING FOR PAYMENTS TO CORPORATIONS. (a) In General.--Section 6041 of the Internal Revenue Code of 1986 (relating to information at source) is amended by adding at the end the following new subsection: ``(h) Payments to Corporations.-- ``(1) In general.--Notwithstanding any regulations prescribed by the Secretary before the date of the enactment of this subsection, subsection (a) shall apply to payments made to a corporation. ``(2) Exception.--Paragraph (1) shall not apply to payments made to a hospital or extended care facility described in section 501(c)(3) which is exempt from taxation under section 501(a) or to a hospital or extended care facility owned and operated by the United States, a State, the District of Columbia, a possession of the United States, or a political subdivision, agency or instrumentality of any of the foregoing.''. (b) Effective Date.--The amendment made by this section shall apply to payments made more than 1 year after the date of the enactment of this Act. SEC. 3. DETERMINATION OF ELIGIBILITY FOR SAFE HARBOR TREATMENT OF INDIVIDUALS AS NON-EMPLOYEES FOR PURPOSES OF EMPLOYMENT TAXES. (a) In General.--Chapter 25 of the Internal Revenue Code of 1986 (relating to general provisions relating to employment taxes) is amended by adding at the end the following new section: ``SEC. 3511. SAFE HARBOR. ``(a) Termination of Certain Employment Tax Liability.-- ``(1) In general.--If-- ``(A) for purposes of employment taxes, the taxpayer did not treat an individual as an employee for any period, and ``(B) in the case of periods after December 31, 1978, all Federal tax returns (including information returns) required to be filed by the taxpayer with respect to such individual for such period are filed on a basis consistent with the taxpayer's treatment of such individual as not being an employee, then, for purposes of applying such taxes for such period with respect to the taxpayer, the individual shall be deemed not to be an employee unless the taxpayer had no reasonable basis for not treating such individual as an employee. This paragraph shall not apply with respect to an individual for any periods beginning after the date of notice of a determination that such individual should be treated as an employee of the taxpayer. ``(2) Statutory standards for satisfying the requirements of paragraph (1).--For purposes of paragraph (1), a taxpayer shall be treated as having a reasonable basis for not treating an individual as an employee only if-- ``(A) the taxpayer's treatment of such individual was in reasonable reliance on-- ``(i) a written determination (as defined in section 6110(b)(1)) issued to the taxpayer addressing the employment status of such individual or another individual holding a substantially similar position with the taxpayer, or ``(ii) a concluded examination (for employment tax purposes) of whether such individual (or another individual holding a substantially similar position) should be treated as an employee of the taxpayer, with respect to which there was no determination that such individual (or another individual holding a substantially similar position) should be treated as an employee, and ``(B) the taxpayer (or a predecessor) has not treated any other individual holding a substantially similar position as an employee for purposes of employment taxes for any period beginning after December 31, 1977. ``(b) Definitions.--For purposes of this section-- ``(1) Employment tax.--The term `employment tax' means any tax imposed by this subtitle. ``(2) Employment status.--The term `employment status' means the status of an individual, under the usual common law rules applicable in determining the employer-employee relationship, as an employee or as an independent contractor (or other individual who is not an employee). ``(c) Special Rules for Application of Section.-- ``(1) Notice of availability of section.--An officer or employee of the Internal Revenue Service shall, before or at the commencement of any examination relating to the employment status of one or more individuals who perform services for the taxpayer, provide the taxpayer with a written notice of the provisions of this section. ``(2) Rules relating to statutory standards.--For purposes of subsection (a)(2), with respect to any period beginning after the date of the enactment of this paragraph, a taxpayer may not rely on an examination commenced, or a written determination issued, more than 7 years before the beginning of such period. ``(3) Substantially similar position.--For purposes of this section, the determination as to whether an individual holds a position substantially similar to a position held by another individual shall be made by the Secretary in a manner consistent with the Fair Labor Standards Act of 1938. ``(d) Burden of Proof.--A taxpayer must establish entitlement to relief under this section by a preponderance of the evidence. ``(e) Petitions for Review of Status.-- ``(1) In general.--Under procedures established by the Secretary not later than 1 year after the date of the enactment of this section, any individual who performs services for a taxpayer may petition (either personally or through a designated representative or attorney) for a determination of the individual's status for employment tax purposes. ``(2) Administrative procedures.--The procedures established under paragraph (1) shall provide for-- ``(A) a determination of status not later than 90 days after the filing of the petition with respect to employment in any industry (such as the construction industry) in which employment is transient, casual, or seasonal, and ``(B) an administrative appeal of any determination that an individual is not an employee of the taxpayer. ``(3) Prohibition against retaliation.-- ``(A) In general.--No taxpayer may discharge an individual, refuse to contract with an individual, or otherwise discriminate against an individual with respect to compensation, terms, conditions, or privileges of the services provided by the individual because the individual (or any designated representative or attorney on behalf of such individual) filed a petition under paragraph (1). ``(B) Rights retained by individual.--Nothing in this paragraph shall be deemed to diminish the rights, privileges, or remedies of any individual under any Federal or State law, or under any collective bargaining agreement. ``(f) Results of Misclassification Determinations.--In any case in which the Secretary determines that a taxpayer has misclassified an individual as not an employee for employment tax purposes, the Secretary shall inform the Secretary of Labor about such misclassification and notify the individual of any eligibility for the refund of self-employment taxes under chapter 2. ``(g) Regulations.--The Secretary shall, not later than 1 year after the date of the enactment of this section, prescribe such regulations as may be necessary and appropriate to carry out the purposes of this section.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 7436(a) of such Code is amendment by striking ``section 530 of the Revenue Act of 1978'' and inserting ``section 3511''. (2) The table of sections for chapter 25 of such Code is amended by adding at the end the following new item: ``Sec. 3511. Safe harbor.''. (c) Termination of Section 530 of the Revenue Act of 1978.--Section 530 of the Revenue Act of 1978 shall not apply to services rendered more than 1 year after the date of the enactment of this Act. (d) Effective Date.--The amendments made by this section shall apply to services rendered more than 1 year after the date of the enactment of this Act. SEC. 4. ANNUAL REPORTS ON WORKER MISCLASSIFICATION. The Secretary of the Treasury shall issue an annual report on worker misclassification. Such report shall include the following: (1) Information on the number and type of enforcement actions against, and examinations of, employers who have misclassified workers. (2) Relief obtained as a result of such actions against, and examinations of, employers who have misclassified workers. (3) An overall estimate of the number of employers misclassifying workers, the number of workers affected, and the industries involved. (4) The impact of such misclassification on the Federal tax system. (5) Information on the outcomes of the petitions filed under section 3511(e) of the Internal Revenue Code of 1986. SEC. 5. INCREASE IN INFORMATION RETURN PENALTIES. (a) Failure To File Correct Information Returns.-- (1) In general.--Section 6721(a)(1) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``$50'' and inserting ``$250'', and (B) by striking ``$250,000'' and inserting ``$3,000,000''. (2) Reduction where correction in specified period.-- (A) Correction within 30 days.--Section 6721(b)(1) of such Code is amended-- (i) by striking ``$15'' and inserting ``$50'', (ii) by striking ``$50'' and inserting ``$250'', and (iii) by striking ``$75,000'' and inserting ``$500,000''. (B) Failures corrected on or before august 1.-- Section 6721(b)(2) of such Code is amended-- (i) by striking ``$30'' and inserting ``$100'', (ii) by striking ``$50'' and inserting ``$250'', and (iii) by striking ``$150,000'' and inserting ``$1,500,000''. (3) Lower limitation for persons with gross receipts of not more than $5,000,000.--Section 6721(d)(1) of such Code is amended-- (A) in subparagraph (A)-- (i) by striking ``$100,000'' and inserting ``$1,000,000'', and (ii) by striking ``$250,000'' and inserting ``$3,000,000'', (B) in subparagraph (B)-- (i) by striking ``$25,000'' and inserting ``$175,000'', and (ii) by striking ``$75,000'' and inserting ``$500,000'', and (C) in subparagraph (C)-- (i) by striking ``$50,000'' and inserting ``$500,000'', and (ii) by striking ``$150,000'' and inserting ``$1,500,000''. (4) Penalty in case of intentional disregard.--Section 6721(e) of such Code is amended-- (A) by striking ``$100'' in paragraph (2) and inserting ``$500'', (B) by striking ``$250,000'' in paragraph (3)(A) and inserting ``$3,000,000''. (b) Failure To Furnish Correct Payee Statements.-- (1) In general.--Section 6722(a) of such Code is amended-- (A) by striking ``$50'' and inserting ``$250'', and (B) by striking ``$100,000'' and inserting ``$1,000,000''. (2) Penalty in case of intentional disregard.--Section 6722(c) of such Code is amended-- (A) by striking ``$100'' in paragraph (1) and inserting ``$500'', and (B) by striking ``$100,000'' in paragraph (2)(A) and inserting ``$1,000,000''. (c) Failure To Comply With Other Information Reporting Requirements.--Section 6723 of such Code is amended-- (1) by striking ``$50'' and inserting ``$250'', and (2) by striking ``$100,000'' and inserting ``$1,000,000''. (d) Effective Date.--The amendments made by this section shall apply with respect to information returns required to be filed after December 31, 2008.

Taxpayer Responsibility, Accountability and Consistency Act of 2008 - Amends the Internal Revenue Code to: (1) require reporting to the Internal Revenue Service (IRS) of payments of $600 or more made to corporations; (2) set forth criteria and rules relating to the treatment of workers as employees or independent contractors; and (3) increase penalties for failure to file correct tax return information or comply with other information reporting requirements. Requires the Secretary of the Treasury to issue an annual report on worker misclassification.

To amend the Internal Revenue Code of 1986 to modify the rules relating to the treatment of individuals as independent contractors or employees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Theodore Roosevelt Wildlife Legacy Act of 1997''. SEC. 2. MISSION AND PURPOSES OF THE SYSTEM. (a) Mission.--The overall mission of the National Wildlife Refuge System (in this Act referred to as the ``System'') is to preserve a network of lands and waters for the conservation and management of fish, wildlife, and plants of the United States for the benefit of present and future generations. (b) Purposes.--The purposes of the System are-- (1) to conserve, manage, and where appropriate, restore fish and wildlife habitats so as to provide, in perpetuity, for the diversity of fish, wildlife, and plants and the ecological processes that sustain them; (2) to provide a diverse national network of lands and waters designed to conserve and manage, in perpetuity, fish, wildlife, and plants of the United States, and their habitats; (3) to conserve and manage migratory birds, endangered species, anadromous or interjurisdictional fish species, marine mammals, and other fish, wildlife, and plants; and (4) to fulfill international treaty obligations of the United States with respect to fish, wildlife, and plants, and their habitats. SEC. 3. PRIORITY USES. The priority public uses of the System are wildlife observation and photography, hunting, fishing, and environmental education and interpretation. SEC. 4. ADMINISTRATION OF THE SYSTEM. In administering the System, the Secretary of the Interior shall-- (1) ensure that the mission and purposes of the System described in section 2 and the purposes of each refuge are carried out, except that if a conflict exists between the primary purpose of a National Wildlife Refuge and any purpose of the System, the conflict shall be resolved in a manner that first fulfills the primary purpose of the refuge, and, to the extent practicable, also achieves the purposes of the System; (2) ensure that opportunities for the uses described in section 3 receive priority attention in planning and management within the System, consistent with the mission and purposes of the System described in sections 2(a) and (b); (3) plan, propose, and direct expansion of the System-- (A) to accomplish the mission and purposes of the System and the purposes of each National Wildlife Refuge; and (B) to contribute to the conservation of the ecosystems of the United States; and (4) inventory and monitor the status and trends of fish, wildlife, and plants in each National Wildlife Refuge. SEC. 5. COMPATIBILITY STANDARDS AND PROCEDURES. (a) General Rule.--Except as provided in subsection (b), effective beginning on the date that is 3 years after the date of enactment of this Act, the Secretary shall not initiate or permit a new use of a National Wildlife Refuge or expand, renew, or extend an existing allowed use unless the Secretary determines that the use is compatible with the primary purposes of the refuge and the mission and purposes of the System specified in section 2 of this Act. Such determinations shall-- (1) be made in writing, be based on the best available scientific information, and represent the best professional judgment of the refuge officer involved; (2) be made after an opportunity has been provided for the public to review and comment on the evaluations; (3) where appropriate, be made concurrently with the development of a conservation plan for the refuge under section 6; and (4) be reevaluated when conditions under which the use is permitted change significantly or when there is significant new information regarding the effects of the use, but not less frequently than every 10 years. (b) Prior Identification for New Acquisitions.--On lands added to the System after the date of enactment of this Act, the Secretary shall identify, prior to acquisition, existing compatible priority public uses (as described in section 3) that shall be permitted to continue on an interim basis pending completion of comprehensive planning. SEC. 6. REFUGE CONSERVATION PLANNING PROGRAM. (a) General Rule.--Except with respect to National Wildlife Refuge lands in Alaska (which shall be governed by the refuge planning provision of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.)), the Secretary shall-- (1) propose a comprehensive conservation plan for each refuge or ecologically related complex of refuges consistent with section 2 of this Act within 15 years after the date of enactment of this Act and revise such plans not less frequently than every 15 years thereafter; (2) develop and implement a process to ensure an opportunity for active public involvement in the preparation and revision of conservation plans; and (3) manage each refuge in a manner consistent with the conservation plan for the refuge. (b) New Refuges.--With respect to any refuge established after the date of enactment of this Act, the Secretary shall prepare a conservation plan for the refuge not later than 2 years after the Secretary has determined that sufficient land has been acquired to warrant comprehensive planning.

Theodore Roosevelt Wildlife Legacy Act of 1997 - Declares the mission of the National Wildlife Refuge System to be to preserve a network of lands and waters for the conservation and management of U.S. fish, wildlife, and plants for present and future generations. Establishes as the System's priority public uses: (1) wildlife observation and photography; (2) hunting; (3) fishing; and (4) environmental education and interpretation. Directs the Secretary of the Interior, in administering the System, to: (1) resolve any conflict between the primary purpose of a National Wildlife Refuge and any purpose of the System in a manner that first fulfills the primary purpose of the refuge; (2) plan, propose, and direct System expansion to accomplish the mission and purposes of the System and of each refuge and to contribute to the conservation of U.S. ecosystems; and (3) inventory and monitor the status and trends of fish, wildlife, and plants in each refuge. Prohibits the Secretary, effective three years after enactment of this Act, from initiating or permitting a new use of a refuge or an expansion of an existing allowed use unless such use is compatible with the primary purposes of the refuge and the mission and purposes of the System. Directs the Secretary to: (1) propose within 15 years and revise every 15 years comprehensive conservation plans for each refuge in the System, except refuges in Alaska; (2) develop and implement a process to ensure an opportunity for active public involvement in the preparation and revision of such plans; (3) manage each refuge in a manner consistent with its conservation plan; and (4) prepare a conservation plan for a refuge established after enactment of this Act not later than two years after the Secretary determines that sufficient land has been acquired to warrant comprehensive planning.

Theodore Roosevelt Wildlife Legacy Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bar Removal of Individuals who Dream and Grow our Economy Act'' or the ``BRIDGE Act''. SEC. 2. PROVISIONAL PROTECTED PRESENCE FOR YOUNG INDIVIDUALS. (a) In General.--Chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.) is amended by adding at the end the following: ``SEC. 244A. PROVISIONAL PROTECTED PRESENCE. ``(a) Definitions.--In this section: ``(1) DACA recipient.--The term `DACA recipient' means an alien who is in deferred action status on the date of the enactment of this section pursuant to the Deferred Action for Childhood Arrivals (`DACA') Program announced on June 15, 2012. ``(2) Felony.--The term `felony' means a Federal, State, or local criminal offense (excluding a State or local offense for which an essential element was the alien's immigration status) punishable by imprisonment for a term exceeding one year. ``(3) Misdemeanor.--The term `misdemeanor' means a Federal, State, or local criminal offense (excluding a State or local offense for which an essential element was the alien's immigration status, a significant misdemeanor, and a minor traffic offense) for which-- ``(A) the maximum term of imprisonment is greater than five days and not greater than one year; and ``(B) the individual was sentenced to time in custody of 90 days or less. ``(4) Secretary.--The term `Secretary' means the Secretary of Homeland Security. ``(5) Significant misdemeanor.--The term `significant misdemeanor' means a Federal, State, or local criminal offense (excluding a State or local offense for which an essential element was the alien's immigration status) for which the maximum term of imprisonment is greater than five days and not greater than one year that-- ``(A) regardless of the sentence imposed, is a crime of domestic violence (as defined in section 237(a)(2)(E)(i)) or an offense of sexual abuse or exploitation, burglary, unlawful possession or use of a firearm, drug distribution or trafficking, or driving under the influence if the State law requires, as an element of the offense, the operation of a motor vehicle and a finding of impairment or a blood alcohol content of .08 or higher; or ``(B) resulted in a sentence of time in custody of more than 90 days, excluding an offense for which the sentence was suspended. ``(6) Threat to national security.--An alien is a `threat to national security' if the alien is-- ``(A) inadmissible under section 212(a)(3); or ``(B) deportable under section 237(a)(4). ``(7) Threat to public safety.--An alien is a `threat to public safety' if the alien-- ``(A) has been convicted of an offense for which an element was participation in a criminal street gang (as defined in section 521(a) of title 18, United States Code); or ``(B) has engaged in a continuing criminal enterprise (as defined in section 408(c) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 848(c))). ``(b) Authorization.--The Secretary-- ``(1) shall grant provisional protected presence to an alien who files an application demonstrating that he or she meets the eligibility criteria under subsection (c) and pays the appropriate application fee; ``(2) may not remove such alien from the United States during the period in which such provisional protected presence is in effect unless such status is rescinded pursuant to subsection (g); and ``(3) shall provide such alien with employment authorization. ``(c) Eligibility Criteria.--An alien is eligible for provisional protected presence under this section and employment authorization if the alien-- ``(1) was born after June 15, 1981; ``(2) entered the United States before attaining 16 years of age; ``(3) continuously resided in the United States between June 15, 2007, and the date on which the alien files an application under this section; ``(4) was physically present in the United States on June 15, 2012, and on the date on which the alien files an application under this section; ``(5) was unlawfully present in the United States on June 15, 2012; ``(6) on the date on which the alien files an application for provisional protected presence-- ``(A) is enrolled in school or in an education program assisting students in obtaining a regular high school diploma or its recognized equivalent under State law, or in passing a general educational development exam or other State-authorized exam; ``(B) has graduated or obtained a certificate of completion from high school; ``(C) has obtained a general educational development certificate; or ``(D) is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; ``(7) has not been convicted of-- ``(A) a felony; ``(B) a significant misdemeanor; or ``(C) three or more misdemeanors not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct; and ``(8) does not otherwise pose a threat to national security or a threat to public safety. ``(d) Duration of Provisional Protected Presence and Employment Authorization.--Provisional protected presence and the employment authorization provided under this section shall be effective until the date that is three years after the date of the enactment of this section. ``(e) Status During Period of Provisional Protected Presence.-- ``(1) In general.--An alien granted provisional protected presence is not considered to be unlawfully present in the United States during the period beginning on the date such status is granted and ending on the date described in subsection (d). ``(2) Status outside period.--The granting of provisional protected presence under this section does not excuse previous or subsequent periods of unlawful presence. ``(f) Application.-- ``(1) Age requirement.-- ``(A) In general.--An alien who has never been in removal proceedings, or whose proceedings have been terminated before making a request for provisional protected presence, shall be at least 15 years old on the date on which the alien submits an application under this section. ``(B) Exception.--The age requirement set forth in subparagraph (A) shall not apply to an alien who, on the date on which the alien applies for provisional protected presence, is in removal proceedings, has a final removal order, or has a voluntary departure order. ``(2) Application fee.-- ``(A) In general.--The Secretary may require aliens applying for provisional protected presence and employment authorization under this section to pay a reasonable fee that is commensurate with the cost of processing the application. ``(B) Exemption.--An applicant may be exempted from paying the fee required under subparagraph (A) if the alien-- ``(i)(I) is younger than 18 years of age; ``(II) received total income during the 12- month period immediately preceding the date on which the alien files an application under this section that is less than 150 percent of the United States poverty level; and ``(III) is in foster care or otherwise lacking any parental or other familial support; ``(ii) is younger than 18 years of age and is homeless; ``(iii)(I) cannot care for himself or herself because of a serious, chronic disability; and ``(II) received total income during the 12- month period immediately preceding the date on which the alien files an application under this section that is less than 150 percent of the United States poverty level; or ``(iv)(I) as of the date on which the alien files an application under this section, has accumulated $10,000 or more in debt in the past 12 months as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien; and ``(II) received total income during the 12- month period immediately preceding the date on which the alien files an application under this section that is less than 150 percent of the United States poverty level. ``(3) Removal stayed while application pending.--The Secretary may not remove an alien from the United States who appears prima facie eligible for provisional protected presence while the alien's application for provisional protected presence is pending. ``(4) Aliens not in immigration detention.--An alien who is not in immigration detention, but who is in removal proceedings, is the subject of a final removal order, or is the subject of a voluntary departure order, may apply for provisional protected presence under this section if the alien appears prima facie eligible for provisional protected presence. ``(5) Aliens in immigration detention.--The Secretary shall provide any alien in immigration detention, including any alien who is in removal proceedings, is the subject of a final removal order, or is the subject of a voluntary departure order, who appears prima facie eligible for provisional protected presence, upon request, with a reasonable opportunity to apply for provisional protected presence under this section. ``(6) Confidentiality.-- ``(A) In general.--The Secretary shall protect information provided in applications for provisional protected presence under this section and in requests for consideration of DACA from disclosure to U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection for the purpose of immigration enforcement proceedings. ``(B) Referrals prohibited.--The Secretary may not refer individuals whose cases have been deferred pursuant to DACA or who have been granted provisional protected presence under this section to U.S. Immigration and Customs Enforcement. ``(C) Limited exception.--The information submitted in applications for provisional protected presence under this section and in requests for consideration of DACA may be shared with national security and law enforcement agencies-- ``(i) for assistance in the consideration of the application for provisional protected presence; ``(ii) to identify or prevent fraudulent claims; ``(iii) for national security purposes; and ``(iv) for the investigation or prosecution of any felony not related to immigration status. ``(7) Acceptance of applications.--Not later than 60 days after the date of the enactment of this section, the Secretary shall begin accepting applications for provisional protected presence and employment authorization. ``(g) Rescission of Provisional Protected Presence.--The Secretary may not rescind an alien's provisional protected presence or employment authorization granted under this section unless the Secretary determines that the alien-- ``(1) has been convicted of-- ``(A) a felony; ``(B) a significant misdemeanor; or ``(C) three or more misdemeanors not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct; ``(2) poses a threat to national security or a threat to public safety; ``(3) has traveled outside of the United States without authorization from the Secretary; or ``(4) has ceased to continuously reside in the United States. ``(h) Treatment of Brief, Casual, and Innocent Departures and Certain Other Absences.--For purposes of subsections (c)(3) and (g)(4), an alien shall not be considered to have failed to continuously reside in the United States due to-- ``(1) brief, casual, and innocent absences from the United States during the period beginning on June 15, 2007, and ending on August 14, 2012; or ``(2) travel outside of the United States on or after August 15, 2012, if such travel was authorized by the Secretary. ``(i) Treatment of Expunged Convictions.--For purposes of subsections (c)(7) and (g)(1), an expunged conviction shall not automatically be treated as a disqualifying felony, significant misdemeanor, or misdemeanor, but shall be evaluated on a case-by-case basis according to the nature and severity of the offense to determine whether, under the particular circumstances, the alien should be eligible for provisional protected presence under this section. ``(j) Effect of Deferred Action Under Deferred Action for Childhood Arrivals Program.-- ``(1) Provisional protected presence.--A DACA recipient is deemed to have provisional protected presence under this section through the expiration date of the alien's deferred action status, as specified by the Secretary in conjunction with the approval of the alien's DACA application. ``(2) Employment authorization.--If a DACA recipient has been granted employment authorization by the Secretary in addition to deferred action, the employment authorization shall continue through the expiration date of the alien's deferred action status, as specified by the Secretary in conjunction with the approval of the alien's DACA application. ``(3) Effect of application.--If a DACA recipient files an application for provisional protected presence under this section not later than the expiration date of the alien's deferred action status, as specified by the Secretary in conjunction with the approval of the alien's DACA application, the alien's provisional protected presence, and any employment authorization, shall remain in effect pending the adjudication of such application.''. (b) Clerical Amendment.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 note) is amended by inserting after the item relating to section 244 the following: ``Sec. 244A. Provisional protected presence.''.

Bar Removal of Individuals who Dream and Grow our Economy Act or the BRIDGE Act This bill amends the Immigration and Nationality Act to provide that the Department of Homeland Security (DHS): (1) shall grant a three-year provisional protected presence to a qualifying alien, (2) may not remove the alien from the United States unless such protected presence is rescinded, and (3) shall provide such alien with employment authorization. An alien is eligible for such protected presence and employment authorization if the alien: (1) was born after June 15, 1981; (2) entered the United States before attaining 16 years of age; (3)    continuously resided in the United States since June 15, 2007; (4) was physically but unlawfully present in the United States on June 15; (5) on the date the alien files an application the alien is present in the United States, is enrolled in school or in an education program assisting students in obtaining a high school diploma, has graduated or obtained a certificate of completion from high school or a general educational development certificate, or is an honorably discharged U.S. Coast Guard or Armed Forces veteran; (6) has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors not occurring on the same date and not arising out of the same act; and (7) does not otherwise pose a threat to national security or a threat to public safety. The bill: (1) provides for confidentiality of application information, with certain national security and law enforcement exceptions; and (2) sets forth the criteria under which DHS may rescind protected presence. An alien granted protected presence is not considered to be unlawfully present in the United States during such period. An alien must be at least 15 years old, unless in removal proceedings, to apply for protected presence. DHS may provide for an application fee and for fee exemptions. DHS may not: (1) remove an alien who appears prima facie eligible for protected presence while the alien's application is pending, or (2) refer individuals whose cases have been deferred pursuant to the Deferred Action for Childhood Arrivals Program (DACA) or who have been granted protected presence to U.S. Immigration and Customs Enforcement. A DACA alien is deemed to have protected presence through the expiration date of his or her deferred action status.

Bar Removal of Individuals who Dream and Grow our Economy Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer and Community Choice in Access Act of 1999''. SEC. 2. FINDINGS. The Congress finds the following: (1) As cable, telecommunications and Internet lines of business merge, cable operators are upgrading their cable systems to offer 2-way communications on their cable networks, including high-speed broadband access to the Internet. (2) Upgraded cable systems are now offering Internet access up to 1,000 times faster than traditional phone lines, and up to 100 times faster than integrated services digital network (``ISDN'') lines. (3) Some cable operators are requiring their customers to obtain broadband access only through their affiliated Internet service provider (``ISP''). (4) Citizens who need or desire Internet access through the significantly faster cable network, but who choose not to use the cable operators' affiliated ISP must pay twice (once to the cable operator's ISP, once to their own ISP), in order to access the ISP of their choice. (5) Some in the cable industry, utilizing both their affiliated ISP and considerable market power, will not allow open and direct access to unaffiliated ISPs and their customers via the broadband cable platform. (6) The initial design of broadband cable modem Internet access has also created technological barriers to open access that need to be addressed. (7) In their federally recognized roles as local cable franchising authorities, local communities across the country are now confronted with the question of whether to allow their cable operators to restrict unaffiliated ISP from gaining direct, open access to their customers on the regulated cable network. In Oregon, the city of Portland and Multnomah County have already faced this situation, and decided that the public interest requires open access. This decision has been upheld by a Federal court. (8) However, some have expressed concern that allowing localities the ability to promote competition by requiring open access will delay the deployment of cable broadband Internet access services. (9) Local jurisdictions that choose to impose a procompetitive open access requirement serve the important public purpose of serving as ``laboratories'' for field trials to develop true competition on the cable Internet gateway. (10) Clearly, the possible development of a monopoly bottleneck to high-speed Internet access is a critical public policy issue that Congress, the Federal Communications Commission, and local franchising authorities need to address. SEC. 3. NONDISCRIMINATORY REQUIREMENTS FOR INTERCONNECTION TO THE INTERNET. (a) Reallocation of Authority.--Section 624 of the Communications Act of 1934 (47 U.S.C. 544) is amended-- (1) in subsection (b)(1), by striking ``or other information services''; and (2) by adding at the end the following new subsection: ``(j) Internet Access.--The Commission may require cable operators that provide interconnection, using cable system facilities, with the Internet to offer such interconnection on terms and conditions that are fair, reasonable, and nondiscriminatory. Such requirements shall include the obligation to provide direct or indirect interconnection with the facilities and equipment of any Internet service provider on terms and conditions that are functionally and economically equivalent to the interconnection provided to any other Internet service provider, whether or not affiliated with the cable operator. If the Commission determines, after notice and comment, that a cable operator is not complying with such obligation, the Commission may establish the terms and conditions of such interconnection.''. SEC. 4. LEASED ACCESS AMENDMENT. Section 612 of the Communications Act of 1934 (47 U.S.C. 532) is amended-- (1) in subsection (b)(5), by inserting ``or other cable service'' after ``provision of video programming''; (2) in subsection (c)(2), by inserting ``or other cable service'' after ``over any video programming''; and (3) by adding at the end the following new subsection: ``(k) Treatment of High-Speed Data Services.--Until the Commission establishes open access or interconnection standards and obligations under section 624(j), a service that provides high-speed data service (as such term is defined in regulations of the Commission) and that seeks to obtain channel capacity under this section may, notwithstanding subsection (b)(5), be treated as seeking channel capacity for a commercial use.''. SEC. 5. CLARIFICATION OF LIMITATION ON COMMON CARRIER REGULATION. Section 621(c) of the Communications Act of 1934 (47 U.S.C. 541(c)) is amended by adding at the end the following new sentence: ``A telecommunications service that is provided by a cable system is subject to regulation as a common carrier service.''. SEC. 6. RULES OF CONSTRUCTION. Nothing in this Act-- (1) restricts or limits the authority of a State or franchising authority; or (2) shall be construed to affect any civil action that is pending in any Federal or State court on the date of enactment of this Act.

Consumer and Community Choice in Access Act of 1999 - Amends the Communications Act of 1934 to authorize the Federal Communications Commission (FCC) to require cable operators that provide interconnection with the Internet using that cable system's facilities to offer such interconnection on terms and conditions that are fair, reasonable, and nondiscriminatory and to provide such interconnection with the facilities and equipment of any Internet service provider, whether or not affiliated with such cable operator. Directs a cable operator to designate channel capacity for the provision of other cable services (currently, for a commercial use, which includes only video programming). Provides that, until the FCC establishes open access or interconnection standards and obligations for cable providers, a service that provides high-speed data service and that seeks to obtain channel capacity for such service may be treated as seeking channel capacity for a commercial use. Subjects a telecommunications service that is provided by a cable system to Federal regulation as a common carrier service.

Consumer and Community Choice in Access Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2007''. SEC. 2. PROVISION OF APPROPRIATE COVERAGE OF IMMUNOSUPPRESSIVE DRUGS UNDER THE MEDICARE PROGRAM FOR KIDNEY TRANSPLANT RECIPIENTS. (a) Continued Entitlement to Immunosuppressive Drugs.-- (1) Kidney transplant recipients.--Section 226A(b)(2) of the Social Security Act (42 U.S.C. 426-1(b)(2)) is amended by inserting ``(except for coverage of immunosuppressive drugs under section 1861(s)(2)(J))'' after ``shall end''. (2) Application.--Section 1836 of the Social Security Act (42 U.S.C. 1395o) is amended-- (A) by striking ``Every individual who'' and inserting ``(a) In General.--Every individual who''; and (B) by adding at the end the following new subsection: ``(b) Special Rules Applicable to Individuals Only Eligible for Coverage of Immunosuppressive Drugs.-- ``(1) In general.--In the case of an individual whose eligibility for benefits under this title has ended except for the coverage of immunosuppressive drugs by reason of section 226A(b)(2), the following rules shall apply: ``(A) The individual shall be deemed to be enrolled under this part for purposes of receiving coverage of such drugs. ``(B) The individual shall be responsible for the full amount of the premium under section 1839 in order to receive such coverage. ``(C) The provision of such drugs shall be subject to the application of-- ``(i) the deductible under section 1833(b); and ``(ii) the coinsurance amount applicable for such drugs (as determined under this part). ``(D) If the individual is an inpatient of a hospital or other entity, the individual is entitled to receive coverage of such drugs under this part. ``(2) Establishment of procedures in order to implement coverage.--The Secretary shall establish procedures for-- ``(A) identifying beneficiaries that are entitled to coverage of immunosuppressive drugs by reason of section 226A(b)(2); and ``(B) distinguishing such beneficiaries from beneficiaries that are enrolled under this part for the complete package of benefits under this part.''. (3) Technical amendment.--Subsection (c) of section 226A of the Social Security Act (42 U.S.C. 426-1), as added by section 201(a)(3)(D)(ii) of the Social Security Independence and Program Improvements Act of 1994 (Public Law 103-296; 108 Stat. 1497), is redesignated as subsection (d). (b) Extension of Secondary Payer Requirements for ESRD Beneficiaries.--Section 1862(b)(1)(C) of the Social Security Act (42 U.S.C. 1395y(b)(1)(C)) is amended by adding at the end the following new sentence: ``With regard to immunosuppressive drugs furnished on or after the date of enactment of the Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2007, this subparagraph shall be applied without regard to any time limitation.''. (c) Effective Date.--The amendments made by this section shall apply to drugs furnished on or after the date of enactment of this Act. SEC. 3. PLANS REQUIRED TO MAINTAIN COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY TRANSPLANT RECIPIENTS. (a) Application to Certain Health Insurance Coverage.-- (1) In general.--Subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at the end the following: ``SEC. 2707. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY TRANSPLANT RECIPIENTS. ``A group health plan (and a health insurance issuer offering health insurance coverage in connection with a group health plan) shall provide coverage of immunosuppressive drugs in connection with a kidney transplant that is at least as comprehensive as the coverage provided by such plan or issuer on the day before the date of enactment of the Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2007, and such requirement shall be deemed to be incorporated into this section.''. (2) Conforming amendment.--Section 2721(b)(2)(A) of the Public Health Service Act (42 U.S.C. 300gg-21(b)(2)(A)) is amended by inserting ``(other than section 2707)'' after ``requirements of such subparts''. (b) Application to Group Health Plans and Group Health Insurance Coverage Under the Employee Retirement Income Security Act of 1974.-- (1) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following new section: ``SEC. 714. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY TRANSPLANT RECIPIENTS. ``A group health plan (and a health insurance issuer offering health insurance coverage in connection with a group health plan) shall provide coverage of immunosuppressive drugs in connection with a kidney transplant that is at least as comprehensive as the coverage provided by such plan or issuer on the day before the date of enactment of the Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2007, and such requirement shall be deemed to be incorporated into this section.''. (2) Conforming amendments.-- (A) Section 732(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (B) The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Coverage of immunosuppressive drugs.''. (c) Application to Group Health Plans Under the Internal Revenue Code of 1986.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended-- (1) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Coverage of immunosuppressive drugs for kidney transplant recipients.''; and (2) by inserting after section 9812 the following: ``SEC. 9813. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY TRANSPLANT RECIPIENTS. ``A group health plan shall provide coverage of immunosuppressive drugs in connection with a kidney transplant that is at least as comprehensive as the coverage provided by such plan on the day before the date of enactment of the Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2007, and such requirement shall be deemed to be incorporated into this section.''. (d) Effective Date.--The amendments made by this section shall apply to plan years beginning on or after January 1, 2008.

Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2007 - Amends SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) to: (1) continue entitlement to prescription drugs used in immunosuppressive therapy furnished to an individual who receives a kidney transplant for which payment is made under Medicare; and (2) extend Medicare secondary payer requirements for end stage renal disease (ESRD) beneficiaries. Amends title XVIII (Medicare ) of SSA to apply special rules to kidney transplant recipients receiving additional coverage for immunosuppressive drugs. Deems such individual to be enrolled under Medicare part B. Makes him or her responsible for the full amount of the applicable premiums. Applies deductible and coinsurance requirements to the provision of such drugs. Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to set forth requirements for group health plans to provide coverage of immunosuppressive drugs for kidney transplant patients.

A bill to amend title XVIII of the Social Security Act to provide continued entitlement to coverage for immunosuppressive drugs furnished to beneficiaries under the Medicare Program that have received a kidney transplant and whose entitlement to coverage would otherwise expire, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare HMO Protection Act of 1998''. SEC. 2. AUTHORITY TO EVALUATE AND ALTER TERMINATION DECISIONS. Section 1851(g)(3) of the Social Security Act (42 U.S.C. 1395w- 21(g)(3)) is amended by adding at the end the following: ``(E) Authority to delay termination date.-- ``(i) In general.--If a Medicare+Choice organization terminates a plan under subparagraph (B)(iii), the Secretary may delay the effectiveness of such termination if the Secretary determines that-- ``(I) the termination would cause an imminent and serious risk to the health of individuals enrolled under the plan under this part; ``(II) the termination would result in a significant reduction in the Medicare+Choice plans that are available in the area affected by the termination; or ``(III) the organization terminating coverage is offering Medicare+Choice plans in contract areas that are in close proximity to the area affected by the termination without suffering considerable financial losses. In making the determination described in subclause (III), the Secretary may audit and inspect any books or records of the organization pursuant to the authority provided to the Secretary under section 1857(d). ``(ii) End of delay.--The Secretary may end a delay under clause (i), prior to the end of the period established by the Secretary under such clause, if the Secretary determines that an adequate provider network has been established which will provide at least an equal level of insurance coverage as existed in the area affected by the termination on the date the Medicare+Choice organization informed the Secretary of its intention to terminate the contract. ``(F) Authority to renegotiate contract.--If the Secretary delays the effectiveness of a termination for a period pursuant to subparagraph (E), the Secretary and the Medicare+Choice organization terminating coverage pursuant to subparagraph (B)(iii) may negotiate during such period for a new contract under section 1857 which will enable such organization to continue such coverage. In negotiating such contract, the Secretary shall ensure that beneficiaries are not adversely affected by such contract.''. SEC. 3. EXTENSION OF INITIAL MEDICARE+CHOICE CONTRACT PERIOD TO 3 YEARS. (a) In General.--Section 1857(c)(1) of the Social Security Act (42 U.S.C. 1395w-27(c)(1)) is amended by striking ``a term of at least 1 year'' and inserting ``a term of at least 3 years''. (b) Effective Date.--The amendment made by subsection (a) applies to contracts entered into on or after the date of enactment of this Act. SEC. 4. NOTICE OF TERMINATION. (a) In General.--Section 1857(d)(3) of the Social Security Act (42 U.S.C. 1395w-27(d)(3)) is amended to read as follows: ``(3) Enrollee notice at time of termination.-- ``(A) In general.--Each contract under this section shall require the organization to provide (and pay for) written notice at least 120 days prior to the contract's termination, as well as a description of alternatives for obtaining benefits under this title, to each individual enrolled with the organization under this part. ``(B) Description.--The description of alternatives referred to in subparagraph (A) shall include a description of-- ``(i) all Medicare+Choice plans and medicare supplemental policies available in the area where the contract that is being terminated is serving beneficiaries and the costs of such plans and policies; and ``(ii) the telephone number of local social service agencies providing assistance to medicare beneficiaries in such area.''. (b) Effective Date.--The amendment made by subsection (a) applies to any notice of termination which is provided on or after the date of enactment of this Act.

Medicare HMO Protection Act of 1998 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Services to delay the effectiveness of a Medicare+Choice organization's termination of its plan with respect to all individuals in an area, if: (1) the termination would cause an imminent and serious health risk to enrollees; (2) the termination would result in a significant reduction in the Medicare+Choice plans available in the area affected; or (3) the organization terminating coverage is offering Medicare+Choice plans in contract areas close to the area affected without suffering considerable financial losses. Amends Medicare part C with regard to contracts with Medicare+Choice organizations to provide for extension of the initial Medicare+Choice contract period from one year to three years and to revise certain requirements for notification of enrollees at the time of contract termination.

Medicare HMO Protection Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending Homelessness Act of 2016''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) although the United States has experienced a reduction in veteran homelessness after a surge of new Federal funding targeted to homeless veterans starting in fiscal year 2008, major progress towards the national goals for ending homelessness in our Nation has virtually stalled in the absence of increased funding; (2) according to the Department of Housing and Urban Development's 2015 point-in-time count, there were 564,708 people experiencing homelessness in the United States on any given night, including 83,170 chronically homeless individuals; (3) between 2014 and 2015, homelessness among major city Continuum of Care programs, which account for 48 percent of all homeless people in the U.S., increased by 3 percent; (4) homelessness in many major cities has reached crisis proportions and some cities have declared that homelessness has reached a state of emergency; and (5) the Federal Government must renew its commitment to the national goals to end homelessness. SEC. 3. EMERGENCY RELIEF FUNDING. Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et seq) is amended-- (1) by redesignating section 491 (42 U.S.C. 11408; relating to rural housing stability grant program) as section 441; (2) by redesignating section 592 (42 U.S.C. 11408a; relating to use of FMHA inventory for transitional housing for homeless persons and for turnkey housing) as section 442; and (3) by adding at the end the following new subtitle: ``Subtitle E--5-Year Path To End Homelessness ``SEC. 451. EMERGENCY RELIEF FUNDING. ``(a) Direct Appropriations.--There is appropriated out of any money in the Treasury not otherwise appropriated for each of fiscal years 2017 through 2021, $1,000,000,000, to remain available until expended, for emergency relief grants under this section to address the unmet needs of homeless populations in jurisdictions with the highest need. ``(b) Formula Grants.-- ``(1) Allocation.--Amounts appropriated under subsection (a) for a fiscal year shall be allocated among collaborative applicants that comply with section 402, in accordance with the funding formula established under paragraph (2) of this subsection. ``(2) Formula.--The Secretary shall, in consultation with the United States Interagency Council on Homeless, establish a formula for allocating grant amounts under this section to address the unmet needs of homeless populations in jurisdictions with the highest need, using the best currently available data that targets need based on key structural determinants of homelessness in the geographic area represented by a collaborative applicant, which shall include data providing accurate counts of-- ``(A) the poverty rate in the geographic area represented by the collaborative applicant; ``(B) shortages of affordable housing for low-, very low-, and extremely low-income households in the geographic area represented by the collaborative applicant; ``(C) the number of overcrowded housing units in the geographic area represented by the collaborative applicant; ``(D) the number of unsheltered homeless individuals and the number of chronically homeless individuals; and ``(E) any other factors that the Secretary considers appropriate. ``(3) Grants.--For each fiscal year for which amounts are made available under subsection (a), the Secretary shall make a grant to each collaborative applicant for which an amount is allocated pursuant to application of the formula established pursuant to paragraph (2) of this subsection in an amount that is equal to the formula amount determined for such collaborative applicant. ``(4) Timing.-- ``(A) Formula to be devised swiftly.--The funding formula required under paragraph (2) shall be established not later than 60 days after the date of enactment of this section. ``(B) Distribution.--Amounts appropriated or otherwise made available under this section shall be distributed according to the funding formula established pursuant to paragraph (2) not later than 30 days after the establishment of such formula. ``(c) Use of Grants.-- ``(1) In general.--Subject to paragraphs (2) through (4), a collaborative applicant that receives a grant under this section may use such grant amounts only for eligible activities under section 415, 423, or 441(b). ``(2) Permanent supportive housing requirement.-- ``(A) Requirement.--Except as provided in subparagraph (B), each collaborative applicant that receives a grant under this section shall use not less than 75 percent of such grant amount for permanent supportive housing, including capital costs, rental subsidies, and services. ``(B) Exemption.--The Secretary shall exempt a collaborative applicant from the applicability of the requirement under subparagraph (A) if the applicant demonstrates, in accordance with such standards and procedures as the Secretary shall establish, that-- ``(i) chronic homelessness has been functionally eliminated in the geographic area served by the applicant; or ``(ii) the permanent supportive housing under development in the geographic area served by the applicant is sufficient to functionally eliminate chronic homelessness once such units are available for occupancy. The Secretary shall consider and make a determination regarding each request for an exemption under this subparagraph not later than 60 days after receipt of such request. ``(3) Limitation on use for administrative expenses.--Not more than 5 percent of the total amount of any grant under this section to a collaborative applicant may be used for costs of administration. ``(4) Housing first requirement.--The Secretary shall ensure that each collaborative applicant that receives a grant under this section is implementing, to the extent possible, and will use such grant amounts in accordance with, a Housing First model for assistance for homeless persons. ``(d) Renewal Funding.--Expiring contracts for leasing, rental assistance, or permanent housing shall be treated, for purposes of section 429, as expiring contracts referred to in subsection (a) of such section. ``(e) Reporting to Congress.-- ``(1) Initial report.--Not later than September 1, 2016, the Secretary and the United States Interagency Council on Homelessness shall submit a report to the Committees on Financial Services and Appropriations of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Appropriations of the Senate describing the design and implementation of the grant program under this section, which shall include the formula required by subsection (b)(2). ``(2) Semiannual status reports.-- ``(A) Reports to congress.--The Secretary and the United States Interagency Council on Homelessness shall submit reports to the Committees specified in paragraph (1) semiannually describing the operation of the grant program under this section during the preceding 6 months, including identification of the grants made and a description of the activities funded with grant amounts. ``(B) Collection of information by secretary.--The Secretary shall require each collaborative applicant that receives a grant under this section to submit such information to the Secretary as may be necessary for the Secretary to comply with the reporting requirement under subparagraph (A). ``SEC. 452. SPECIAL PURPOSE VOUCHERS. ``(a) Direct Appropriation.--There is appropriated out of any money in the Treasury not otherwise appropriated for each of fiscal years 2017 through 2021, $500,000,000, to remain available until expended, which shall be used as follows: ``(1) Rental assistance.--Except as provided in paragraph (2), such amount shall be used for incremental assistance for rental assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) for persons and households who are homeless (as such term is defined in section 103 (42 U.S.C. 11302)), which assistance shall be in addition to such assistance provided pursuant to renewal of expiring contracts for such assistance. ``(2) Administrative fees.--The Secretary may use not more than 10 percent of such amounts provided for each fiscal year for administrative fees under 8(q) of the United States Housing Act of 1937 (42 U.S.C. 1437f(q)). The Secretary shall establish policies and procedures to provide such fees to the extent necessary to assist homeless persons and families on whose behalf rental assistance is provided to find and maintain suitable housing. ``(b) Allocation.--The Secretary shall make assistance provided under this section available to public housing agencies based on geographical need for such assistance by homeless persons and households, as identified by the Secretary, public housing agency administrative performance, and other factors as specified by the Secretary. ``(c) Availability.--Assistance made available under this section shall continue to remain available only for homeless persons and households upon turn-over. ``(d) Renewal Funding.--Renewal of expiring contracts for rental assistance provided under subsection (a) and for administrative fees under such subsection shall, to the extent provided in appropriation Acts, be funded under the section 8 tenant-based rental assistance account. ``(e) Waiver Authority.--Upon a finding by the Secretary that a waiver or alternative requirement pursuant to this subsection is necessary to ensure that homeless persons and households can obtain housing using rental assistance made available under this section, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the use of funds made available under this section (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) that relates to screening of applicants for assistance, admission of applicants, and selection of tenants. The Secretary shall require public housing agencies receiving rental assistance funding made available under this section to take all reasonable actions to help assisted persons and families avoid subsequent homelessness. ``SEC. 453. OUTREACH FUNDING. ``(a) Direct Appropriation.--There is appropriated out of any money in the Treasury not otherwise appropriated for each of fiscal years 2017 through 2021, $100,000,000, to remain available until expended, to the Secretary for grants under this section to provide outreach and coordinate services for persons and households who are homeless or formerly homeless. ``(b) Grants.-- ``(1) In general.--The Secretary shall make grants under this section on a competitive basis only to collaborative applicants who comply with section 402. ``(2) Priority.--The competition for grants under this section shall provide priority to collaborative applicants who submit plans to make innovative and effective use of staff funded with grant amounts pursuant to subsection (c). ``(c) Use of Grants.--A collaborative applicant that receives a grant under this section may use such grant amounts only for providing case managers, social workers, or other staff who conduct outreach and coordinate services for persons and households who are homeless or formerly homeless. ``(d) Timing.-- ``(1) Criteria to be established swiftly.--The Secretary shall establish the criteria for the competition for grants under this section required under subsection (b) not later than 60 days after the date of enactment of this section. ``(2) Distribution.--Amounts appropriated or otherwise made available under this section shall be distributed according to the competition established by the Secretary pursuant to subsection (b) not later than 30 days after the establishment of such criteria.''. SEC. 4. HOUSING TRUST FUND. (a) Annual Funding.--There is appropriated, out of any money in the Treasury not otherwise appropriated, for fiscal year 2017 and each fiscal year thereafter, $1,000,000,000, to remain available until expended, which shall be credited to the Housing Trust Fund established pursuant to section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568) for use under such section. (b) Rental Assistance.--There is appropriated, out of any money in the Treasury not otherwise appropriated, for fiscal year 2017 and each fiscal year thereafter, $50,000,000, to remain available until expended, for incremental project-based voucher assistance or project- based rental assistance, to be allocated to States pursuant to the formula established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568), to be used solely in conjunction with grant funds awarded under such section 1338. (c) Tenant Rent Contribution.-- (1) Limitation.--Subparagraph (A) of section 1338(c)(7) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568(c)(7)(A)) is amended-- (A) by striking ``except that not less than 75 percent'' and inserting the following: ``except that-- ``(i) not less than 75 percent''; (B) by adding at the end the following new clause: ``(ii) notwithstanding any other provision of law, all rental housing dwelling units shall be subject to legally binding commitments that ensure that the contribution toward rent by a family residing in the dwelling unit shall not exceed 30 percent of the adjusted income (as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))) of such family; and''. (2) Regulations.--The Secretary of Housing and Urban Development shall issue regulations to implement section 1338(c)(7)(A)(ii) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, as added by the amendment made by paragraph (1)(B) of this section, not later than the expiration of the 90-day period beginning on the date of the enactment of this Act. SEC. 5. TECHNICAL ASSISTANCE FUNDS TO HELP STATES AND LOCAL ORGANIZATIONS ALIGN HEALTH AND HOUSING SYSTEMS. (a) Funding.--There is hereby made available to the Secretary of Housing and Urban Development $20,000,000, to remain available until expended, for providing technical assistance under section 405 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361(b)) in connection with expanding the Healthcare and Housing (H2) Systems Integration Initiative of the Secretary of Housing and Urban Development, in collaboration with the United States Interagency Council on Homelessness and the Secretary of Health and Human Services. (b) Use.--In expanding the Initiative referred to in subsection (a), the Secretary shall seek to-- (1) assist States and localities in integrating and aligning policies and funding between Medicaid programs, behavioral health providers, and housing providers to create supportive housing opportunities; and (2) engages State Medicaid program directors, Governors, State housing and homelessness agencies, any other relevant State offices, and any relevant local government entities, to assist States in increasing use of their Medicaid programs to finance supportive services for homeless persons. (c) Priority.--In using amounts made available under this section, the Secretary shall give priority to use for States and localities having the highest numbers of chronically homeless persons. SEC. 6. PERMANENT AUTHORIZATION OF APPROPRIATIONS FOR MCKINNEY-VENTO HOMELESS ASSISTANCE ACT GRANTS. Section 408 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11364) is amended to read as follows: ``SEC. 408. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title such sums as may be necessary for each fiscal year.''. SEC. 7. PERMANENT EXTENSION OF UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS. Section 209 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11319) is hereby repealed. SEC. 8. EMERGENCY DESIGNATION. (a) In General.--The amounts provided by this Act, and the amendments made by this Act, are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). (b) Designation in Senate.--In the Senate, this Act and the amendments made by this Act are designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.

Ending Homelessness Act of 2016 This bill amends the McKinney-Vento Homeless Assistance Act to make additional FY2017-FY2021 appropriations available for: (1) emergency relief grants to address the unmet needs of homeless populations in jurisdictions with the highest need, (2) rental assistance under the United States Housing Act of 1937 for persons and households who are homeless, and (3) homeless outreach and coordination services. Beginning in FY2017, the bill also provides annual additional funds for: (1) the Housing Trust Fund to provide grants to states for use to increase homeownership and the supply of rental housing for extremely low- and very low-income families, including homeless families; and (2) incremental project-based voucher or rental assistance under the Federal Housing Enterprises Financial Safety and Soundness Act of 1992. When the Department of Housing and Urban Development (HUD) allocates grants to states from the Housing Trust Fund for rental housing, the dwelling units must be subject to legally binding commitments to ensure that the residing family's contribution toward rent does not exceed 30% of the family's adjusted income. The bill provides funding to HUD to expand the Healthcare and Housing (H2) Systems Integration Initiative by assisting states and localities in coordinating policies among Medicaid programs, behavioral health providers, housing providers, and finance support services for homeless persons. The bill also makes permanent: (1) certain housing assistance programs under the Homeless Assistance Act, and (2) the U.S. Interagency Council on Homelessness.

Ending Homelessness Act of 2016

SECTION 1. PURPOSE. The purpose of this Act is-- (1) to encourage the best and brightest candidates to teach in public elementary and secondary schools serving disadvantaged populations; and (2) to encourage high achieving candidates to enter the teaching profession who would otherwise not consider a career in teaching. SEC. 2. GRANTS AUTHORIZED. (a) In General.--The Secretary is authorized to award grants to at least 50 local educational agencies for a fiscal year to enable the local educational agencies to award bonuses to highly qualified individuals who agree to teach in elementary schools or secondary schools that are served by the local educational agency and located in high poverty areas, for a period of not less than 4 years. (b) Local Educational Agency Eligibility.--A local educational agency shall be eligible for a grant under this Act if-- (1) not less than 20 percent of children in the schools served by the local educational agency are eligible to be counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)); or (2) the local educational agency is eligible to be counted under section 10952 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8272). (c) Requirement.--The Secretary shall award a grant under subsection (a) to at least 1 eligible local educational agency in each State. (d) Amount.--Grants under this section shall be awarded based on the number of students enrolled in schools under the jurisdiction of the local educational agency involved. With respect to a local educational agency with an enrollment of-- (1) 1,500 or fewer students, the amount of a grant shall be $22,500; (2) at least 1,501 but less than 5,001 students, the amount of a grant shall be $112,500; (3) at least 5,001 but less than 15,001 students, the amount of a grant shall be $150,000; and (4) at least 15,001 students, the amount of a grant shall be $300,000. (e) Bonuses Not Taxed.--For purposes of the Internal Revenue Code of 1986, a bonus awarded under this Act shall not be includable in the gross income of the individual awarded the bonus. (f) Collaboration.--The Secretary shall collaborate with local educational agencies, local boards of education, and local offices of student financial assistance in carrying out the program assisted under this section. (g) Definition.--The definitions in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801) shall apply to this Act. SEC. 3. LOCAL REQUIREMENTS. (a) Local Uses.--Each local educational agency receiving a grant under this Act shall use the funds made available under this Act to-- (1) award bonuses to highly qualified individuals who agree to teach in elementary schools or secondary schools in which at least 40 percent of the children are eligible to be counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)); (2) award the bonuses in accordance with subsection (b) on a competitive basis taking into consideration-- (A) objective measures such as test scores, grade point average or class rank, and such other criteria as the local educational agency may determine appropriate; and (B) recommendations received under subsection (c); and (3) award the bonuses in the amount of $15,000 with $7,500 paid after the first year of such teaching and $7,500 paid after the second year of such teaching. (b) Bonuses.--With respect to bonuses under subsection (a)(2), the local educational agency shall, with respect to a local educational agency with an enrollment of-- (1) 1,500 or fewer students, award bonuses to not more than 3 highly qualified individuals in the fiscal year involved; (2) at least 1,501 but less than 5,001 students, award bonuses to not more than 15 highly qualified individuals; (3) at least 5,001 but less than 15,001 students, award bonuses to not more than 20 highly qualified individuals; and (4) at least 15,001 students, award bonuses to not more than 40 highly qualified individuals. (c) Prohibition.--Each local educational agency receiving a grant under this Act shall not use the grant funds to offset the salary of a teacher awarded a bonus under this Act. (d) Recommendations.--Each local educational agency receiving a grant under this Act shall establish a system for receiving a limited number of recommendations from institutions of higher education for individuals to receive bonus awards under this Act. SEC. 4. ELIGIBILITY. To be eligible to receive a bonus award under this Act an individual-- (1) shall enter into an agreement with the local educational agency to work in a school described in section 3(a)(1) for not less than 4 years or repay the bonus in accordance with section 6; (2) shall pass all State certification examinations required to teach in an elementary school or secondary school in the State; (3) shall have graduated with a 3.5 grade point average from an institution of higher education, or have graduated in the top 15 percent of the individual's graduating class at an institution of higher education, with a bachelor's degree; (4) shall submit an application to the local educational agency in accordance with section 5(a). SEC. 5. APPLICATIONS; NOTIFICATION. (a) Application.--Each individual desiring a bonus award under this Act shall submit an application to a local educational agency not later than January 15 of each year containing such information as the local educational agency may require. (b) Notification.--A local educational agency shall notify individuals of their bonus awards by May 1 of each year. SEC. 6. REPAYMENT. Each individual who receives a bonus award under this Act and does not comply with the terms of the agreement described in section 4(1) within 6 years of receiving the first bonus award payment under this Act, without an excuse that is acceptable to the local educational agency, shall repay to the local educational agency the amount of the bonus awards received plus interest. Repayment shall begin not later than 2 years after the local educational agency determines the individual is in noncompliance with the agreement. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $15,000,000 for each of the fiscal years 2000 through 2004.

Authorizes the Secretary of Education to make grants to local educational agencies (LEAs) to award nontaxable bonuses to highly qualified individuals who agree to teach in elementary schools or secondary schools that are served by the LEA and located in high poverty areas. Requires such grants to be made to at least 50 LEAs per fiscal year, and to at least one eligible LEA in each State, for a period of not less than four years. Sets forth requirements relating to: (1) LEA, school, and individual eligibility; (2) grant and bonus amounts; (3) a competitive award process based on objective measures and recommendations from higher education institutions; and (4) service obligations or award repayment. Authorizes appropriations.

A bill to provide for a teacher quality enhancement and incentive program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Farm Protection Act of 1995''. SEC. 2. TREATMENT OF LAND SUBJECT TO A QUALIFIED CONSERVATION EASEMENT. (a) Estate Tax With Respect to Land Subject to a Qualified Conservation Easement.--Section 2031 of the Internal Revenue Code of 1986 (relating to the definition of gross estate) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Estate Tax With Respect to Land Subject to a Qualified Conservation Easement.-- ``(1) In general.--If the executor makes the election described in paragraph (3), then, except as otherwise provided in this subsection, there shall be excluded from the gross estate the value of land subject to a qualified conservation easement (reduced by the amount of any indebtedness to which such land is subject). ``(2) Treatment of Retained Development Right.-- ``(A) In general.--Paragraph (1) shall not apply to the value of any development right retained by the donor in the conveyance of a qualified conservation easement. The tax imposed by section 2001 (if any) attributable to any development right so retained shall be imposed only upon the disposition of such property. The tax so imposed shall be due and payable by the person so disposing of such property on the 15th day of the 4th month following the calendar year in which such disposition occurs. ``(B) Definitions.--For purposes of this paragraph-- ``(i) Disposition.--The term `disposition' shall not include any gift or devise. ``(ii) Development right.--The term `development right' means the right to establish or use any structure and the land immediately surrounding it for sale, rent, or any other commercial purpose which is not subordinate to and directly supportive of-- ``(I) the conservation purpose identified in the easement, or ``(II) the activity of farming, forestry, ranching, horticulture, viticulture, or recreation (whether or not for profit) conducted on land subject to the easement in which such right is retained. ``(3) Election.--The election under this subsection shall be made on the return of the tax imposed by section 2001. Such an election, once made, shall be irrevocable. ``(4) Calculation and notice of potential estate tax due.-- An executor making the election described in paragraph (3) shall compute the amount of tax imposed by section 2001 upon any development right (as defined in paragraph (2)) retained by the donor in the conveyance of such qualified conservation easement and include such computation with the return of the tax imposed by section 2001. The executor shall also file a `Notice of Potential Estate Tax Due' in the place or places where deeds are put to public record for the locality in which the land subject to such qualified conservation easement is located. The report of the computation of tax on any retained development right and the filing of the notice prescribed in this paragraph shall be done in such manner and on such forms as the Secretary shall prescribe. ``(5) Definitions.--For purposes of this subsection-- ``(A) Land subject to a qualified conservation easement.--The term `land subject to a qualified conservation easement' means land-- ``(i) which is located in or within 50 miles of an area which, on the date of the decedent's death, is-- ``(I) a metropolitan area (as defined by the Office of Management and Budget), or ``(II) a National Park (unless it is determined by the Secretary that land in or within 50 miles of such a Park is not under significant development pressure), ``(ii) which was owned by the decedent or a member of the decedent's family at all times during the 3-year period ending on the date of the decedent's death, and ``(iii) with respect to which a qualified conservation easement is or has been made by the decedent or a member of the decedent's family. ``(B) Qualified conservation easement.--The term `qualified conservation easement' means a qualified conservation contribution (as defined in section 170(h)(1)) of a qualified real property interest (as defined in section 170(h)(2)(C)). Clause (iv) of section 170(h)(4)(A) shall not apply for purposes of the preceding sentence. ``(C) Member of family.--The term `member of the decedent's family' means any member of the family (as defined in section 2032A(e)(2)) of the decedent.'' (b) Carryover Basis.--Section 1014(a) of such Code (relating to basis of property acquired from a decedent) is amended by striking the period at the end of paragraph (3) and inserting ``, or'' and by adding after paragraph (3) the following new paragraph: ``(4) to the extent of the applicability of the exclusion described in section 2031(c), the basis in the hands of the decedent.'' (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after December 31, 1994. SEC. 3. GIFT TAX ON LAND SUBJECT TO A QUALIFIED CONSERVATION EASEMENT. (a) Gift Tax With Respect to Land Subject to a Qualified Conservation Easement.--Section 2503 of the Internal Revenue Code of 1986 (relating to taxable gifts) is amended by adding at the end the following new subsection: ``(h) Gift Tax With Respect to Land Subject to a Qualified Conservation Easement.--The transfer by gift of land subject to a qualified conservation easement shall not be treated as a transfer of property by gift for purposes of this chapter. For purposes of this subsection, the term `land subject to a qualified conservation easement' has the meaning given to such term by section 2031(c); except that references to the decedent shall be treated as references to the donor and references to the date of the decedent's death shall be treated as references to the date of the transfer by the donor.'' (b) Effective Date.--The amendment made by this section shall apply to gifts made after December 31, 1994. SEC. 4. QUALIFIED CONSERVATION CONTRIBUTION IS NOT A DISPOSITION. (a) Qualified Conservation Contribution Is Not a Disposition.-- Subsection (c) of section 2032A of the Internal Revenue Code of 1986 (relating to alternative valuation method) is amended by adding at the end the following new paragraphs: ``(8) Qualified conservation contribution is not a disposition.--A qualified conservation contribution (as defined in section 170(h)) by gift or otherwise shall not be deemed a disposition under subsection (c)(1)(A). ``(9) Exception for real property is land subject to a qualified conservation easement.--If qualified real property is land subject to a qualified conservation easement (as defined in section 2031(c)), the preceding paragraphs of this subsection shall not apply.'' (b) Land Subject to a Qualified Conservation Easement Is Not Disqualified.--Subsection (b) of section 2032A of such Code (relating to alternative valuation method) is amended by adding at the end the following paragraph: ``(E) If property is otherwise qualified real property, the fact that it is land subject to a qualified conservation easement (as defined in section 2031(c)) shall not disqualify it under this section.'' (c) Effective Date.--The amendments made by this section shall apply with respect to contributions made, and easements granted, after December 31, 1994.

American Farm Protection Act of 1995 - Amends the Internal Revenue Code to exclude from the gross estate tax the value of land subject to a qualified conservation easement (less the amount of any indebtedness secured by such land). Includes in the gross estate tax the value of each development right retained by the donor in the conveyance of the easement. Makes such tax due upon the disposition of the property. Provides that such land subject to the exclusion will have a carryover basis for purposes of determining gain or loss. Excludes from the gift tax transfers by gift of land subject to a conservation easement. Declares that for purposes of the alternative estate valuation method: (1) a qualified conservation contribution is not a disposition; and (2) land subject to a conservation easement is not disqualified.

American Farm Protection Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Center for Social Work Research Act''. SEC. 2 ESTABLISHMENT OF NATIONAL CENTER FOR SOCIAL WORK RESEARCH. (a) In General.--Section 401(b)(2) of the Public Health Service Act (42 U.S.C. 281(b)(2)) is amended by adding at the end the following: ``(F) The National Center for Social Work Research.''. (b) Establishment.--Part E of title IV of the Public Health Service Act (42 U.S.C. 287 et seq.) is amended by adding at the end the following: ``Subpart 5--National Center for Social Work Research ``SEC. 485G. PURPOSE OF CENTER. ``The general purpose of the National Center for Social Work Research (referred to in this subpart as the `Center') is the conduct and support of, and dissemination of information with respect to basic, clinical, and services social work research, training, and other programs in patient care, including child and family care. ``SEC. 485H. SPECIFIC AUTHORITIES. ``(a) In General.--To carry out the purpose described in section 485G, the Director of the Center may provide research training and instruction and establish, in the Center and in other nonprofit institutions, research traineeships and fellowships in the study and investigation of the prevention of disease, health promotion, and the social work care of persons with and families of individuals with acute and chronic illnesses, including child abuse and neglect and child and family care. ``(b) Stipends and Allowances.--The Director of the Center may provide individuals receiving training and instruction or traineeships or fellowships under subsection (a) with such stipends and allowances (including amounts for travel and subsistence and dependency allowances) as the Director determines necessary. ``(c) Grants.--The Director of the Center may make grants to nonprofit institutions to provide training and instruction and traineeships and fellowships under subsection (a). ``SEC. 485I. ADVISORY COUNCIL. ``(a) Duties.-- ``(1) In general.--The Secretary shall establish an advisory council for the Center that shall advise, assist, consult with, and make recommendations to the Secretary and the Director of the Center on matters related to the activities carried out by and through the Center and the policies with respect to such activities. ``(2) Gifts.--The advisory council for the Center may recommend to the Secretary the acceptance, in accordance with section 231, of conditional gifts for study, investigations, and research and for the acquisition of grounds or construction, equipment, or maintenance of facilities for the Center. ``(3) Other duties and functions.--The advisory council for the Center-- ``(A)(i) may make recommendations to the Director of the Center with respect to research to be conducted by the Center; ``(ii) may review applications for grants and cooperative agreements for research or training and recommend for approval applications for projects that demonstrate the probability of making valuable contributions to human knowledge; and ``(iii) may review any grant, contract, or cooperative agreement proposed to be made or entered into by the Center; ``(B) may collect, by correspondence or by personal investigation, information relating to studies that are being carried out in the United States or any other country as to the diseases, disorders, or other aspects of human health with respect to which the Center is concerned and, with the approval of the Director of the Center, make such information available through appropriate publications for the benefit of public and private health entities and health professions personnel and scientists and for the information of the general public; and ``(C) may appoint subcommittees and convene workshops and conferences. ``(b) Membership.-- ``(1) In general.--The advisory council shall be composed of the ex officio members described in paragraph (2) and not more than 18 individuals to be appointed by the Secretary under paragraph (3). ``(2) Ex officio members.--The ex officio members of the advisory council shall include-- ``(A) the Secretary, the Director of NIH, the Director of the Center, the Chief Social Work Officer of the Veterans' Administration, the Assistant Secretary of Defense for Health Affairs, the Associate Director of Prevention Research at the National Institute of Mental Health, and the Director of the Division of Epidemiology and Services Research (or the designees of such officers); and ``(B) such additional officers or employees of the United States as the Secretary determines necessary for the advisory council to effectively carry out its functions. ``(3) Appointed members.--The Secretary shall appoint not to exceed 18 individuals to the advisory council, of which-- ``(A) not more than two-thirds of such individual shall be appointed from among the leading representatives of the health and scientific disciplines (including public health and the behavioral or social sciences) relevant to the activities of the Center, and at least 7 such individuals shall be professional social workers who are recognized experts in the area of clinical practice, education, or research; and ``(B) not more than one-third of such individuals shall be appointed from the general public and shall include leaders in fields of public policy, law, health policy, economics, and management. The Secretary shall make appointments to the advisory council in such a manner as to ensure that the terms of the members do not all expire in the same year. ``(4) Compensation.--Members of the advisory council who are officers or employees of the United States shall not receive any compensation for service on the advisory council. The remaining members shall receive, for each day (including travel time) they are engaged in the performance of the functions of the advisory council, compensation at rates not to exceed the daily equivalent of the annual rate in effect for an individual at grade GS-18 of the General Schedule. ``(c) Terms.-- ``(1) In general.--The term of office of an individual appointed to the advisory council under subsection (b)(3) shall be 4 years, except that any individual appointed to fill a vacancy on the advisory council shall serve for the remainder of the unexpired term. A member may serve after the expiration of the member's term until a successor has been appointed. ``(2) Reappointments.--A member of the advisory council who has been appointed under subsection (b)(3) for a term of 4 years may not be reappointed to the advisory council prior to the expiration of the 2-year period beginning on the date on which the prior term expired. ``(3) Vacancy.--If a vacancy occurs on the advisory council among the members under subsection (b)(3), the Secretary shall make an appointment to fill that vacancy not later than 90 days after the date on which the vacancy occurs. ``(d) Chairperson.--The chairperson of the advisory council shall be selected by the Secretary from among the members appointed under subsection (b)(3), except that the Secretary may select the Director of the Center to be the chairperson of the advisory council. The term of office of the chairperson shall be 2 years. ``(e) Meetings.--The advisory council shall meet at the call of the chairperson or upon the request of the Director of the Center, but not less than 3 times each fiscal year. The location of the meetings of the advisory council shall be subject to the approval of the Director of the Center. ``(f) Administrative Provisions.--The Director of the Center shall designate a member of the staff of the Center to serve as the executive secretary of the advisory council. The Director of the Center shall make available to the advisory council such staff, information, and other assistance as the council may require to carry out its functions. The Director of the Center shall provide orientation and training for new members of the advisory council to provide such members with such information and training as may be appropriate for their effective participation in the functions of the advisory council. ``(g) Comments and Recommendations.--The advisory council may prepare, for inclusion in the biennial report under section 485J-- ``(1) comments with respect to the activities of the advisory council in the fiscal years for which the report is prepared; ``(2) comments on the progress of the Center in meeting its objectives; and ``(3) recommendations with respect to the future direction and program and policy emphasis of the center. The advisory council may prepare such additional reports as it may determine appropriate. ``SEC. 485J. BIENNIAL REPORT. ``The Director of the Center, after consultation with the advisory council for the Center, shall prepare for inclusion in the biennial report under section 403, a biennial report that shall consist of a description of the activities of the Center and program policies of the Director of the Center in the fiscal years for which the report is prepared. The Director of the Center may prepare such additional reports as the Director determines appropriate. The Director of the Center shall provide the advisory council of the Center an opportunity for the submission of the written comments described in section 485I(g).''.

National Center for Social Work Research Act - Amends the Public Health Service Act to establish the National Center for Social Work Research.

National Center for Social Work Research Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Apprenticeship and Jobs Training Act of 2014''. SEC. 2. TAX CREDIT FOR APPRENTICESHIP PROGRAMS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. CREDIT FOR APPRENTICESHIP PROGRAM EXPENSES. ``(a) Tax Credit.-- ``(1) In general.--For purposes of section 38, in the case of an employer, the apprenticeship program credit determined under this section for any taxable year with respect to each qualified individual in a qualified apprenticeship program is an amount equal to the lesser of-- ``(A) the amount of any wages (as defined in section 51(c)(1)) paid or incurred by the employer with respect to such qualified individual during the taxable year, or ``(B) $5,000. ``(2) Established apprenticeship programs.-- ``(A) In general.--The apprenticeship program credit determined under this section for the taxable year shall only be applicable to the number of qualified individuals in a qualified apprenticeship program which are in excess of the apprenticeship participation average for such employer (as determined under subparagraph (B)). ``(B) Apprenticeship participation average.--For purposes of subparagraph (A), the apprenticeship participation average shall be equal to the average of the total number of qualified individuals in the qualified apprenticeship program of the employer for-- ``(i) the 3 preceding taxable years, or ``(ii) the number of taxable years in which the qualified apprenticeship program was in existence, whichever is less. ``(3) Denial of double benefit.--No deduction or any other credit shall be allowed under this chapter for any amount taken into account in determining the credit under this section. ``(4) Election not to claim credit.--This section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year. ``(5) Limitation.--The apprenticeship program credit under this section shall not be allowed for more than 3 taxable years with respect to any qualified individual. ``(b) Qualified Individual.-- ``(1) In general.--For purposes of this section, the term `qualified individual' means, with respect to any taxable year, an individual who is an apprentice and-- ``(A) is participating in a qualified apprenticeship program with an employer that is subject to the terms of a valid apprenticeship agreement (as defined in section 29.7 of title 29 of the Code of Federal Regulations), ``(B) has been employed under a qualified apprenticeship program for a period of not less than 7 months that ends within the taxable year, ``(C) is not a highly compensated employee (as defined in section 414(q)), and ``(D) is not a seasonal worker (as defined in section 45R(d)(5)(B)). ``(2) Training received by members of the armed forces.--An employer shall consider and may accept, in the case of a qualified individual participating in a qualified apprenticeship program, any relevant training or instruction received by such individual while serving in the Armed Forces of the United States, for the purpose of satisfying the applicable training and instruction requirements under such qualified apprenticeship program. ``(3) Ineligibility of certain individuals.--For purposes of this subsection, paragraphs (1) and (2) of section 51(i) shall apply. ``(c) Qualified Apprenticeship Program.-- ``(1) In general.--For purposes of this section, the term `qualified apprenticeship program' means an apprenticeship program (as defined in section 29.2 of title 29 of the Code of Federal Regulations), whether or not such program is administered by the employer, which-- ``(A) provides qualified individuals with on-the- job training and instruction for a qualified occupation with the employer, ``(B) is registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor or a State apprenticeship agency recognized by such Office of Apprenticeship, ``(C) maintains records relating to the qualified individual, in such manner as the Secretary, after consultation with the Secretary of Labor, may prescribe, and ``(D) satisfies such other requirements as the Secretary, after consultation with the Secretary of Labor, may prescribe. ``(2) Qualified occupation.--For purposes of paragraph (1)(A), the term `qualified occupation' means a skilled trade occupation in a high-demand mechanical, technical, healthcare, or technology field (or such other occupational field as the Secretary, after consultation with the Secretary of Labor, may prescribe) that satisfies the criteria for an apprenticeable occupation under section 29.4 of title 29 of the Code of Federal Regulations. ``(d) Apprenticeship Agreement.-- ``(1) In general.--For purposes of this section, the term `apprenticeship agreement' means an agreement between a qualified individual and an employer that satisfies the criteria under section 29.7 of title 29 of the Code of Federal Regulations. ``(2) Credit for training received under apprenticeship agreement.--If a qualified individual has received training or instruction through a qualified apprenticeship program with an employer which is subsequently unable to satisfy its obligations under the apprenticeship agreement, such individual may transfer any completed training or instruction for purposes of satisfying any applicable training and instruction requirements under a separate apprenticeship agreement with a different employer. ``(e) Application of Certain Rules.--For purposes of this section, all persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as a single person. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section, including regulations to provide for application of paragraphs (1) and (2) of subsection (a) with respect to qualified individuals in a qualified apprenticeship program who are employed by more than 1 employer.''. (b) Credit To Be Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the apprenticeship program expenses credit determined under section 45S(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45S. Credit for apprenticeship program expenses.''. (d) Conforming Amendments.-- (1) Rule for employment credits.--Section 280C(a) of the Internal Revenue Code of 1986 is amended by inserting ``45S(a),'' after ``45P(a),''. (2) Exclusion for determination of credit for increasing research activities.--Clause (iii) of section 41(b)(2)(D) of such Code is amended by inserting ``the apprenticeship program credit under section 45S(a) or'' after ``in determining''. (e) Evaluation.--Not later than 3 years after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall submit a report to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means and Education and the Workforce of the House of Representatives that contains an evaluation of the activities authorized under this Act, including-- (1) the extent to which qualified individuals completed qualified apprenticeship programs; (2) whether qualified individuals remained employed by an employer that received an apprenticeship program credit under section 45S of the Internal Revenue Code of 1986 and the length of such employment following expiration of the apprenticeship period; (3) whether qualified individuals who completed a qualified apprenticeship program remained employed in the same occupation or field; and (4) recommendations for legislative and administrative actions to improve the effectiveness of the apprenticeship program credit under section 45S of the Internal Revenue Code of 1986. (f) Effective Date.--The amendments made by this Act shall apply to taxable years beginning after December 31, 2014. SEC. 3. ENCOURAGING MENTORS TO TRAIN THE FUTURE. (a) Early Distributions From Qualified Retirement Plans.--Section 72(t)(2) of the Internal Revenue Code of 1986 is amended-- (1) in subparagraph (A)-- (A) by striking ``or'' at the end of clause (vii); (B) by striking the period at the end of clause (viii) and inserting ``, or''; and (C) by adding at the end the following new clause: ``(ix) made to an employee who is serving as a mentor.''; and (2) by adding at the end the following new subparagraph: ``(H) Distributions to mentors.--For purposes of this paragraph, the term `mentor' means an individual who-- ``(i) has attained 55 years of age, ``(ii) is not separated from their employment with a company, corporation, or institution of higher education, ``(iii) in accordance with such requirements and standards as the Secretary determines to be necessary, has substantially reduced their hours of employment with their employer, with the individual to be engaged in mentoring activities described in clause (iv) for not less than 20 percent of the hours of employment after such reduction, and ``(iv) is responsible for the training and education of employees or students in an area of expertise for which the individual has a professional credential, certificate, or degree.''. (b) Distributions During Working Retirement.--Paragraph (36) of section 401(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(36) Distributions during working retirement.-- ``(A) In general.--A trust forming part of a pension plan shall not be treated as failing to constitute a qualified trust under this section solely because the plan provides that a distribution may be made from such trust to an employee who-- ``(i) has attained age 62 and who is not separated from employment at the time of such distribution, or ``(ii) subject to subparagraph (B), is serving as a mentor (as such term is defined in section 72(t)(2)(H)). ``(B) Limitation on distributions to mentors.--For purposes of subparagraph (A)(ii), the amount of the distribution made to an employee who is serving as a mentor shall not be greater than the amount equal to the product obtained by multiplying-- ``(i) the amount of the distribution that would have been payable to the employee if such employee had separated from employment instead of reducing their hours of employment with their employer and engaging in mentoring activities, in accordance with clauses (iii) and (iv) of section 72(t)(2)(H), by ``(ii) the percentage equal to the quotient obtained by dividing-- ``(I) the sum of-- ``(aa) the number of hours per pay period by which the employee's hours of employment are reduced, and ``(bb) the number of hours of employment that such employee is engaging in mentoring activities, by ``(II) the total number of hours per pay period worked by the employee before such reduction in hours of employment.''. (c) ERISA.--Subparagraph (A) of section 3(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(2)) is amended by striking the period at the end and inserting the following: ``, or solely because such distribution is made to an employee who is serving as a mentor (as such term is defined in section 72(t)(2)(H) of the Internal Revenue Code of 1986).''. (d) Effective Date.--The amendments made by this section shall apply to distributions made in taxable years beginning after December 31, 2014.

Apprenticeship and Jobs Training Act of 2014 - Amends the Internal Revenue Code to allow employers a business-related tax credit for up to $5,000 for the training of a qualified individual in a qualified apprenticeship program. Defines a "qualified individual" as an individual who: (1) is an apprentice participating in a qualified apprenticeship program, (2) has been employed in such a program for a period of at least seven months that ends within the taxable year, and (3) is not a highly compensated employee or a seasonal worker. Defines a "qualified apprenticeship program" as a program that: (1) provides qualified individuals with on-the-job training and instruction for a qualified occupation (i.e., a skilled trade occupation in a high-demand mechanical, technical, health care, or technology field); (2) is registered with the Office of Apprenticeship of the Department of Labor; and (3) maintains records relating to the qualified individual. Allows a premature distribution, without penalty, from a tax-qualified retirement plan to an employee who is serving as a mentor. Defines a "mentor" as a working individual who: (1) has attained age 55; (2) works reduced hours and engages in mentoring activities for at least 20% of such hours; and (3) is responsible for the training and education of employees or students in an area of expertise for which such individual has a professional credential, certificate, or degree.

Apprenticeship and Jobs Training Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Natural Gas Reserve Act of 2001''. SEC. 2. NATURAL GAS RESERVE. Title I of the Energy Policy and Conservation Act is amended by-- (1) redesignating part E as part F; (2) redesignating section 191 as section 198; and (3) inserting after part D the following new part E: ``Part E--Natural Gas Reserve ``establishment ``Sec. 191. (a) Authority.--Notwithstanding any other provision of this Act, the Secretary may establish, maintain, and operate a Natural Gas Reserve. The Reserve established under this part is not a component of the Strategic Petroleum Reserve established under part B of this title. ``(b) Definition.--For the purposes of this part, the term `natural gas' has the meaning given that term in section 2(1) of the Natural Gas Policy Act of 1978 (15 U.S.C. 3301(1)). ``authority ``Sec. 192. To the extent necessary or appropriate to carry out this part, the Secretary may-- ``(1) purchase, contract for, lease, or otherwise acquire, in whole or in part, storage and related facilities, and storage services; ``(2) use, lease, maintain, sell, or otherwise dispose of storage and related facilities acquired under this part; ``(3) acquire by purchase, exchange (including exchange of petroleum products from the Strategic Petroleum Reserve or received as royalty from Federal lands), lease, or otherwise, natural gas for storage in the Natural Gas Reserve; ``(4) store natural gas in facilities not owned by the United States; and ``(5) sell, exchange, or otherwise dispose of natural gas from the Natural Gas Reserve, including to maintain the quality or quantity of the natural gas in the Reserve or to maintain the operational capability of the Reserve. ``conditions for release; plan ``Sec. 193. (a) Finding.--The Secretary may sell products from the Natural Gas Reserve upon a finding that there is a natural gas supply shortage. ``(b) Release of Natural Gas.--After consultation with the natural gas industry, the Secretary shall determine procedures governing the release of natural gas from the Natural Gas Reserve. The procedures shall provide that-- ``(1) the Secretary may-- ``(A) sell natural gas from the Reserve through a competitive process; or ``(B) enter into exchange agreements described in section 192(3); ``(2) in all such sales or exchanges, the Secretary shall receive revenue or its equivalent that provides the Department with fair market value; ``(3) at no time may the natural gas be sold or exchanged resulting in a loss of revenue or value to the United States; and ``(4) the Secretary shall only sell or dispose of the natural gas in the Reserve to entities customarily engaged in the sale and distribution of natural gas. ``(c) Plan.--Within 45 days after the date of the enactment of this section, the Secretary shall transmit to the Congress a plan describing-- ``(1) the acquisition of storage and related facilities or storage services for the Natural Gas Reserve, including the potential use of storage facilities not currently in use; ``(2) the acquisition of natural gas for storage in the Natural Gas Reserve; ``(3) the anticipated methods of disposition of natural gas from the Natural Gas Reserve; ``(4) the estimated costs of establishment, maintenance, and operation of the Natural Gas Reserve; ``(5) efforts the Department will take to minimize any potential need for future drawdowns and ensure that distributors and importers are not discouraged from maintaining and increasing supplies; and ``(6) actions to ensure quality of the natural gas in the Natural Gas Reserve. ``natural gas reserve account ``Sec. 194. (a) Establishment.--Upon a decision of the Secretary of Energy to establish a Natural Gas Reserve under this part, the Secretary of the Treasury shall establish in the Treasury of the United States an account known as the `Natural Gas Reserve Account' (referred to in this section as the `Account'). ``(b) Deposits.--The Secretary of the Treasury shall deposit in the Account any amounts appropriated to the Account and any receipts from the sale, exchange, or other disposition of natural gas from the Natural Gas Reserve. ``(c) Availability.--The Secretary of Energy may obligate amounts in the Account to carry out activities under this part without the need for further appropriation, and amounts available to the Secretary of Energy for obligation under this section shall remain available without fiscal year limitation. ``exemptions ``Sec. 195. An action taken under this part is not subject to the rulemaking requirements of section 523 of this Act, section 501 of the Department of Energy Organization Act, or section 553 of title 5, United States Code.''.

Natural Gas Reserve Act of 2001 - Amends the Energy Policy and Conservation Act to authorize the Secretary of Energy to establish and operate a Natural Gas Reserve (NGR), which shall not be deemed to be a component of the Strategic Petroleum Reserve.Sets forth implementation authority for natural gas release and sales predicated upon a finding that a natural gas supply shortage exists. Restricts such sales to entities customarily engaged in natural gas sale and distribution.Instructs the Secretary of the Treasury to establish a Natural Gas Reserve Account to serve as depository for receipts from disposition of NGR natural gas.Authorizes the Secretary of Energy to obligate amounts in such Account without the need for further appropriation. Retains the availability of such funds for obligation without fiscal year limitation.

To provide for the establishment of a Natural Gas Reserve.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Farmer Bankruptcy Clarification Act of 2013''. SEC. 2. CLARIFICATION OF RULE ALLOWING DISCHARGE TO GOVERNMENTAL CLAIMS ARISING FROM THE DISPOSITION OF FARM ASSETS UNDER CHAPTER 12 BANKRUPTCIES. (a) In General.--Subchapter II of chapter 12 of title 11, United States Code, is amended by adding at the end the following: ``Sec. 1232. Claim by a governmental unit based on the disposition of property used in a farming operation ``(a) Any unsecured claim of a governmental unit against the debtor or the estate that arises before the filing of the petition, or that arises after the filing of the petition and before the debtor's discharge under section 1228, as a result of the sale, transfer, exchange, or other disposition of any property used in the debtor's farming operation-- ``(1) shall be treated as an unsecured claim arising before the date on which the petition is filed; ``(2) shall not be entitled to priority under section 507; ``(3) shall be provided for under a plan; and ``(4) shall be discharged in accordance with section 1228. ``(b) For purposes of applying sections 1225(a)(4), 1228(b)(2), and 1229(b)(1) to a claim described in subsection (a) of this section, the amount that would be paid on such claim if the estate of the debtor were liquidated in a case under chapter 7 of this title shall be the amount that would be paid by the estate in a chapter 7 case if the claim were an unsecured claim arising before the date on which the petition was filed and were not entitled to priority under section 507. ``(c) For purposes of applying sections 523(a), 1228(a)(2), and 1228(c)(2) to a claim described in subsection (a) of this section, the claim shall not be treated as a claim of a kind specified in section 523(a)(1). ``(d)(1) A governmental unit may file a proof of claim for a claim described in subsection (a) that arises after the date on which the petition is filed. ``(2) If a debtor files a tax return after the filing of the petition for a period in which a claim described in subsection (a) arises, and the claim relates to the tax return, the debtor shall serve notice of the claim on the governmental unit charged with the responsibility for the collection of the tax at the address and in the manner designated in section 505(b)(1). Notice under this paragraph shall state that the debtor has filed a petition under this chapter, state the name and location of the court in which the case under this chapter is pending, state the amount of the claim, and include a copy of the filed tax return and documentation supporting the calculation of the claim. ``(3) If notice of a claim has been served on the governmental unit in accordance with paragraph (2), the governmental unit may file a proof of claim not later than 180 days after the date on which such notice was served. If the governmental unit has not filed a timely proof of the claim, the debtor or trustee may file proof of the claim that is consistent with the notice served under paragraph (2). If a proof of claim is filed by the debtor or trustee under this paragraph, the governmental unit may not amend the proof of claim. ``(4) A claim filed under this subsection shall be determined and shall be allowed under subsection (a), (b), or (c) of section 502, or disallowed under subsection (d) or (e) of section 502, in the same manner as if the claim had arisen immediately before the date of the filing of the petition.''. (b) Technical and Conforming Amendments.-- (1) In general.--Subchapter II of chapter 12 of title 11, United States Code, is amended-- (A) in section 1222(a)-- (i) in paragraph (2), by striking ``unless--'' and all that follows through ``the holder'' and inserting ``unless the holder''; (ii) in paragraph (3), by striking ``and'' at the end; (iii) in paragraph (4), by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following: ``(5) subject to section 1232, provide for the treatment of any claim by a governmental unit of a kind described in section 1232(a).''; (B) in section 1228-- (i) in subsection (a)-- (I) in the matter preceding paragraph (1)-- (aa) by inserting a comma after ``all debts provided for by the plan''; and (bb) by inserting a comma after ``allowed under section 503 of this title''; and (II) in paragraph (2), by striking ``the kind'' and all that follows and inserting ``a kind specified in section 523(a) of this title, except as provided in section 1232(c).''; and (ii) in subsection (c)(2), by inserting ``, except as provided in section 1232(c)'' before the period at the end; and (C) in section 1229(a)-- (i) in paragraph (2), by striking ``or'' at the end; (ii) in paragraph (3), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(4) provide for the payment of a claim described in section 1232(a) that arose after the date on which the petition was filed.''. (2) Table of sections.--The table of sections for subchapter II of chapter 12 of title 11, United States Code, is amended by adding at the end the following: ``1232. Claim by a governmental unit based on the disposition of property used in a farming operation.''. (c) Effective Date.--The amendments made by this section shall apply to any bankruptcy case that-- (1) is pending on the date of enactment of this Act and relating to which an order of discharge under section 1228 of title 11, United States Code, has not been entered; or (2) commences on or after the date of enactment of this Act.

Family Farmer Bankruptcy Clarification Act of 2013 - Amends chapter 12 of federal bankruptcy law (Debt Adjustment of a Family Farmer or Fisherman with Regular Annual Income) with respect to discharge of governmental claims based upon the disposition of property used in a farming operation. Treats any unsecured claim of a governmental unit against the debtor or debtor's estate as an unsecured debt (hence, not entitled to priority payment), if it results from the sale, transfer, exchange, or other disposition of any property used in the debtor's farming operation and it arises either: (1) before the petition in bankruptcy is filed, or (2) after such filing but before the debtor's discharge. Authorizes a governmental unit to file a proof for a claim that arises after the date on which the petition is filed. Requires such debt to be discharged in accordance with specified discharge procedures. States that, for purposes of applying procedures governing plan confirmation, discharge, and modification after plan confirmation, the amount that would be paid on the claim if the estate were liquidated under chapter 7 shall be the amount that would be paid by the estate in a chapter 7 case if the claim were an unsecured claim arising before the date on which the petition was filed and not entitled to priority payment status.

Family Farmer Bankruptcy Clarification Act of 2013

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Close Big Oil Tax Loopholes Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Sense of Senate on high gas prices. TITLE I--CLOSE BIG OIL TAX LOOPHOLES Sec. 101. Modifications of foreign tax credit rules applicable to major integrated oil companies which are dual capacity taxpayers. Sec. 102. Limitation on section 199 deduction attributable to oil, natural gas, or primary products thereof. Sec. 103. Limitation on deduction for intangible drilling and development costs. Sec. 104. Limitation on percentage depletion allowance for oil and gas wells. Sec. 105. Limitation on deduction for tertiary injectants. TITLE II--OUTER CONTINENTAL SHELF OIL AND NATURAL GAS Sec. 201. Repeal of outer Continental Shelf deep water and deep gas royalty relief. TITLE III--MISCELLANEOUS Sec. 301. Deficit reduction. Sec. 302. Budgetary effects. SEC. 2. FINDINGS. Congress finds that-- (1) gas prices have risen significantly largely in response to unrest in north Africa and the Middle East, unrest that speculators are capitalizing on to increase oil futures prices and make huge profits; (2) high gas prices are hurting the quality of life of people of the United States, cutting into savings, and jeopardizing jobs and the economic recovery of the United States; (3) implementation of the regulatory reforms enacted by Congress in the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 1376) to prevent energy market manipulation and control excessive speculation has been delayed and has been threatened with funding reductions in the House of Representatives; (4) the United States is producing more oil than any time in the last 13 years and companies hold abundant inventories of oil, but the United States is still importing more than 11,000,000 barrels of oil per day and the Energy Information Administration projects that full production in all onshore and offshore areas would reduce gas prices by only 3 cents per gallon by 2030; (5) domestic refining capacity now exceeds United States demand for refined petroleum products, resulting in increased idle refinery capacity; (6) oil companies are sitting idly on approximately 60,000,000 acres of leased Federal lands and waters containing more than 11,000,000,000 barrels of oil and 59,000,000,000,000 cubic feet of natural gas; (7) the United States possesses less than 2 percent of the proven oil reserves of the world, yet consumes an unsustainable 25 percent of the oil production of the world; (8) the economy of the United States suffers huge net losses in jobs and productivity from the growing annual trade deficit in energy, due mainly to the outflow of $250,000,000,000 or more to pay for foreign oil; (9) world oil prices have risen steadily since the slow beginning of the global economic recovery and, absent major efficiency or conservation improvements or deployment of alternative fuels, those oil prices are projected to remain well above $100 per barrel or higher as world demand grows as China, India and other countries industrialize; (10) the oil production policies of cartel of the Organization of the Petroleum Exporting Countries (OPEC) are a large determinant of the world price of oil, so the economy of the United States will be affected by decisions of OPEC as long as the United States depends on oil for a significant portion of the energy consumption of the United States; (11) the major oil companies have accumulated more than $1,000,000,000,000 in net profits over the last 10 years and collected more than $40,000,000,000 in tax breaks during the same period, but have invested negligible amounts of those funds into research and development of the production of clean and renewable fuels made in the United States, leaving consumers with few if any choices at the pump; and (12) in the Energy Independence and Security Act of 2007 (42 U.S.C. 17001 et seq.), Congress increased fuel economy standards for the first time in 30 years and established ambitious requirements for domestic biofuels, actions that have reduced oil consumption and reduced upward pressure on gas prices. SEC. 3. SENSE OF SENATE ON HIGH GAS PRICES. It is the sense of the Senate that-- (1) the President and Administration should be commended for recognizing the severity of high gas prices and for taking appropriate actions to help reduce gas prices, including actions-- (A) to move forward with expeditious and responsible domestic production in the Gulf of Mexico and elsewhere; (B) to form a Task Force led by the Department of Justice to investigate and eliminate oil and gas price gouging and market manipulation; (C) to establish a national oil savings goal to cut imports by 33 percent by 2025; (D) to call for 1,000,000 electric vehicles to be on the road by 2015; (E) to harmonize corporate average fuel standards under section 32902 of title 49, United States Code, (CAFE) and carbon pollution standards to achieve 1,800,000,000 barrels in oil savings from new vehicles built before 2017, and working with stakeholders to increase those savings from future year vehicles; (F) to establish the National Clean Fleets Partnership and Green Fleet Initiative to reduce diesel and gasoline use in fleets by incorporating electric vehicles, alternative fuels like natural gas, and efficiency measures; and (G) to clarify and expand the use of E-15 fuel for new motor vehicles; (2) Congress should take additional actions to complement the efforts of the President, including enacting provisions-- (A) to encourage diligent and responsible development of domestic oil and gas resources onshore and off-shore; (B) to eliminate subsidies for major oil and gas companies and use the savings to promote research, development, and deployment of affordable alternative fuels and vehicles; (C) to give consumers more choices at the pump and incentives for buying vehicles that displace petroleum consumption; and (D) to direct and fund the Commodity Futures Trading Commission and the Federal Trade Commission to rapidly implement the energy consumer protection requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 1376); (3) the Organization of the Petroleum Exporting Countries (OPEC) should contribute to the stabilization of world oil markets and prices and reduce the burden of high gasoline prices borne by the consumers in the United States by using existing idle oil production capacity to compensate for any supply shortages experienced in member countries; and (4) the economic, environmental, and national security of the United States depend on a sustained effort to drastically reduce and eventually eliminate the dependency of the United States on oil. TITLE I--CLOSE BIG OIL TAX LOOPHOLES SEC. 101. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO MAJOR INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY TAXPAYERS. (a) In General.--Section 901 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: ``(n) Special Rules Relating to Major Integrated Oil Companies Which Are Dual Capacity Taxpayers.-- ``(1) General rule.--Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a major integrated oil company (as defined in section 167(h)(5)(B)) to a foreign country or possession of the United States for any period shall not be considered a tax-- ``(A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or ``(B) to the extent such amount exceeds the amount (determined in accordance with regulations) which-- ``(i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or ``(ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). ``(2) Dual capacity taxpayer.--For purposes of this subsection, the term `dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who-- ``(A) is subject to a levy of such country or possession, and ``(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. ``(3) Generally applicable income tax.--For purposes of this subsection-- ``(A) In general.--The term `generally applicable income tax' means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. ``(B) Exceptions.--Such term shall not include a tax unless it has substantial application, by its terms and in practice, to-- ``(i) persons who are not dual capacity taxpayers, and ``(ii) persons who are citizens or residents of the foreign country or possession.''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (2) Contrary treaty obligations upheld.--The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States. SEC. 102. LIMITATION ON SECTION 199 DEDUCTION ATTRIBUTABLE TO OIL, NATURAL GAS, OR PRIMARY PRODUCTS THEREOF. (a) Denial of Deduction.--Paragraph (4) of section 199(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(E) Special rule for certain oil and gas income.--In the case of any taxpayer who is a major integrated oil company (as defined in section 167(h)(5)(B)) for the taxable year, the term `domestic production gross receipts' shall not include gross receipts from the production, transportation, or distribution of oil, natural gas, or any primary product (within the meaning of subsection (d)(9)) thereof.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 103. LIMITATION ON DEDUCTION FOR INTANGIBLE DRILLING AND DEVELOPMENT COSTS. (a) In General.--Section 263(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``This subsection shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)).''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2011. SEC. 104. LIMITATION ON PERCENTAGE DEPLETION ALLOWANCE FOR OIL AND GAS WELLS. (a) In General.--Section 613A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Application With Respect to Major Integrated Oil Companies.-- In the case of any taxable year in which the taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)), the allowance for percentage depletion shall be zero.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 105. LIMITATION ON DEDUCTION FOR TERTIARY INJECTANTS. (a) In General.--Section 193 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Application With Respect to Major Integrated Oil Companies.-- This section shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)).''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2011. TITLE II--OUTER CONTINENTAL SHELF OIL AND NATURAL GAS SEC. 201. REPEAL OF OUTER CONTINENTAL SHELF DEEP WATER AND DEEP GAS ROYALTY RELIEF. (a) In General.--Sections 344 and 345 of the Energy Policy Act of 2005 (42 U.S.C. 15904, 15905) are repealed. (b) Administration.--The Secretary of the Interior shall not be required to provide for royalty relief in the lease sale terms beginning with the first lease sale held on or after the date of enactment of this Act for which a final notice of sale has not been published. TITLE III--MISCELLANEOUS SEC. 301. DEFICIT REDUCTION. The net amount of any savings realized as a result of the enactment of this Act and the amendments made by this Act (after any expenditures authorized by this Act and the amendments made by this Act) shall be deposited in the Treasury and used for Federal budget deficit reduction or, if there is no Federal budget deficit, for reducing the Federal debt in such manner as the Secretary of the Treasury considers appropriate. SEC. 302. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Close Big Oil Tax Loopholes Act - Expresses the sense of the Senate that: (1) the President and Administration should be commended for recognizing the severity of high gas prices and for taking appropriate actions to help reduce gas prices; (2) Congress should take additional actions to complement the efforts of the President; (3) the Organization of Petroleum Exporting Countries (OPEC) should contribute to the stabilization of world oil markets and prices and reduce the burden of high gasoline prices by using existing idle oil production capacity to compensate for any supply shortages; and (4) U.S. economic, environmental, and national security depend on a sustained effort to reduce and eventually eliminate the dependence of the United States on oil. Amends the Internal Revenue Code to deny to oil companies with gross receipts in excess of $1 billion in a taxable year and an average daily worldwide production of crude oil of at least 500,000 barrels a year: (1) a foreign tax credit if such company is a dual capacity taxpayer, as defined by this Act; (2) the tax deduction for income attributable to domestic production of oil, natural gas, or primary products thereof; (3) the tax deduction for intangible drilling and development costs; (4) the percentage depletion allowance for oil and gas wells; and (5) the tax deduction for qualified tertiary injectant expenses. Amends the Energy Policy Act of 2005 to repeal the authority of the Secretary of the Interior to grant royalty relief (suspension of royalties) for natural gas production from deep wells and deep water oil and gas production in the Outer Continental Shelf. Dedicates any increased revenue generated by this Act to the reduction of a federal budget deficit or the public debt. Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010.

A bill to reduce the Federal budget deficit by closing big oil tax loopholes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Immunization Improvement Act of 1993''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) 90 percent of all children under the age of 2 receive at least one vaccination yet only 40 to 60 percent of these children receive a complete set of vaccinations; (2) the low immunization rate for children stems from inadequate immunization delivery systems and a lack of public education concerning the risks related to the nonimmunization of children; and (3) government health care programs must coordinate their activities in order to increase immunization rates. (b) Purpose.--It is the purpose of this Act to-- (1) assist the States in developing State systems to monitor the immunization status of children in order to ensure that these children are provided with the recommended number of vaccinations; (2) in cooperation with the States, improve the immunization delivery system and expand outreach and awareness efforts to ensure that every child under 2 years of age is properly immunized; (3) provide for increased coordination among Federal programs in order to improve immunization rates; (4) encourage increased coordination among Federal, State and private programs to improve immunization rates; and (5) make certain revisions with respect to the Vaccine Injury Compensation Program. SEC. 3. AMENDMENT TO PUBLIC HEALTH SERVICE ACT. (a) Improved Immunization.--Subtitle 2 of title XXI of the Public Health Service Act (42 U.S.C. 300aa-1 et seq.) is amended-- (1) by redesignating part D as part E; (2) by redesignating sections 2131 through 2134 as sections 2151 through 2154, respectively; and (3) by inserting after part C, the following new part: ``Part D--Improved Immunization Efforts ``SEC. 2131. VOLUNTARY STATE REGISTRY GRANT PROGRAM. ``(a) In General.--Not later than 1 year after the date of enactment of this part, the Secretary shall establish a program under which the Secretary may award grants to States to enable such States to develop and operate computerized State registries to collect, track and monitor immunization data with respect to children residing within such States as described in subsection (c). ``(b) Application.--To be eligible to receive a grant under subsection (a), a State shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. Such application shall include a plan to ensure that necessary immunization information is provided to the State registry. ``(c) Data.-- ``(1) Data set and standards.--The Secretary shall develop a minimum uniform data set and data standards applicable to State registries developed under this section, in order to allow compatibility between States. ``(2) Design.--A State immunization tracking and surveillance registry established under subsection (a) shall be designed to collect immunization information on each child residing within the State from the time that each such child is born, and track the immunization records of each such child as they grow older. The registry shall contain at least the following information with respect to each child residing within the State: ``(A) The name, address and date of birth of the child. ``(B) The complete immunization history of the child. ``(C) The type and lot numbers of each vaccine provided to the child. ``(D) The name and address of each health care provider providing a vaccination to the child. ``(E) Identifying data that is sufficient to enable the registry to locate the child for purposes of conducting immunization notification activities concerning the child. ``(F) Information designed to monitor the safety and effectiveness of vaccines by linking vaccine dosage information with adverse events reporting and disease outbreak patterns, including events reported by petitioners under parts A or B. ``(d) Technical Assistance.--The Secretary shall provide technical assistance to States for the development of State registries under this section. ``(e) Reporting.--Each State that receives a grant under this section shall annually prepare and submit to the Secretary a report concerning the progress made by the State in operating a State registry under the grant. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $150,000,000 for fiscal year 1995, and such sums as may be necessary for each of the fiscal years 1995 through 1999. ``SEC. 2132. IMPROVED IMMUNIZATION DELIVERY, OUTREACH AND EDUCATION. ``(a) Required Activities.--The Secretary, acting through the Centers for Disease Control and Prevention and in conjunction with State health officials and other appropriate public and private organizations, shall conduct the following activities to improve Federal, State and local vaccines delivery systems and immunization outreach and education efforts: ``(1) Immunization educational materials for providers.-- Not later than 1 year after the date of enactment of this part, the Secretary, in conjunction with State health officials and other appropriate public and private organizations, shall develop and disseminate standard immunization educational materials for providers, including-- ``(A) a list of basic recommended vaccines and the schedules for immunizing children with such vaccines; ``(B) recommended criteria for the administration of vaccines; ``(C) recommended criteria for determining when vaccines should not be administered; ``(D) recommended criteria for the screening of children prior to immunization; ``(E) informed consent materials consistent with those required under section 2126(c); and ``(F) any other information determined appropriate by the Secretary. ``(2) National public awareness campaign.-- ``(A) In general.--The Secretary, in conjunction with State health officials and other appropriate public and private organizations, shall develop and implement a National Immunization Public Awareness Campaign to assist parents (through bilingual means if necessary) of children under the age of 2 years, and expectant parents, in obtaining knowledge concerning the importance of having their children immunized and in identifying the vaccines, schedules for immunization, and vaccine provider locations, appropriate with respect to their children. ``(B) Implementation.--In implementing the Campaign under subparagraph (A), the Secretary shall ensure that-- ``(i) new and innovative methods are developed and utilized to publicly advertise the need to have children immunized in a timely manner; ``(ii) print, radio and television media are utilized to convey immunization information to the public; and ``(iii) with respect to immunization information, efforts are made to target pregnant women and the parents of children under the age of 2. ``(3) Interagency committee on immunization.--The Secretary, in conjunction with the Secretary of Agriculture, the Secretary of Housing and Urban Development, and the Secretary of Education, shall carry out activities through the Interagency Committee on Immunization to incorporate immunization status assessments and referral services as an integral part of the process by which individuals apply for assistance under-- ``(A) the food stamp program under the Food Stamp Act of 1977; ``(B) section 17 of the Child Nutrition Act of 1966; ``(C) the Head Start Act; ``(D) part A of title IV of the Social Security Act; ``(E) title XIX of the Social Security Act; ``(F) any of the housing assistance laws of the United States; and ``(G) other programs determined appropriate by any of the Secretaries described in this paragraph. ``(4) Outreach activities.--The Secretary shall conduct immunization outreach activities, including-- ``(A) conducting research concerning alternative delivery systems (such as mobile immunization clinics); ``(B) utilization of National Health Service Corps members and other measures to conduct immunization outreach activities in medically underserved areas and for medically underserved populations; ``(C) conducting research concerning the implementation of innovative methods to-- ``(i) contact parents or legal guardians concerning their children's immunization status; ``(ii) refer such parents or legal guardians to immunization providers; and ``(iii) conduct follow-up activities concerning the immunization status of children affected by the activities conducted under this subparagraph; ``(D) the coordination of vaccine outreach and education activities with other Federal, State and local programs to encourage parents to have their children immunized; and ``(E) any other activities determined appropriate by the Secretary. ``(b) Immunization Action Plans.-- ``(1) Grants.-- ``(A) In general.--The Secretary may award grants to States to enable such State to develop, revise and implement immunization action plans as described in paragraph (2). ``(B) Application.--To be eligible to receive a grant under subparagraph (A), a State shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(2) Design.--A State immunization action plan shall be designed to improve immunization delivery, outreach, education and coordination within the State. Such plan shall provide for the creation of-- ``(A) a vaccine provider education campaign under which standard immunization criteria developed under subsection (a)(1), and any other materials determined to be appropriate by State health officials, will be distributed to immunization providers-- ``(i) to enable such providers to make the best use of vaccination opportunities; and ``(ii) to educate such providers concerning their obligation to report immunization information with respect to their patients to State registries; ``(B) expanded immunization delivery through-- ``(i) increasing the number or type of facilities through which vaccines may be made available; ``(ii) developing alternative methods of delivering vaccines, such as mobile health clinics or through programs of the type described in subsection (a)(5); or ``(iii) increasing the number of hours during which vaccines are made available by providers within the State; except that, the Secretary may waive the requirements of this subparagraph if the Secretary determines that State immunization delivery efforts are sufficient; ``(C) population-based assessment criteria through which the State is able to assess the effectiveness of immunization activities in the State; ``(D) a public awareness campaign, in conjunction with the National Campaign established under subsection (a)(2), to provide parents with information concerning the types and schedules for the administration of vaccines, and the locations of vaccines providers; ``(E) coordination of outreach activities with other public or private health programs to encourage parents to have their children immunized; and ``(F) significant collaboration with private entities in achieving the goals of the plan. ``(3) Immunization action plan approval.-- ``(A) Goals.--As part of the immunization action plan of a State, the State shall establish immunization rate goals for children residing within the State. ``(B) Approval.--The immunization action plan developed by a State under this subsection shall be submitted to the Secretary for approval prior to the distribution of grant funds to the States under this subsection. The Secretary shall periodically review the progress that the State has made under such plan in achieving the goals established under subparagraph (A). ``(C) Reporting.--A State shall annually prepare and submit to the Director of the Centers for Disease Control and Prevention a report concerning the implementation of the State immunization action plan. If the Director or the Secretary, in reviewing the reports submitted under this subparagraph determine that the State has not made sufficient progress towards achieving the goals established under subparagraph (A), the Secretary may reduce the State's grant funds. ``SEC. 2133. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out 2132(b), $200,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1999.''. (b) Simplification of Informed Consent Materials.--Section 2126(c) of the Public Health Service Act (42 U.S.C. 300aa-26(c)) is amended-- (A) in the matter preceding paragraph (1), by inserting ``shall be based on available data and information,'' after ``such materials''; and (B) by striking out ``include--'' and all that follows through the paragraph (10) and inserting in lieu thereof ``include a concise description of the benefits and the risks of the vaccines and a statement of the availability of the National Vaccine Injury Compensation Fund.''.

National Immunization Improvement Act of 1993 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish a program to award grants to States for the development and operation of computerized State registries to collect, track, and monitor immunization data with respect to children. Authorizes appropriations. Requires the Secretary to conduct specified activities to improve Federal, State, and local vaccine delivery systems and immunization outreach and education efforts. Authorizes appropriations.

National Immunization Improvement Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``SCHIP Enhancement Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The State children's health insurance program (SCHIP) established under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) currently limits coverage of children under that program to children whose family income does not exceed 200 percent of the Federal poverty line or 50 percentage points above the State's medicaid applicable income level. (2) Three million uninsured children (over 1 of every 4 such children) have family incomes that exceed 200 percent of the Federal poverty line, and 1,400,000 of those uninsured children would be provided health insurance coverage if the income eligibility level for SCHIP were increased to 300 percent of the Federal poverty line. SEC. 3. STATE OPTION TO EXPAND INCOME ELIGIBILITY UNDER SCHIP. (a) Definition of Low-Income Child.--Section 2110(c)(4) of the Social Security Act (42 U.S.C. 42 U.S.C. 1397jj(c)(4)) is amended-- (1) by striking ``The term'' and inserting the following: ``(A) In general.--The term''; and (2) by adding at the end the following new subparagraph: ``(B) State option to expand eligibility.-- ``(i) In general.--A State may elect through a plan amendment to apply subparagraph (A) as if `300 percent' were substituted for `200 percent'. ``(ii) No effect on determination of section 2104 allotments.--An election under clause (i) shall have no effect on the determination of a State's allotment under subsection (b) or (c) of section 2104.''. (b) Effective Date.--The amendments made by subsection (a) apply to child health assistance provided on or after October 1, 2001. SEC. 4. ADDITIONAL ALLOTMENTS FOR STATES THAT EXPAND INCOME ELIGIBILITY UNDER SCHIP. (a) In General.--Title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) is amended by adding at the end the following new section: ``SEC. 2111. ADDITIONAL ALLOTMENTS FOR STATES THAT OPT TO EXPAND INCOME ELIGIBILITY. ``(a) Eligibility for Additional Allotments.--A State that, not later than December 31 of any fiscal year, meets the following requirements shall be eligible for the additional allotments determined for the State under subsection (b) for that fiscal year: ``(1) Increase in income eligibility.--The State submits to the Secretary a certification by the chief executive officer of the State that, during the fiscal year, the State child health plan (whether implemented under title XIX or under this title) will have an income standard for children that is at least-- ``(A) with respect to the additional allotment determined under subsection (b)(1), 250 percent of the poverty line; and ``(B) with respect to the additional allotment determined under subsection (b)(2), 300 percent of the poverty line. ``(2) Submission of information required for certain uses of the additional allotment.--In the case of a State that intends to use the additional allotment provided under subsection (b)(2) for the purpose described in subsection (c)(3), the State submits to the Secretary a description of the reasonable planning and implementation costs the State expects to incur in providing premium assistance for family coverage under an employer-sponsored group health plan in accordance with subsection (d). ``(b) Determination of Additional Allotments.-- ``(1) States that increase income standard to 250 percent.--With respect to $617,000,000 of the amount available for the additional allotments under subsection (e) for a fiscal year, the Secretary shall allot an amount to each State with a State child health plan approved under this title that satisfies the requirements of paragraph (1)(A) and, if applicable, paragraph (2) of subsection (a)-- ``(A) in the case of such a State other than a commonwealth or territory described in subparagraph (B), an amount determined to bear the same ratio to $617,000,000 as the State's allotment under section 2104(b) (determined without regard to section 2104(f)) bears to 98.95 percent of the total amount of the allotments determined under section 2104(b) for such States for such fiscal year; and ``(B) in the case of a commonwealth or territory described in section 2104(c)(3), determined to bear the same ratio to $617,000,000 as the commonwealth's or territory's allotment under section 2104(c) (determined without regard to section 2104(f)) bears to 1.05 percent of the total amount of the allotments determined under section 2104(c) for commonwealths and territories for such fiscal year. ``(2) States that increase income standard to 300 percent.-- ``(A) In general.--With respect to $383,000,000 of the amount available for the additional allotments under subsection (e) for a fiscal year, the Secretary shall allot an amount to each State with a State child health plan approved under this title that satisfies the requirements of paragraph (1)(B) and, if applicable, paragraph (2) of subsection (a) determined in the same manner as the additional allotments under paragraph (1). ``(B) Allotments in addition to 250 percent allotments.--The allotments provided under this paragraph to a State shall be in addition to the allotments provided to the State under paragraph (1). ``(3) Availability.-- ``(A) 3-year availability.--Except as provided in subparagraph (B), amounts allotted to a State under paragraph (1) and, if applicable, paragraph (2) for a fiscal year shall remain available for expenditure by the State through the end of the second succeeding fiscal year. ``(B) Return of unused allotments.--The allotments set-aside under paragraphs (1) and (2) for a fiscal year for any State that has not met the requirements of subsection (a) on January 1 of that fiscal year shall be returned to the Treasury. ``(c) Use of Additional Allotments.--The additional allotments provided under subsection (b) to a State for a fiscal year may be-- ``(1) combined with the State's allotment for the fiscal year determined under section 2104 and used to provide child health assistance to all targeted low-income children under the State child health plan; or ``(2) used for-- ``(A) a premium assistance program under which the State pays part of the premiums for coverage of a child who is eligible for child health assistance under group health insurance or a group health plan in accordance with subsection (d); and ``(B) reasonable planning and implementation costs specified by the State under subsection (a)(2) without regard to the limitation on such costs under section 2105(c)(2)(A). ``(d) Premium Assistance for Family Coverage Under an Employer- Sponsored Group Health Plan.--The additional allotments provided under subsection (b) to a State for a fiscal year may be used for a premium assistance program that meets the following requirements: ``(1) The premium assistance program is cost-effective. ``(2) The State provides assurances that a child provided such assistance will receive the minimum benefits and cost- sharing protections established under this title either through the employer-sponsored group health plan or as a supplement to such coverage. ``(3) Employees eligible for employer-sponsored health coverage apply for the full premium contribution available from the employer. ``(4) The State evaluates the amount of substitution that occurs as a result of the premium assistance program and the effect of the program on access to health coverage. ``(e) Appropriation.--For the purpose of providing additional allotments under this section to States that meet the requirements of subsection (a), there is appropriated, out of any money in the Treasury not otherwise appropriated, for each of fiscal years 2002 through 2011, $1,000,000,000.''. SEC. 5. EVALUATION AND REPORT ON PREMIUM ASSISTANCE FOR FAMILY COVERAGE. (a) In General.--The Secretary of Health and Human Services shall conduct an evaluation of any premium assistance programs conducted with the allotments provided to States under section 2111(b) of the Social Security Act (as added by section 4). Such evaluation shall identify any implementation problems with the provision of such assistance and whether the assistance has supplanted health insurance coverage that otherwise would be provided to such children. (b) Report.--Not later than January 1, 2006, the Secretary of Health and Human Services shall submit to Congress a report on the evaluation conducted under subsection (a), together with any recommendations for legislation that the Secretary determines to be appropriate as a result of such evaluation.

SCHIP Enhancement Act of 2001 - Amends title XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act (SSA) to give States the option to expand income eligibility under SCHIP to children whose family income totals up to 300 percent (currently only 200 percent) of the Federal poverty line. Provides for additional allotments for States that expand income eligibility under SCHIP, allowing such allotments to be used for premium assistance for family coverage under an employee-sponsored group health plan.

A bill to amend title XXI of the Social Security Act to expand the provision of child health assistance to children with family income up to 300 percent of poverty.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Insurance Affordability and Equity Act of 2001''. SEC. 2. CREDIT FOR HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED INDIVIDUALS. (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 25A the following new section: ``SEC. 25B. HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED INDIVIDUALS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the amount paid during the taxable year for coverage for the taxpayer, his spouse, and dependents under qualified health insurance. ``(b) Limitations.-- ``(1) In general.--The amount allowed as a credit under subsection (a) to the taxpayer for the taxable year shall not exceed the sum of the monthly limitations for eligible coverage months during such taxable year for each individual referred to in subsection (a). ``(2) Monthly limitation.-- ``(A) In general.--The monthly limitation for an individual for each eligible coverage month of such individual during the taxable year is the amount equal to \1/12\ of $1,500. ``(B) Limitation to 2 individuals.--Not more than 2 individuals may be taken into account by the taxpayer under this subsection. ``(C) Special rule for married individuals.--In the case of an individual-- ``(i) who is married (within the meaning of section 7703) as of the close of the taxable year but does not file a joint return for such year, and ``(ii) who does not live apart from such individual's spouse at all times during the taxable year, only such individual may be taken into account under this subsection. ``(3) Eligible coverage month.--For purposes of this subsection, the term `eligible coverage month' means, with respect to an individual, any month if-- ``(A) as of the first day of such month such individual is covered by qualified health insurance the premium for which was paid by the taxpayer, and ``(B) there was at least a 12-month period beginning after December 31, 2001, and ending before such month throughout which the individual-- ``(i) was not covered by qualified health insurance, and ``(ii) was not eligible to participate in any employer-provided group health plan. ``(c) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The aggregate amount which would (but for this subsection) be allowed as a credit under this section shall be reduced (but not below zero) by the amount determined under paragraph (2). ``(2) Amount of reduction.-- ``(A) In general.--The amount determined under this paragraph shall be the amount which bears the same ratio to such aggregate amount as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) the applicable dollar amount, bears to ``(ii) $10,000. ``(B) Modified adjusted gross income.--For purposes of this paragraph, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(C) Rounding.--Any amount determined under subparagraph (A) which is not a multiple of $10 shall be rounded to the next lowest $10. ``(3) Applicable dollar amount.--For purposes of paragraph (2), the term `applicable dollar amount' means-- ``(A) $60,000 in the case of a taxpayer whose qualified health insurance coverage covers more than 1 individual referred to in subsection (a), and ``(B) $30,000-- ``(i) in any case not described in subparagraph (A), and ``(ii) in the case of a married individual filing a separate return. For purposes of this paragraph, marital status shall be determined under section 7703. ``(d) Qualified Health Insurance.--For purposes of this section-- ``(1) In general.--The term `qualified health insurance' means insurance which constitutes medical care; except that such term shall not include any insurance if substantially all of its coverage is of excepted benefits described in section 9832(c). ``(2) Credit not allowable for certain subsidized coverage.--Except for purposes of subsection (b)(3)(B), the term `qualified health insurance' shall not include any coverage less than 50 percent of the cost of which is borne by the taxpayer. ``(e) Denial of Credit for Amounts Paid Under Certain Government- Provided Programs.-- ``(1) In general.--No credit shall be allowed under this section for amounts paid under-- ``(A) title XVIII, XIX, or XXI of the Social Security Act, ``(B) chapter 55 of title 10, United States Code, ``(C) chapter 17 of title 38, United States Code, or ``(D) the Indian Health Care Improvement Act. ``(2) Coverage under program included in determining eligibility.--Coverage under any of the provisions referred to in paragraph (1) shall be treated as coverage under qualified health insurance for purposes of subsection (b)(3)(B). ``(g) Special Rules.-- ``(1) Coordination with other deductions.--No credit shall be allowed under this section for the taxable year if any amount paid for qualified health insurance is taken into account in determining any deduction allowed for such year under sections 162(l), 213, or 222. ``(2) Denial of credit to dependents.--No credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(3) Inflation adjustment.-- ``(A) In general.--In the case of a taxable year beginning after 2002, the dollar amount in subsection (b)(2)(A) and each dollar amount in subsection (c)(3) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100.'' (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Health insurance costs of previously uninsured individuals.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 3. DEDUCTION FOR QUALIFIED HEALTH INSURANCE COSTS OF EMPLOYEES AND SELF-EMPLOYED INDIVIDUALS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. COSTS OF QUALIFIED HEALTH INSURANCE. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction an amount equal to the amount paid during the taxable year for coverage for the taxpayer, his spouse, and dependents under qualified health insurance (as defined in section 25B(d)). ``(b) Special Rules.-- ``(1) Coordination with medical deduction, etc.--Any amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 162(l) or 213(a). ``(2) Deduction not allowed for self-employment tax purposes.--The deduction allowable by reason of this section 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.'' (b) Conforming Amendments.-- (1) Subsection (a) of section 62 of such Code is amended by inserting after paragraph (17) the following new item: ``(18) Costs of qualified health insurance.--The deduction allowed by section 222.'' (3) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 222. Costs of qualified health insurance. ``Sec. 223. Cross reference.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Health Insurance Affordability and Equity Act of 2001 - Amends the Internal Revenue Code to allow a limited credit for qualified health insurance costs paid for by an individual during a period when the individual was not covered by qualified health insurance and was not eligible to participate in any employer provided group health plan.Provides for the deduction of the qualified health insurance costs of employees and the self-employed.

To amend the Internal Revenue Code of 1986 to provide incentives for private health coverage for the previously uninsured, and for other purposes.

SECTION 1. COMMISSION ON UROTRAUMA. (a) Establishment.--In order to continue and expand the study of urotrauma conducted by the Secretary of Defense in 2011, subject to the availability of appropriations for such purpose, the Secretary shall establish a commission to be known as the ``Commission on Urotrauma'' (in this section referred to as the ``Commission''). (b) Consultation.--In carrying out this section, the Secretary of Defense shall consult with the Secretary of Veterans Affairs and the Secretary of Health and Human Services. (c) Duties.--The Commission shall conduct a study on urotrauma among members of the Armed Forces and veterans, including-- (1) an analysis of the incidence, duration, morbidity rate, and mortality rate of urotrauma; (2) an analysis of the social and economic costs and effects of urotrauma; (3) with respect to the Department of Defense and Department of Veterans Affairs, an evaluation of the facilities, access to private facilities, resources, personnel, and research activities that are related to the diagnosis, prevention, and treatment of urotrauma; (4) an evaluation of programs (including such biological, behavioral, environmental, and social programs) that improve the prevention or treatment of urotrauma; (5) a long-term plan for the use and organization of the resources of the Federal Government to improve the prevention and treatment of urotrauma; and (6) updates to any study on urotrauma conducted by the Secretary of Defense in 2011. (d) Membership.-- (1) Appointed members.--In addition to the ex officio members described in paragraph (2), the Committee shall be composed of 19 members as follows: (A) Sixteen members appointed by the Secretary of Defense. (B) One member appointed by the Secretary of Health and Human Services from among officers or employees of the National Institute of Diabetes and Digestive and Kidney Diseases whose primary interest is in the field of urotrauma. (C) The Chief of the Department of Surgery of Walter Reed National Military Medical Center. (D) The Chief Medical Director of the Department of Veterans Affairs. (2) Ex officio members.--The nonvoting, ex officio members of the Commission are as follows: (A) The Surgeon General of the Navy. (B) The Surgeon General of the Army. (C) The Surgeon General of the Air Force. (D) The Medical Officer of the Marine Corps. (E) The Director of the National Institutes of Health. (F) The Director of the National Institute of Diabetes and Digestive and Kidney Diseases. (G) The Director of the Division of Kidney, Urologic, and Hematologic Diseases of the National Institute of Diabetes and Digestive Kidney Diseases. (H) The Director of the National Institute of Biomedical Imaging and Bioengineering. (3) Qualifications.--In appointing members under paragraph (1)(A), the Secretary of Defense shall appoint individuals with experience related to-- (A) studying or researching urotrauma; (B) preventing or treating urotrauma; or (C) suffering from urotrauma. (4) Term.--Each member shall be appointed for the life of the Commission. (5) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (6) Pay.-- (A) Except as provided in subparagraph (C), members of the Commission shall serve without pay. (B) Except as provided in subparagraph (C), members of the Commission who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (C) Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (7) Quorum.--A majority of members of the Commission shall constitute a quorum but a lesser number may hold hearings. (8) Chairperson.--The Secretary of Defense shall designate a member as the chairperson of the Committee. (9) Meetings.--The Commission shall meet at the call of the chairperson. (e) Staff.-- (1) Director.--The Commission shall have a director who shall be appointed by the chairperson. (2) Staff.--Subject to rules prescribed by the Commission, the chairperson may appoint additional personnel as the chairperson considers appropriate. (3) Applicability of certain civil service laws.--The director and staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (4) Experts and consultants.--Subject to rules prescribed by the Commission, the chairperson may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (5) Staff to federal agencies.--Upon request of the chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this section. (f) Powers of Commission.-- (1) Hearings and sessions.--The Commission may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (2) Powers of members and agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (3) Obtaining official data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (4) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (5) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this section. (g) Reports.-- (1) Interim report.--Not later than one year after the date on which the members are appointed under subsection (d)(1), the Commission shall submit to the appropriate congressional committees an interim report on the study conducted under subsection (c). (2) Final report.--Not later than two years after the date on which the members are appointed under subsection (d)(1), the Commission shall submit to the appropriate congressional committees a final report on the study conducted under subsection (c), including any recommendations the Commission considers appropriate to improve the prevention and treatment of urotrauma among members of the Armed Forces and veterans. (h) Termination.--The Commission shall terminate on the date that is 60 days after the date on which the Commission submits the final report under subsection (g)(2). (i) Definitions.--In this section: (1) The term ``appropriate congressional committees'' means-- (A) the Committees on Armed Services of the House of Representatives and Senate; and (B) the Committees on Veterans' Affairs of the House of Representatives and Senate. (2) The term ``urotrauma'' means injury to the urinary tract (including the kidneys, ureters, urinary bladder, urethra, and female and male genitalia) from a penetrating, blunt, blast, thermal, chemical, or biological cause. (j) Authorization of Appropriations.-- (1) Authorization.--There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2012 through 2015. (2) Offset.--The amount otherwise authorized to be appropriated for operation and maintenance, Defense-wide, for the Office of the Secretary of Defense for each of fiscal years 2012 through 2015 is reduced by $1,000,000.

Directs the Secretary of Defense (DOD), in order to continue and expand the DOD study conducted in 2011, to establish the Commission on Urotrauma to: (1) conduct a study on urotrauma (injury to the urinary tract from a penetrating, blunt, blast, thermal, chemical, or biological cause) among members of the Armed Forces and veterans; and (2) provide an interim and final report to the congressional defense and veterans committees on such study.

To direct the Secretary of Defense to establish a commission on urotrauma.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recapture Excess Profits and Invest in Roads (REPAIR) Act of 2008''. SEC. 2. TEMPORARY WINDFALL PROFITS TAX. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end thereof the following new chapter: ``CHAPTER 56--TEMPORARY WINDFALL PROFITS ON CRUDE OIL ``Sec. 5896. Imposition of tax. ``Sec. 5897. Windfall profit; etc. ``Sec. 5898. Special rules and definitions. ``SEC. 5896. IMPOSITION OF TAX. ``(a) In General.--In addition to any other tax imposed under this title, there is hereby imposed on any applicable taxpayer an excise tax in an amount equal to 25 percent of the windfall profit of such taxpayer for any taxable year beginning during 2008 or 2009. ``(b) Applicable Taxpayer.--For purposes of this chapter, the term `applicable taxpayer' means, with respect to operations in the United States-- ``(1) any integrated oil company (as defined in section 291(b)(4)), and ``(2) any other producer or refiner of crude oil with gross receipts from the sale of such crude oil or refined oil products for the taxable year exceeding $1,000,000,000. ``SEC. 5897. WINDFALL PROFIT; ETC. ``(a) General Rule.--For purposes of this chapter, the term `windfall profit' means the excess of the adjusted taxable income of the applicable taxpayer for the taxable year over the reasonably inflated average profit for such taxable year. ``(b) Adjusted Taxable Income.--For purposes of this chapter, with respect to any applicable taxpayer, the adjusted taxable income for any taxable year is equal to the taxable income for such taxable year (within the meaning of section 63 and determined without regard to this subsection)-- ``(1) increased by any interest expense deduction, charitable contribution deduction, and any net operating loss deduction carried forward from any prior taxable year, and ``(2) reduced by any interest income, dividend income, and net operating losses to the extent such losses exceed taxable income for the taxable year. In the case of any applicable taxpayer which is a foreign corporation, the adjusted taxable income shall be determined with respect to such income which is effectively connected with the conduct of a trade or business in the United States. ``(c) Reasonably Inflated Average Profit.--For purposes of this chapter, with respect to any applicable taxpayer, the reasonably inflated average profit for any taxable year is an amount equal to the average of the adjusted taxable income of such taxpayer for taxable years beginning during the 2003-2007 taxable year period (determined without regard to the taxable year with the highest adjusted taxable income in such period) plus 10 percent of such average. ``SEC. 5898. SPECIAL RULES AND DEFINITIONS. ``(a) Withholding and Deposit of Tax.--The Secretary shall provide such rules as are necessary for the withholding and deposit of the tax imposed under section 5896. ``(b) Records and Information.--Each taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information as the Secretary may by regulations prescribe. ``(c) Return of Windfall Profit Tax.--The Secretary shall provide for the filing and the time of such filing of the return of the tax imposed under section 5896. ``(d) Crude Oil.--The term `crude oil' includes crude oil condensates and natural gasoline. ``(e) Businesses Under Common Control.--For purposes of this chapter, all members of the same controlled group of corporations (within the meaning of section 267(f)) and all persons under common control (within the meaning of section 52(b) but determined by treating an interest of more than 50 percent as a controlling interest) shall be treated as 1 person. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter.''. (b) Clerical Amendment.--The table of chapters for subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Chapter 56. Temporary Windfall Profit on Crude Oil.''. (c) Deductibility of Windfall Profit Tax.--The first sentence of section 164(a) of the Internal Revenue Code of 1986 (relating to deduction for taxes) is amended by inserting after paragraph (5) the following new paragraph: ``(6) The windfall profit tax imposed by section 5896.''. (d) Transfer of Proceeds to Highway Trust Fund.--Section 9503(b)(1) of the Internal Revenue Code of 1986 (relating to certain taxes) is amended by striking ``and'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(F) section 5896 (relating to windfall profit tax on crude oil).''. (e) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning in 2008 and 2009. (2) Subsection (d).--The amendments made by subsection (d) shall take effect on the date of the enactment of this Act.

Recapture Excess Profits and Invest in Road (REPAIR) Act of 2008 - Amends the Internal Revenue Code to impose in 2008 or 2009 an excise tax of 25% on the windfall profits of integrated oil companies and other producers and refiners of crude oil (crude oil condensates and natural gasoline) with gross receipts over $1 billion. Allows a tax deduction for the payment of the windfall profit tax imposed by this Act. Requires the transfer of windfall profit tax revenues to the Highway Trust Fund.

A bill to amend the Internal Revenue Code of 1986 to impose a temporary windfall profit tax on crude oil and transfer the proceeds of the tax to the Highway Trust Fund, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Nurse Act of 2011''. SEC. 2. NATIONAL NURSE FOR PUBLIC HEALTH. Title XVII of the Public Health Service Act (42 U.S.C. 300u et seq.) is amended by adding at the end the following: ``SEC. 1711. NATIONAL NURSE FOR PUBLIC HEALTH. ``(a) Establishment.-- ``(1) In general.--There is established within the Office of the Surgeon General a full-time position, to be filled by registered nurse to be known as the National Nurse for Public Health. ``(2) Procedure.--Except for the initial appointment of the National Nurse for Public Health under paragraph (3), the Secretary shall appoint the National Nurse for Public Health in accordance with Commissioned Corps Instruction CC23.4.6 (relating to Chief Professional Officer Nominations), as in effect on February 13, 2008. ``(3) Initial appointment.--Not later than 30 days after the date of enactment of this section, the Secretary shall appoint the individual serving as the Chief Nurse Officer of the Public Health Service as of the date of the enactment of this section as the first National Nurse for Public Health. ``(b) Rank and Grade.--The National Nurse for Public Health shall have the same rank and grade as the Deputy Surgeon General of the Public Health Service. ``(c) Duties.--The National Nurse for Public Health shall carry out the following: ``(1) Provide leadership and coordination of Public Health Service nursing professional affairs for the Office of the Surgeon General and other agencies of the Public Health Service, including providing representation for the Government of the United States at the Global Forum for Government Chief Nursing and Midwifery Officers and serving as a member of the Federal Nursing Service Council. ``(2) Represent the Surgeon General and the agencies of Public Health Service in communications with groups and societies concerned with nursing issues at the local, State, national, and international levels. ``(3) Provide guidance and advice to the Surgeon General and the Nurse Professional Advisory Committee on matters such as standards, recruitment, retention, readiness, and career development of nurses employed by and contracted with agencies of the Public Health Service. ``(4) Conduct media campaigns and make personal appearances for purposes of paragraphs (5) through (7). ``(5) Provide guidance and leadership for activities to promote the public health, including encouraging nurses and other health professionals to be volunteers and developing projects that educate the public about and engage the public in prevention practices to achieve better health. ``(6) Provide guidance and leadership to encourage nurses to engage in furthering their education in order to conduct nursing research, increase the awareness of evidence-based practice, and educate future nurses. ``(7) Provide guidance and leadership for activities that will increase public safety and emergency preparedness. ``(d) National Health Priorities--Healthy People 2020.-- ``(1) In general.--The National Nurse for Public Health, in cooperation with the Surgeon General of the Public Health Service, heads of the agencies of the Public Health Service, States, and organizations that represent health professionals, shall participate in the identification of national health priorities. ``(2) Addressing national health priorities.--The National Nurse for Public Health, in addressing national health priorities, shall encourage volunteerism of nurses and other individuals, and strengthen the relationship between Government agencies and health-related national organizations. ``(3) Community-based projects.-- ``(A) Implementation.--In addressing national health priorities, the National Nurse for Public Health shall-- ``(i) provide guidance and coordination on recommended activities to organizations; ``(ii) acknowledge successful programs and encourage their replication; ``(iii) promote the dissemination of evidence-based practice in educating the public on health promotion and disease prevention activities; ``(iv) encourage practicing nurses and other health professionals, including retired health professionals and students enrolled in health professional programs, to participate in health promotion activities and replicate successful health promotion activities; and ``(v) monitor activities being conducted through the collection and evaluation of data to determine if national health priorities are being addressed. ``(B) Media campaigns.--The National Nurse for Public Health shall ensure that media campaigns conducted under subsection (c)(4) include media campaigns regarding the national health priorities. ``(C) Evaluations.--The National Nurse for Public Health shall, directly or through awards of grants or contracts, evaluate the activities encouraged by the National Nurse for Public Health and conducted by community-based, nonprofit organizations to determine the extent to which such activities have succeeded in carrying out national health priorities. ``(D) Dissemination of information.--The National Nurse for Public Health shall disseminate information to governmental agencies, schools, and community-based, nonprofit organizations interested in health promotion and improving public health through community action. ``(e) Authorization of Appropriations.--For carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2012 through 2016.''.

National Nurse Act of 2011 - Amends the Public Health Service Act to establish the position of National Nurse for Public Health within the Office of the Surgeon General. Includes among the duties of such position providing leadership and coordination of Public Health Service nursing professional affairs for the Office of the Surgeon General and other agencies of the Public Health Service, conducting media campaigns, and providing guidance and leadership for activities that will increase public safety and emergency preparedness. Requires the National Nurse for Public Health to: (1) participate in identification of national health priorities, (2) encourage volunteerism of nurses and strengthen the relationship between government agencies and health-related national organizations, and (3) promote the dissemination of evidence-based practice in educating the public on health promotion and disease prevention activities.

To amend the Public Health Service Act to establish the position of National Nurse for Public Health.

SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Fair Trade in Motor Vehicle Parts Act of 1993''. (b) Definitions.--For purposes of this Act-- (1) Motor vehicle and motor vehicle parts.-- (A) The term ``motor vehicle'' means any article of a kind described in heading 8703 or 8704 of the Harmonized Tariff Schedule of the United States. (B) The term ``motor vehicle parts'' means articles of a kind described in the following provisions of the Harmonized Tariff Schedule of the United States if suitable for use in the manufacture or repair of motor vehicles: (i) Subheadings 8407.31.00 through 8407.34.20 (relating to spark-ignition reciprocating or rotary internal combustion piston engines). (ii) Subheading 8408.20 (relating to the compression-ignition internal combustion engines). (iii) Subheading 8409 (relating to parts suitable for use solely or principally with engines described in clauses (i) and (ii)). (iv) Subheading 8483 (relating to transmission shafts and related parts). (v) Subheadings 8706.00.10 and 8706.00.15 (relating to chassis fitted with engines). (vi) Heading 8707 (relating to motor vehicle bodies). (vii) Heading 8708 (relating to bumpers, brakes and servo brakes, gear boxes, drive axles, nondriving axles, road wheels, suspension shock absorbers, radiators, mufflers and exhaust pipes, clutches, steering wheels, steering columns, steering boxes, and other parts and accessories of motor vehicles). The Secretary shall by regulation include as motor vehicle parts such other articles (described by classification under such Harmonized Tariff Schedule) that the Secretary considers appropriate to carry out this Act. (2) United states motor vehicle parts manufacturer.--The term ``United States motor vehicle parts manufacturer'' means a manufacturer of motor vehicle parts that-- (A) has one or more motor vehicle parts manufacturing facilities located within the United States, and (B)(i) is not owned or controlled by a natural person who is a citizen of a deficit foreign country; and (ii) is not owned or controlled by a corporation or other legal entity, wherever located, which is owned or controlled by-- (I) natural persons who are citizens of a deficit foreign country, or (II) another corporation or other legal entity that is owned or controlled by natural persons who are citizens of a deficit foreign country. (3) United states motor vehicle parts.--The term ``United States motor vehicle parts'' means motor vehicle parts produced by United States motor vehicle parts manufacturers in the United States. (4) Deficit foreign country.--The term ``deficit foreign country'' means any country with which the United States merchandise trade balance with respect to motor vehicle parts was in deficit in an amount of $5,000,000,000 or more for each of the 3 most recent calendar years for which data are available. (5) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (6) Trade representative.--The term ``Trade Representative'' means the United States Trade Representative. TITLE I--TRADE REMEDY ACTIONS SEC. 101. ``301'' ACTION WITH RESPECT TO BARRIERS TO MARKET ACCESS OF UNITED STATES-MADE MOTOR VEHICLE PARTS. (a) In General.--On the 45th day after the date of the enactment of this Act, any act, policy, or practice of a deficit foreign country that adversely affects the access to such country's market of motor vehicle parts produced by United States motor vehicle parts manufacturers (including, but not limited to, any act, policy, or practice utilized in such country's motor vehicle distribution system) shall, for purposes of title III of the Trade Act of 1974, be considered as an act, policy, or practice of a foreign country that is unjustifiable and burdens or restricts United States commerce. The Trade Representative shall immediately proceed to determine, in accordance with section 304(a)(1)(B) of such Act, what action to take under section 301(a) of such Act to obtain the elimination of such act, policy, or practice. (b) Negotiation Agenda.--If the Trade Representative decides to take action referred to in section 301(c)(1)(C) of the Trade Act of 1974 with respect to an act, policy, or practice referred to in subsection (a), the agenda for negotiations shall include-- (1) guarantees for sales in the deficit foreign country's market of motor vehicle parts produced in the United States by United States motor vehicle parts manufacturers in an aggregate amount equal to the percentage of such market that would be held by motor vehicle parts produced by United States motor vehicle parts manufacturers if the unfair act, policy, or practice did not exist; (2) the elimination or modification of the aspects of the deficit foreign country's motor vehicle distribution system (and any other act, policy, or practice) that act as a barrier to the access to the foreign country's market of motor vehicle parts produced in the United States by United States motor vehicle parts manufacturers; and (3) the establishment of procedures for the exchange of information between the appropriate agencies of the United States and the deficit foreign country's government that will permit an accurate assessment of bilateral trade in motor vehicle parts, particularly with respect to the purchase of motor vehicle parts produced in the United States by United States motor vehicle parts manufacturers for use by foreign sources in the foreign country's market. (c) Additional Estimates and Consequential Effect.-- (1) Estimate.--If the Trade Representative decides to take action under section 301(c)(1)(C) of the Trade Act of 1974, the Trade Representative shall promptly estimate, on the basis of the best information available-- (A) the percentage share of the deficit foreign country's market for motor vehicle parts that is currently accounted for by motor vehicle parts produced in the United States by United States motor vehicle parts manufacturers; (B) the percentage share of the deficit foreign country's market for motor vehicle parts which would be accounted for by United States motor vehicle parts if an act, policy, or practice referred to in subsection (a) did not exist; and (C) the dollar value of the difference between the percentage shares estimated under subparagraphs (A) and (B). (2) Subsequent action.--If the negotiations referred to in subsection (b) are unsuccessful, any action subsequently taken under section 301 of the Trade Act of 1974 in response to the deficit foreign country's acts, policies, or practices shall be substantially equivalent to the dollar value estimated under paragraph (1)(C). SEC. 102. ANTIDUMPING INVESTIGATION REGARDING MOTOR VEHICLE PARTS OF DEFICIT FOREIGN COUNTRIES. Not later than 60 days after the date of the enactment of this Act, the Secretary shall commence an investigation under section 732(a) of the Tariff Act of 1930 to determine if imports of motor vehicle parts into the United States that are products of any deficit foreign country, or sales (or the likelihood of sales) of such parts for importation into the United States, constitute grounds for the imposition of antidumping duties under section 731 of such Act. TITLE II--EXTENSION AND MODIFICATION OF FAIR TRADE IN AUTO PARTS ACT SEC. 201. EXTENSION AND MODIFICATION OF FAIR TRADE IN AUTO PARTS ACT. (a) In General.--Section 2125 of the Fair Trade in Auto Parts Act of 1988 (15 U.S.C. 4704) is amended by striking ``December 31, 1993'' and inserting ``December 31, 1998''. (b) Functions of Secretary of Commerce.--Section 2123(b) of the Fair Trade in Auto Parts Act of 1988 (15 U.S.C. 4702(b)) is amended by striking ``and'' at the end of paragraph (6), by striking the period at the end of paragraph (7) and inserting ``; and'', and by adding at the end the following new paragraph: ``(8) coordinate-- ``(A) United States policy regarding auto parts and the market for auto parts; and ``(B) the sharing of data and market information among the relevant departments and agencies of the United States Government, including the Department of the Treasury, the Department of Justice, the Department of Commerce, and the Office of the United States Trade Representative.''. (c) Definitions.--Section 2122 of the Fair Trade in Auto Parts Act of 1988 (15 U.S.C. 4701 note) is amended-- (1) by striking ``For purposes of'' and inserting ``(a) Japanese Markets.--For purposes of''; (2) by adding at the end the following new subsection: ``(b) Other Definitions.--For purposes of this part: ``(1) The term `auto parts and accessories' has the meaning given the term `motor vehicle parts' in section 1(b)(1)(B) of the Fair Trade in Motor Vehicle Parts Act of 1993. ``(2) The term `United States auto parts manufacturer' means a manufacturer of auto parts that-- ``(A) has one or more auto parts manufacturing facilities located within the United States, and ``(B)(i) is not owned or controlled by a natural person who is a citizen of Japan; and ``(ii) is not owned or controlled by a corporation or other legal entity, wherever located, which is owned or controlled by-- ``(I) natural persons who are citizens of Japan, or ``(II) another corporation or other legal entity that is owned or controlled by natural persons who are citizens of Japan. ``(3) The terms `United States-made auto parts and accessories' and `United States-made auto parts' have the meaning given the term `United States motor vehicle parts' in section 1(b)(3) of the Fair Trade in Motor Vehicle Parts Act of 1993.''; and (3) by striking ``definition'' in the heading and inserting ``definitions''.

TABLE OF CONTENTS: Title I: Trade Remedy Actions Title II: Extension and Modification of Fair Trade in Auto Parts Act Fair Trade in Motor Vehicle Parts Act of 1993 - Title I: Trade Remedy Actions - Declares that any act, policy, or practice of a deficit foreign country that adversely affects the access to its market of U.S. motor vehicle parts (including, but not limited to, any act, policy, or practice utilized in such country's motor vehicle distribution system) shall, for purposes of "301" action under the Trade Act of 1974, be considered as an act, policy, or practice that is unjustifiable and burdens or restricts U.S. commerce. Directs the United States Trade Representative (USTR) to determine what action to take under the Act to eliminate such act, policy, or practice. Requires an agenda for negotiations with countries the USTR has taken action against to include: (1) a certain percentage of guaranteed sales in the deficit foreign country's market of U.S. motor vehicle parts; (2) the elimination or modification of the aspects of such country's motor vehicle distribution system that act as a barrier to U.S. motor vehicle parts; and (3) the exchange between such country and the United States of information concerning bilateral trade in such parts. Requires the USTR to make certain estimates with respect to the current percentage of such country's market for motor vehicle parts that is accounted for by U.S. motor vehicle parts. Requires the Secretary of Commerce (Secretary) to commence an antidumping duty investigation to determine if imports of motor vehicle parts from a deficit foreign country, or sales (or the likelihood of sales) of such imports, constitute grounds for the imposition of antidumping duties. Title II: Extension and Modification of Fair Trade in Auto Parts Act - Amends the Fair Trade in Auto Parts Act of 1988 to extend such Act through December 31, 1998. Directs the Secretary, among other things, to coordinate: (1) U.S. policy regarding auto parts and the market for auto parts by the Japanese; and (2) the sharing of data and market information among U.S. agencies, including the Department of the Treasury, the Department of Justice, the Department of Commerce, and the Office of the USTR.

Fair Trade in Motor Vehicle Parts Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Television and Radio Program Violence Reduction Act of 1993''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Television and radio programming are bringing ever- increasing levels of violent programming into the American home. Over 25 percent of prime-time television shows contain `very violent' material, according to the National Coalition on Television Violence. (2) Prime time violence tripled during the 1980's, the American Academy of Pediatrics reports. (3) Programs developed for children are especially violent. A University of Pennsylvania study found that children's programming contains over 30 violent acts per hour. (4) Before the average child finishes grade school, he or she sees 8,000 murders and 100,000 acts of violence on television. (5) Numerous academic studies have built up astonishing evidence that shows children tend to imitate the behavior they see on television. The National Institute of Mental Health finds that violence on television leads to aggressive behavior by children and teenagers who watch violent programs. (6) Three different Surgeons General, the Attorney General's Task Force on Family Violence, the American Medical Association, the American Psychiatric Association, the American Academy of Pediatrics, and other authorities have all found that viewing televised violence is harmful to children. (7) Americans watch enormous amounts of television, and many children will watch television for twice as many hours (22,000 hours) as they attend school. (8) Many children watch violent television programs without adult supervision or guidance. (9) More than 20 years of research has led to a consensus that watching televised violence increases children's aggressiveness and desensitizes them to the effects and implications of violence, and the solidity of the agreement among respected scientists that televised violence is harmful nullifies arguments to the contrary by the television industry. (10) There is a need to find solutions that limit the harmful influence of television and radio violence and yet maintain our freedom of expression. SEC. 3. DEFINITIONS. As used in this Act: (1) The term ``violence'' means any action that has as an element the use or threatened use of physical force against the person of another, or against one's self, with intent to cause bodily harm to such person or one's self. For purposes of this Act, an action may involve violence regardless of whether or not such action or threat of action occurs in a realistic or serious context or in a humorous or cartoon type context. (2) The term ``programming'' includes cartoons. (3) The term ``child'' or ``children'' means any individual or individuals under 18 years of age. (4) The term ``person'' shall have the same meaning given that term under section 602(14) of the Communications Act of 1934 (47 U.S.C. 522(14)). (5) The term ``cable operator'' shall have the same meaning given that term under section 602(4) of the Communications Act of 1934 (47 U.S.C. 522(4)). (6) The term ``cable service'' shall have the same meaning given that term under section 602(5) of the Communications Act of 1934 (47 U.S.C. 522(5)). (7) The term ``television or radio broadcast licensee'' means a ``licensee'' as defined in section 3(c) of the Communications Act of 1934 (47 U.S.C. 153(c)) authorized to engage in television or radio broadcasting, including independent television broadcasting. (8) The term ``franchising authority'' shall have the same meaning given that term under section 602(10) of the Communications Act of 1934 (47 U.S.C. 522(10)). SEC. 4. RULEMAKING REQUIRED. (a) Standards.--The Federal Communications Commission shall, within 60 days after the date of the enactment of this section, initiate a rulemaking proceeding to prescribe standards applicable to television and radio broadcast licensees and cable operators providing cable service under a franchise granted by a franchising authority, requiring such television or radio broadcast licensees and cable operators, including cable programmers, to reduce the broadcasting of all video and audio programming which contains violence. (b) Final Standards.--The Commission shall, within 150 days following the date of the enactment of this Act, prescribe final standards in accordance with this section. SEC. 5. VIOLATIONS. (a) Violations.--If a person violates any rule or regulation issued or promulgated pursuant to section 3, the Federal Communications Commission shall, after notice and opportunity for hearing, impose on the person a civil fine of not more than $5,000. For purposes of this subsection, each program in violation constitutes a separate violation. (b) Intentional Violations.--If a person intentionally violates any rule or regulation issued or promulgated pursuant to section 3, the Federal Communications Commission shall, after notice and opportunity for hearing, impose on the person a civil fine of not less than $10,000 or more than $25,000. For purposes of this subsection, each program in violation constitutes a separate violation. (c) Repeated Violations.--If a person repeatedly violates any rule or regulation issued or promulgated pursuant to section 3, the Federal Communications Commission shall, after notice and opportunity for hearing, immediately repeal the person's broadcast license in the case of a broadcaster, and immediately repeal the person's satellite license in the case of the cable operator. SEC. 6. EXCEPTIONS FOR CERTAIN VIDEO PROGRAMMING. The Federal Communications Commission may exempt, as public interest requires, certain video and audio programming from the requirements of section 3, including news broadcasts, sporting events, educational programming and documentaries. SEC. 7. CONSIDERATION OF VIOLATIONS IN BROADCAST LICENSE RENEWAL. The Federal Communications Commission shall consider, among the elements in its review of an application for renewal of a television or radio broadcast license, including an independent television broadcaster, whether the licensee has complied with the standards required to be prescribed under section 3 of this Act.

Television and Radio Program Violence Reduction Act of 1993 - Requires the Federal Communications Commission (FCC) to prescribe standards requiring television and radio broadcast licensees and cable operators, including cable programmers, to reduce the broadcasting of all video and audio programming which contains violence. Authorizes the FCC to exempt, as public interest requires, certain video and audio programming, including news broadcasts, sporting events, educational programming, and documentaries. Directs the FCC to consider, in its review of an application for renewal of a television or radio broadcast license, whether the licensee has complied with this Act.

Television and Radio Program Violence Reduction Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Workplace Fairness Act of 1996''. SEC. 2. DISCRIMINATION PROHIBITED. A covered entity shall not subject an individual to different standards or treatment on any basis other than factors pertaining to job performance in connection with employment or employment opportunities, or beginning on the 91st day of employment following hire or rehire, the compensation, terms conditions, or privileges of employment. SEC. 3. QUOTAS PROHIBITED. A covered entity shall not adopt or implement a quota pursuant to this Act on any basis other than factors pertaining to job performance. SEC. 4. RELIGIOUS EXEMPTION. (a) In General.--Except as provided in subsection (b), this Act shall not apply to religious organizations. (b) For-Profit Activities.--This Act shall apply with respect to employment and employment opportunities that relate to any employment position that pertains solely to a religious organization's for-profit activities subject to taxation under section 511(a) of the Internal Revenue Code of 1986. SEC. 5. ENFORCEMENT. (a) Enforcement Powers.--With respect to the administration and enforcement of this Act in the case of a claim alleged by an individual for a violation of this Act-- (1) the Commission shall have the same powers as the Commission has to administer and enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), or (B) sections 302, 303, and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, and 1204), in the case of a claim alleged by such individual for a violation of such title or of section 302(a)(1) of such Act, respectively, (2) the Librarian of Congress shall have the same powers as the Librarian of Congress has to administer and enforce title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title, (3) the Board (as defined in section 101 of the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) shall have the same powers as the Board has to administer and enforce the Congressional Accountability Act of 1995 in the case of a claim alleged by such individual for a violation of section 201(a)(1) of such Act. (4) the Attorney General of the United States shall have the same powers as the Attorney General has to administer and enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), or (B) sections 302, 303, and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204), in the case of a claim alleged by such individual for a violation of such title or of section 302(a)(1) of such Act, respectively, and (5) the courts of the United States shall have the same jurisdiction and powers as such courts have to enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title, (B) sections 302, 303, and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204) in the case of a claim alleged by such individual for a violation of section 302(a)(1) of such Act, and (C) the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) in the case of a claim alleged by such individual for a violation of section 201(a)(1) of such Act. (b) Procedures and Remedies.--The procedures and remedies applicable to a claim alleged by an individual for a violation of this Act are-- (1) the procedures and remedies applicable for a violation of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title, (2) the procedures and remedies applicable for a violation of section 302(a)(1) of the Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) in the case of a claim alleged by such individual for a violation of such section, and (3) the procedures and remedies applicable for a violation of section 201(a)(1) of Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) in the case of a claim alleged by such individual for a violation of such section. (c) Other Applicable Provisions.--With respect to claims alleged by covered employees (as defined in section 101 of the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3)) for violations of this Act, title III of the Congressional Accountability Act of 1995 shall apply in the same manner as such title applies with respect to a claims alleged by such covered employees for violations of section 201(a)(1) of such Act. SEC. 7. STATE AND FEDERAL IMMUNITY. (a) State Immunity.--A State shall not be immune under the eleventh article of amendment to the Constitution of the United States from an action in a Federal court of competent jurisdiction for a violation of this Act. In an action against a State for a violation of this Act, remedies (including remedies at law and in equity) are available for the violation to the same extent as such remedies are available in an action against any public or private entity other than a State. (b) Liability of the United States.--The United States shall be liable for all remedies (excluding punitive damages) under this Act to the same extent as a private person and shall be liable to the same extent as a nonpublic party for interest to compensate for delay in payment. SEC. 8. ATTORNEYS' FEES. In any action or administrative proceeding commenced pursuant to this Act, the court or the Commission, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including expert fees and other litigation expenses, and costs. The United States shall be liable for the foregoing the same as a private person. SEC. 9. POSTING NOTICES. A covered entity shall post notices for employees, and for applicants for employment, describing the applicable provisions of this Act in the manner prescribed by, and subject to the penalty provided under, section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e- 10). SEC. 10. REGULATIONS. The Commission shall have authority to issue regulations to carry out this Act. SEC. 11. RELATIONSHIP TO OTHER LAWS. This Act shall not invalidate or limit the rights, remedies, or procedures available to an individual under title VII of the Civil Rights Act of 1964, or any other Federal law or any law of a State or political subdivision of a State. SEC. 12. SEVERABILITY. If any provision of this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby. SEC. 13. EFFECTIVE DATE. This Act shall take effect 60 days after the date of the enactment of this Act and shall not apply to conduct occurring before such effective date. SEC. 14. DEFINITIONS. As used in this Act: (1) The term ``Commission'' means the Equal Employment Opportunity Commission. (2) The term ``covered entity'' means an employer, employment agency, labor organization, joint labor management committee, an entity to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)) applies, an employing authority to which section 302(a)(1) of the Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) applies, or an employing authority to which section 201(a) of the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) applies. (3) The term ``employer'' has the meaning given such term in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)), except that a reference in such section to employees shall be deemed for purposes of this Act to be a reference to full-time employees. (4) The term ``employment agency'' has the meaning given such term in section 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(c)). (5) The term ``employment or employment opportunities'' includes job application procedures, hiring, advancement, discharge, compensation, job training, or any other term, condition, or privilege of employment. (6) The term ``labor organization'' has the meaning given such term in section 701(d) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(d)). (7) The term ``person'' has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)). (8) The term ``factors pertaining to job performance'' means-- (A) employment history, including referrals from previous employers, (B) ability and willingness to comply with the performance requirements (including attendance and procedures) of the particular employment involved, (C) educational background, (D) any use of a drug or of alcohol, that may adversely affect job performance, (E) any conviction of an offense for which a term of imprisonment exceeding 1 year could have been imposed, (F) any conflict of interest relating to the particular employment involved, (G) seniority recognized under an applicable bona fide seniority system, (H) ability to work well with others (cooperation and teamwork), and (I) insubordination. (9) The term ``religious organization'' means-- (A) a religious corporation, association, or society, or (B) a college, school, university, or other educational institution, not otherwise a religious organization, if-- (i) it is in whole or substantial part controlled, managed, owned, or supported by a religious corporation, association, or society, or (ii) its curriculum is directed toward the propagation of a particular religion. (10) The term ``State'' has the meaning given such term in section 701(i) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(i)).

Workplace Fairness Act of 1996 - Prohibits employment discrimination on any basis other than job performance by covered entities, including an employing authority to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply. Prohibits quotas. Declares that this Act does not apply to religious organizations (except in their for-profit activities). Provides for enforcement. Disallows State immunity. Makes the United States liable for all remedies (except punitive damages) to the same extent as a private person. Allows recovery of attorney's fees. Requires posting notices for employees and applicants. Sets forth factors that pertain to job performance, including ability and willingness to comply with performance requirements (including attendance and procedures), any use of a drug or of alcohol that may adversely affect job performance, any conviction of an offense for which a term of imprisonment exceeding one year could have been imposed, and the ability to work well with others.

Workplace Fairness Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Urban Sprawl and Smart Growth Study Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Urban sprawl destroys valuable open space, farmland, wildlife, and natural, cultural, scenic, and recreational resources. (2) Urban sprawl also leads to costly public expenditures for infrastructure, public schools, and transportation for newly developed areas while causing disinvestment in the urban cores of cities and towns. (3) Smart growth can prevent these problems and help enhance the quality of life for everyone. (4) Although growth management is primarily a State, tribal, and local responsibility, the effects of Federal actions contributing to or avoiding urban sprawl can be considerable. (5) Federal agencies can benefit from additional guidance to improve the use of environmental impact statements and environmental assessments in considering the potential effects of their proposed actions on urban sprawl and smart growth. SEC. 3. SMART GROWTH STUDY. (a) Study Required.--The Council on Environmental Quality shall conduct a study of urban sprawl and smart growth that updates and builds on the Council's 1974 study entitled ``The Costs of Sprawl'' and the Council's 1981 study entitled ``National Agricultural Lands Study''. (b) Examination of Environmental Impact Statements.--In conducting the study, the Council shall select and examine a variety of environmental impact statements and environmental assessments by a minimum of 15 Federal agencies, that were completed after 1995 for land and facility management, transportation and infrastructure, and regulatory and development assistance programs, including rural, urban, and tribal assistance. (c) Public Participation.--The Council shall provide opportunities for public participation in the study, including by-- (1) conducting public meetings in at least 5 cities that, as determined by the Council, are each located-- (A) in a different region of the United States; and (B) in an area that is experiencing an increase in urban sprawl; (2) making electronically accessible to the public information on the study and related documents; and (3) holding discussions with Federal, State, and local government personnel and representatives of Indian tribes involved in the process of formulating environmental impact statements and environmental assessments. (d) Report.--Not later than 18 months after the date of the enactment of this Act, the Council shall submit a report to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate describing the results of the study, including the following: (1) Findings of the Council concerning the economic, environmental, and land use effects of urban sprawl, such as those relating to energy, transportation, housing, schools, small business, Government facilities and military installations, public lands and forests, parks and recreation, agriculture and rural landscapes, air and water, and natural, scenic, and cultural resources. (2) Recommendations for improving environmental reviews by Federal agencies to more adequately address urban sprawl. (3) Recommendations for nonregulatory actions that may be taken by Federal agencies to-- (A) assist States and local communities in efforts to promote the beneficial effects of smart growth; and (B) minimize actions by the agencies that result in adverse effects of urban sprawl. (e) Participation of Other Agencies.--In carrying out this section, the Council should seek the participation of other Federal agencies. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Council $300,000 for the purpose of carrying out this section, in addition to any other amounts that are available for such purpose. SEC. 4. COMMENTS ON URBAN SPRAWL. In any written comment prepared under section 309 of the Clean Air Act (42 U.S.C. 7609) for any matter contained in any proposed legislation, Federal project, Federal agency action, or proposed regulation described in clause (1), (2), or (3) of subsection (a) of that section, the Administrator of the Environmental Protection Agency shall address the impact of the matter on urban sprawl. SEC. 5. NOTIFICATION, CONSULTATION, AND CONSIDERATION OF EFFECTS BEFORE DETERMINING WHETHER TO PREPARE AN ENVIRONMENTAL IMPACT STATEMENT. (a) Notice and Comment.--In preparing an environmental assessment for a proposed Federal action and before determining whether to prepare an environmental impact statement for the action, the head of a Federal agency shall-- (1) publish notice of the action in the Federal Register and local newspapers of general circulation; (2) directly notify persons that may be affected by the proposed Federal action, including each State government, local government, Indian tribe, and private property owner that may be so affected; (3) conduct discussions with such persons on the proposed action and its alternatives; and (4) seek to address such persons' concerns, if any. (b) Consideration of Request for Environmental Impact Statement.-- If the Governor of a State or the head of a local government or Indian tribe referred to in subsection (a)(1) submits in writing to the head of the Federal agency a statement that the proposed Federal action will result in urban sprawl significantly affecting the quality of the human environment and a request for preparation of an environmental impact statement for the proposed Federal action, the head of the Federal agency shall give great weight to the request in determining whether to prepare an environmental impact statement for the proposed Federal action. (c) Publication of Environmental Assessment.--If, after receiving a written statement and request for an environmental impact statement under subsection (b) for a proposed Federal action, the head of a Federal agency determines that the environmental impact statement is not required by section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), the agency head shall-- (1) include in an environmental assessment for the action an explanation of why the proposed action will not result in urban sprawl significantly affecting the quality of the human environment; (2) provide public notice of the availability of the assessment in the Federal Register and local newspapers of general circulation; and (3) transmit a copy of the assessment to the Council on Environmental Quality. (d) Urban Sprawl.--The head of a Federal agency shall include in an environmental impact statement requested pursuant to subsection (b), for each alternative included in the statement under section 102(2)(C)(iii) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)(iii)), an analysis of the environmental effects of the action on urban sprawl. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Council.--The term ``Council'' means the Council on Environmental Quality. (2) Environmental assessment.--The term ``environmental assessment'' has the meaning given to that term in section 1508.9 of title 40, Code of Federal Regulations, as in effect on the date of the enactment of this Act. (3) Environmental impact statement.--The term ``environmental impact statement'' means a detailed written statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). (4) Indian tribe.--The term ``Indian tribe'' means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, that is recognized as eligible for the special programs and services provided by the United States to members of the Indian tribe because of their status as members. (5) Urban sprawl.--The term ``urban sprawl''-- (A) means any change in the pattern of the use of land outside of an urban center that results in a relatively dispersed form of residential or commercial development; and (B) includes any such change that-- (i) may result in loss of open space, farmland, rural landscapes, wildlife, or natural, cultural, scenic, or recreational resources; or (ii) may result in high public costs for infrastructure, public facilities, or transportation and lead to disinvestment in older urban or suburban areas. (6) Smart growth.--The term ``smart growth'' means policies regarding growth and development that-- (A) recognize the effects of new growth and development, including the environmental, economic, and social costs described in paragraph (5)(B); and (B) attempt to mitigate those effects in advance so as to avoid or reduce them.

Urban Sprawl and Smart Growth Study Act - Requires the Council on Environmental Quality to study and report to specified congressional committees on urban sprawl and smart growth, examining environmental impact statements (EIS) and assessments by a minimum of 15 Federal agencies that were completed after 1995.Provides for consideration of urban sprawl in environmental assessments and EIS prepared by Federal agencies for proposed Federal actions.

To require the Council on Environmental Quality to conduct a study on urban sprawl and smart growth, and to ensure the consideration by Federal agencies of urban sprawl in the preparation of their environmental reviews under the National Environmental Policy Act of 1969.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Michelle's Law''. SEC. 2. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY LEAVE OF ABSENCE. (a) Amendments of ERISA.--Subpart A of part 7 of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181 et seq.) is amended by adding at the end the following: ``SEC. 704. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY LEAVE OF ABSENCE. ``(a) Medically Necessary Leave of Absence.--In this section, the term `medically necessary leave of absence' means a leave of absence from a postsecondary educational institution (including an institution of higher education as defined in section 102 of the Higher Education Act of 1965) that-- ``(1) is due to a severe illness or injury, as certified by the attending physician of the dependent child involved; and ``(2) causes the dependent child involved to lose full-time student status. ``(b) Requirement To Continue Coverage.-- ``(1) In general.--In the case of a dependent child described under paragraph (2), a group health plan (or health insurance coverage offered in connection with such a plan) shall not terminate coverage of such child due to a medically necessary leave of absence before the date that is the earlier of-- ``(A) the date that is 1 year after the first day of the medically necessary leave of absence; or ``(B) the date on which such coverage would otherwise terminate under the terms of the plan. ``(2) Child described.--A dependent child described in this paragraph is a child who-- ``(A) is a dependent of a participant or beneficiary of the plan or coverage; ``(B) is 18 years of age or older; ``(C) was enrolled in the plan or coverage as of the first day of the medically necessary leave of absence involved; and ``(D) was enrolled as a full-time student at a postsecondary educational institution (as described in subsection (a)) until the first day of the medically necessary leave of absence involved. ``(3) Certification by physician.--Paragraph (1) shall not apply to a group health plan (or health insurance coverage offered in connection with such a plan) unless the dependent child submits to the plan or issuer and the postsecondary educational institution involved, documentation and certification by the child's attending physician stating that the leave of absence involved is a medically necessary leave of absence. ``(c) No Loss of Full-Time Status Due to Break in Semester.--Any breaks in the school semester shall not disqualify a dependent child described under subsection (b) from coverage under this section. ``(d) No Additional Coverage.--A dependent child described under subsection (b) shall be entitled to an extension under this section of only those benefits to which the child was entitled under the terms of the plan or coverage as of the first day of the medically necessary leave of absence involved. ``(e) Coverage Under Successor Plan.--If an employer or health insurance issuer changes group health plans after the first day of a medically necessary leave of absence of dependent child described in subsection (b) but before the date described under subsection (b)(1), and such new group health plan offers coverage of dependent children, such new group health plan shall be subject to this section in the same manner as the group health plan coverage in effect on the first day of the medically necessary leave of absence of such dependent child. ``(f) Presumption.--For purposes of administrative or judicial proceedings, there shall be a rebuttable presumption that the documentation and certification under subsection (b)(3) entitles the dependent child involved to coverage as described under this section.''. (b) Amendments to the Internal Revenue Code.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 (26 U.S.C. 9811 et seq.) is amended-- (1) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Coverage of dependent students on medically necessary leave of absence.''; and (2) by inserting after section 9813 the following: ``SEC. 9813. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY LEAVE OF ABSENCE. ``(a) Medically Necessary Leave of Absence.--The term `medically necessary leave of absence' means a leave of absence from a postsecondary educational institution (including an institution of higher education as defined in section 102 of the Higher Education Act of 1965) that-- ``(1) is due to a severe illness or injury, as certified by the attending physician of the dependent child involved; and ``(2) causes the dependent child involved to lose full-time student status. ``(b) Requirement To Continue Coverage.-- ``(1) In general.--In the case of a dependent child described under paragraph (2), a group health plan (or health insurance coverage offered in connection with such a plan) shall not terminate coverage of such child due to a medically necessary leave of absence before the date that is the earlier of-- ``(A) the date that is 1 year after the first day of the medically necessary leave of absence; or ``(B) the date on which such coverage would otherwise terminate under the terms of the plan. ``(2) Child described.--A dependent child described in this paragraph is a child who-- ``(A) is a dependent of a participant or beneficiary of the plan or coverage; ``(B) is 18 years of age or older; ``(C) was enrolled in the plan or coverage as of the first day of the medically necessary leave of absence involved; and ``(D) was enrolled as a full-time student at a postsecondary educational institution (as described in subsection (a)) until the first day of the medically necessary leave of absence involved. ``(3) Certification by physician.--Paragraph (1) shall not apply to a group health plan (or health insurance coverage offered in connection with such a plan) unless the dependent child submits to the plan or issuer and the postsecondary educational institution involved, documentation and certification by the child's attending physician stating that the leave of absence involved is a medically necessary leave of absence. ``(c) No Loss of Full-Time Status Due to Break in Semester.--Any breaks in the school semester shall not disqualify a dependent child described under subsection (b) from coverage under this section. ``(d) No Additional Coverage.--A dependent child described under subsection (b) shall be entitled to an extension under this section of only those benefits to which the child was entitled under the terms of the plan or coverage as of the first day of the medically necessary leave of absence involved. ``(e) Coverage Under Successor Plan.--If an employer or health insurance issuer changes group health plans after the first day of a medically necessary leave of absence of dependent child described in subsection (b) but before the date described under subsection (b)(1), and such new group health plan offers coverage of dependent children, such new group health plan shall be subject to this section in the same manner as the group health plan coverage in effect on the first day of the medically necessary leave of absence of such dependent child. ``(f) Presumption.--For purposes of administrative or judicial proceedings, there shall be a rebuttable presumption that the documentation and certification under subsection (b)(3) entitles the dependent child involved to coverage as described under this section.''.

Michelle's Law - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code of 1986 to prohibit a group health plan or health insurance coverage offered in connection with such a plan from terminating the coverage of a dependent child due to a medically necessary leave of absence from a postsecondary educational institution that causes the child to lose full-time status before the date that is the earlier of: (1) one year after the first day of the leave of absence; or (2) the date on which such coverage would otherwise terminate under the terms of the plan. Requires documentation and a certification by a physician.

A bill to amend the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to ensure that dependent students who take a medically necessary leave of absence do not lose health insurance coverage, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Minority Entrepreneurship and Innovation Pilot Program of 2006''. SEC. 2. FINDINGS. Congress finds-- (1) the 2005 ``State of Black America Report'' issued by the National Urban League finds a significant level of ``equality gaps'' between African Americans and Whites, with the median net worth of an African-American family is $6,100, compared with $67,000 for a white family; (2) in 2005, the African American unemployment rate was 9.5 percent and the Hispanic unemployment rate was 6 percent, well above the national average of 4.7 percent; (3) African Americans account for 12.3 percent of the United States population and only 4 percent of all United States businesses, Hispanic Americans represent 12.5 percent of the United States population and approximately 6 percent of all United States businesses, Native Americans account for approximately 1 percent of the United States population and .9 percent of all United States businesses; (4) entrepreneurship has proven to be an effective tool for economic growth and viability of all communities; (5) fostering minority owned businesses is a key ingredient for economic development in the minority community, an effective tool for creating lasting and higher-paying jobs, and a source of creating wealth in the minority community; and (6) between 1987 and 1997, revenue from minority owned businesses rose by 22.5 percent, an increase equivalent to an annual growth rate of 10 percent, and employment opportunities within minority owned firms increased by 23 percent. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``Administrator'' means the Administrator of the Small Business Administration; (2) the term ``Hispanic serving institution'' has the meaning given the term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a); (3) the term ``historically Black college and university'' has the meaning given the term ``part B institution'' in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061); (4) the term ``small business concern'' has the same meaning as in section 3 of the Small Business Act (15 U.S.C. 632); (5) the term ``small business development center'' has the same meaning as in section 21 of the Small Business Act (15 U.S.C. 648); and (6) the term ``Tribal College'' has the meaning given the term ``tribally controlled college or university'' in section 2 of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801). SEC. 4. MINORITY ENTREPRENEURSHIP AND INNOVATION GRANTS. (a) In General.--The Administrator shall make grants to historically Black colleges and universities, Tribal Colleges, and Hispanic serving institutions, or to any entity formed by a combination of such institutions-- (1) to assist in establishing an entrepreneurship curriculum for undergraduate or graduate studies; and (2) for placement of small business development centers on the physical campus of the institution. (b) Curriculum Requirement.--An institution of higher education receiving a grant under this section shall develop a curriculum that includes training in various skill sets needed by successful entrepreneurs, including-- (1) business management and marketing, financial management and accounting, market analysis and competitive analysis, innovation and strategic planning; and (2) additional entrepreneurial skill sets specific to the needs of the student population and the surrounding community, as determined by the institution. (c) Small Business Development Center Requirement.--Each institution receiving a grant under this section shall open a small business development center that-- (1) performs studies, research, and counseling concerning the management, financing, and operation of small business concerns; (2) performs management training and technical assistance regarding the participation of small business concerns in international markets, export promotion and technology transfer, and the delivery or distribution of such services and information; (3) offers referral services for entrepreneurs and small business concerns to business development, financing, and legal experts; and (4) promotes market-specific innovation, niche marketing, capacity building, international trade, and strategic planning as keys to long-term growth for its small business concern and entrepreneur clients. (d) Grant Limitations.--A grant under this subsection-- (1) may not exceed $1,000,000 per fiscal year for any 1 institution of higher education; (2) may not be used for any purpose other than those associated with the direct costs incurred to develop and implement a curriculum that fosters entrepreneurship and the costs incurred to organize and run a small business development center on the grounds of the institution; and (3) may not be used for building expenses, administrative travel budgets, or other expenses not directly related to the implementation of the curriculum or activities authorized by this Act. (e) Exception From Small Business Act Requirement.--Subparagraphs (A) and (B) of section 21(a)(4) of the Small Business Act (15 U.S.C. 648(a)(4)) do not apply to assistance made available under this section. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $24,000,000, to remain available until expended, for each of fiscal years 2007 and 2008. (g) Report.--Not later than November 1 of each year, the Associate Administrator of Entrepreneurial Development of the Small Business Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a report evaluating the award and use of grants under this section during the preceding fiscal year, which shall include-- (1) a description of each entrepreneurship program developed with grant funds, the date of the award of such grant, and the number of participants in each such program; (2) the number of small business concerns assisted by each small business development center established with a grant under this section; and (3) data regarding the economic impact of the small business development center counseling provided under a grant under this section. (h) Limitation on Use of Other Funds.--The Administrator shall carry out this section only with amounts appropriated in advance specifically to carry out this section.

Minority Entrepreneurship and Innovation Pilot Program of 2006 - Directs the Administrator of the Small Business Administration to make grants to historically Black colleges and universities, Tribal Colleges, and Hispanic serving institutions, or to any entity formed by a combination of such institutions: (1) to assist in establishing an entrepreneurship curriculum for undergraduate or graduate studies; and (2) for the placement of small business development centers on the physical campus of the institution. Requires an institution of higher education receiving a grant to: (1) develop a curriculum that includes training in various skill sets needed by successful entrepreneurs; and (2) open a small business development center. Limits this pilot program to two fiscal years, and a grant to $1 million per fiscal year for any one institution of higher education.

A bill to establish a 2-year pilot program to develop a curriculum at historically Black colleges and universities, Tribal Colleges, and Hispanic serving institutions to foster entrepreneurship and business development in underserved minority communities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Head Start Assessment Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) When used appropriately, valid and reliable assessments can be of positive value for improving instruction and supporting development of young children. (2) According to the National Academy of Sciences report, Eager to Learn: Educating Our Preschoolers, assessment of children below school age is in ``flux'' and ``all assessments, and particularly assessments for accountability, must be used carefully and appropriately if they are to resolve, and not create, educational problems.'' (3) The Eager to Learn report emphasized that the intended purpose and use of the data to be derived from assessments should be considered in determining which assessment instruments and procedures are most appropriate. (4) The National Academy of Sciences reports that few early childhood educators and administrators are well-trained in the selection and appropriate use of assessments for young children. (5) According to the National Academy of Sciences report, From Neurons to Neighborhoods, the emotional and social development of young children is as critical to school readiness as language and cognitive development. (6) The Head Start Act currently requires programs to assess children in Head Start a minimum of three times a year against certain performance standards, which include all domains of the development and learning of children. (7) The proposed Head Start National Reporting System on Child Outcomes assessment is not reflective of the full range of skills and competencies that the National Academy of Sciences reports state children require to succeed, and it has not been thoroughly debated by those groups associated with Head Start, including early childhood development and assessment experts, early childhood educators and administrators, family members of children participating in Head Start, or Congress. SEC. 3. DELAYED IMPLEMENTATION OF ASSESSMENT PROCEDURES IN CONNECTION WITH THE HEAD START NATIONAL REPORTING SYSTEM ON CHILD OUTCOMES. (a) Satisfaction of Conditions.--The Secretary of Health and Human Services shall not proceed with the full-scale implementation of the Head Start National Reporting System on Child Outcomes, as described in the project proposal (68 Fed. Reg. 17815; relating to Implementation of the Head Start National Reporting System on Child Outcomes), until the Secretary certifies to Congress that the following conditions have been satisfied: (1) Oversight hearings.--Congressional oversight hearings have been concluded concerning the development and implementation of the Head Start National Reporting System on Child Outcomes. (2) Public forums.--The Secretary has concluded, consistent with the requirements of subsection (b), public forums in different regions of the United States, and provided an opportunity for written public comments, concerning early childhood assessment proposals. (3) Study on early childhood assessments.--The Secretary has submitted, consistent with subsection (c), to Congress a study of early childhood assessments focusing on improving accountability, instruction, and the delivery of services. The Secretary shall request the National Academy of Sciences to prepare the study using a panel of nationally recognized experts in early childhood assessment, child development, and education. (4) Availability of funds.--Without reducing the number of students served by Head Start, sufficient funds are available to-- (A) develop and implement any new Head Start assessments; and (B) deliver necessary additional technical assistance and professional development required to successfully implement the new assessments. (b) Public Forum Participation.--To satisfy the condition specified in subsection (a)(2), the Secretary shall ensure that participation in the required forums includes-- (1) early childhood development and assessment experts; (2) early childhood educators and administrators; and (3) family members of children participating in Head Start. (c) Information Required by Study on Early Childhood Assessments.-- To satisfy the condition specified in subsection (a)(3), the Secretary shall ensure that the required study contains, at a minimum, specific information regarding the following: (1) Which skills and competencies are predictive of school readiness and future academic success. (2) The development, selection, and use of instruments, determined to be reliable and validated for preschoolers, including preschoolers in the Head Start population, to assess the development in young children of-- (A) literacy, language, and mathematical skills; (B) emotional and social skills; and (C) health and physical well-being. (3) The development of appropriate benchmarks and the proper use of early childhood assessments to improve Head Start program effectiveness and instruction. (4) The resources required for successful implementation of additional assessments within Head Start and how such additional assessments might be coordinated with current processes. (5) Whether a new assessment would provide information to improve program accountability or instruction that is not already available from existing assessments and reporting procedures within Head Start. (6) The professional development and personnel needs for successful implementation of early childhood assessments. (7) The practicality of employing sampling techniques as part of any early childhood assessment. (8) The practicality of employing observational and work- sampling assessment techniques as part of an early childhood assessment. (9) Steps needed to ensure that assessments accommodate the racial, cultural, and linguistic diversity of young children, including young children with disabilities.

Head Start Assessment Act of 2003 - Prohibits the Secretary of Health and Human Services from proceeding with the full-scale implementation of the Head Start National Reporting System on Child Outcomes, as described in a specified project proposal, until the Secretary certifies to Congress that: (1) congressional oversight hearings have been concluded concerning the development and implementation of the System; (2) the Secretary has concluded public forums in different regions of the United States, and provided an opportunity for written public comments, concerning early childhood assessment proposals; (3) the Secretary has reported to Congress a study by the National Academy of Sciences of early childhood assessments focusing on improving accountability, instruction, and the delivery of services; and (4) sufficient funds are available to develop and implement any new Head Start assessments, and deliver necessary additional technical assistance and professional development required to successfully implement these assessments. Prescribes requirements for participants in such public forums.

To condition the implementation of assessment procedures in connection with the Head Start National Reporting System on Child Outcomes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Curecanti National Recreation Area Boundary Establishment Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) Since 1965, the National Park Service has been co- managing the Curecanti National Recreation Area under agreements with the Bureau of Reclamation. (2) The Curecanti National Recreation Area has never been legislatively established. (3) Public Law 106-76 directed the National Park Service to conduct a study to assess the natural, cultural, recreational, and scenic resources within and surrounding Curecanti National Recreation Area, and to identify and recommend a variety of alternatives and tools to protect those resource values and the character of the land. (4) The Curecanti National Recreation Area includes an abundance of natural, historic, and archeological features in a setting of canyons, pinnacles, cliffs, and mesas, offering the public opportunities for recreation and reflection within its scenic landscape. (5) The National Park Service, in cooperation with the Bureau of Reclamation, completed the Curecanti Resource Protection Study/EIS, and prepared a Report to Congress, October 2009, which recommends that Congress pass enabling legislation for the National Recreation Area. SEC. 3. DEFINITIONS. In this Act: (1) Map.--The term ``map'' means the map entitled ``Map to Establish Curecanti National Recreation Area'', numbered 616/ 100485, and dated March 5, 2010. (2) National recreation area.--The term ``national recreation area'' means the Curecanti National Recreation Area, established in section 4. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. CURECANTI NATIONAL RECREATION AREA, COLORADO. (a) Establishment.--There is established the Curecanti National Recreation Area in the State of Colorado, as a unit of the National Park System, consisting of approximately 51,830 acres, as generally depicted on the map. (b) Conservation Opportunity Area.--There is established a conservation opportunity area, consisting of approximately 24,300 acres, as generally depicted on the map. (c) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 5. ADMINISTRATION OF NATIONAL RECREATION AREA. (a) In General.--The Secretary shall administer the national recreation area in accordance with this Act, the cooperative agreements described in this section, and with laws and regulations generally applicable to units of the National Park System, including the National Park Service Organic Act (39 Stat. 535, 16 U.S.C. 1). (b) Dam, Power Plant, and Reservoir Management and Operations.-- Nothing in this Act shall affect or interfere with the authority of the Secretary under-- (1) the National Reclamation Act (Public Law 57-161; Stat. 388), as amended and supplemented, to operate the Uncompahgre Valley Reclamation Project; or (2) Public Law 84-485, as amended and supplemented, to operate the Wayne N. Aspinall Unit of the Colorado River Storage Project. (c) Cooperative Agreements.-- (1) In general.--The Secretary may enter into, or modify existing, management agreements involving the National Park Service, the Bureau of Reclamation, the Bureau of Land Management, or the Forest Service to manage Federal lands within the boundary of the national recreation area. (2) State lands.--The Secretary may enter into cooperative management agreements for any lands administered by the State of Colorado that are within or adjacent to the national recreation area, pursuant to the cooperative management authority found in section 802(a) of the National Parks Omnibus Management Act of 1998 (Public Law 105-391). (d) Recreational Activities.--The Secretary shall allow boating, boating-related activities, hunting, and fishing within the national recreation area in accordance with applicable Federal and State laws. The Secretary may designate zones where, and establish periods when, no boating, hunting, or fishing shall be permitted for reasons of public safety. (e) Conservation Opportunity Area.--Within the boundaries of the conservation opportunity area established under this Act, the Secretary is authorized to acquire lands, or interests in lands, including conservation easements from willing sellers, and to provide technical assistance to landowners in order to conserve resources and values identified as important to the national recreation area on lands that are outside but adjacent to the national recreation area. (f) Withdrawal.--Subject to valid existing rights, all Federal lands within the national recreation area are withdrawn from all forms of entry, appropriation, or disposal under the public land laws; from location, entry, and patent under the mining laws; and from disposition under all laws relating to mineral and geothermal leasing, and all amendments thereto. (g) Grazing.-- (1) State or private lands.--On State or private lands acquired for the national recreation area on which authorized grazing is occurring on the date of enactment of this Act, the Secretary, in consultation with the lessee, may allow the continuation of grazing on the land by the lessee at the time of acquisition, subject to applicable law (including regulations). (2) Federal land.--Where grazing is allowed on land that is Federal land on the date of the enactment of this section and is located within the boundary of the national recreation area, the Secretary is authorized to allow the continuation of such grazing unless the Secretary determines that grazing would harm the resources or values of the national recreation area. (3) Termination of leases.--Nothing in this section shall prohibit the Secretary from accepting the voluntary termination of leases or permits for grazing within the national recreation area. SEC. 6. ACQUISITION OF PROPERTY AND BOUNDARY MANAGEMENT. (a) In General.--The Secretary is authorized to acquire from willing sellers lands, or interests in lands, within the boundary of the national recreation area or the conservation opportunity area necessary for effective management of the national recreation area. Lands acquired within the conservation opportunity area shall be added to the national recreation area and the boundary of the national recreation area shall be adjusted accordingly. (b) Acquisition.--Lands identified in subsection (a) may be acquired by donation, purchase with donated or appropriated funds, transfer from another Federal agency, or exchange. Lands or interests in lands owned by the State of Colorado, or a political subdivision thereof, may only be acquired by donation or exchange. (c) Exchanges.--For purposes of management efficiency and expanded recreational opportunities, the Secretary is authorized to conduct land exchanges with the Secretary of Agriculture and between the National Park Service and the Bureau of Land Management. (d) Transfer of Administrative Jurisdiction.--The Secretary of Agriculture and the Bureau of Land Management shall transfer, without consideration, administrative jurisdiction for lands to be added to the national recreation area, as shown on the map, to the National Park Service. The boundary of the Gunnison National Forest shall be modified to reflect the transfer of administrative jurisdiction from the Secretary of Agriculture. SEC. 7. GENERAL MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date on which funds are made available to carry out this Act, the National Park Service, in consultation with the Bureau of Reclamation, shall prepare a general management plan for the national recreation area. (b) Inclusions.--The general management plan shall include, at a minimum-- (1) measures for the preservation of the resources of the national recreation area; (2) requirements for the type and extent of development and use of the national recreation area; (3) identification of visitor carrying capacities for the national recreation area; and (4) opportunities for involvement by the Bureau of Reclamation, the Bureau of Land Management, the Forest Service, the State of Colorado, and other local and national entities in the formulation of educational and recreational programs for the national recreation area and for developing and supporting the national recreation area.

Curecanti National Recreation Area Boundary Establishment Act of 2010 - Establishes a boundary for the Curecanti National Recreation Area in Colorado and designates it as a unit of the National Park System. Establishes a conservation opportunity area within the Recreation Area. Withdraws all federal lands within the Recreation Area from specified public land, mining, and mineral and geothermal leasing laws. Requires the National Park Service (NPS) to develop a general management plan for the Recreation Area.

To establish the boundary of the Curecanti National Recreation Area, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prosperous and Secure Neighbor Alliance Act of 2007''. SEC. 2. FINDINGS; STATEMENT OF POLICY. (a) Findings.--Congress finds the following: (1) An alarming increase in illicit drugs and drug-related violence in Mexico and on the United States-Mexico border has made life gradually more difficult for Americans living in border communities. (2) The precarious security situation on the United States- Mexico border has also had a broader negative impact in the United States with illicit drugs continuing to get into the hands of our Nation's children. (3) United States Director of National Intelligence John Negroponte named Mexico in the Annual Threat Assessment of the Director of National Intelligence for the Senate Select Committee on Intelligence (February 2, 2006) as a country of concern regarding the capacity of drug trafficking organizations to undermine already weak state authority. (4) As a neighbor and as the second largest trading partner of the United States, Mexico deserves the support of the United States in taking steps to improve security and promote economic development in Mexico. (b) Statement of Policy.--It is, therefore, the policy of the United States to increase United States foreign assistance to improve security and promote economic development in Mexico, both of which are crucial to more effectively combat illicit drugs and drug-related violence and other criminal activities in Mexico and the United States. SEC. 3. AMENDMENT TO THE FOREIGN ASSISTANCE ACT OF 1961. Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq) is amended by adding at the end the following: ``CHAPTER 13--ASSISTANCE TO IMPROVE SECURITY AND PROMOTE ECONOMIC DEVELOPMENT IN MEXICO ``SEC. 499H. AUTHORIZATION OF ASSISTANCE. ``(a) In General.--The President, acting through the Director of Foreign Assistance, shall provide assistance to improve security and promote economic development in Mexico by-- ``(1) professionalizing Mexican law enforcement personnel to prepare such law enforcement personnel to more effectively combat illicit drugs and drug-related violence and other criminal activities, including by providing funding to coordinate United States and Mexican efforts to find missing United States citizens and to carry out DNA testing and forensic examinations; ``(2) providing technology to assist Mexican law enforcement personnel to more effectively combat illicit drugs and drug-related violence; ``(3) strengthening the Mexican judicial branch through the training of judges and prosecutors; ``(4) supporting anti-corruption programs in Mexico, including the vetting of Mexican law enforcement personnel who are working with United States Government personnel; and ``(5) reducing poverty through targeted funding to enhance social development in Mexico, including micro-lending and trade capacity building. ``(b) Terms and Conditions.--Assistance under this chapter may be provided on such terms and conditions as the President may determine. ``SEC. 499I. EVALUATION. ``The President shall conduct an annual evaluation of the results of the specific programs, projects, and activities carried out under this chapter during the preceding year in order to ensure transparency and accountability, including transparency and accountability of recipients of assistance provided under this chapter. ``SEC. 499J. REPORT. ``The President shall prepare and transmit to the Committee on International Relations of the House of Representatives, the Committee on Foreign Relations of the Senate, and other appropriate congressional committees an annual report on the specific programs, projects, and activities carried out under this chapter during the preceding year, including the evaluation conducted under section 499I. ``SEC. 499K. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to the President to carry out this chapter $170,000,000 for each of the fiscal years 2008 through 2012. ``(b) Additional Authorities.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a)-- ``(1) are authorized to remain available until expended; and ``(2) are in addition to amounts otherwise available for such purposes. ``(c) Funding Limitation.--Not more than 5 percent of the amounts appropriated pursuant to the authorization of appropriations under subsection (a) for a fiscal year may be used for administrative expenses. ``(d) Sense of Congress.--It is the sense of Congress that, of the amounts appropriated pursuant to the authorization of appropriations under subsection (a) for a fiscal year-- ``(1) $40,000,000 should be made available to carry out section 499H(a)(1); ``(2) $50,000,000 should be made available to carry out section 499H(a)(2); ``(3) $20,000,000 should be made available to carry out section 499H(a)(3); ``(4) $10,000,000 should be made available to carry out section 499H(a)(4); and ``(5) $50,000,000 should be made available to carry out section 499H(a)(5).''. SEC. 4. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE. Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that contains a description and analysis of the most effective strategies to reduce the demand for illicit drugs in the United States, specifically (but not limited to) strategies that reduce the demand for illicit drugs produced in or transported through Mexico.

Prosperous and Secure Neighbor Alliance Act of 2007 - States that it is U.S. policy to increase U.S. foreign assistance to improve security and promote economic development in Mexico, both of which are crucial to combat illicit drugs and drug-related violence and other criminal activities in Mexico and the United States. Amends the Foreign Assistance Act of 1961 to direct the President to provide assistance to improve security and promote economic development in Mexico by: (1) professionalizing Mexican law enforcement personnel; (2) providing technology to assist Mexican law enforcement personnel; (3) strengthening the Mexican judicial branch; (4) supporting anti-corruption programs in Mexico; and (5) reducing poverty through targeted funding to enhance social development in Mexico.

To amend the Foreign Assistance Act of 1961 to authorize assistance to improve security and promote economic development in Mexico.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Employment Dispute Resolution Act of 2000 (NEDRA)''. SEC. 2. FINDINGS. The Congress finds the following: (1) The prohibitive costs and emotional toll of litigation as well as the growing backlog of employment civil rights claims and lawsuits has impeded the protection and enforcement of workplace civil rights. (2) Mediation is an economical, participatory, and expeditious alternative to traditional, less cooperative methods of resolving employment disputes. (3) Mediation enables disputants to craft creative solutions and settlements, surpassing the reach of traditional remedies, thereby possibly protecting the continuity of the employment relationship. (4) As we enter the new millennium, a national program of directed or required participation in mediation where any settlement is voluntary mandated mediation for certain employment and contract disputes, will help fulfill the goal of equal opportunity in work and business places of the United States. (5) Overt and subtle discrimination still exists in our society and in the workplace. (6) Overt and subtle forms of discrimination cause substantial measurable economic and noneconomic costs to employers and the American workforce, create a barrier to fully realizing equal opportunity in the workplace, and are contrary to public policy promoting equal opportunity in the workplace. (b) Purposes.--The purposes of this Act are-- (1) to establish a fair and effective alternative means by which employees and covered employers may have an increased likelihood of resolving both alleged overt and subtle forms or acts of discrimination without the necessity of the employee taking some form of legal action against the employer, (2) in accordance with the various public policies encouraging the use of mediation, to make mediation available at an early stage of an employment dispute, thus-- (A) possibly reducing economic and noneconomic costs, (B) preserving the employment relationship and decreasing acrimony, and (C) decreasing the filing of a number of formal discrimination complaints, charges, and lawsuits and further burdening our public justice system, and (3) to provide that the participation in mediation shall not preclude either the employee-disputant or covered employer- disputant from having access to the public justice system. SEC. 3. AMENDMENTS TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964. (a) Federal Employees.--Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) is amended-- (1) in section 706(a) by inserting after the 7th sentence the following: ``Regardless of whether the Commission makes an investigation under this subsection, the Commission shall provide counseling services regarding, and endeavor to responsibly address and resolve, claims of unlawful discrimination using certified contract mediators.'', and (2) in section 711(a) by adding at the end the following: ``Every employer, employment agency, and labor organization shall provide to each employee and each member, individually, a copy of the materials required by this section to be so posted.''. (b) Office of Federal Contract Compliance.--Section 718 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-17) is amended-- (1) by inserting ``(a)'' after ``Sec. 718'', and (2) by adding at the end the following: ``(b) The Office of Federal Contract Compliance shall endeavor to responsibly address and resolve any alleged discrimination using mediation with respect to which this section applies. ``(c) An employer who establishes, implements an approved internal conflict management program or system providing the use of a certified mediator participates in mediation under this section shall be given preferred status in contract bidding for additional and for maintaining current Federal Government contracts. ``(d) An employer who is a party to a Government contract or the agency of the United States shall assume the costs of mediation under this section, including the fees of the mediator and any travel and lodging expenses of the employee, if such travel exceeds 25 miles, one way. Any settlement shall include, among other things, any appropriate and reasonable attorney fees. ``(e) Retaliation by an employer who is a party to a Government contract or the agency of the United States, or the destruction of evidence, shall result in the imposition of appropriate civil or criminal sanctions. The participation in mediation shall be at the option of the employee. The participation in mediation shall not preclude the employee's access to any State, local, or Federal EEO enforcement agency or any State or Federal court. ``(f) The Office of Federal Contract Compliance shall have authority over employers who are parties to Government contracts that fail to comply with this section. Failure to comply shall result in the loss of a current Government contract and disqualification from consideration for future Government contracts. ``(g) No resolution by the disputants may contravene the provisions of a valid collective bargaining agreement between an employer who is a part to a Government contract and a labor union or certified bargaining representative. Any voluntary settlement outcome and agreement may not be in conflict with the collective bargaining agreement.''. SEC. 4. AMENDMENTS TO THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967. The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.) is amended-- (1) in section 7(e) by inserting after the 2d sentence the following: ``The Commission shall provide counseling services regarding, and endeavor to responsibly address and resolve, claims of unlawful discrimination using certified contract mediators.'', and (2) in section 8 by adding at the end the following: ``Every employer, employment agency, and labor organization shall provide to each employee and each member, individually, a copy of the materials required by this section to be so posted.''. SEC. 5. AMENDMENT TO AMERICANS WITH DISABILITIES ACT OF 1990. Section 107(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12117(a)) is amended by adding at the end the following: ``The Commission shall provide counseling services regarding, and endeavor to responsibly address and resolve, claims of unlawful discrimination using certified contract mediators.''. SEC. 6. MEDIATION. (a) Definitions.--For purposes of this section: (1) The term ``employer'' means any Federal agency (including Federal courts) or business enterprise receiving Federal funds of $200,000 or greater or having 20 or more employees. (2) The term ``mediator'' means any neutral, third-party, including an attorney and a nonattorney, who is trained in the mediation process and has a demonstrable working knowledge in relevant EEO and employment law, including a third party who is-- (A) appointed or approved by a competent court, the Equal Employment Opportunity Commission, a certified mediation center, or a university, or (B) jointly chosen by the disputants. (3) The term ``trained mediation professional'' means a person who-- (A) has participated in employment mediation training of 40 or more hours, or (B) has co-mediated with or been supervised by another trained certified mediation professional for at least three employment or contract dispute cases of no fewer than 15 hours. (4) The term ``certified mediation center'' includes any private or public entity that is qualified to facilitate the employment or contract mediation process and provide training on employment and contract dispute resolution, including, but not limited to, the American Arbitration Association, the American Bar Association, the Center for Employment Dispute Resolution, CPR Conflict Institute, JAMS/Endispute, United States Arbitration and Mediation, Inc., Institute on Conflict Resolution at Cornell University, and the Society of Professionals in Dispute Resolution. (b) Requirements.--(1) All employers shall-- (A) establish an internal dispute resolution program or system that provides, as a voluntary option, employee-disputant access to external third-party certified mediators, (B) participate in mediation if the employee has exhausted the internal dispute resolution program or system and has formally requested mediation without the filing of a charge or lawsuit, and (C) participate in mediation if the claimant has filed a charge or lawsuit and the claimant formally requests mediation. (2) While the mediation settlement outcome would be voluntary, the employer shall participate in mediation where the employee-disputant has expressed a desire to mediate. (3) Under all circumstances, the employee-disputant is entitled to legal representation. (4) Employers shall inform employee-disputants of the mediation alternative and their respective rights thereof, and the employee- disputant would have 30 days in which to decide whether to participate in mediation. (5) When an employee-disputant voluntarily agrees to participate in the mediation process, any applicable statute of limitations shall be tolled, and the private tolling agreement shall be enforceable in any court of competent jurisdiction. (6) The employee and employer disputants shall not have more than 90 days within which to resolve the dispute. (7) Should mediation prove unsuccessful, the employer shall again inform the employee-disputant of their rights, in writing including the right to pursue the matter under any applicable State, county, local ordinance, or Federal statutes. (8) Consistent with section 705 of the Civil Rights Act of 1964, the Equal Employment Opportunity Commission, and any State or local authority involved in proceedings described in section 706, shall offer technical assistance to any unrepresented or self-represented party, provided that a formal complaint has been filed with the Commission or such authority. Such assistance shall include, but not be limited to-- (A) pre-mediation counseling, (B) assistance in understanding the status of relevant case law, (C) assistance in what would be the appropriate remedy if the instant claim were to be found to have merit, and (D) assistance in drafting any post-mediation settlement agreement or resolution. (9) Submission of a claim for mediation shall not preclude either the claimant or respondent from seeking other appropriate relief on that claim, except that neither party shall seek other relief until the mediation process has concluded. (10) Any settlement as a result of the mediation process shall be strictly voluntary and remain confidential except for research and evaluation purposes. (11) In every case, the privacy, privilege, and confidentiality of all parties to the dispute shall be preserved, including complaint intake personnel and mediation consultations. (c) Attorney's Obligation To Advise Clients of Mediation.--For the purposes of this Act and all of the other related statutes, attorneys and consultants are legally obliged to advise their clients of the existence of the mediation alternative and their obligations under the Act to participate in mediation in ``good faith''. (d) Judicial Enforcement.--Either party to a mediation agreement to bring an action of enforcement in a Federal district court of competent jurisdiction, however any matter discussed or material presented during mediation shall not be used in any subsequent local, State, or Federal administrative or court proceeding. The confidential provisions of any internal conflict management program or system or agreement to mediations shall be immune from attack by any third party.

Mandates that any Federal agency or court (or business enterprise receiving $20,000 or more in Federal funds, or having 20 or more employees): (1) establish an internal dispute resolution mechanism that provides, as a voluntary option, employee-disputant access to external third-party certified mediators; and (2) participate in mediation in specified circumstances. Prescribes mediation guidelines. States that attorneys and consultants are legally obligated to advise their clients of the mediation alternative and their obligations to participate in "good faith".

National Employment Dispute Resolution Act of 2000 (NEDRA)

SECTION 1. SHORT TITLE. This Act may be cited as the ``Paskenta Band Restoration Act''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) The term ``Tribe'' means the Paskenta Band of Nomlaki Indians of the Paskenta Rancheria of California. (2) The term ``Secretary'' means the Secretary of the Interior. (3) The term ``Interim Council'' means the governing body of the Tribe specified in section 7. (4) The term ``member'' means an individual who meets the membership criteria under section 6(b). (5) The term ``State'' means the State of California. (6) The term ``reservation'' means those lands acquired and held in trust by the Secretary for the benefit of the Tribe pursuant to section 5. (7) The term ``service area'' means the counties of Tehama and Glenn, in the State of California. SEC. 3. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES. (a) Federal Recognition.--Federal recognition is hereby extended to the Tribe. Except as otherwise provided in this Act, all laws and regulations of general application to Indians and nations, tribes, or bands of Indians that are not inconsistent with any specific provision of this Act shall be applicable to the Tribe and its members. (b) Restoration of Rights and Privileges.--Except as provided in subsection (d), all rights and privileges of the Tribe and its members under any Federal treaty, Executive order, agreement, or statute, or under any other authority which were diminished or lost under the Act of August 18, 1958 (Public Law 85-671; 72 Stat. 619), are hereby restored and the provisions of such Act shall be inapplicable to the Tribe and its members after the date of enactment of this Act. (c) Federal Services and Benefits.--Without regard to the existence of a reservation, the Tribe and its members shall be eligible, on and after the date of enactment of this Act, for all Federal services and benefits furnished to federally recognized Indian tribes or their members. In the case of Federal services available to members of federally recognized Indian tribes residing on a reservation, members of the Tribe residing in the Tribe's service area shall be deemed to be residing on a reservation. (d) Hunting, Fishing, Trapping, and Water Rights.--Nothing in this Act shall expand, reduce, or affect in any manner any hunting, fishing, trapping, gathering, or water right of the Tribe and its members. (e) Indian Reorganization Act Applicability.--The Act of June 18, 1934 (25 U.S.C. 461 et seq.), shall be applicable to the Tribe and its members. (f) Certain Rights Not Altered.--Except as specifically provided in this Act, nothing in this Act shall alter any property right or obligation, any contractual right or obligation, or any obligation for taxes levied. SEC. 4. ECONOMIC DEVELOPMENT. (a) Plan for Economic Development.--The Secretary shall-- (1) enter into negotiations with the governing body of the Tribe with respect to establishing a plan for economic development for the Tribe; (2) in accordance with this section and not later than two years after the adoption of a tribal constitution as provided in section 8, develop such a plan; and (3) upon the approval of such plan by the governing body of the Tribe, submit such plan to the Congress. (b) Restrictions.--Any proposed transfer of real property contained in the plan developed by the Secretary under subsection (a) shall be consistent with the requirements of section 5. SEC. 5. TRANSFER OF LAND TO BE HELD IN TRUST. (a) Lands To Be Taken in Trust.--The Secretary shall accept any real property located in Tehama County, California, for the benefit of the Tribe if conveyed or otherwise transferred to the Secretary if, at the time of such conveyance or transfer, there are no adverse legal claims to such property, including outstanding liens, mortgages, or taxes owned. The Secretary may accept any additional acreage in the Tribe's service area pursuant to the authority of the Secretary under the Act of June 18, 1934 (25 U.S.C. 461 et seq.). (b) Lands To Be Part of the Reservation.--Subject to the conditions imposed by this section, any real property conveyed or transferred under this section shall be taken in the name of the United States in trust for the Tribe and shall be part of the Tribe's reservation. -(-c-) -L-a-n-d-s -T-o -B-e -N-o-n-t-a-x-a-b-l-e-.----A-n-y -r-e-a-l -p-r-o-p-e-r-t-y -c-o-n-v-e-y-e-d -o-r -t-r-a-n-s-f-e-r-r-e-d -t-o -t-h-e -S-e-c-r-e-t-a-r-y -a-n-d -t-a-k-e-n -i-n-t-o -t-r-u-s-t -f-o-r -t-h-e -b-e-n-e-f-i-t -o-f -t-h-e -T-r-i-b-e -u-n-d-e-r -t-h-i-s -s-e-c-t-i-o-n -s-h-a-l-l -b-e -e-x-e-m-p-t -f-r-o-m -a-l-l -l-o-c-a-l-, -S-t-a-t-e-, -a-n-d -F-e-d-e-r-a-l -t-a-x-a-t-i-o-n -a-s -o-f -t-h-e -d-a-t-e -o-f -s-u-c-h -t-r-a-n-s-f-e-r-. SEC. 6. MEMBERSHIP ROLLS. (a) Compilation of Tribal Membership Roll.--Within one year after the date of the enactment of this Act, the Secretary shall, after consultation with the Tribe, compile a membership roll of the Tribe. (b) Criteria for Membership.--(1) Until a tribal constitution is adopted pursuant to section 8, an individual shall be placed on the membership roll if such individual is living, is not an enrolled member of another federally recognized Indian tribe, is of Nomlaki Indian ancestry, and if-- (A) such individual's name was listed on the Paskenta Indian Rancheria distribution roll compiled on February 26, 1959, by the Bureau of Indian Affairs and approved by the Secretary of the Interior on July 7, 1959, pursuant to Public Law 85-671; (B) such individual was not listed on the Paskenta Indian Rancheria distribution list, but met the requirements that had to be met to be listed on the Paskenta Indian Rancheria list; (C) such individual is identified as an Indian from Paskenta in any of the official or unofficial rolls of Indians prepared by the Bureau of Indian Affairs; or (D) such individual is a lineal descendant of an individual, living or dead, identified in subparagraph (A), (B), or (C). (2) After adoption of a tribal constitution pursuant to section 8, such tribal constitution shall govern membership in the Tribe. (c) Conclusive Proof of Paskenta Indian Ancestry.--For the purpose of subsection (b), the Secretary shall accept any available evidence establishing Paskenta Indian ancestry. The Secretary shall accept as conclusive evidence of Paskenta Indian ancestry, information contained in the census of the Indians in and near Paskenta, prepared by Special Indian Agent John J. Terrell, in any other roll or census of Paskenta Indians prepared by the Bureau of Indian Affairs, and in the Paskenta Indian Rancheria distribution list, compiled by the Bureau of Indian Affairs on February 26, 1959. SEC. 7. INTERIM GOVERNMENT. Until a new tribal constitution and bylaws are adopted and become effective under section 8, the Tribe's governing body shall be an Interim Council. The initial membership of the Interim Council shall consist of the members of the Tribal Council of the Tribe on the date of the enactment of this Act, and the Interim Council shall continue to operate in the manner prescribed for the Tribal Council under the tribal constitution adopted December 18, 1993. Any new members filling vacancies on the Interim Council shall meet the membership criteria set forth in section 6(b) and be elected in the same manner as are Tribal Council members under the tribal constitution adopted December 18, 1993. SEC. 8. TRIBAL CONSTITUTION. (a) Election; Time and Procedure.--Upon the completion of the tribal membership roll under section 6(a) and upon the written request of the Interim Council, the Secretary shall conduct, by secret ballot, an election for the purpose of adopting a constitution and bylaws for the Tribe. The election shall be held according to section 16 of the Act of June 18, 1934 (25 U.S.C. 476), except that absentee balloting shall be permitted regardless of voter residence. (b) Election of Tribal Officials; Procedures.--Not later than 120 days after the Tribe adopts a constitution and bylaws under subsection (a), the Secretary shall conduct an election by secret ballot for the purpose of electing tribal officials as provided in such tribal constitution. Such election shall be conducted according to the procedures specified in subsection (a) except to the extent that such procedures conflict with the tribal constitution. SEC. 9. GENERAL PROVISION. The Secretary may promulgate such regulations as may be necessary to carry out the provisions of this Act.

Paskenta Band Restoration Act - Extends Federal recognition and restores rights and privileges of the Paskenta Band of Nomlaki Indians of the Paskenta Rancheria of California.

Paskenta Band Restoration Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sound Science Saves Species Act of 2002''. SEC. 2. AMENDMENT OF ENDANGERED SPECIES ACT OF 1973. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 3. IMPROVING THE SCIENCE USED IN IMPLEMENTING ENDANGERED SPECIES ACT OF 1973. (a) Contents of Petitions.--Section 4(b)(3) (16 U.S.C. 1533(b)(3)) is amended by adding at the end the following: ``(E) A petition referred to in subparagraph (A) shall contain each of the following: ``(i) Clear and convincing evidence of each of the following: ``(I) The known and historic ranges of the species. ``(II) The most recent population estimates and trends. ``(III) The reason that the petitioned action is warranted, including known or perceived threats to the species. ``(IV) The population of the species is declining or has declined from historic population levels and beyond normal population fluctuations for the species. ``(V) Any other information that the petitioner considers appropriate. ``(ii) A bibliography of scientific literature on the species in support of the petition. ``(iii) A description of all available data on the historical and current range, population, and distribution of the species, an explanation of the methodology used to collect the data, and an identification of the location where the data can be reviewed.''. (b) Notice of Petitions.--Section 4(b)(3) (16 U.S.C. 1533(b)(3)) is amended by striking ``(3)(A)'' and inserting the following: ``(3)(A)(i) Within 30 days after receiving a petition from an interested person under section 553(e) of title 5, United States Code, to add a species to, or to remove a species from, either list published under subsection (c), the Secretary shall-- ``(I) publish in the Federal Register a notice indicating receipt of such petition and inviting interested persons to submit any relevant scientific information regarding the status of the species concerned; ``(II) promptly publish the petition on the Internet website of the United States Fish and Wildlife Service; ``(III) provide notice of such receipt to each private owner of land or water on or in which the species may exist by publication of such notice in an appropriate newspaper of general circulation, except that such notice shall be provided directly to each such owner if the number of such owners is 100 or less; and ``(IV) notify the Governor of each State that could be affected by the petition. ``(ii)''. (c) Independent Review of Petitions and Findings Regarding Petitions.--Section 4(b) (16 U.S.C. 1533(b)) is amended by adding at the end the following: ``(9)(A)(i) After the Secretary makes a finding under paragraph (3)(A) the Secretary shall appoint and convene an independent review board to conduct an independent scientific review of the data included in the petition. ``(ii) Within 60 days after the date the Secretary convenes the independent review board, the board shall provide to the Secretary its findings regarding the following: ``(I) The sufficiency of all relevant scientific information and assumptions in the petition relating to the taxonomy, population models, and supportive biological and ecological information regarding the species that is the subject of the petition. ``(II) Whether the methodology and analysis supporting the petition meet the standards of the academic and scientific community. ``(III) Whether the petition is supported by clear and convincing evidence/provides clear and convincing evidence that the petitioned action may be warranted? see section 4(b)(3)(B) of ESA. ``(IV) Whether the review board concurs in the finding of the Secretary under paragraph (3)(A). ``(B)(i) If, within 30 days after the Secretary publishes a finding under paragraph (3)(B)(ii) or (iii), any person submits to the Secretary in writing a request for an independent scientific review of the data upon which such finding is based, the Secretary shall appoint and convene an independent review board to conduct such review. ``(ii) Within 90 days after the date the Secretary convenes the independent review board, the board shall provide to the Secretary its findings regarding the following: ``(I) The sufficiency of all relevant scientific information and assumptions that are the basis for the finding relating to the taxonomy, population models, and supportive biological and ecological information regarding the species that is the subject of the finding. ``(II) Whether the methodology and analysis supporting the finding meet the standards of the academic and scientific community. ``(III) Whether the finding is supported by clear and convincing evidence. ``(IV) Whether the review board concurs in the finding of the Secretary under paragraph (3)(B)(ii) or (iii), as applicable. ``(C) The Secretary shall-- ``(i) publish in the Federal Register each finding by an independent review board under subparagraph (A) or (B); ``(ii) post each such finding on the Internet website of the United States Fish and Wildlife Service; and ``(iii) otherwise make each such finding available to the public. ``(D) If an independent review board finds under subparagraph (A) or (B) that it does not concur in the finding of the Secretary, the Secretary shall-- ``(i) revoke the finding of the Secretary; or ``(ii) publish in the Federal Register an explanation of why the finding of the review board is incorrect, with clear and convincing evidence supporting such explanation. ``(E) The Secretary shall-- ``(i) maintain a list of individuals who are available to participate on independent review boards under this paragraph; ``(ii) seek nominations of individuals to participate on such boards (upon appointment by the Secretary), through the Federal Register, scientific and commercial journals, and the National Academy of Sciences and other such institutions; and ``(iii) update such list every two years. ``(F)(i) An independent review board under subparagraph (A) shall be composed of 3 members, of which-- ``(I) 2 shall be appointed by the Secretary from the list under subparagraph (E); and ``(II) 1 shall be appointed by the Secretary from among qualified individuals nominated by the Governor of a State in which the species concerned is located. ``(ii) An independent review board under subparagraph (B) shall be composed of 5 members, of which-- ``(I) 3 shall be appointed by the Secretary from the list under subparagraph (E); and ``(II) 2 shall be appointed by the Secretary from among qualified individuals nominated by the Governor of a State in which the species concerned is located. ``(iii) If any individual declines appointment to an independent review board under this paragraph, the Secretary shall appoint another individual in the same manner. ``(iv) The selection of the members, and activities, of independent review boards under this paragraph is not subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(v) The identities of the members of independent review boards under this paragraph shall not be made public. ``(vi) The Secretary shall provide compensation to an individual for service as a member of an independent review board under this paragraph, at a rate equal to not to exceed the daily equivalent of the maximum annual rate of basic pay for grade GS-12 of the General Schedule for each day (including travel time) during which the individual is engaged in the actual performance of duties as a member of such board. ``(vii) In this subparagraph, the term `qualified individual' means an individual with expertise in the biological sciences-- ``(I) who is by virtue of advanced education, training, or avocational, academic, commercial, research, or other experience competent to review the adequacy of any scientific methodology supporting a finding by the Secretary and the validity of any conclusions drawn from data used to support the finding; ``(II) who is not a participant in any petition or proposed or final determination before the Secretary; ``(III) who is not, and has not been, employed by or under contract to the Secretary or the State in which is located the species that is the subject of an independent scientific review in which the individual participates, for work related to the finding or species under consideration in such review; and ``(V) who has no direct financial interest, and is not employed by any person with a direct financial interest, in the finding under consideration in such review. ``(G) The Secretary shall publish, with any final regulation implementing an action with respect to which an independent scientific review board is required under this paragraph to be convened, a summary of the report of the independent review board, noting points of disagreement between the reviewers, if any, and the response of the Secretary to the report. ``(H) The report of each independent scientific review board required under this paragraph shall be included in the official record of any regulation with respect to which the board is convened and shall be available for public review 30 days before the close of the period for comment on the regulation.''. (d) Independent Review of Jeopardy Opinions.--Section 7(b) (16 U.S.C. 1536(b)) is amended by adding at the end the following: ``(5)(A)(i) Within 30 days after the date on which the Secretary issues a statement under paragraph (3) that a proposed action is likely to jeopardize the continued existence of a species included in a list under section 4(c), any person may submit to the Secretary a written request for an independent scientific review of the scientific information used in making such statement and any reasonable and prudent measures the Secretary proposes in the statement. ``(ii) Promptly after receiving such a request, the Secretary shall appoint and convene an independent review board to conduct such an independent scientific review. ``(B) Within 90 days after the date the Secretary convenes the independent review board, the board shall provide to the Secretary its findings regarding the following: ``(I) The sufficiency of all relevant scientific information and assumptions in such statement relating to the taxonomy, population models, and supportive biological and ecological information regarding the species that is the subject of the statement. ``(II) Whether the methodology and analysis supporting the statement meet the standards of the academic and scientific community. ``(III) Whether the statement is supported by clear and convincing evidence. ``(IV) Whether the review board concurs in the statement. ``(C) The Secretary shall-- ``(i) publish in the Federal Register each finding by an independent review board under subparagraph (A) or (B); ``(ii) post each such finding on the Internet website of the United States Fish and Wildlife Service; and ``(iii) otherwise make each such finding available to the public. ``(D) If an independent review board finds under subparagraph (B) that it does not concur in the statement of the Secretary, the Secretary shall-- ``(i) revoke the statement; or ``(ii) publish in the Federal Register an explanation of why the finding of the review board is incorrect, with clear and convincing evidence supporting such explanation. ``(E) The Secretary shall-- ``(i) maintain a list of individuals who are available to participate on independent review boards under this paragraph; ``(ii) seek nominations of individuals to participate on such boards (upon appointment by the Secretary), through the Federal Register, scientific and commercial journals, and the National Academy of Sciences and other such institutions; and ``(iii) update such list every two years. ``(F)(i) An independent review board under subparagraph (A) shall be composed of 5 members, of which-- ``(I) 3 shall be appointed by the Secretary from the list under subparagraph (E); and ``(II) 2 shall be appointed by the Secretary from among qualified individuals nominated by the Governor of a State in which the species concerned is located. ``(ii) If any individual declines appointment to an independent review board under this paragraph, the Secretary shall appoint another individual in the same manner. ``(iii) The selection of the members, and activities, of independent review boards under this paragraph is not subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(iv) The identities of the members of independent review boards under this paragraph shall not be made public. ``(v) The Secretary shall provide compensation to an individual for service as a member of an independent review board under this paragraph, at a rate equal to not to exceed the daily equivalent of the maximum annual rate of basic pay for grade GS-12 of the General Schedule level for each day (including travel time) during which the individual is engaged in the actual performance of duties as a member of such board. ``(vi) In this subparagraph, the term `qualified individual' means an individual with expertise in the biological sciences-- ``(I) who is by virtue of advanced education, training, or avocational, academic, commercial, research, or other experience competent to review the adequacy of any scientific methodology supporting a statement by the Secretary and the validity of any conclusions drawn from data used to support the statement; ``(II) who is not a participant in any petition or proposed or final determination before the Secretary; ``(III) who is not, and has not been, employed by or under contract to the Secretary or the State in which is located the species that is the subject of an independent scientific review in which the individual participates, for work related to a statement or species under consideration in such review; and ``(V) who has no direct financial interest, and is not employed by any person with a direct financial interest, in any statement under consideration in such review.''. ``(G) The Secretary shall publish, with any final regulation implementing an action with respect to which an independent scientific review board is required under this paragraph to be convened, a summary of the report of the independent review board, noting points of disagreement between the reviewers, if any, and the response of the Secretary to the report. ``(H) The report of each independent scientific review board required under this paragraph shall be included in the official record of any regulation with respect to which the board is convened and shall be available for public review 30 days before the close of the period for comment on the regulation.''. (e) Limitation on Re-Petition.--Secretary 4(b)(3) (16 U.S.C. 1533(b)(3)) is further amended by adding at the end the following: ``(G) If the Secretary determines pursuant to a petition that addition of a species to either of the lists under subsection (c) is not warranted, another petition regarding that species may not be considered by the Secretary for one year.''.

Sound Science Saves Species Act of 2002 - Amends the Endangered Species Act of 1973 to require a petition to add or remove a species from either the endangered or threatened species list to contain: (1) evidence of the species' known and historic ranges, the most recent population estimates and trends, and the reason that the petitioned action is warranted, including known or perceived threats; (2) a bibliography of scientific literature on the species; and (3) a description of all available data on the species' historical and current range, population, and distribution, an explanation of the methodology used to collect such data, and an identification of the location where it can be reviewed.Requires the Secretary to make specified notifications after receiving such a petition.Sets forth requirements for the independent scientific review of petitions and findings regarding petitions and jeopardy opinions.Limits re-petitions for adding to such lists.

To amend the Endangered Species Act of 1973 to require the Secretary of the Interior to use the best sound science available in implementing the Endangered Species Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unshackling Students to Lead, Excel, Act, Develop, and Serve Act of 2012'' or the ``U.S. LEADS Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Outstanding student loan debt will reach one trillion dollars this year. (2) In 2008, two-thirds of students graduating with a bachelor's degree had outstanding student loan debt. (3) In 2010, the average debt owed by college graduates paying off student loans was $24,000. (4) Of all students who graduated with a 4-year degree in 2009, only 55.6 percent are working in jobs that require a college degree. (5) Of all students who graduated with a 4-year degree in 2009, 22.4 percent are not working. (6) The median student loan debt for students who graduated from college between 2006 and 2010 is $20,000. (7) Average in-State tuition and fees at public 4-year institutions of higher education have risen 8.3 percent between the 2010-2011 and 2011-2012 academic years. SEC. 3. INTEREST-FREE DEFERMENT DURING PERIODS WHEN THE NATIONAL UNEMPLOYMENT RATE EXCEEDS 7 PERCENT. (a) FFEL Subsidized Loan Deferment.--Section 428(b)(1)(M) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amended-- (1) by striking ``or'' at the end of clause (iii); (2) by adding ``or'' at the end of clause (iv); and (3) by adding at the end the following new clause: ``(v) in a case of a borrower who is between the ages of 21 and 25, inclusive, and a recent college student, as defined in section 455(f)(5), with respect to loans made under this section to such borrower for a period of enrollment during which the borrower was pursuing a degree described in subparagraph (A) of such section 455(f)(5)-- ``(I) beginning as soon as practicable after the last day of the second consecutive month for which the Bureau of Labor Statistics of the Department of Labor (in this paragraph referred to as the `Bureau') publishes a national unemployment rate that exceeds 7 percent, and ending as soon as practicable after the Bureau publishes a national unemployment rate that is 7 percent or lower, except that such period shall not exceed 5 years; or ``(II) beginning as soon as practicable after the last day of the second consecutive month for which the Bureau publishes a national unemployment rate for individuals ages 21 through 25 years old that exceeds 9 percent, and ending as soon as practicable after the Bureau publishes a national unemployment rate for such individuals that is 9 percent or lower, except that such period shall not exceed 5 years.''. (b) Treatment of Consolidation Loans.--Section 428C(b)(4)(C)(ii) of the Higher Education Act of 1965 (20 U.S.C. 1078-3(b)(4)(C)(ii)) is amended-- (1) by striking ``or'' at the end of subclause (II); (2) by redesignating subclause (III) as subclause (IV); (3) by inserting after subclause (II) the following: ``(III) in the case of a borrower who is between the ages of 21 and 25, inclusive, and a recent college student, as defined in section 455(f)(5), by the Secretary, in the case of a consolidation loan made to the borrower for a period of enrollment during which the borrower was pursuing a degree described in subparagraph (A) of such section 455(f)(5) and for which the application is received on or after the date of enactment of the U.S. Leads Act, except that in the case of a deferral under clause (ii) of section 428(b)(1)(M), the Secretary shall pay such interest only for a period not in excess of 3 years for which a borrower would be eligible for such a deferral and, in the case of a deferral under clause (v) of such section, for a period not in excess of 5 years for which the borrower would be eligible for such a deferral; or''; and (4) in subclause (IV) (as so redesignated by this subsection), by striking ``(I) or (II)'' and inserting ``(I), (II), or (III)''. (c) FFEL Unsubsidized Loan Deferment.-- (1) In general.--Section 428H(e)(2) of the Higher Education Act of 1965 (20 U.S.C. 1078-8(e)(2)) is amended-- (A) in subparagraph (A), by inserting ``Except as provided in subparagraph (C)'' before ``Interest on''; and (B) by adding at the end the following new subparagraph: ``(C) In the case of a borrower who is between the ages of 21 and 25, inclusive, and a recent college student, as defined in section 455(f)(5), interest on loans made under this section to the borrower for a period of enrollment during which the borrower was pursuing a degree described in subparagraph (A) of such section 455(f)(5) and for which payments are deferred-- ``(i) under clause (i), (iii), or (iv) of section 428(b)(1)(M), for a period of deferment granted to such borrower on or after the date of enactment of the U.S. Leads Act, shall accrue and be paid by the Secretary during any period during which the loans are so deferred; ``(ii) under clause (ii) of section 428(b)(1)(M), for a period of deferment granted to such borrower on or after the date of enactment of the U.S. Leads Act, shall accrue and be paid by the Secretary during any period during which the loans are so deferred, not in excess of 3 years; and ``(iii) under clause (v) of section 428(b)(1)(M), for a period of deferment granted to such borrower on or after the date of enactment of the U.S. Leads Act, shall accrue and be paid by the Secretary during any period during which the loans are so deferred, not in excess of 5 years.''. (2) Conforming amendment.--Section 428(b)(1)(Y)(iii) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(Y)(iii)) is amended by inserting ``(other than a deferment under such subparagraph granted to a borrower described in section 428H(e)(2)(C) on or after the date of enactment of the U.S. Leads Act)'' after ``of this paragraph''. (d) Direct Loan Deferment.--Section 455(f) of the Higher Education Act of 1965 (20 U.S.C. 1087(f)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)-- (i) by striking ``or'' at the end of clause (i); and (ii) by adding at the end the following: ``(iii) Federal Direct Unsubsidized Stafford Loan or Federal Direct Consolidation Loan made to a borrower for a period of enrollment during which the borrower was pursuing a degree described in paragraph (5)(A) and the borrower is between the ages of 21 and 25, inclusive, and a recent college student, as defined in paragraph (5); or''; and (B) in subparagraph (B)-- (i) by inserting ``not described in subparagraph (A)(iii)'' after ``Unsubsidized Stafford Loan''; and (ii) by striking ``subparagraph (A)(ii)'' and inserting ``clause (ii) or (iii) of subparagraph (A)''; (2) in paragraph (2)-- (A) by striking ``or'' at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ``; or''; and (C) by adding at the end the following new subparagraph: ``(E) in a case of a borrower who is between the ages of 21 and 25, inclusive, and a recent college student, as defined in paragraph (5), with respect to loans made under this part to such borrower for a period of enrollment during which the borrower was pursuing a degree described in subparagraph (A) of such paragraph (5)-- ``(i) beginning as soon as practicable after the last day of the second consecutive month for which the Bureau of Labor Statistics of the Department of Labor (in this paragraph referred to as the `Bureau') publishes a national unemployment rate that exceeds 7 percent, and ending as soon as practicable after the Bureau publishes a national unemployment rate that is 7 percent or lower, except that such period shall not exceed 5 years; or ``(ii) beginning as soon as practicable after the last day of the second consecutive month for which the Bureau publishes a national unemployment rate for individuals ages 21 through 25 years old that exceeds 9 percent, and ending as soon as practicable after the Bureau publishes a national unemployment rate for such individuals that is 9 percent or lower, except that such period shall not exceed 5 years.''; and (3) by adding at the end the following new paragraph: ``(5) Definition of recent college student.--For the purpose of this subsection, the term `recent college student' means a borrower who-- ``(A) who has received a baccalaureate degree from an institution of higher education within 48 months prior to the date of enactment of the U.S. Leads Act; and ``(B) who has not previously received any such baccalaureate degree.''.

Unshackling Students to Lead, Excel, Act, Develop, and Serve Act of 2012 or U.S. LEADS Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to allow recent college graduates to defer payment on their student loans under the Federal Family Education Loan (FFEL) and Direct Loan (DL) programs without accruing interest when the national unemployment rate exceeds 7% or the unemployment rate for 21-25 year olds exceeds 9%. Limits that deferral period to a maximum of five years. Makes the deferral available only to graduates aged 21-25 who received their first baccalaureate degree within the four years preceding this Act's enactment.

To provide interest-free deferment on unsubsidized student loans made to recent college students during periods when the national unemployment rate is above 7 percent and other periods of deferment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Forest Resources Conservation and Shortage Relief Amendments Act of 1993''. SEC. 2. RESTRICTION ON EXPORTS OF UNPROCESSED TIMBER FROM STATE AND OTHER PUBLIC LANDS. Section 491 of the Forest Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620c) is amended-- (1) in subsection (a)-- (A) by striking ``(e)'' and inserting ``(g)''; and (B) by striking ``in the amounts specified'' and inserting ``as provided''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) by inserting ``, notwithstanding any other provision of law,'' after ``prohibit''; and (ii) by striking ``not later than 21 days after the date of the enactment of this Act'' and inserting ``, effective June 1, 1993''; (B) in paragraph (2)-- (i) by striking subparagraph (A) and inserting the following new subparagraph: ``(A) The Secretary of Commerce shall issue an order referred to in subsection (a) to prohibit, notwithstanding any other provision of law, the export of unprocessed timber originating from public lands, effective during the period beginning on June 1, 1993, and ending on December 31, 1995.''; (ii) by striking subparagraphs (B) and (C); and (iii) in subparagraph (D)-- (I) by redesignating such subparagraph as subparagraph (B); and (II) by striking ``total annual sales volume'' and inserting ``annual sales volume in that State of unprocessed timber originating from public lands''; (C) in paragraph (3)-- (i) by redesignating such paragraph as paragraph (4); and (ii) by striking ``States pursuant to this title'' and inserting ``the Secretary of Commerce pursuant to this title and the effectiveness of State programs authorized under subsection (d)''; and (D) by inserting after paragraph (2) the following new paragraph: ``(3) Prohibition on substitution.-- ``(A) Prohibition.--Subject to subparagraph (B), each order of the Secretary of Commerce under paragraph (1) or (2) shall also prohibit, notwithstanding any other provision of law, any person from purchasing, directly or indirectly, unprocessed timber originating from public lands in a State if-- ``(i) such unprocessed timber would be used in substitution for exported unprocessed timber originating from private lands in that State; or ``(ii) such person has, during the preceding 24-month period, exported unprocessed timber originating from private lands in that State. ``(B) Exemption.--The prohibitions referred to in subparagraph (A) shall not apply in a State on or after the date on which-- ``(i) the Governor of that State provides the Secretary of Commerce with notification of a prior program under subparagraph (C) of subsection (d)(2), ``(ii) the Secretary of Commerce approves a program of that State under subparagraph (A) of subsection (d)(2), or ``(iii) regulations of the Secretary of Commerce issued under subsection (c) to carry out this section take effect, whichever occurs first.''; (3) by redesignating subsections (e) through (j) as subsections (g) through (l), respectively; and (4) by striking subsections (c) and (d) and inserting the following: ``(c) Federal Program.-- ``(1) Administration by the secretary of commerce.-- ``(A) In general.--Subject to subparagraph (B), the Secretary of Commerce shall, as soon as possible after the date of the enactment of the Forest Resources Conservation and Shortage Relief Amendments Act of 1993-- ``(i) determine the species, grades, and geographic origin of unprocessed timber to be prohibited from export in each State that is subject to an order issued under subsection (a); ``(ii) administer the prohibitions consistent with this title; ``(iii) ensure that the species, grades, and geographic origin of unprocessed timber prohibited from export within each State is representative of the species, grades, and geographic origin of timber comprising the total timber sales program of the State; and ``(iv) issue such regulations as are necessary to carry out this section. ``(B) Exemption.--The actions and regulations of the Secretary under subparagraph (A) shall not apply with respect to a State that is administering and enforcing a program under subsection (d). ``(2) Cooperation with other agencies.--The Secretary of Commerce is authorized to enter into agreements with Federal and State agencies with appropriate jurisdiction to assist the Secretary in carrying out this title. ``(d) Authorized State Programs.-- ``(1) Authorization of new state programs.--Notwithstanding subsection (c), the Governor of any State may submit a program to the Secretary of Commerce for approval that-- ``(A) implements, with respect to unprocessed timber originating from public lands in that State, the prohibition on exports set forth in the Secretary's order under subsection (a); and ``(B) ensures that the species, grades, and geographic origin of unprocessed timber prohibited from export within the State is representative of the species, grades, and geographic origin of timber comprising the total timber sales program of the State. ``(2) Approval of state programs.-- ``(A) Program approval.--Not later than 30 days after the submission of a program under paragraph (1), the Secretary of Commerce shall approve the program unless the Secretary finds that the program will result in the export of unprocessed timber from public lands in violation of this title and publishes that finding in the Federal Register. ``(B) State program in lieu of federal program.--If the Secretary of Commerce approves a program submitted under paragraph (1), the Governor of the State for which the program was submitted, or such other official of that State as the Governor may designate, may administer and enforce the program, which shall apply in that State in lieu of the regulations issued under subsection (c). ``(C) Prior state programs.--Not later than 30 days after the date of the enactment of the Forest Resources Conservation and Shortage Relief Amendments Act of 1993, the Governor of any State that had, before May 4, 1993, issued regulations under this subsection as in effect before May 4, 1993, may provide the Secretary of Commerce with written notification that the State has a program that was in effect on May 3, 1993, and that meets the requirements of paragraph (1). Upon such notification, that State may administer and enforce that program in that State until the end of the 9-month period beginning on the date on which the Secretary of Commerce issues regulations under subsection (c), and that program shall, during the period in which it is so administered and enforced, apply in that State in lieu of the regulations issued under subsection (c). Such Governor may submit, with such notification, the program for approval by the Secretary under paragraph (1). ``(e) Prior Contracts.--Nothing in this section shall apply to-- ``(1) any contract for the purchase of unprocessed timber originating from public lands that was entered into before-- ``(A) September 10, 1990, with respect to States with annual sales volumes of 400,000,000 board feet or less; or ``(B) January 1, 1991, with respect to States with annual sales volumes greater than 400,000,000 board feet; or ``(2) any contract under which exports of unprocessed timber were permitted pursuant to an order of the Secretary of Commerce in effect under this section before October 23, 1992. ``(f) Western Red Cedar.--Nothing in this section shall be construed to supersede section 7(i) of the Export Administration Act of 1979 (50 U.S.C. App. 2406(i)).''. SEC. 3. MONITORING AND ENFORCEMENT. (a) Monitoring.--Section 492(a) of the Forest Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620d(a)) is amended-- (1) in paragraph (1), by striking ``and'' at the end of the paragraph; (2) in paragraph (2), by striking the period at the end of the paragraph and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(3) each person who acquires, either directly or indirectly, unprocessed timber originating from public lands in a State that is subject to an order issued by the Secretary of Commerce under section 491(a), other than a State that is administering and enforcing a program under section 491(d), shall report the receipt and disposition of the timber to the Secretary of Commerce, in such form as the Secretary may by rule prescribe, except that nothing in this paragraph shall be construed to hold any person responsible for reporting the disposition of any timber held by subsequent persons; and ``(4) each person who transfers to another person unprocessed timber originating from public lands in a State that is subject to an order issued by the Secretary of Commerce under section 491(a), other than a State that is administering and enforcing a program under section 491(d), shall, before completing the transfer-- ``(A) provide to such other person a written notice, in such form as the Secretary of Commerce may prescribe, that shall identify the public lands from which the timber originated; and ``(B) receive from such other person-- ``(i) a written acknowledgment of the notice, and ``(ii) a written agreement that the recipient of the timber will comply with the requirements of this title, in such form as the Secretary of Commerce may prescribe; and ``(C) provide to the Secretary of Commerce copies of all notices, acknowledgments, and agreements referred to in subparagraphs (A) and (B).''. (b) Civil Penalties.--Section 492(c) of the Forest Resources Conservation and Shortage Relief Act of 1990 is amended-- (1) in paragraph (1)-- (A) by inserting ``(A)'' before ``If the Secretary''; and (B) by adding at the end the following: ``(B)(i) Subject to clause (ii), if the Secretary of Commerce finds, on the record and after an opportunity for a hearing, that a person, with willful disregard for the restrictions contained in an order of the Secretary under section 491(a) on exports of unprocessed timber from public lands, exported or caused to be exported unprocessed timber originating from public lands in violation of such order, the Secretary may assess against such person a civil penalty of not more than $500,000 for each violation, or 3 times the gross value of the unprocessed timber involved in the violation, whichever amount is greater. ``(ii) Clause (i) shall not apply with respect to exports of unprocessed timber originating from public lands in a State that is administering and enforcing a program under section 491(d).''; and (2) in paragraph (2)-- (A) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively; (B) by inserting ``(A)'' before ``If the Secretary''; and (C) by adding at the end the following: ``(B)(i) Subject to clause (ii), if the Secretary of Commerce finds, on the record and after an opportunity for a hearing, that a person has violated, on or after June 1, 1993, any provision of this title or any regulation issued under this title relating to the export of unprocessed timber originating from public lands (whether or not the violation caused the export of unprocessed timber from public lands in violation of this title), the Secretary may assess against such person a civil penalty to the same extent as the Secretary concerned may impose a penalty under clause (i), (ii), or (iii) of subparagraph (A). ``(ii) Clause (i) shall not apply with respect to unprocessed timber originating from public lands in a State that is administering and enforcing a program under section 491(d).''. SEC. 4. SEVERABILITY. If any provision of this Act or the amendments made by this Act, or the application thereof to any person or circumstance is held invalid, the remainder of this Act and such amendments and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected by such invalidation. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Forest Resources Conservation and Shortage Relief Amendments Act of 1993 - Amends the Forest Resources Conservation and Shortage Relief Act of 1990 to direct the Secretary of Commerce to: (1) prohibit through 1995 the export of unprocessed timber from State and other public lands, or the purchase of such timber as a substitute for exported private land timber; and (2) administer such prohibitions. Authorizes a State, upon approval of the Secretary, to implement a program in lieu of the Federal one. Establishes civil penalties for violations of this Act.

Forest Resources Conservation and Shortage Relief Amendments Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Americans Giving care to Elders (AGE) Act of 2007''. SEC. 2. CREDIT FOR ELDERCARE EXPENSES. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. EXPENSES FOR ELDERCARE. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual for which there are 1 or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the eldercare expenses (as defined in subsection (b)(2)) paid by such individual during the taxable year. ``(2) Applicable percentage defined.--For purposes of paragraph (1), the term `applicable percentage' means 20 percent reduced (but not below zero) by 1 percentage point for each $4,000 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds $120,000. ``(b) Definitions of Qualifying Individual and Eldercare Expenses.--For purposes of this section-- ``(1) Qualifying individual.--The term `qualifying individual' means the father or mother of the taxpayer or an ancestor of such father or mother, who requires assistance with activities of daily living. ``(2) Eldercare expenses.-- ``(A) In general.--The term `eldercare expenses' means amounts paid for expenses for the care of a qualifying individual. ``(B) Care centers.--Eldercare expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer's household by a care center (as defined in subparagraph (C)) shall be taken into account only if such center complies with all applicable laws and regulations of a State or unit of local government. ``(C) Care center defined.--For purposes of this paragraph, the term `care center' means any facility which-- ``(i) provides care for more than six individuals, and ``(ii) receives a fee, payment, or grant for providing services for any of the individuals (regardless of whether such facility is operated for profit). ``(c) Dollar Limit on Amount Creditable.-- ``(1) In general.--The amount of the eldercare expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed $6,000. ``(2) Coordination with dependent care assistance exclusion.--The dollar amount in paragraph (1) shall be reduced by the aggregate amount excluded from gross income under section 129 for the taxable year. ``(d) Special Rules.--For purposes of this section-- ``(1) Payments to related individuals.--No credit shall be allowed under subsection (a) for any amount paid to an individual-- ``(A) with respect to whom, for the taxable year, a deduction under section 151(c) (relating to deduction for personal exemptions for dependents) is allowable either to the taxpayer or his spouse, or ``(B) who is a child of the taxpayer (within the meaning of section 152(f)(1)) who has not attained the age of 19 at the close of the taxable year. For purposes of this paragraph, the term `taxable year' means the taxable year of the taxpayer in which the service is performed. ``(2) Identifying information required with respect to service provider.--No credit shall be allowed under subsection (a) for any amount paid to any person unless-- ``(A) the name, address, and taxpayer identification number of such person are included on the return claiming the credit, or ``(B) if such person is an organization described in section 501(c)(3) and exempt from tax under section 501(a), the name and address of such person are included on the return claiming the credit. In the case of a failure to provide the information required under the preceding sentence, the preceding sentence shall not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information so required. ``(3) Identifying information required with respect to qualifying individuals.--No credit shall be allowed under subsection (a) with respect to any qualifying individual unless the taxpayer identification number of such individual is included on the return claiming the credit. ``(4) Married couples must file joint return.--Rules similar to the rules of paragraphs (2) and (3) of section 21(e) shall apply. ``(e) Denial of Double Benefit.--No credit shall be allowed under subsection (a) for any amount with respect to which a credit is allowed under section 21. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. (b) Clerical 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 25D the following new item: ``Sec. 25E. Expenses for eldercare.''. (c) Conforming Amendments.-- (1) Section 213(e) of the Internal Revenue Code of 1986 (relating to exclusion of amounts allowed for care of certain dependents) is amended-- (A) by inserting ``or section 25E'' after ``section 21'', and (B) by inserting ``and Elders'' after ``Certain Dependents'' in the heading. (2) Section 6213(g)(2) of such Code (relating to mathematical or clerical error) is amended-- (A) by inserting ``, section 25E (relating to expenses for care of elders),'' after ``(relating to expenses for household and dependent care services necessary for gainful employment)'' in subparagraph (H), and (B) by inserting ``25E,'' after ``24,'' in subparagraph (L). (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. EXTENSION AND INCREASE IN FUNDING FOR THE NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM. Section 303(e)(2) of the Older Americans Act of 1965 (42 U.S.C. 3023(e)(2)), as amended by the Older Americans Act Amendments of 2006, is further amended by striking ``$166,500,000 for fiscal year 2008'' and all that follows through ``for fiscal year 2011'' and inserting ``$250,000,000 for each of fiscal years 2008, 2009, 2010, and 2011.''. SEC. 4. NATIONAL RESOURCE CENTER ON FAMILY CAREGIVING. (a) In General.--Part A of title IV of the Older Americans Act of 1965 (42 U.S.C. 3032 et seq.) is amended by adding at the end the following: ``SEC. 423. NATIONAL RESOURCE CENTER ON FAMILY CAREGIVING. ``(a) Definitions.--In this section: ``(1) Public or private nonprofit entity.--The term `public or private nonprofit entity' means-- ``(A) a State, a political subdivision of a State, or an agency or instrumentality of such a State or political subdivision; or ``(B) a nonprofit entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. ``(2) State.--The term `State' means 1 of the 50 States. ``(b) Establishment.--The Secretary of Health and Human Services shall award a grant to or enter into a cooperative agreement with a public or private nonprofit entity to establish a National Resource Center on Family Caregiving (referred to in this section as the `Center'). ``(c) Purposes of National Resource Center.--The Center shall-- ``(1) identify, develop, and disseminate information on best practices for and evidence-based models of family caregiver support programs; ``(2) provide timely information on policy and program updates relating to family caregivers; ``(3) partner with related organizations to disseminate practical strategies and tools to support families in their caregiving roles; ``(4) convene educational programs and web-based seminars on family caregiver issues and program development; and ``(5) provide a comprehensive Internet website with a national searchable database on family caregiver programs and resources in the States. ``(d) Authorization.--There is authorized to be appropriated to carry out this section $12,000,000 for the period of fiscal years 2008 through 2011.''. (b) Technical Amendments.-- (1) Section 431(a) of such Act (42 U.S.C. 3033(a)) is amended by striking ``or contract'' the first place it appears and inserting ``or contract (including a cooperative agreement)''. (2) Section 432(a) of such Act (42 U.S.C. 3033a(a)) is amended by striking ``and contracts'' and inserting ``and contracts (including cooperative agreements)''.

Americans Giving care to Elders (AGE) Act of 2007 - Amends the Internal Revenue Code to allow caregivers a tax credit for up to $6,000 of the eldercare expenses incurred for their parents (or ancestors of such parents). Amends the Older Americans Act of 1965 to: (1) increase funding for the National Family Caregiver Support Program through FY2011; and (2) establish a National Resource Center on Family Caregiving to provide information on and support for family caregiver support programs.

A bill to amend the Internal Revenue Code of 1986 to provide an income tax credit for eldercare expenses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Building Efforts for Wellness and Encouraging Longer Lives Act'' or the ``BE WELL Act''. SEC. 2. PROGRAMS OF HEALTH PROMOTION AND DISEASE PREVENTION. (a) Internal Revenue Code of 1986.--Section 9802 of the Internal Revenue Code of 1986 is amended-- (1) by redesignating the second subsection (f) as subsection (g); and (2) by adding at the end the following: ``(h) Programs of Health Promotion and Disease Prevention.-- ``(1) Applicability.--The following shall apply with respect to a program of health promotion or disease prevention for purposes of subsection (b)(2)(B). Such programs shall be referred to as `wellness programs'. ``(2) Definition and general rule.-- ``(A) Definition.--For purposes of this subsection, a wellness program is any program designed to promote health or prevent disease, including a program designed to encourage individuals to adopt healthy behaviors. ``(B) General rule.--For purposes of subsections (a)(2) and (b)(2) (which provide exceptions to the general prohibitions against discrimination based on a health factor for group health plan provisions that vary benefits (including cost-sharing mechanisms) or the premium or contribution for similarly situated individuals in connection with a wellness program that satisfies the requirements of this subsection), if none of the conditions for obtaining a reward under a wellness program are based on an individual satisfying a standard that is related to a health factor, under this subsection, such wellness program does not violate this section if participation in the program is made available to all similarly situated individuals. If any of the conditions for obtaining a reward under such a wellness program is based on an individual satisfying a standard that is related to a health factor, the wellness program shall not violate this section if the requirements of paragraph (4) of this section are satisfied. ``(3) Wellness programs not subject to requirements.--If none of the conditions for obtaining a reward under a wellness program are based on an individual satisfying a standard that is related to a health factor (or if a wellness program does not provide a reward), the wellness program shall not violate this section, if participation in the program is made available to all similarly situated individuals. Such programs need not satisfy the requirements of paragraph (4), if participation in the program is made available to all similarly situated individuals. Wellness programs described in this paragraph include the following: ``(A) A program that reimburses all or part of the cost for memberships in a fitness center. ``(B) A diagnostic testing program that provides a reward for participation and does not base any part of the reward on outcomes. ``(C) A program that encourages preventive care through the waiver of the copayment or deductible requirement under a group health plan for the costs of, for example, prenatal care or well-baby visits. ``(D) A program that reimburses employees for the costs of smoking cessation programs without regard to whether the employee quits smoking. ``(E) A program that provides a reward to employees for attending a monthly health education seminar. ``(4) Wellness programs subject to requirements.--If any of the conditions for obtaining a reward under a wellness program is based on an individual satisfying a standard that is related to a health factor, the wellness program shall not violate this section if the requirements of this paragraph are satisfied. ``(A) The reward for the wellness program, coupled with the reward for other wellness programs with respect to the plan that require satisfaction of a standard related to a health factor, shall not exceed 30 percent of the cost of employee-only coverage under the plan. However, if, in addition to employees, any class of dependents (such as spouses or spouses and dependent children) may participate in the wellness program, the reward shall not exceed 30 percent of the cost of the coverage in which an employee and any dependents are enrolled. For purposes of this paragraph, the cost of coverage shall be determined based on the total amount of employer and employee contributions for the benefit package under which the employee is (or the employee and any dependents are) receiving coverage. A reward may be in the form of a discount or rebate of a premium or contribution, a waiver of all or part of a cost-sharing mechanism (such as deductibles, copayments, or coinsurance), the absence of a surcharge, or the value of a benefit that would otherwise not be provided under the plan. The Secretaries of Labor, Health and Human Services, and the Treasury may increase the reward available under this subparagraph to up to 50 percent of the cost of coverage under the plan if such Secretaries determine that such an increase is appropriate. ``(B) The wellness program shall be reasonably designed to promote health or prevent disease. A program satisfies this subparagraph if it has a reasonable chance of improving the health of or preventing disease in participating individuals and it is not overly burdensome, is not a subterfuge for discriminating based on a health factor, and is not highly suspect in the method chosen to promote health or prevent disease. At least once per year, each plan or issuer offering a wellness program shall evaluate the reasonableness of such program. ``(C) The program shall give individuals eligible for the program the opportunity to qualify for the reward under the program at least once per year. ``(D)(i) The reward under the program shall be available to all similarly situated individuals. ``(ii) For purposes of clause (i), a reward is not available to all similarly situated individuals for a period unless the program allows-- ``(I) a reasonable alternative standard (or waiver of the otherwise applicable standard) for obtaining the reward for any individual for whom, for that period, it is unreasonably difficult due to a medical condition to satisfy the otherwise applicable standard; and ``(II) a reasonable alternative standard (or waiver of the otherwise applicable standard) for obtaining the reward for any individual for whom, for that period, it is medically inadvisable to attempt to satisfy the otherwise applicable standard. ``(iii) A plan or issuer may seek verification, such as a statement from an individual's physician, that a health factor makes it unreasonably difficult or medically inadvisable for the individual to satisfy or attempt to satisfy the otherwise applicable standard. ``(E)(i) The plan or issuer shall disclose in all plan materials describing the terms of the program the availability of a reasonable alternative standard (or the possibility of waiver of the otherwise applicable standard) required under subparagraph (D). If plan materials merely mention that a program is available, without describing its terms, such disclosure is not required. ``(ii) The following language, or similar language, may be used to satisfy the requirement of this subparagraph: `If it is unreasonably difficult due to a medical condition for you to achieve the standards for the reward under this program, or if it is medically inadvisable for you to attempt to achieve the standards for the reward under this program, call us at [insert telephone number] and we will work with you to develop another way to qualify for the reward.'. ``(5) Regulations.--The Secretaries of Labor, Health and Human Services, and the Treasury may promulgate regulations, as appropriate, to carry out this subsection. ``(6) Effective date.--This subsection shall take effect on the date of enactment of the BE WELL Act. ``(7) Existing wellness programs.--During the period of time between the date of enactment of the BE WELL Act and the date on which the Secretaries of Labor, Health and Human Services, and the Treasury establish regulations to effectuate this subsection, a wellness program that was established prior to the date of enactment of the BE WELL Act may continue to operate in accordance with the requirements in effect on the day before such date of enactment.''. (b) PHSA Group Market.--Section 2702(b) of the Public Health Service Act (42 U.S.C. 300gg-1(b)) is amended by adding at the end the following: ``(4) Programs of health promotion and disease prevention.--The provisions of section 9802(h) of the Internal Revenue Code of 1986 shall apply to programs of health promotion and disease prevention offered through a group health plan or a health insurance issuer offering group health insurance coverage.''. (c) ERISA.--Section 702(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1182(b)) is amended by adding at the end the following: ``(4) Programs of health promotion and disease prevention.--The provisions of section 9802(h) of the Internal Revenue Code of 1986 shall apply to programs of health promotion and disease prevention offered through a group health plan or a health insurance issuer offering group health insurance coverage.''. (d) Application of Wellness Programs Provisions to Carriers Providing Federal Employee Health Benefits Plans.-- (1) In general.--Notwithstanding section 8906 of title 5, United States Code (including subsections (b)(1) and (b)(2) of such section), subsections (a), (b), and (c) of this section, including the amendments made by those subsections (relating to wellness programs), shall apply to carriers entering into contracts under section 8902 of title 5, United States Code. (2) Proposals.--Carriers may submit separate proposals relating to voluntary wellness program offerings as part of the annual call for benefit and rate proposals to the Office of Personnel Management. (3) Effective date.--This subsection shall take effect on the date of enactment of this Act and shall apply to contracts entered into under section 8902 of title 5, United States Code, that take effect with respect to calendar years that begin more than 1 year after that date. (e) State Demonstration Project.--Subpart 1 of part B of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-41 et seq.) is amended by adding at the end the following: ``SEC. 2746. WELLNESS PROGRAM DEMONSTRATION PROJECT. ``(a) In General.--Not later than July 1, 2014, the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury, shall establish a 10-State demonstration project under which participating States shall apply the provisions of 9802(h) of the Internal Revenue Code of 1986 to programs of health promotion offered by a health insurance issuer that offers health insurance coverage in the individual market in such State. ``(b) Expansion of Demonstration Project.--If the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury, determines that the demonstration project described in subsection (a) is effective, such Secretaries may, beginning on July 1, 2017, expand such demonstration project to include additional participating States. ``(c) Requirements.--States that participate in the demonstration project under this section shall-- ``(1) ensure that requirements of consumer protection are met in programs of health promotion in the individual market; ``(2) require verification from health insurance issuers that offer health insurance coverage in the individual market of such State that premium discounts-- ``(A) do not create undue burdens for individuals insured in the individual market; ``(B) do not lead to cost shifting; and ``(C) are not a subterfuge for discrimination; and ``(3) ensure that consumer data is protected in accordance with the requirements of section 264(c) of the Health Insurance Portability and Accountability Act of 1996. ``(d) Existing Programs of Health Promotion or Disease Prevention.--Nothing in this section shall preempt any State law related to programs of health promotion offered by a health insurance issuer that offers health insurance coverage in the individual market in such State that was established or adopted by State law on or after the date of enactment of the BE WELL Act. ``(e) Regulations.--The Secretaries of Health and Human Services and the Treasury may promulgate regulations, as appropriate, to carry out this section.''. (f) Report.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and the Secretary of Labor, shall submit a report to the appropriate committees of Congress concerning-- (A) the effectiveness of wellness programs (as defined in section 9802(h)(2) of the Internal Revenue Code of 1986, as added by subsection (a)) in promoting health and preventing disease; (B) the impact of such wellness programs on the access to care and affordability of coverage for participants and non-participants of such programs; (C) the impact of premium-based and cost-sharing incentives on participant behavior and the role of such programs in changing behavior; and (D) the effectiveness of different types of rewards. (2) Data collection.--In preparing the report described in paragraph (1), the Secretaries shall gather relevant information from employers who provide employees with access to wellness programs, including State and Federal agencies.

Building Efforts for Wellness and Encouraging Longer Lives Act or the BE WELL Act - Amends the Internal Revenue Code to establish standards for programs of health promotion and disease prevention (wellness programs), including a system of rewards and reimbursements for voluntarily adopting healthy behaviors, including participation in fitness and smoking cessation programs. Applies such standards to group plans under the Public Health Service Act and federal employee health benefit plans. Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to establish a 10-state demonstration project to apply wellness program standards to state health insurance plans.

A bill to codify and enhance existing regulations designed to encourage individuals to adopt healthy behaviors through voluntary participation in programs of health promotion and disease prevention.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Fraud Prevention and Paperwork Reduction Act of 2000''. SEC. 2. FEDERAL COMMISSION ON BILLING CODES AND FORMS SIMPLIFICATION. (a) Establishment.--There is hereby established the Commission on Billing Codes and Forms Simplification (in this section referred to as the ``Commission''). (b) Duties.--The Commission shall make recommendations regarding the following: (1) Standardized forms.--Standardizing credentialing and billing forms respecting health care claims, that all Federal Government agencies would use and that the private sector is able (and is encouraged, but not required) to use. (2) Reduction in billing codes.--A significant reduction and simplification in the number of billing codes. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of such members as the Comptroller General of the United States shall appoint. (2) Qualifications.--The membership of the Commission shall include individuals who are members of the medical community. (d) Incorporation of MedPAC Provisions.--The provisions of paragraphs (3) through (6) of subsection (c) and subsections (d) through (f) of section 1805 of the Social Security Act (42 U.S.C. 1395b-6) shall apply to the Commission in the same manner as they apply to the Medicare Payment Advisory Commission. (e) Reports.--The Commission shall submit to Congress and the President such periodic reports on its recommendations as it deems appropriate. SEC. 3. EDUCATION OF PHYSICIANS AND PROVIDERS CONCERNING MEDICARE PROGRAM PAYMENTS. (a) Written Requests.-- (1) In general.--The Secretary of Health and Human Services shall establish a process under which a physician may request, in writing from a carrier, assistance in addressing questionable codes and procedures under the medicare program under title XVIII of the Social Security Act and then the carrier shall respond in writing within 30 business days respond with the correct billing or procedural answer. (2) Use of written statement.-- (A) In general.--Subject to subparagraph (B), a written statement under paragraph (1) may be used as proof against a future audit or overpayment under the medicare program. (B) Limit on application.--Subparagraph (A) shall not apply retroactively and shall not apply to cases of fraudulent billing. (b) Restoration of Toll-Free Hotline.-- (1) In general.--The Administrator of the Health Care Financing Administration shall restore the toll-free telephone hotline so that physicians may call for information and questions about the medicare program. (2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out paragraph (1). (c) Definitions.--For purposes of this section: (1) Physician.--The term ``physician'' has the meaning given such term in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)). (2) Carrier.--The term ``carrier'' means a carrier (as defined in section 1842(f) of the Social Security Act (42 U.S.C. 1395u(f))) with a contract under title XVIII of such Act to administer benefits under part B of such title. SEC. 4. POLICY DEVELOPMENT REGARDING E&M GUIDELINES UNDER THE MEDICARE PROGRAM. (a) In General.--HCFA may not implement any new evaluation and management guidelines (in this section referred to as ``E&M guidelines'') under the medicare program, unless HCFA-- (1) has provided for an assessment of the proposed guidelines by physicians; (2) has established a plan that contains specific goals, including a schedule, for improving participation of physicians; (3) has carried out a minimum of 4 pilot projects consistent with subsection (b) in at least 4 different HCFA regions (to be specified by the Secretary) to test such guidelines; and (4) finds that the objectives described in subsection (c) will be met in the implementation of such guidelines. (b) Pilot Projects.-- (1) Length and consultation.--Each pilot project under this subsection shall-- (A) be of sufficient length to allow for preparatory physician and carrier education, analysis, and use and assessment of potential E&M guidelines; and (B) be conducted, throughout the planning and operational stages of the project, in consultation with national and State medical societies. (2) Peer review and rural pilot projects.--Of the pilot projects conducted under this subsection-- (A) at least one shall focus on a peer review method by physicians which evaluates medical record information for statistical outlier services relative to definitions and guidelines published in the CPT book, instead of an approach using the review of randomly selected medical records using non-clinical personnel; and (B) at least one shall be conducted for services furnished in a rural area. (3) Study of impact.--Each pilot project shall examine the effect of the E&M guidelines on-- (A) different types of physician practices, such as large and small groups; and (B) the costs of compliance, and patient and physician satisfaction. (4) Report on how met objectives.--HCFA shall submit a report to the Committees on Commerce and Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the Practicing Physicians Advisory Council, six months after the conclusion of the pilot projects. Such report shall include the extent to which the pilot projects met the objectives specified in subsection (c). (c) Objectives for E&M Guidelines.--The objectives for E&M guidelines specified in this subsection are as follows (relative to the E&M guidelines and review policies in effect as of the date of the enactment of this Act): (1) Enhancing clinically relevant documentation needed to accurately code and assess coding levels accurately. (2) Reducing administrative burdens. (3) Decreasing the level of non-clinically pertinent and burdensome documentation time and content in the record. (4) Increased accuracy by carrier reviewers. (5) Education of both physicians and reviewers. (6) Appropriate use of E&M codes by physicians and their staffs. (7) The extent to which the tested E&M documentation guidelines substantially adhere to the CPT coding rules. (d) Definitions.--For purposes of this section and sections 5 and 6: (1) Physician.--The term ``physician'' has the meaning given such term in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)). (2) Carrier.--The term ``carrier'' means a carrier (as defined in section 1842(f) of the Social Security Act (42 U.S.C. 1395u(f))) with a contract under title XVIII of such Act to administer benefits under part B of such title. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) HCFA.--The term ``HCFA'' means the Health Care Financing Administration. (5) Medicare program.--The term ``medicare program'' means the program under title XVIII of the Social Security Act. SEC. 5. OVERPAYMENTS UNDER THE MEDICARE PROGRAM. (a) Individualized Notice.--If a carrier proceeds with a post- payment audit of a physician under the medicare program, the carrier shall provide the physician with an individualized notice of billing problems, such as a personal visit or carrier-to-physician telephone conversation during normal working hours, within 3 months of initiating such audit. The notice should include suggestions to the physician on how the billing problem may be remedied. (b) Repayment of Overpayments Without Penalty.--The Secretary shall permit physicians to repay medicare overpayments within 3 months without penalty or interest and without threat of denial of other claims based upon extrapolation. If a physician should discover an overpayment before a carrier notifies the physician of the error, the physician may reimburse the medicare program without penalty and the Secretary may not audit or target the physician on the basis of such repayment, unless other evidence of fraudulent billing exists. (c) Treatment of First-Time Billing Errors.--If a physician's medicare billing error was a first-time error and the physician has not previously been the subject of a post-payment audit, the carrier may not assess a fine through extrapolation of such an error to other claims, unless the physician has submitted a fraudulent claim. (d) Timely Notice of Problem Claims Before Using Extrapolation.--A carrier may seek reimbursement or penalties against a physician based on extrapolation of a medicare claim only if the carrier has informed the physician of potential problems with the claim within one year after the date the claim was submitted for reimbursement. (e) Submission of Additional Information.--A physician may submit additional information and documentation to dispute a carrier's charges of overpayment without waiving the physician's right to a hearing by an administrative law judge. (f) Limitation on Delay in Payment.--Following a post-payment audit, a carrier that is conducting a pre-payment screen on a physician service under the medicare program may not delay reimbursements for more than one month and as soon as the physician submits a corrected claim, the carrier shall eliminate application of such a pre-payment screen. SEC. 6. ENFORCEMENT PROVISIONS UNDER THE MEDICARE PROGRAM. If a physician is suspected of fraud or wrongdoing in the medicare program, inspectors associated with the Office of Inspector General of the Department of Health and Human Services-- (1) may not enter the physician's private office with a gun or deadly weapon to make an arrest; and (2) may not make such an arrest without a valid warrant of arrest, unless the physician is fleeing or deemed dangerous.

Directs the Secretary of Health and Human Services to establish a process under which a physician may request, in writing from a carrier, assistance in addressing questionable codes and procedures under the medicare program. Sets forth provisions concerning: (1) policy development regarding evaluation and management guidelines; and (2) medicare overpayments.

Health Care Fraud Prevention and Paperwork Reduction Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfields Reauthorization Act of 2016''. SEC. 2. INCREASED FUNDING LIMIT FOR DIRECT REMEDIATION. Section 104(k)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(3)(A)), is amended-- (1) by redesignating subparagraphs (B) through (D) as paragraphs (C) through (E), respectively; and (2) by inserting after subparagraph (A) the following: ``(B) Exception.--If, in any fiscal year, the amount appropriated under this subsection exceeds $200,000,000, a grant provided under subparagraph (A)(ii) shall not exceed $300,000 for each site to be remediated.''. SEC. 3. MULTIPURPOSE BROWNFIELDS GRANTS. Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended-- (1) by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively; (2) in paragraph (3)(A), by striking ``Subject to paragraphs (4) and (5)'' and inserting ``Subject to paragraphs (5) and (6)''; and (3) by inserting after paragraph (3) the following: ``(4) Multipurpose brownfields grants.-- ``(A) In general.--Subject to subparagraph (D) and paragraphs (5) and (6), the Administrator shall establish a program to provide multipurpose grants to an eligible entity based on the considerations under paragraph (3)(C), to carry out inventory, characterization, assessment, planning, or remediation activities at 1 or more brownfield sites in a proposed area. ``(B) Grant amounts.-- ``(i) Individual grant amounts.--Each grant awarded under this paragraph shall not exceed $950,000. ``(ii) Cumulative grant amounts.--The total amount of grants awarded for each fiscal year under this paragraph shall not exceed 15 percent of the funds made available for the fiscal year to carry out this subsection. ``(C) Criteria.--In awarding a grant under this paragraph, the Administrator shall consider the extent to which an eligible entity is able-- ``(i) to provide an overall plan for revitalization of the 1 or more brownfield sites in the proposed area in which the multipurpose grant will be used; ``(ii) to demonstrate a capacity to conduct the range of eligible activities that will be funded by the multipurpose grant; and ``(iii) to demonstrate that a multipurpose grant will meet the needs of the 1 or more brownfield sites in the proposed area. ``(D) Condition.--As a condition of receiving a grant under this paragraph, each eligible entity shall expend the full amount of the grant not later than the date that is 3 years after the date on which the grant is awarded to the eligible entity unless the Administrator, in the discretion of the Administrator, provides an extension.''. SEC. 4. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANIZATIONS. Section 104(k)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(1)) is amended-- (1) in subparagraph (G), by striking ``or'' after the semicolon; (2) in subparagraph (H), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(I) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; ``(J) a limited liability corporation in which all managing members are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph (I); ``(K) a limited partnership in which all general partners are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph (I); or ``(L) a qualified community development entity (as defined in section 45D(c)(1) of the Internal Revenue Code of 1986).''. SEC. 5. ALLOWING ADMINISTRATIVE COSTS FOR GRANT RECIPIENTS. Paragraph (5) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 3(1) of this Act) is amended-- (1) in subparagraph (B)-- (A) in clause (i)-- (i) by striking subclause (III); and (ii) by redesignating subclauses (IV) and (V) as subclauses (III) and (IV), respectively; (B) by striking clause (ii); (C) by redesignating clause (iii) as clause (ii); and (D) in clause (ii) (as redesignated by subparagraph (C)), by striking ``Notwithstanding clause (i)(IV)'' and inserting ``Notwithstanding clause (i)(III)''; and (2) by adding at the end the following: ``(E) Administrative costs.-- ``(i) In general.--An eligible entity may use up to 8 percent of the amounts made available under a grant or loan under this subsection for administrative costs. ``(ii) Restriction.--For purposes of clause (i), the term `administrative costs' does not include-- ``(I) investigation and identification of the extent of contamination; ``(II) design and performance of a response action; or ``(III) monitoring of a natural resource.''. SEC. 6. TREATMENT OF CERTAIN PUBLICLY OWNED BROWNFIELD SITES. Section 104(k)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(2)) is amended by adding at the end the following: ``(C) Exemption for certain publicly owned brownfield sites.--Notwithstanding any other provision of law, an eligible entity that is a governmental entity may receive a grant under this paragraph for property acquired by that governmental entity prior to January 11, 2002, even if the governmental entity does not qualify as a bona fide prospective purchaser (as that term is defined in section 101(40)), so long as the eligible entity has not caused or contributed to a release or threatened release of a hazardous substance at the property.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Amend section 104(k)(12) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(12)) to read as follows: ``(12) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $250,000,000 for each of the fiscal years 2016 through 2021.''. SEC. 8. STATE RESPONSE PROGRAM FUNDING. Section 128(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9628(a)(3)) is amended by striking ``2006'' and inserting ``2021''.

Brownfields Reauthorization Act of 2016 This bill amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)to revise and reauthorize brownfields revitalization and state response program funding through FY2021.(Brownfields are certain commercial properties that are hindered from reuse or redevelopment due to the presence of a hazardous substance, pollutant, or contaminant.) The Environmental Protection Agency must establish a program to provide multipurpose grants to carry out inventory, characterization, assessment, planning, or remediation activities at one or more brownfield sites in a proposed area. Certain nonprofit organizations and community development entities are made eligible for brownfields revitalization funding. Grant or loan recipients may use up to 8% of brownfields revitalization funding for administrative costs. Additionally, the bill revises the brownfield site characterization and assessment grant program to allow a governmental entity to receive a grant for property acquired prior to January 11, 2002, even if the entity does not qualify as a bona fide prospective purchaser under CERCLA.

Brownfields Reauthorization Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Laurie Beechman Ovarian Cancer Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue not more than 350,000 $1 coins, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of Laurie Beechman, her struggle against ovarian cancer, and her many accomplishments throughout her extraordinary life. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of ``1954-1998''; and (C) inscriptions of ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (3) Obverse of coin.--The obverse of each coin minted under this Act shall bear the likeness of Laurie Beechman. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act as soon as is practicable. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 1999. 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 subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of $9 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to Gilda's Club, Incorporated, for purposes relating to the battle against ovarian cancer. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of Gilda's Club, Incorporated, as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

Laurie Beechman Ovarian Cancer Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 dollar coins emblematic of Laurie Beechman, her struggle against ovarian cancer, and her many accomplishments throughout her life. Requires prompt payment of all surcharges from coin sales to Gilda's Club, Incorporated, for purposes relating to the battle against ovarian cancer.

Laurie Beechman Ovarian Cancer Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Biennial Commission on Energy Policy Act of 2013''. SEC. 2. AMENDMENT TO DEPARTMENT OF ENERGY ORGANIZATION ACT. (a) In General.--Title VIII of the Department of Energy Organization Act (42 U.S.C. 7321) is amended by striking sections 801 and 802 and inserting the following new sections: ``SEC. 801. BIENNIAL COMMISSION ON ENERGY POLICY. ``(a) Establishment.--There is established a commission to be known as the `Biennial Commission on Energy Policy' (in this title referred to as the `Commission'). ``(b) Membership.-- ``(1) Number and appointment.--The Commission shall be composed of 15 members appointed in the following manner-- ``(A) The President shall appoint 3 members. ``(B) The Speaker of the House of Representatives shall appoint 3 members. ``(C) The minority leader of the House of Representatives shall appoint 3 members. ``(D) The majority leader of the Senate shall appoint 3 members. ``(E) The minority leader of the Senate shall appoint 3 members. ``(2) Deadline for appointment.--Members of the Commission shall be appointed not later 30 days after the first day of the first session of the 114th Congress. ``(3) Terms.--Members shall be appointed for a term of 2 years. ``(4) Consultation.--The President and Members of Congress specified in paragraph (1) shall consult with each other before appointing members to the Commission to achieve, to the maximum extent practicable, a diversity of experience and expertise in the membership of the Commission. ``(5) Vacancies.--Any vacancy on the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. A member appointed to fill a vacancy occurring before the expiration of the term for which such member's predecessor was appointed shall be appointed for the remainder of that term. ``(6) Qualifications.--Each member appointed to the Commission shall have professional experience in 1 or more of the following areas: ``(A) Governmental service. ``(B) Energy production. ``(C) Renewable energy resource development. ``(D) Energy law. ``(E) Public administration. ``(F) Fossil fuel production. ``(G) Energy efficiency. ``(H) Environmental policy. ``(I) Labor. ``(J) Workplace safety. ``(K) Commerce and trade. ``(L) Corporate policies. ``(M) Infrastructure. ``(N) Foreign affairs. ``(7) Political affiliation.--Not more than 8 members of the Commission shall be affiliated with the same political party. ``(8) Restriction on government employees.--No individual may serve as a member of the Commission while employed as an officer or employee of the Federal Government or any State or local government. ``(9) Basic pay.--Each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. ``(10) Travel expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. ``(c) Structure of Commission.-- ``(1) Commencement.--The Commission shall meet and begin operations not later than 30 days after the date on which all members of the Commission have been appointed. ``(2) Chairperson; vice chairperson.--The chairperson and vice chairperson of the Commission shall be selected by the members. ``(3) Subcommittees.--Upon majority vote of the members, the Commission may create subcommittees composed of less than the full membership of the Commission to carry out specified duties of the Commission. ``(4) Quorum.--Six members of the Commission shall constitute a quorum. ``(5) Meetings.-- ``(A) In general.--After its initial meeting, the Commission shall meet upon the call of the chairperson or a majority of its members. ``(B) Stakeholder meetings.--The Commission shall conduct a quarterly meeting of stakeholders to assist the Commission in carrying out its duties. The first meeting shall be held not later than 90 days after the date on which all members of the Commission have been appointed. Subsequent meetings shall be held until the Commission submits its final report. ``(C) Attendance at stakeholder meetings.--Members shall be encouraged to attend stakeholder meetings held pursuant to subparagraph (B) either in person or via teleconference. ``SEC. 802. DUTIES AND POWERS OF THE COMMISSION. ``(a) Duties.-- ``(1) In general.--The Commission shall carry out the tasks described in paragraph (2) and make recommendations for legislative and administrative actions to create an integrated and comprehensive energy policy for the United States. ``(2) Tasks.--To carry out paragraph (1), the Commission shall-- ``(A) analyze the accessibility, affordability, reliability, resiliency, and sustainability of the energy sources in the United States, including coal, oil, natural gas, wind, solar, nuclear, hydropower, geothermal, and biofuels; ``(B) assess policy options to increase domestic energy supplies and energy efficiency; ``(C) evaluate energy storage, transmission, and distribution requirements that shall include intermittent energy sources; ``(D) analyze the prospective role of stakeholders, including academia, industry representatives, the public, Federal laboratories (as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703)), and Federal agencies in creating an integrated and comprehensive energy policy; ``(E) assess the effectiveness of and need for energy programs, including tax incentives, funding mechanisms, and energy subsidies; ``(F) make recommendations for changes to the organization of executive branch entities to facilitate the development and implementation of national energy objectives; ``(G) study relevant matters, as determined by the Commission, raised at the stakeholder meetings described in section 801(c)(5)(B); and ``(H) study other relevant matters as determined by the Commission. ``(3) Materials studied.--The Commission shall review materials on energy, including-- ``(A) enacted and proposed Federal and State laws, regulations, policies, and programs; ``(B) information developed by relevant governmental and nongovernmental agencies, including Federal laboratories; ``(C) scientific and technical literature and publications; and ``(D) studies conducted by other entities. ``(b) Reports.-- ``(1) Progress reports.--Not later than July 1 of the first and third year of each Presidential term, the Commission shall submit progress reports to Congress describing the activities of the Commission and a summary of the information gathered pursuant to subsection (a). ``(2) In general.--Not later than July 1 of the second and fourth year of each Presidential term, the Commission shall submit to Congress a report that shall include-- ``(A) the findings and conclusions of the Commission based on tasks carried out pursuant to subsection (a)(2); and ``(B) recommendations for legislative and administrative actions described in subsection (a)(1). ``(3) Publication.--Reports submitted pursuant to paragraph (2) shall be made publicly available via a website. ``(c) Powers.-- ``(1) Hearings and sessions.--The Commission may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. ``(2) Powers of subcommittees.--Any subcommittee created pursuant to section 801(c)(3) may, if authorized by the Commission, take any action which the Commission is authorized to take by this title. ``(3) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. ``(4) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as Federal departments and agencies. ``(5) Contract authority.--To the extent or in the amounts provided in advance in appropriation Acts, the Commission may contract with government and private agencies or persons for the purpose of carrying out this section, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). ``(6) 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 title. Upon request of the chairperson, vice chairperson, or a subcommittee of the Commission, the head of such department or agency shall furnish such information to the Commission. ``SEC. 803. PERSONNEL MATTERS. ``(a) Executive Director and Staff.--The chairperson of the Commission may, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, appoint and terminate an executive director and not more than five additional staff members. The employment of an executive director shall be subject to confirmation by the Commission. ``(b) Pay.--The chairperson of the Commission may fix the compensation of the executive director and staff without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates, except that an individual appointed under paragraph (1) may not receive pay in excess of the annual rate of basic pay for level V of the Executive Schedule. ``(c) Detail of Government Employees.--Upon request of the chairperson of the Commission, the head of any department or agency of the Federal Government may detail, on a nonreimbursable basis, any personnel of the department or agency to the Commission to assist the Commission in carrying out its duties. ``(d) Procurement of Temporary and Intermittent Services.--The chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5316 of such title. ``SEC. 804. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated $3,000,000 to the Secretary of Energy, without fiscal year limitation, to carry out this title.''. (b) Table of Contents Amendments.--The table of contents of such Act is amended by striking the items relating to sections 801 and 802 and inserting the following: ``801. Biennial Commission on Energy Policy. ``802. Duties and powers of the Commission. ``803. Personnel matters. ``804. Authorization of appropriations.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall take effect on the first day of the first session of the 114th Congress.

Biennial Commission on Energy Policy Act of 2013 - Amends the Department of Energy Organization Act to establish the Biennial Commission on Energy Policy. Directs the Commission to: (1) analyze the accessibility, affordability, reliability, resiliency, and sustainability of energy sources in the United States, including coal, oil, natural gas, wind, solar, nuclear, hydropower, geothermal, and biofuels; (2) assess policy options to increase domestic energy supplies and energy efficiency; (3) evaluate energy storage, transmission, and distribution requirements including intermittent energy sources; (4) analyze the prospective role of stakeholders in creating an integrated and comprehensive energy policy, including academia, industry representatives, the public, and federal laboratories and agencies; (5) assess the effectiveness of and need for energy programs, including tax incentives, funding mechanisms, and energy subsidies; and (6) make recommendations for changes to the organization of executive branch entities to facilitate the development and implementation of national energy objectives.

Biennial Commission on Energy Policy Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Spring Mountain Exchange Act of 1998''. SEC. 2. EXCHANGE OF LANDS AND MINERAL INTERESTS. (a) Conveyance by United States.-- (1) In general.--Subject to subsections (b), (c), and (d) and notwithstanding any other provision of law, not later than 90 days after the final determination of lands and interests subject to exchange under this section, the Secretary of the Interior shall convey to Rhodes Design and Development Corporation, subject to any valid existing rights and in exchange for lands and interests conveyed by the Corporation in accordance with subsection (b), all right, title, and interest of the United States in and to approximately 1,463 acres of Federal lands in the State of Nevada depicted on the map entitled ``Spring Mountain Land Exchange, Map 1 dated August ____, 1998''. The Secretary shall make that map available for public inspection in the offices of the Director of the Las Vegas District of the Bureau of Land Management. (2) Determination of lands and interests.--The Secretary shall determine the lands and interests that are subject to exchange under this section not later than 90 days after the date of the enactment of this Act. (b) Offer and Acceptance.--The Secretary shall make the conveyance to the Corporation under subsection (a) only if the Corporation conveys to the United States all right, title, and interest of the Corporation in and to approximately 490 acres of lands in the State of Nevada depicted on a map entitled ``Spring Mountain Land Exchange Map 2 dated August ____, 1998''. The Secretary shall make that map available for public inspection in the offices of the Director of the Las Vegas District of the Bureau of Land Management. (c) Equalization Payments.-- (1) In general.--If the fair market values of lands and interests exchanged under this section are not equal, the Secretary shall ensure that they are equalized by the payment of money to the Secretary or to the Corporation as appropriate in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). (2) Valuation.--The value of lands and interests shall be determined for purposes of this section-- (A) utilizing nationally recognized appraisal standards; (B) in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)); and (C) without regard to the presence of any species listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (d) Payments to State and Local Government.-- (1) In general.--The Secretary shall require, as a term of any conveyance under this section, that the Corporation shall make direct payments to the State of Nevada and the Southern Nevada Water Authority in accordance with paragraph (2). Such payments shall be considered to be a cost incurred by the Corporation and shall be compensated by the Secretary. (2) Amount of payment.-- (A) Payment to state.--The amount paid by the Corporation to the State of Nevada shall be equal to 5 percent of the fair market value of the Federal lands conveyed by the United States under this section (as determined under subsection (b)), and shall be used by the State only in the general education program of the State. (B) Payment to authority.--The amount paid by the Corporation to the Southern Nevada Water Authority shall be equal to 10 percent of the fair market value of the Federal lands conveyed by the United States under this section (as determined under subsection (b)), and shall be used by the Authority only for water treatment and transmission facility infrastructure in Clark County, Nevada. (e) Adjustments to Maps.--The Secretary may make such minor corrections in the maps referred to in this section as may be agreed upon by the Secretary and the Corporation, after the Secretary notifies the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives of any such minor corrections. (f) Administration of Lands.-- (1) Cancellation.--If, before the exchange has been carried out pursuant to subsections (a) and (b), the Corporation provides written notification to the Secretary that the Corporation no longer intends to complete the exchange, the status of the lands and interests otherwise subject to the exchange shall revert to the status of such lands and interests as of the day before the date of enactment of this Act, and the lands and interests shall be managed in accordance with applicable law and management plans. (2) Administration of lands acquired by the united states.--On acceptance of title by the United States, all land and interests acquired by the United States under this section that are located within the boundaries of a unit of the National Forest System, National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers System, National Trails System, National Wilderness Preservation System, or any other system established by an Act of Congress, or within the boundaries of any national conservation area or national recreation area established by an Act of Congress-- (A) shall become part of the unit or area without further administrative or legislative action; and (B) shall be managed in accordance with all laws, regulations, and land use plans applicable to the unit or area. (g) Definitions.--As used in this section: (1) Corporation.--The term ``Corporation'' means the Rhodes Design and Development Corporation (a corporation established under the laws of the State of Nevada). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

Spring Mountain Exchange Act of 1998 - Requires the Secretary of the Interior to convey to Rhodes Design and Development Corporation certain Federal lands in Clark County, Nevada, in exchange for: (1) certain Corporation lands in Nevada; and (2) specified payments by the Corporation to the State of Nevada for use in its general education program and to the Southern Nevada Water Authority for water treatment and transmission facility infrastructure. Provides that such payments shall be considered to be a cost incurred by the Corporation and shall be compensated by the Secretary.

Spring Mountain Exchange Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Emergency Responders Volunteer Efforts Act of 2009'' or the ``SERVE Act of 2009''. SEC. 2. REFUNDABLE CREDIT FOR BONA FIDE VOLUNTEER MEMBERS OF VOLUNTEER EMERGENCY RESPONSE ORGANIZATIONS. (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. BONA FIDE VOLUNTEER MEMBERS OF VOLUNTEER EMERGENCY RESPONSE ORGANIZATIONS. ``(a) In General.--In the case of an individual who at any time during the taxable year is a bona fide volunteer member of a qualified volunteer emergency response organization, there shall be allowed as a credit against the tax imposed by this subtitle the amount of $1,000. ``(b) Definitions.--For purposes of this section-- ``(1) Bona fide volunteer member of a qualified volunteer emergency response organization.-- ``(A) In general.--An individual shall be treated as a bona fide volunteer of a qualified volunteer emergency response organization for purposes of this section if-- ``(i) the only compensation received by such individual for performing qualified services is in the form of-- ``(I) reimbursement for (or a reasonable allowance for) reasonable expenses incurred in the performance of such services, or ``(II) reasonable benefits (including length of service awards), and nominal fees for such services, customarily paid by eligible employers in connection with the performance of such services by volunteers, and ``(ii) the aggregate amount of such compensation for the taxable year for providing qualified services does not exceed an amount equal to the annual limitation. ``(B) Annual limitation.--For purposes of subparagraph (A), the annual limitation is an amount equal to the product of-- ``(i) the minimum wage in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) on the first day of the calendar year beginning in the taxable year, multiplied by ``(ii) 2,080 hours. ``(C) Service limitation.--An individual shall be treated as a bona fide volunteer described in subparagraph (A) for a taxable year only if such individual has served as a volunteer performing qualified services for more than 6 months in such taxable year and provided more than 40 hours of such service. ``(D) Training and certification requirements.--An individual shall not be treated as a bona fide volunteer described in subparagraph (A) for any period for which the individual fails to meet all applicable training and certification requirements of the qualified volunteer emergency response organization for which such individual volunteers. ``(E) Coordination with exclusion.--Amounts excluded from gross income under section 139B shall not be taken into account for purposes of subparagraph (A). ``(2) Qualified services.--For purposes of this paragraph, the term `qualified services' means fire fighting and prevention services, emergency medical services, and ambulance services. ``(3) Qualified volunteer emergency response organization.--The term `qualified volunteer emergency response organization' has the meaning given such term by section 139B(c)(3).''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36B,'' after ``section 36A,''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36A the following new item: ``Sec. 36B. Bona fide volunteer members of volunteer emergency response organizations.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Supporting Emergency Responders Volunteer Efforts Act of 2009 or the SERVE Act of 2009 - Amends the Internal Revenue Code to allow a $1,000 refundable tax credit for individuals who are bona fide volunteer members of a qualified volunteer emergency response organization who provide firefighting and prevention services, emergency medical services, and ambulance services.

To amend the Internal Revenue Code of 1986 to allow a $1,000 refundable credit for individuals who are bona fide volunteer members of volunteer firefighting and emergency medical service organizations.

SECTION 1. FUEL ECONOMY TAX CREDIT. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25E the following new section: ``SEC. 25E. FUEL ECONOMY TAX CREDIT. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the product of-- ``(1) $100, multiplied by ``(2) each mile per gallon (or portion thereof) for which the mile per gallon highway rating of a qualified vehicle placed in service by the taxpayer during the taxable year exceeds the CAFE standard applicable to such vehicle. ``(b) Limitations.-- ``(1) Limitation based on fuel efficiency.--In the case of any vehicle for which the mile per gallon highway rating exceeds 50 miles per gallon, paragraph (2) shall be applied by treating the the mile per gallon highway rating of such vehicle as 50 miles per gallon. ``(2) Limitation based on adjusted gross income.--The amount of the credit allowed by subsection (a) (determined without regard to this subsection) shall be reduced (but not below zero) by 5 percent for each $1,000 (or fraction thereof) by which the taxpayer's adjusted gross income exceeds $150,000. ``(c) Definitions.--For purposes of this section-- ``(1) Highway rating of qualified vehicle.--The highway rating of a qualified vehicle shall be the rating determined by the Secretary of Transportation for such vehicle. ``(2) Qualified vehicle.--The term `qualified vehicle' means a motor vehicle which is a passenger automobile or a light truck-- ``(A) the original use of which commences with the taxpayer, ``(B) which is acquired for use or lease by the taxpayer and not for resale, and ``(C) which is made by a manufacturer. ``(3) CAFE standard.--The term `CAFE standard' means the average fuel economy level established under chapter 329 of title 49, United States Code. ``(4) Motor vehicle.--The term `motor vehicle' has the meaning given such term by section 30(c)(2). ``(5) Other terms.--The terms `passenger automobile', `light truck', and ``manufacturer'' have the meanings given such terms in regulations prescribed by the Administrator of the Environmental Protection Agency for purposes of the administration of title II of the Clean Air Act (42 U.S.C. 7521 et seq.). ``(d) Special Rules.-- ``(1) Reduction in basis.--For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed (determined without regard to subsection (g)). ``(2) No double benefit.--The amount of any deduction or other credit allowable under this chapter for the taxable year with respect to any vehicle shall be reduced by the amount of credit allowed under subsection (a) for such vehicle for the taxable year. ``(3) Property used outside united states, etc., not qualified.--No credit shall be allowable under subsection (a) with respect to any property referred to in section 50(b)(1) or with respect to the portion of the cost of any property taken into account under section 179. ``(4) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit (including recapture in the case of a lease period of less than the economic life of a vehicle). ``(5) Election to not take credit.--No credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects to not have this section apply to such vehicle.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Fuel economy tax credit.''. (c) Termination of Alternative Motor Vehicle Credit.--Subsection (j) of section 30B of the Internal Revenue Code of 1986 is amended to read as follows: ``(j) Termination.--This section shall not apply to any property purchased after the date of the enactment of this subsection.''. (d) Effective Date.--The amendments made by this section shall apply to vehicles placed in service after the date of the enactment of this Act in taxable years ending after such date.

Amends the Internal Revenue Code to allow an individual taxpayer who operates a passenger automobile or light truck a tax credit based upon the average fuel economy of such vehicle. Terminates the tax credit for alternative motor vehicles.

To amend the Internal Revenue Code of 1986 to provide a tax credit to consumers based on fuel economy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children First Act of 2010''. SEC. 2. EXCLUSION OF CHILD CARE FROM THE DEFINITION OF TANF ASSISTANCE. Section 408(a)(7) of the Social Security Act (42 U.S.C. 608(a)(7)) is amended by adding at the end the following: ``(H) Limitation on meaning of `assistance' for families receiving child care.--For purposes of subparagraph (A), any funds provided under this part that are used to provide child care for a family during a month under the State program funded under this part shall not be considered assistance under the program.''. SEC. 3. INCREASE IN FUNDING FOR CHILD CARE. Section 418(a)(3) of the Social Security Act (42 U.S.C. 618(a)(3)) is amended-- (1) by striking the period at the end of subparagraph (G) and inserting a semicolon; and (2) by adding at the end the following: ``(H) $3,717,000,000 for fiscal year 2011; ``(I) $3,773,000,000 for fiscal year 2012; ``(J) $3,841,000,000 for fiscal year 2013; ``(K) $3,917,000,000 for fiscal year 2014; and ``(L) $3,996,000,000 for fiscal year 2015.''. SEC. 4. APPLICABILITY OF STATE OR LOCAL HEALTH AND SAFETY STANDARDS TO OTHER TANF CHILD CARE SPENDING. Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended by adding at the end the following: ``(8) Certification of procedures to ensure that child care providers comply with applicable state or local health and safety standards.--A certification by the chief executive officer of the State that procedures are in effect to ensure that any child care provider in the State that provides services funded through expenditures under this part or with qualified State expenditures complies with all applicable State or local health and safety requirements as described in section 658E(c)(2)(F) of the Child Care and Development Block Grant Act of 1990.''. SEC. 5. AVAILABILITY OF CHILD CARE FOR PARENTS REQUIRED TO WORK. Section 407(e)(2) of the Social Security Act (42 U.S.C. 607(e)(2)) is amended-- (1) by inserting ``or other individual with custody'' after ``parent''; and (2) by striking ``6'' and inserting ``13''. SEC. 6. APPLICATION OF CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990 REPORTING RULES TO TANF FUNDS EXPENDED FOR CHILD CARE. (a) In General.--Section 411(a) of the Social Security Act (42 U.S.C. 611(a)) is amended-- (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6), the following: ``(7) Application of child care and development block grant act of 1990 reporting rules to funds expended for child care.-- Any funds provided under this part that are expended for child care, whether or not transferred to the Child Care and Development Block Grant Act of 1990, shall be subject to the individual and case data reporting requirements imposed under that Act and need not be included in the report required by paragraph (1) for a fiscal quarter.''. (b) Conforming Amendment.--Section 411(a)(1)(A)(ix) of such Act (42 U.S.C. 611(a)(1)(A)(ix)) is amended by striking ``supplemental nutrition assistance program benefits, or subsidized child care, and if the latter 2,'' and inserting ``or supplemental nutrition assistance program benefits, and if the latter,''. SEC. 7. EFFECTIVE DATE. (a) In General.--Subject to subsections (b) and (c), the amendments made by this Act shall take effect on October 1, 2010, and shall apply to payments under part A of title IV of the Social Security Act for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date. (b) Application of Reporting Rules.--The amendments made by section 6 shall take effect on October 1, 2011. (c) Delay Permitted if State Legislation Required.--In the case of a State plan under section 402(a) of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such section 402(a) solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st 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.

Children First Act of 2010 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) to: (1) exclude child care assistance from the determination of the five-year limit on TANF assistance; and (2) increase funding for child care. Requires an eligible state's TANF plan to include a certification by the state's chief executive officer that procedures are in effect to ensure that any child care provider in the state that provides services funded through TANF expenditures or with qualified state expenditures complies with all applicable state or local health and safety requirements under the Child Care and Development Block Grant Act of 1990. Increases from 5 to 12 the maximum age of a child for which a single custodial parent who is unable to find child care for such child will not penalized with a reduction or termination of TANF assistance based on that individual's refusal to engage in required work in order to take care of the child. Subjects to the individual and case data reporting requirements of the Child Care and Development Block Grant Act of 1990 any TANF funds expended for child care, whether or not transferred to that Act, and exempts such funds from SSA reporting requirements.

To amend part A of title IV of the Social Security Act to exclude child care from the determination of the 5-year limit on assistance under the temporary assistance to needy families program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Clean Development Technology Fund Act of 2008''. SEC. 2. PURPOSE. The purpose of this Act is to promote and to leverage private financing for the development and international deployment of technologies that will contribute to sustainable economic growth and the stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. SEC. 3. INTERNATIONAL CLEAN DEVELOPMENT TECHNOLOGY FUND. (a) Establishment.--There is established in the Treasury of the United States a fund to be known as the International Clean Development Technology Fund (in this Act referred to as the ``Fund''). (b) Deposits to Fund.--The Fund shall consist of-- (1) amounts appropriated pursuant to the authorization of appropriations under section 8; and (2) any amounts as are or may be appropriated, transferred, or credited to such Fund under any other provisions of law. (c) Expenditures From Fund.--Amounts in the Fund shall be available to the International Clean Development Technology Deployment Board established under section 4 for the purposes described under section 5, and shall remain available until expended. SEC. 4. INTERNATIONAL CLEAN DEVELOPMENT TECHNOLOGY BOARD. (a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the President shall establish an International Clean Development Technology Board (in this Act referred to as the ``Board''). (b) Composition.--The Board shall be composed of-- (1) the Secretary of State, who shall act as the chair of the Board; (2) the Secretary of the Treasury; (3) the Secretary of Energy; (4) the Secretary of Commerce; (5) the Administrator of the Environmental Protection Agency; (6) the Administrator of the United States Agency for International Development; (7) the United States Trade Representative; and (8) other officials as determined appropriate by the President. (c) Administration of International Clean Development Technology Fund.--The Board shall administer the International Clean Development Technology Fund ensuring that-- (1) funds are deployed in a manner that best promotes the participation of, and investments by, the private sector; (2) funds are allocated in a manner consistent with commitments by the United States under international climate change agreements; (3) funds achieve the greatest greenhouse gas emissions mitigations with the lowest possible cost, consistent with paragraphs (1) and (2); and (4) assistance is targeted at reducing or eliminating the increased costs associated with deploying clean technologies in place of traditional technologies. SEC. 5. AUTHORIZATION OF ASSISTANCE. (a) Assistance.--The Board, acting through the Secretary of State, may use the Fund to provide assistance under this section to qualified entities to support the purposes of this Act. (b) Form of Assistance.-- (1) In general.--Assistance under this section shall be provided-- (A) as direct assistance in the form of grants, concessional loans, cooperative agreements, contracts, insurance, or loan guarantees to or with qualified entities; (B) as indirect assistance to such entities through-- (i) funding for international clean technology funds supported by multilateral institutions; (ii) support from development and export promotion assistance programs of the United States Government; or (iii) support from international technology programs of the Department of Energy; or (C) in such other forms as the Board may determine appropriate. (2) Oversight by secretary of the treasury of assistance for multilateral trust funds.--In the case of assistance provided under paragraph (1)(B)(i) for a clean technology fund or similar fund that is a multilateral trust fund based at the World Bank, the Secretary of the Treasury shall use the voice, vote, and influence of the United States to promote-- (A) the use of the assistance in accordance with the purposes of this Act; and (B) a requirement that no single country be eligible to receive more than 15 percent of the funds awarded by such a fund in any three year period. (c) Use of Funds.--Assistance provided under this Act may be used for one or more of the following purposes: (1) Funding for capacity building programs, including-- (A) developing and implementing methodologies and programs for measuring and quantifying greenhouse gas emissions and verifying emissions mitigations; (B) assessing technology and policy options for greenhouse gas emissions mitigations; and (C) providing other forms of technical assistance to facilitate the qualification for, and receipt of, program funding under this Act. (2) Funding for technology programs to mitigate greenhouse gas emissions in eligible countries. (d) Qualified Entities.--A qualified entity referred to in this section is-- (1) the national government of an eligible country; (2) a regional or local governmental unit of an eligible country; or (3) a nongovernmental organization or a private entity located or operating in an eligible country. (e) Selection of Projects.-- (1) In general.--The Board shall be responsible for selecting qualified entities to receive assistance under this section. (2) Notice and wait requirement.--Assistance may not be provided under this section until 30 days after the Board notifies the appropriate congressional committees of the proposed assistance, including-- (A) in the case of a capacity building program-- (i) a description of the capacity building program to be funded through such assistance; (ii) the terms and conditions of such assistance; and (iii) a description of how the capacity building program will contribute to the purposes of this Act; or (B) in the case of a technology program-- (i) a description of the technology program to be funded through such assistance; (ii) the terms and conditions of such assistance; (iii) an estimate of the additional amount of greenhouse gas emissions mitigations expected due to the use of such assistance; and (iv) a description of how the technology program will contribute to the purposes of this Act. (f) Participation by Governmental Entities.--In providing assistance under this Act to a national government or to a regional or local governmental unit, the Board should require as a condition of the assistance that such governmental entity make appropriate financial contributions to the budget of the project being funded, and that the project be part of an overall national, regional, or local strategy for the deployment of clean technology. SEC. 6. ELIGIBLE COUNTRIES. (a) Determination by the President.--The Board shall determine whether a country is eligible for technology program assistance under this Act based on the criteria in subsection (b). (b) Criteria.--A country shall be considered to be eligible for purposes of this Act if-- (1) the country is eligible to receive official development assistance according to the guidelines of the Development Assistance Committee of the Organization for Economic Co- operation and Development; and (2)(A) the country has made a binding commitment, pursuant to an international agreement to which the United States is a party, to undertake actions to produce measurable, reportable, and verifiable greenhouse gas emissions mitigations; or (B) the Board determines and certifies to the appropriate congressional committees that the country has in force binding national policies and measures capable of producing measurable, reportable, and verifiable greenhouse gas emissions mitigations. (c) Report.--Not later than 270 days after the date of the enactment of this Act, the Board shall submit to the appropriate congressional committees a report outlining the criteria to be used to determine whether a country is eligible for assistance under this Act pursuant to subsection (b)(2)(B). SEC. 7. ANNUAL REPORT. (a) In General.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Board shall submit to the appropriate congressional committees a report on assistance provided under this Act. (b) Content.--Each report submitted under subsection (a) shall include a description of assistance provided during the reporting period, including-- (1) the aggregate amount of assistance provided for capacity building initiatives and technology deployment initiatives; and (2) a description of each initiative funded through such assistance, including the amount of assistance provided, the terms and conditions of such assistance, and the anticipated reductions in greenhouse gas emissions to be achieved as a result of technology deployment initiatives. (c) Performance Evaluations of Supported Multilateral Trust Funds.--The reports submitted under subsection (a) shall provide for the independent evaluation, not less frequently than once every three years, of the performance of each international clean technology fund provided assistance pursuant to section 5(b)(1)(B)(i). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated a total of $2,000,000,000 for fiscal years 2009 through 2011 to carry out this Act. SEC. 9. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations, the Committee on Finance, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Ways and Means, the Committee on Energy and Commerce, the Committee on Natural Resources, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives. SEC. 10. CONSTRUCTION; AUTHORITIES OF THE SECRETARY OF STATE. Nothing in this Act shall be construed to alter or affect authorities of the Secretary of State under-- (1) title V of the Foreign Relations Authorization Act, Fiscal Year 1979 (Public Law 95-426; 22 U.S.C. 2656a et seq.); or (2) section 622(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2382(c)).

International Clean Development Technology Fund Act of 2008 - Establishes in the Treasury the International Clean Development Technology Fund to provide assistance to qualified entities for: (1) capacity building programs such as greenhouse gas emissions measuring and related technology and policy assessments; and (2) greenhouse gas emissions mitigation in eligible countries.

A bill to promote the international deployment of clean technology, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran and Hizballah Western Hemisphere Prevention Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) On June 26, 2017, Ali Issa Chamas, a dual Paraguayan- Lebanese national reportedly with ties to Hizballah, was indicted by a Miami Federal grand jury for drug trafficking after being arrested in the Tri-Border Area of Argentina, Paraguay, and Brazil for allegedly trying to smuggle cocaine to the United States. (2) On June 8, 2017, the Department of Justice announced the arrest of Ali Kourani and Samer El Debek for attempting to provide support to Hizballah, including in Panama, which involved locating the United States and Israeli Embassies and casing security procedures at the Panama Canal. (3) In April 2017, Commander, United States Southern Command, Admiral Kurt Tidd testified to Congress that ``as a continuing state sponsor of terrorism, Iranian involvement in the Western Hemisphere is always a matter of concern [and] with the easing of economic sanctions, Iran may be seeking to rebuild its relationships in the region''. (4) In February 2017, the United States imposed sanctions on Venezuelan Vice President Tareck El Aissami, designating him as a drug kingpin for facilitating narcotics to the United States. A subsequent CNN investigation linked El Aissami to ``173 Venezuelan passports and IDs that were issued to individuals from the Middle East, including people connected to the terrorist group Hezbollah''. (5) In September 2016, Iranian President Hassan Rouhani conducted his first visit to Latin America, visiting Venezuela and Cuba. In the same month, Iran's Foreign Minister Javad Zarif also visited Bolivia, Chile, Cuba, Ecuador, Mexico, Nicaragua, and Venezuela. (6) In February 2016, a Federal prosecutor in Argentina alleged that Special Prosecutor Alberto Nisman's death in January 2015 was a homicide. Nisman had previously published two reports documenting Iranian activities in several countries in the region and filed a judicial complaint against former Argentine President Cristina Fernandez de Kirchner for minimizing Iranian involvement in the 1994 terrorist attack against the Argentine-Israeli Mutual Association (AMIA) that killed 85 people. (7) In February 2016, the U.S. Drug Enforcement Administration (DEA) announced the disruption of a Hizballah network as part of DEA's ``Project Cassandra'', which affirmed that members of Hizballah's External Security Organization Business Affairs Component (BAC) had established business relationships with South American drug cartels, such as La Oficina de Envigado. (8) According to the Department of State's 2015 Country Report on Terrorism, Hezbollah maintains a presence in the Western Hemisphere ``with members, facilitators, and supporters engaging in activity in support of the organization'', which includes ``efforts to build Hezbollah's infrastructure in South America and fundraising, both through licit and illicit means''. (9) In 2015, former Commander, United States Southern Command, General Kelly testified to Congress that ``our limited intelligence capabilities make it difficult to fully assess the amount of terrorist financing generated in Latin America, or understand the scope of possible criminal-terrorist collaboration''. (10) In November 2014, Brazilian media published police reports that revealed that Hizballah helped a Brazilian prison gang, the First Capital Command (PCC), obtain weapons in exchange for the protection of prisoners of Lebanese origin tied to Hizballah. Those same reports also found that Lebanese traffickers tied to Hizballah helped sell C4 explosives that the PCC allegedly stole in Paraguay. (11) In November 2014, Peruvian counterterrorism police arrested Mohammed Amadar, a Lebanese citizen, who was reportedly a Hizballah operative, after finding traces of explosive materials and detonators at his home. His targets reportedly included places associated with Israelis and Jews in Peru, the Israeli embassy in Lima, and Jewish community institutions. (12) Hizballah is classified by the Department of State as a Foreign Terrorist Organization, but multiple reports have found that Hizballah has significant and expanding ties to transnational organized crime, drug trafficking, and money- laundering activities in the Western Hemisphere, including partnerships with Mexico's Los Zetas, Colombia's Revolutionary Armed Forces of Colombia (FARC), and Brazil's Primeriro Comando de la Capital. (13) As of June 2017, the United States has sanctioned 11 individuals and four companies in the Tri-Border Area of Argentina, Paraguay, and Brazil for their involvement with Hizballah's terror finance networks. However, multiple reports show that despite United States measures, some of these individuals who are Specially Designated Global Terrorists (SDGTs) under Executive Order 13224 of September 2001 continue to have access to the global financial system. SEC. 3. STATEMENT OF POLICY. Congress declares that it is the policy of the United States to continue the policy outlined in the Hizballah International Financing Prevention Act of 2015 (Public Law 114-102) and the government-wide strategy outlined in Countering Iran in the Western Hemisphere Act of 2012 (Public Law 112-220) to prevent further penetration of Iran and Hizballah into the Western Hemisphere and prioritize United States diplomatic efforts to engage countries in the Western Hemisphere to disrupt and degrade Hizballah's illicit networks operating in the region. SEC. 4. DEFINITIONS. In this Act: (1) Western hemisphere.--The term ``Western Hemisphere'' has the meaning given such term in section 4(1) of the Countering Iran in the Western Hemisphere Act of 2012 (Public Law 112-220; 22 U.S.C. 8701 note). (2) Relevant congressional committees.--The term ``relevant congressional committees'' has the meaning given such term in section 4(2) of the Countering Iran in the Western Hemisphere Act of 2012 (Public Law 112-220; 22 U.S.C. 8701 note). (3) Hizballah.--The term ``Hizballah'' has the meaning given such term in section 102(f) of the Hizballah International Financing Prevention Act of 2015 (Public Law 114- 102; 50 U.S.C. 1701 note). (4) Hostile activities.--The term ``hostile activities'' means any activities that promote anti-American or undemocratic views that threaten United States national security through government-to-government, private sector, nongovernmental organizations, or public diplomacy engagement. SEC. 5. UNITED STATES STRATEGY TO PREVENT HOSTILE ACTIVITIES BY IRAN AND DISRUPT AND DEGRADE HIZBALLAH'S ILLICIT NETWORKS IN THE WESTERN HEMISPHERE. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the relevant congressional committees a strategy to prevent hostile activities by Iran and disrupt and degrade Hizballah's illicit networks in the Western Hemisphere that-- (1) identifies Department of State priorities, in coordination with other executive branch agencies, for defining United States policy to protect United States interests from Iranian and Hizballah threats in the Western Hemisphere; (2) involves a whole-of-government approach led by the Secretary of State, in coordination with other executive branch agencies, to ensure that information-sharing, interdictions, arrests, investigations, indictments, sanctions, and designations related to Hizballah individuals or networks in the Western Hemisphere are integrated, coordinated, and publicly communicated by the United States in a manner that supports United States interests; (3) outlines a counter-network disruption campaign that includes the input of other executive branch agencies and that uses all appropriate United States national tools; (4) describes Iranian and Hizballah activities in the Western Hemisphere, their relationships with transnational criminal organizations in the region, their use of the region's commodities trade to engage in illicit activities, and their use of Latin American and Caribbean visas, including through Citizenship by Investment Programs to seek admittance into the United States, as well as a plan to address any security vulnerabilities to the United States; (5) includes a review of all relevant United States sanctions that relate to Hizballah's activities in Latin America and the Caribbean and an assessment of their use, effectiveness, and any capability gaps; (6) includes a review of the use of the Department of State's rewards program under section 36 of the State Department Basic Authorities Act (22 U.S.C. 2708) to obtain information related to Latin America-based Hizballah operatives and illicit networks and an assessment of the effectiveness of this program for targeting Hizballah in the Western Hemisphere; (7) includes a review of all relevant United States sanctions on financial institutions in Latin America and the Caribbean that engage in activities outlined by section 102 of Hizballah International Financing Prevention Act of 2015 (Public Law 114-102; 50 U.S.C. 1701 note) and an assessment of the use of the authorities outlined, their effectiveness, and recommendations for improvement; (8) describes Hizballah criminal support networks, including country facilitation, in the Western Hemisphere and outlines a United States approach to partners in the region to address those illicit networks and build country capacity to combat the transnational criminal activities of Hizballah; and (9) includes a review of the actions of governments in the Western Hemisphere to identify, investigate, and prosecute Latin America-based Hizballah operatives, and enforce sanctions either personally or to their business interests of Latin America-based Hizballah operatives as well as recommendations for United States action towards governments who refuse to impose sanctions or who willingly facilitate Latin America- based Hizballah illicit activities. (b) Form.--The strategy required by subsection (b) shall be submitted in unclassified form to the greatest extent possible but may include a classified annex. SEC. 6. UNITED STATES BILATERAL AND MULTILATERAL ENGAGEMENT ON HIZBALLAH IN THE WESTERN HEMISPHERE. (a) Bilateral Engagement.--Not later than 90 days after the date of the enactment of this Act, the President shall instruct the Secretary of State to prioritize United States diplomatic engagement with countries in the Western Hemisphere to increase cooperation and build governments' capacity to prevent hostile activities by Iran and disrupt and degrade Hizballah's illicit networks operating in the region. Such diplomatic engagement may include-- (1) efforts to target and expose illicit networks, arrest perpetrators, freeze assets, and attack Iran and Hizballah's use of illicit networks using international trade and banking systems; (2) efforts to revoke or deny visas from those implicated in Hizballah activity in the region, including lawyers, accountants, business partners, and service providers and politicians who knowingly facilitate or fail to take measures to counter Hizballah's illicit finance in their own jurisdictions; (3) efforts to assist willing nations with the development of counter-organized crime legislation, the strengthening of financial investigative capacity, and a fully-vetted counter- organized crime judicial model in places plagued with corruption; and (4) efforts to persuade governments in the region to list Hizballah as a terrorist organization. (b) Multilateral Engagement.-- (1) In general.--Title I of the Hizballah International Financing Prevention Act of 2015 (Public Law 114-102; 129 Stat. 2206; 50 U.S.C. 1701 note) is amended by adding at the end the following: ``SEC. 103. DIPLOMATIC INITIATIVES. ``(a) Sense of Congress.--It is the sense of Congress that-- ``(1) the designation of Hizballah as a terrorist organization by the Gulf Cooperation Council represents a positive step; and ``(2) the United States should provide necessary technical and other advice to the states of the Gulf Cooperation Council to enhance the effectiveness of that designation. ``(b) Diplomatic Initiatives.--Not later than 90 days after the date of the enactment of this section, the President shall instruct-- ``(1) the United States Permanent Representative to the Organization of American States to work to secure support at the Organization of American States for a resolution that would declare Hizballah as a terrorist organization and address Hizballah's illicit networks operating in the region; ``(2) the United States Ambassador to the Organization for Security and Cooperation in Europe (OSCE) to work to secure a report on compliance by participating states with OSCE Decision Number 1063, the `Consolidated Framework for the Fight Against Terrorism', in regard to Hizballah, with particular focus on the mandate to `suppress the financing of terrorism, including its links with money-laundering and illegal economic activities', especially as it relates transatlantic relations, including with Latin America and the Caribbean; and ``(3) United States diplomats to work with international forums, including the Financial Action Task Force, to identify government entities within Latin America and the Caribbean that provide support, facilitation, or assistance to individuals affiliated with Hizballah in the Western Hemisphere. ``(c) Report.--Not later than 90 days after the date of enactment of this section, and every 180 days thereafter for a period not to exceed 3 years, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report describing efforts of the United States Permanent Representative to the Organization of American States with respect to matters described in subsection (b)(1), efforts of the United States Ambassador to the Organization for Security and Cooperation in Europe with respect to the matters described in subsection (b)(2), and efforts by United States diplomats with respect to the matters described in subsection (b)(3).''. (2) Clerical amendment.--The table of contents for the Hizballah International Financing Prevention Act of 2015 is amended by inserting after the item related to section 102 the following new item: ``Sec. 103. Diplomatic initiatives.''. SEC. 7. CONGRESSIONAL OVERSIGHT BRIEFINGS. The Secretary of State provide to the relevant congressional committees annual briefings that review Department of State efforts to implement the strategy to prevent hostile activities by Iran and disrupt and degrade Hizballah's illicit networks in the Western Hemisphere under section 5 and United States bilateral and multilateral engagement with respect to Hizballah in the Western Hemisphere in accordance with section 6 and the amendments made by section 6. SEC. 8. REGULATORY AUTHORITY. (a) In General.--The President shall, not later than 120 days after the date of the enactment of this Act, promulgate regulations as necessary for the implementation of this Act and the amendments made by this Act. (b) Notification to Congress.--Not less than 10 days before the promulgation of regulations under subsection (a), the President shall notify the relevant congressional committees of the proposed regulations and the provisions of this Act that the regulations are implementing. SEC. 9. SUNSET. This Act shall terminate on the date that is 30 days after the date on which the President certifies to Congress that Hizballah meets the requirements described in section 303 of Hizballah International Financing Prevention Act of 2015 (Public Law 114-102; 50 U.S.C. 1701 note).

Iran and Hizballah Western Hemisphere Prevention Act of 2017 This bill declares it to be U.S. policy to prevent further penetration of Iran and Hizballah into the Western Hemisphere and to prioritize diplomatic efforts to engage countries in the hemisphere to disrupt and degrade Hizballah's illicit networks operating in the region. The Department of State shall submit a strategy to prevent hostile activities by Iran and disrupt and degrade Hizballah's illicit networks in the hemisphere. The President shall instruct the State Department to prioritize U.S. diplomatic engagement with countries in the hemisphere in order to increase cooperation and build the capacity of the governments of those countries to prevent such activities and disrupt and degrade such networks. The bill amends the Hizballah International Financing Prevention Act of 2015 to require the President to instruct: the U.S. Permanent Representative to the Organization of American States (OAS) to work to secure OAS support for a resolution that would declare Hizballah to be a terrorist organization and address such illicit networks; and the U.S. Ambassador to the Organization for Security and Cooperation in Europe (OSCE) to work in securing a report on compliance by participating states with OSCE Decision Number 1063, the Consolidated Framework for the Fight Against Terrorism, with regard to Hizballah; and U.S. diplomats to work with international forums to identify government entities in Latin America and the Caribbean that support individuals affiliated with Hizballah in the hemisphere. The State Department must provide to the relevant congressional committees annual briefings that review its efforts to implement such strategy and U.S. bilateral and multilateral engagement with respect to Hizballah in the hemisphere.

Iran and Hizballah Western Hemisphere Prevention Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Political Broadcasting Access Act of 1993''. SEC. 2. ALLOCATION TO POLITICAL PARTIES OF FREE BROADCAST TIME FOR POLITICAL ADVERTISING. (a) Condition of License Renewal.--Section 309(h) of the Communications Act of 1934 (47 U.S.C. 309(h)) is amended by inserting before the period at the end thereof the following: ``; and (4) every broadcast station license issued under this Act shall be subject to the free broadcast time obligations imposed by section 315(c)''. (b) Free-Time Obligations.--Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following new subsection: ``(c)(1) Each license for a broadcasting station shall annually make available free broadcast time for political advertising in accordance with the requirements of this subsection. The Commission shall not renew the license of any licensee who substantially fails or refuses to comply with the requirements of this subsection, but such licensee shall not be subject to any other sanction or remedy for such failure or refusal. ``(2) A licensee subject to this subsection shall allot free broadcast time to each qualified political party in accordance with the following standards: ``(A) Such licensee shall allot an equal amount, but not less than 2 hours, of free broadcast time annually to-- ``(i) the national organization of each qualified political party; and ``(ii) the State organization of each qualified political party of the State within which the preponderance of the station's audience resides. ``(B) The 2 or more hours of free broadcast time allotted to any organization under subparagraph (A) shall be composed of units of varying lengths of not more than 5 minutes nor less than 10 seconds, as determined by negotiation between such organization and the licensee. ``(C) The broadcast time allotted by any licensee shall be allotted so that-- ``(i) at least one-half is broadcast during the hours of 7 to 10 p.m. on weekdays; ``(ii) during any even numbered year, at least two- thirds is broadcast during the two months immediately preceding election day and at least one-half is broadcast during the three weeks immediately preceding election day; ``(iii) each national organization of a qualified political party is allotted free broadcast time that is comparable, by time of day and day of week, to the time allotted to other such national organizations, and each State organization of a qualified political party is allotted free broadcast time that is comparable, by time of day and day of week, to the time allotted to other such State organizations. ``(3) A political party shall be treated as a qualified political party for purposes of paragraph (2)(A) if the candidate for President of such party in the most recent presidential election received more than 5 percent of the total number of votes cast by individuals for that office, except that, in the case of any political party whose candidate (as described in subparagraph (A) or (B)) received less than 33\1/3\ percent of such total votes, the amount of free broadcast time required to be allotted under clause (i) or (ii) of paragraph (2)(A) shall be reduced by 0.4 hours for each percent of such vote received that is less than 33\1/3\ percent. ``(4) A licensee allots free broadcast time as required by this subsection by broadcasting the statements, presentations, announcements, or other sounds or visual images requested to be broadcast by a political organization without remuneration or compensation in any form, whether by public or private funds, tax deduction or credit, or otherwise. ``(5) Nothing in this subsection, and no use of free broadcast time allotted under this subsection, shall be construed to restrict or otherwise affect the purchase of advertising time under subsection (b) of this section.''. SEC. 3. FREE CABLE TIME. Section 611 of the Communications Act of 1934 (47 U.S.C. 531) is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: ``(f) A cable operator shall annually make available free cable time for political advertising in accordance with the requirements of regulations prescribed by the Commission. Such regulations shall, to the extent practicable, require each such cable operator to provide such free cable time in the same amounts and manner, to the same eligible political organizations, and subject to the same conditions as free broadcast time is required to be provided by broadcast station licensees under section 315(c) of this Act. No franchise authority shall renew the franchise of any cable operator that fails to comply with such regulations, but such operator shall not be subject to any other sanction or remedy for such failure or refusal.''.

Political Broadcasting Access Act of 1993 - Amends the Communications Act of 1934 to require each licensee for a broadcasting station to make available annually free broadcast time for political advertising. Provides standards for time allotment, including total time to be allotted, the length of each unit of such free time, and the hours of the day and the time of the year in which such free time must be allowed. Requires national political parties meeting certain minimum qualifying standards to be treated equally for purposes of such allotment. Provides that nothing in this Act shall restrict a candidate's or party's right to purchase other broadcast time on such station. Requires a cable operator to make available annually free cable time for political advertising under similar requirements. Prohibits the renewal of a franchise of any cable operator that fails to comply with such requirements.

Political Broadcasting Access Act of 1993

SECTION 1. SHORT TITLE. This title may be cited as the ``Habeas Corpus Revision Act of 1994''. SEC. 2. STATUTE OF LIMITATIONS. Section 2254 of title 28, United States Code, is amended by adding at the end the following: ``(g)(1) In the case of an applicant under sentence of death, any application for habeas corpus relief under this section must be filed in the appropriate district court not later than 1 year after-- ``(A) the date of denial of a writ of certiorari, if a petition for a writ of certiorari to the highest court of the State on direct appeal or unitary review of the conviction and sentence is filed, within the time limits established by law, in the Supreme Court; ``(B) the date of issuance of the mandate of the highest court of the State on direct appeal or unitary review of the conviction and sentence, if a petition for a writ of certiorari is not filed, within the time limits established by law, in the Supreme Court; or ``(C) the date of issuance of the mandate of the Supreme Court, if on a petition for a writ of certiorari the Supreme Court grants the writ and disposes of the case in a manner that leaves the capital sentence undisturbed. ``(2) The time requirements established by this section shall be tolled-- ``(A) during any period in which the State has failed to provide counsel as required in section 2257 of this chapter; ``(B) during the period from the date the applicant files an application for State postconviction relief until final disposition of the application by the State appellate courts, if all filing deadlines are met; and ``(C) during an additional period not to exceed 90 days, if counsel moves for an extension in the district court that would have jurisdiction of a habeas corpus application and makes a showing of good cause.''. SEC. 3. STAYS OF EXECUTION IN CAPITAL CASES. Section 2251 of title 28, United States Code, is amended-- (1) by inserting ``(a)(1)'' before the first paragraph; (2) by inserting ``(2)'' before the second paragraph; and (3) by adding at the end the following: ``(b) In the case of an individual under sentence of death, a warrant or order setting an execution shall be stayed upon application to any court that would have jurisdiction over an application for habeas corpus under this chapter. The stay shall be contingent upon reasonable diligence by the individual in pursuing relief with respect to such sentence and shall expire if-- ``(1) the individual fails to apply for relief under this chapter within the time requirements established by section 2254(g) of this chapter; ``(2) upon completion of district court and court of appeals review under section 2254 of this chapter, the application is denied and-- ``(A) the time for filing a petition for a writ of certiorari expires before a petition is filed; ``(B) a timely petition for a writ of certiorari is filed and the Supreme Court denies the petition; or ``(C) a timely petition for certiorari is filed and, upon consideration of the case, the Supreme Court disposes of it in a manner that leaves the capital sentence undisturbed; or ``(3) before a court of competent jurisdiction, in the presence of counsel qualified under section 2257 of this chapter and after being advised of the consequences of the decision, an individual waives the right to pursue relief under this chapter.''. SEC. 4. LAW APPLICABLE. (a) In General.--Chapter 153 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 2256. Law applicable ``(a) Except as provided in subsection (b), in an action under this chapter, the court shall not apply a new rule. ``(b) A court shall apply a new rule, if the new rule-- ``(1) places the claimant's conduct beyond the power of the criminal law-making authority to proscribe or punish with the sanction imposed; or ``(2) requires the observance of procedures without which the likelihood of an accurate conviction or valid capital sentence is seriously diminished. ``(c) As used in this section, the term `new rule' means a clear break from precedent, announced by the Supreme Court of the United States, that could not reasonably have been anticipated at the time the claimant's sentence became final in State court. A rule is not `new' merely because it was not dictated or compelled by the precedents existing at that time or because, at that time, it was susceptible to debate among reasonable minds.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 153 of title 28, United States Code, is amended by adding at the end the following: ``2256. Law applicable.''. SEC. 5. COUNSEL IN CAPITAL CASES; STATE COURT. (a) In General.--Chapter 153 of title 28, United States Code, is amended by adding after the provision added by section 804 of this subtitle the following: ``Sec. 2257. Counsel in capital cases; State court ``(a) Notwithstanding section 2254(d) of this chapter, the court in an action under this chapter shall neither presume a finding of fact made in a State court proceeding specified in subsection (b)(1) of this section to be correct nor decline to consider a claim on the ground that it was not raised in such a proceeding at the time or in the manner prescribed by State law, unless-- ``(1) the relevant State maintains a mechanism for providing legal services to indigents in capital cases that meets the specifications in subsection (b) of this section; ``(2) if the applicant in the instant case was eligible for the appointment of counsel and did not waive such an appointment, the State actually appointed an attorney or attorneys to represent the applicant in the State proceeding in which the finding of fact was made or the default occurred; and ``(3) the attorney or attorneys so appointed substantially met both the qualification standards specified in subsection (b)(3)(A) or (b)(4) of this section and the performance standards established by the appointing authority. ``(b) A mechanism for providing legal services to indigents within the meaning of subsection (a)(1) of this section shall include the following elements: ``(1) The State shall provide legal services to-- ``(A) indigents charged with offenses for which capital punishment is sought; ``(B) indigents who have been sentenced to death and who seek appellate, collateral, or unitary review in State court; and ``(C) indigents who have been sentenced to death and who seek certiorari review of State court judgments in the United States Supreme Court. ``(2) The State shall establish a counsel authority, which shall be-- ``(A) a statewide defender organization; ``(B) a resource center; or ``(C) a counsel authority appointed by the highest State court having jurisdiction over criminal matters, consisting of members of the bar with substantial experience in, or commitment to, the representation of criminal defendants in capital cases, and comprised of a balanced representation from each segment of the State's criminal defense bar. ``(3) The counsel authority shall-- ``(A) publish a roster of attorneys qualified to be appointed in capital cases, procedures by which attorneys are appointed, and standards governing qualifications and performance of counsel, which shall include-- ``(i) knowledge and understanding of pertinent legal authorities regarding issues in capital cases; and ``(ii) skills in the conduct of negotiations and litigation in capital cases, the investigation of capital cases and the psychiatric history and current condition of capital clients, and the preparation and writing of legal papers in capital cases; ``(B) monitor the performance of attorneys appointed and delete from the roster any attorney who fails to meet qualification and performance standards; and ``(C) appoint a defense team, which shall include at least 2 attorneys, to represent a client at the relevant stage of proceedings, within 30 days after receiving notice of the need for the appointment from the relevant State court. ``(4) An attorney who is not listed on the roster shall be appointed only on the request of the client concerned and in circumstances in which the attorney requested is able to provide the client with quality legal representation. ``(5) No counsel appointed pursuant to this section to represent a prisoner in State postconviction proceedings shall have previously represented the prisoner at trial or on direct appeal in the case for which the appointment is made, unless the prisoner and counsel expressly request continued representation. ``(6) The ineffectiveness or incompetence of counsel appointed pursuant to this section during State or Federal postconviction proceedings shall not be a ground for relief in a proceeding arising under section 2254 of this title. This limitation shall not preclude the appointment of different counsel at any phase of State or Federal postconviction proceedings. ``(7) Upon receipt of notice from the counsel authority that an individual entitled to the appointment of counsel under this section has declined to accept such an appointment, the court requesting the appointment shall conduct, or cause to be conducted, a hearing, at which the individual and counsel proposed to be appointed under this section shall be present, to determine the individual's competency to decline the appointment, and whether the individual has knowingly and intelligently declined it. ``(8) Attorneys appointed pursuant to this section shall be compensated on an hourly basis pursuant to a schedule of hourly rates as periodically established by the counsel authority after consultation with the highest State court with jurisdiction over criminal matters. Appointed counsel shall be reimbursed for expenses reasonably incurred in representing the client, including the costs of law clerks, paralegals, investigators, experts, or other support services. ``(9) Support services for staff attorneys of a defender organization or resource center shall be equal to the services listed in paragraph (8).''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 153 of title 28, United States Code, is amended by adding after the provision added by section 804 the following: ``2257. Counsel in capital cases; State court.''. SEC. 6. SUCCESSIVE FEDERAL PETITIONS. Section 2244(b) of title 28, United States Code, is amended-- (1) by inserting ``(1)'' after ``(b)''; (2) by inserting ``, in the case of an applicant not under sentence of death,'' after ``When''; and (3) by adding at the end the following: ``(2) In the case of an applicant under sentence of death, a claim presented in a second or successive application, that was not presented in a prior application under this chapter, shall be dismissed unless-- ``(A) the applicant shows that-- ``(i) the basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant filed the prior application; or ``(ii) the failure to raise the claim in the prior application was due to action by State officials in violation of the Constitution of the United States; and ``(B) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the applicant's guilt of the offense or offenses for which the capital sentence was imposed, or in the validity of that sentence under Federal law.''. SEC. 7. CERTIFICATES OF PROBABLE CAUSE. The third paragraph of section 2253, of title 28, United States Code, is amended to read as follows: ``An appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding where the detention complained of arises out of process issued by a State court, unless the justice or judge who rendered the order or a circuit justice or judge issues a certificate of probable cause. However, an applicant under sentence of death shall have a right of appeal without a certification of probable cause, except after denial of a second or successive application.''. SEC. 8. DUTIES OF THE DISTRICT COURT. Section 2254(a) of title 28, United States Code, is amended by adding at the end the following: ``In adjudicating the merits of any such ground, the court shall exercise independent judgment in ascertaining the pertinent Federal legal standards and in applying those standards to the facts and shall not defer to a previous State court judgment regarding a Federal legal standard or its application. Upon request, the court shall permit the parties to present evidence regarding material facts that were not adequately developed in State court. The court shall award relief with respect to any meritorious constitutional ground, unless, in the case of a violation that can be harmless, the respondent shows that the error was harmless beyond a reasonable doubt.''. SEC. 9. CLAIMS OF INNOCENCE. (a) In General.--Chapter 153 of title 28, United States Code, is amended by adding after the provision added by section 805 of this subtitle the following: ``Sec. 2258. Claims of innocence ``(a) At any time, and notwithstanding any other provision of law, a district court shall issue habeas corpus relief on behalf of an applicant under sentence of death, imposed either in Federal or in State court, who offers credible newly discovered evidence which, had it been presented to the trier of fact or sentencing authority at trial, would probably have resulted in-- ``(1) an acquittal of the offense for which the death sentence was imposed; or ``(2) a sentence other than death. ``(b) An application filed pursuant to subsection (a) shall offer substantial evidence which, if credible, would establish one of the standards in subsection (a)(1) or (2). An application that fails to do so may be dismissed. ``(c) If the court concludes that an application meets the requirements in subsection (b), the court shall-- ``(1) order the respondent to file an answer; ``(2) permit the parties to conduct reasonable discovery; ``(3) conduct a hearing to resolve disputed issues of fact; and ``(4) upon request, issue a stay of execution pending further proceedings in the district court and on direct review of the district court's judgment. ``(d) If the court concludes that the applicant meets the standards established by subsection (a)(1) or (2), the court shall order his or her release, unless a new trial or, in an appropriate case, a new sentencing proceeding, is conducted within a reasonable time. ``(e) If the court determines that the applicant is currently entitled to pursue other available and effective remedies in either State or Federal court, the court may, at the request of either party, suspend its consideration of the application under this section until the applicant has exhausted those remedies. A stay issued pursuant to subsection (c) shall remain in effect during such a suspension. ``(f) An application under this section may be consolidated with any other pending application under this chapter, filed by the same applicant.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 153 of title 28, United States Code, is amended by adding after the provision added by section 805 of this subtitle the following: ``2258. Claims of innocence.''. SEC. 10. PROCEDURAL DEFAULT IN STATE COURT. Section 2254 of title 28, United States Code, is amended by adding the following: ``(h)(1) A district court shall decline to consider a claim under this section if-- ``(A) the applicant previously failed to raise the claim in State court at the time and in the manner prescribed by State law; the State courts, for that reason, refused or would refuse to entertain the claim; such refusal would constitute an adequate and independent State law ground that would foreclose direct review of the State court judgment in the Supreme Court of the United States; and ``(B) the applicant fails to show cause for the failure to raise the claim in State court and prejudice to the applicant's right to fair proceedings or to an accurate outcome resulting from the alleged violation of the Federal right asserted, or that failure to consider the claim would result in a miscarriage of justice. ``(2) The court shall not find cause in any case in which it appears that the applicant or counsel deliberately withheld a claim from the State courts for strategic purposes. An applicant may establish cause by showing that-- ``(A) the factual basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant could have raised the claim in State court; ``(B) the claim relies on a decision of the Supreme Court of the United States, announced after the applicant might have raised the claim in State court; or ``(C) the failure to raise the claim in State court was due to interference by State officials, counsel's ignorance or neglect, or counsel's ineffective assistance in violation of the Constitution.''. HR 4018 RH----2

Habeas Corpus Revision Act of 1994 - Amends the Federal judicial code to revise provisions governing habeas corpus procedures, particularly in capital cases. Establishes a statute of limitations of one year for the filing of an application for habeas corpus relief from a sentence of death. Prescribes periods during which such time requirement shall be tolled, including any period during which the applicant is not represented by counsel. Provides for dismissal of an application for failure to comply with such time requirement, except where the waiver of such requirement is warranted by exceptional circumstances. (Sec. 3) Specifies requirements for stays of execution in capital cases. (Sec. 4) Prohibits the court from applying a new rule representing a clear break from precedent announced by the U.S. Supreme Court that could not have reasonably been anticipated at the time the claimant's sentence became final in State court, unless such rule: (1) places the claimant's conduct beyond the power of the criminal law-making authority to proscribe or punish with the sanction imposed; or (2) requires the observance of procedures without which the likelihood of an accurate conviction or valid capital sentence is seriously diminished. (Sec. 5) Bars the court from presuming a finding of fact made in certain State court proceedings to be correct or from declining to consider a claim on the ground that it was not raised in such a proceeding at the time or in the manner prescribed by State law, unless: (1) the relevant State maintains a mechanism for providing legal services to indigents in capital cases which meets specified requirements; (2) the State actually appointed an attorney to represent an applicant who was eligible for and did not waive such appointment in the State proceeding in which the finding of fact was made or the default occurred; and (3) any attorney so appointed substantially met specified qualification standards and the performance standards established by the appointing authority. (Sec. 6) Requires that, in the case of an applicant for Federal habeas corpus relief under sentence of death, a claim presented in a second or successive application be dismissed unless the applicant shows that: (1) the basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant filed the prior application, or the failure to raise the claim in the prior application was due to action by State officials in violation of the U.S. Constitution; and (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the applicant's guilt of the offense for which the capital sentence was imposed, or in the validity of that sentence under Federal law. (Sec. 7) Grants an applicant under sentence of death the right to appeal without a certification of probable cause, except after denial of a second or successive application. (Sec. 8) Requires the district court, in adjudicating habeas corpus cases, to: (1) exercise independent judgment in ascertaining the pertinent Federal legal standards and in applying those standards to the facts when adjudicating the merits of a particular ground (rather than deferring to a previous State court judgment regarding a Federal legal standard or its application); (2) issue habeas corpus relief at any time on behalf of an applicant under sentence of death imposed either in Federal or State court who offers newly discovered evidence which, had it been presented to the trier of fact or sentencing authority at trial, would probably have resulted in an acquittal of the offense for which the death sentence was imposed or a sentence other than death; and (3) decline to consider a habeas corpus claim under specified circumstances.

Habeas Corpus Revision Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Access to Child Care for Homeless Families Act of 2012''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) Child and youth homelessness has increased by 38 percent during the period since 2006, and Head Start programs have registered a 44 percent increase in the number of homeless children served over that same period. (2) Among homeless children living in shelters supported by the Department of Housing and Urban Development, 50 percent are under 5 years old. (3) A 2010 study by the Eunice Kennedy Shriver National Institute of Child Health and Human Development found that children who had received high-quality care in the first few years of life scored higher on measures of academic and cognitive achievement when the children were 19 years old, and were less likely to misbehave, than children who had been enrolled in low-quality care in those years. (4) Homelessness has a negative impact on child development that surpasses the harmful impacts of poverty. A Head Start demonstration project serving homeless families indicated that the homeless children served had more instances of developmental delay, learning disabilities, and physical or mental health problems, compared with their low-income peers in stable housing. (5) For homeless families, residential instability, high mobility, documentation requirements, and lack of transportation are significant obstacles to accessing and retaining child care services. (6) According to a study by the Institute for Children, Poverty, and Homelessness, homeless families are less likely to receive government financial assistance for child care than families that are not homeless. (7) Without child care, homeless parents of young children struggle to search for employment, maintain employment, and enter job training programs. (8) Many parents who are domestic violence survivors who flee their homes try to find employment, but the parents are often limited by a lack of child care. In a survey of nearly 1,500 domestic violence survivors in domestic violence shelters, 29 percent indicated that they needed help with child care. (b) Sense of Congress.--It is the sense of Congress that-- (1)(A) Congress has enacted successful policies to increase homeless children's access to and stability in public elementary and secondary schools and Head Start programs; and (B) in order to increase homeless families' access to and continuity in child care, similar policies should be applied to Federal child care programs; and (2) such policies will assist homeless parents in maintaining employment and regaining housing, and will provide critical interventions to support that vulnerable population of children. SEC. 3. PURPOSE. The purpose of this Act is to ensure access to high-quality child care for homeless children and families. SEC. 4. CHILD CARE FOR HOMELESS CHILDREN. (a) Lead Agency Duties.--Section 658D(b)(1)(D) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858b(b)(1)(D)) is amended by striking ``Federal, State and local child care and early childhood development programs.'' and inserting ``Federal, State, and local child care, early childhood development, and social service programs that shall include-- ``(1) Head Start and Early Head Start programs under the Head Start Act (42 U.S.C. 9831 et seq.); ``(2) programs, and services of partners, that serve vulnerable populations, including programs serving homeless children and services of local educational agency liaisons for homeless children and youths designated under subsection (g)(1)(J)(ii) of section 722 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432); and ``(3) programs, and services of entities receiving grants, to provide to homeless veterans services authorized under chapter 20 of title 38, United States Code, consisting of housing, employment-related services (such as services under section 2021 or 2021A of such title), or supportive services (such as services authorized under section 2044 of such title).''. (b) Plan Requirements.--Section 658E(c) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (D), by inserting ``, Head Start and Early Head Start agencies under the Head Start Act (42 U.S.C. 9831 et seq.), State Coordinators designated under subsection (d)(3), and local educational agency liaisons for homeless children and youths designated under subsection (g)(1)(J)(ii), of section 722 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432), local educational agencies and providers of early intervention services under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.),'' after ``children''; (B) in subparagraph (F)(i), by striking the semicolon and inserting ``and the establishment of a grace period that allows homeless children to receive services under this subchapter while their families are taking any necessary action to comply with immunization and other health and safety requirements;''; and (C) in subparagraph (H)-- (i) by striking ``and families'' and inserting ``families''; and (ii) by inserting ``, and families of homeless children'' before the period; (2) in paragraph (3)(B)-- (A) by inserting ``activities that improve access to such services (including transportation to child care services, procedures to permit immediate enrollment of homeless children while required documentation is obtained, training and technical assistance on identifying and serving homeless children and their families, and specific outreach to families described in paragraph (2)(H)),'' after ``availability of such services,''; and (B) by inserting ``, to homeless children,'' after ``family size)''; and (3) in paragraph (5), by adding at the end the following: ``Each sliding fee scale shall be applied using measures to ensure that cost sharing is not a barrier to the enrollment of families of homeless children.''. (c) Access and Outreach to Families of Homeless Children.--Section 658G of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended-- (1) by inserting ``(such as resource and referral services)'' after ``and activities''; and (2) by striking ``(such as resource and referral services).'' and inserting ``, including developing strategies and partnerships to provide transportation to child care services and specific outreach to families described in section 658E(c)(2)(H)).'' after ``availability of child care''. (d) Reports.--Section 658K(a)(1)(B) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858i(a)(1)(B)) is amended-- (1) in clause (ix), by striking ``and'' at the end; (2) in clause (x), by adding ``and'' at the end; and (3) by inserting after clause (x) the following: ``(xi) whether the children receiving assistance under this subchapter are homeless children;''. SEC. 5. PILOT PROGRAM. (a) Redesignation.--Section 658L of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858j) is amended-- (1) by striking the section heading; (2) by inserting ``(c) Report by Secretary.--'' before ``Not later''; (3) by striking ``section 658K'' and inserting ``this section''; and (4) by moving subsection (c) (as redesignated by paragraph (2)) to the end of section 658K. (b) Establishment of Program.--The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended by inserting after section 658K (42 U.S.C. 9858i), as amended by subsection (a), the following: ``SEC. 658L. PILOT PROGRAM. ``(a) In General.--The Secretary shall carry out a pilot program to identify and implement best practices for increasing access to and continuity of child care for homeless children. ``(b) Grants.--In carrying out the pilot program, the Secretary shall award to States not more than 5 grants of not more than $5,000,000 per grant. Each grant shall be for a period of not more than 3 years, beginning not later than March 31, 2013. ``(c) Application.--In order to be eligible to receive a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall require. ``(d) Use of Funds.--A State that receives a grant under this section shall use the funds made available under the grant-- ``(1) to establish a pilot project for-- ``(A) implementing promising practices for increasing access to and continuity of child care for homeless children; and ``(B) identifying the best practices; and ``(2) to carry out subsection (e)(1). ``(e) Assessments and Reports.-- ``(1) State responsibilities.-- ``(A) Assessment.--A State that receives a grant under this section shall carry out data collection for and an assessment of its pilot project described in subsection (d)(1). ``(B) Report to the secretary.--Not later than 42 months after the first day of the grant period for a pilot project described in subsection (d)(1), the State carrying out the pilot project shall submit to the Secretary a report containing a summary of the results of the assessment described in subparagraph (A), including a description of the best practices identified. ``(2) Secretarial responsibilities.--Not later than 4 years after the first day of the latest grant period for a pilot project, the Secretary shall submit to Congress a report containing a summary of the reports received under paragraph (1) and a recommendation concerning whether and how to expand the pilot projects carried out with best practices. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2013 through 2015, which shall remain available through fiscal year 2017.''. SEC. 6. DEFINITIONS. Section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n) is amended-- (1) in paragraph (4)(C)-- (A) in clause (i), by striking ``or'' at the end; (B) in clause (ii), by striking the period and inserting ``; or''; and (C) by adding at the end the following: ``(iii) is a homeless child.''; and (2) by adding at the end the following: ``(15) Homeless child.--The term `homeless child' means a homeless child or youth, as defined under section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''.

Improving Access to Child Care for Homeless Families Act of 2012 - Expresses the sense of Congress that: (1) Congress has enacted successful policies to increase homeless children's access to and stability in public elementary and secondary schools and Head Start Programs; (2) in order to increase homeless families' access to and continuity in care, similar policies should be applied to federal child care programs; and (3) such policies will assist homeless parents in maintaining employment and regaining housing, and will provide critical interventions to support that vulnerable population of children. Amends the Child Care and Development Block Grant Act of 1990 to require the lead agency to coordinate the provision of services under such Act with social services programs that include: (1) Head Start and Early Head Start programs under the Head Start Act; (2) programs and services of partners that serve vulnerable populations; and (3) programs and services of entities receiving grants to provide homeless veterans with housing, employment-related services, or supportive services. Revises state plan requirements to require consideration of homeless children in the use of funds for child care services and activities. Requires the Secretary of Health and Human Services (HHS) to carry out a pilot program of grants to states to identify and implement best practices for increasing access to and continuity of child care for homeless children.

A bill to amend the Child Care and Development Block Grant Act of 1990 to ensure access to high-quality child care for homeless children and families, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Relief for Victims of Disasters Act of 2011''. SEC. 2. SPECIAL RULE FOR DETERMINING EARNED INCOME MADE APPLICABLE GENERALLY TO FEDERALLY DECLARED DISASTERS. (a) In General.--Section 1400S(d)(2)(A) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and any'' and inserting ``any'', and (2) by inserting before the period at the end ``, and any qualified federally declared disaster individual''. (b) Qualified Federally Declared Disaster Individual.--Section 1400S(d)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(E) Qualified federally declared disaster individual.--The term `qualified federally declared disaster individual' means with respect to a federally declared disaster occurring after December 31, 2010, and before January 1, 2013, any individual-- ``(i) whose principal place of abode on the applicable date was located in the disaster area and such individual was displaced from such principal place of abode by reason of the federally declared disaster, or ``(ii) who performed substantially all employment services in the disaster area and was so employed on the applicable date. For purposes of the preceding sentence and paragraph (3)(D), the terms `federally declared disaster' and `disaster area' have the meanings given such terms in section 165(h)(3).''. (c) Applicable Date.--Section 1400S(d)(3) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by inserting after subparagraph (C) the following: ``(D) in the case of a qualified federally declared disaster individual, the date of the federally declared disaster.''. (d) Effective Date.--The amendments made by this section shall apply with respect to federally declared disasters occurring after December 31, 2010. SEC. 3. LOSSES ATTRIBUTABLE TO FEDERALLY DECLARED DISASTERS. (a) In General.--Section 1400S(b) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and (2)(A)'' in the matter preceding paragraph (1) and inserting ``, (2)(A), and (3)'', (2) by striking ``or'' at the end of paragraph (2), (3) by striking the period at the end of paragraph (3) and inserting ``, or'', and (4) by inserting after paragraph (3) the following new paragraph: ``(4) which arise in the disaster area (as defined in section 165(h)(3)(C)(ii)) and which are attributable to a federally declared disaster (as defined in section 165(h)(3)(C)(i)) occurring after December 31, 2010, and before January 1, 2013.''. (b) Effective Date.--The amendments made by this section shall apply with respect to federally declared disasters occurring after December 31, 2010. SEC. 4. ADDITIONAL EXEMPTION FOR HOUSING QUALIFIED FEDERALLY DECLARED DISASTER DISPLACED INDIVIDUALS. (a) In General.--In the case of taxable years of a natural person beginning in 2011 or 2012, for purposes of the Internal Revenue Code of 1986, taxable income shall be reduced by $500 for each qualified federally declared disaster displaced individual of the taxpayer for the taxable year. (b) Limitations.-- (1) Dollar limitation.--The reduction under subsection (a) shall not exceed $2,000, reduced by the amount of the reduction under this section for all prior taxable years. (2) Individuals taken into account only once.--An individual shall not be taken into account under subsection (a) if such individual was taken into account under such subsection by the taxpayer for any prior taxable year. (3) Identifying information required.--An individual shall not be taken into account under subsection (a) for a taxable year unless the taxpayer identification number of such individual is included on the return of the taxpayer for such taxable year. (c) Qualified Federally Declared Disaster Displaced Individual.-- For purposes of this section, the term ``qualified federally declared disaster displaced individual'' means, with respect to any taxpayer for any taxable year, any qualified federally declared disaster individual (as defined in section 1400S(d)(2)(E)(i)) if such individual is provided housing free of charge by the taxpayer in the principal residence of the taxpayer for a period of 60 consecutive days which ends in such taxable year. Such term shall not include the spouse or any dependent of the taxpayer. (d) Compensation for Housing.--No deduction shall be allowed under this section if the taxpayer receives any rent or other amount (from any source) in connection with the providing of such housing.

Tax Relief for Victims of Disasters Act of 2011 - Amends the Internal Revenue Code to extend disaster-related tax provisions relating to the child tax credit and the earned income tax credit, losses, and the individual tax exemption to a qualified federally declared disaster individual (defined to mean, with respect to a federally declared disaster after December 31, 2010, and before January 1, 2013, any individual whose principal place of abode was located in the disaster area, who was displaced by the disaster, and who was performing employment services in the disaster area).

To amend the Internal Revenue Code of 1986 to provide a look back rule in the case of federally declared disasters for determining earned income for purposes of the child tax credit and the earned income credit, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teachers and First Responders Back to Work Act of 2011''. TITLE I--TEACHER STABILIZATION SEC. 101. PURPOSE. The purpose of this title is to provide funds to States to prevent teacher layoffs and support the creation of additional jobs in public early childhood, elementary, and secondary education in the 2011-2012 and 2012-2013 school years. SEC. 102. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE INTERIOR; AVAILABILITY OF FUNDS. (a) Reservation of Funds.--From the amount appropriated to carry out this title under section 111, the Secretary-- (1) shall reserve up to one-half of one percent to provide assistance to the outlying areas on the basis of their respective needs, as determined by the Secretary, for activities consistent with this part under such terms and conditions as the Secretary may determine; (2) shall reserve up to one-half of one percent to provide assistance to the Secretary of the Interior to carry out activities consistent with this part, in schools operated or funded by the Bureau of Indian Education; and (3) may reserve up to $2,000,000 for administration and oversight of this part, including program evaluation. (b) Availability of Funds.--Funds made available under section 111 shall remain available to the Secretary until September 30, 2012. SEC. 103. STATE ALLOCATION. (a) Allocation.--After reserving funds under section 102(a), the Secretary shall allocate to the States-- (1) 60 percent on the basis of their relative population of individuals aged 5 through 17; and (2) 40 percent on the basis of their relative total population. (b) Awards.--From the funds allocated under subsection (a), the Secretary shall make a grant to the Governor of each State who submits an approvable application under section 104. (c) Alternate Distribution of Funds.-- (1) In general.--If, within 30 days after the date of enactment of this Act, a Governor has not submitted an approvable application to the Secretary, the Secretary shall, consistent with paragraph (2), provide for funds allocated to that State to be distributed to another entity or other entities in the State for the support of early childhood, elementary, and secondary education, under such terms and conditions as the Secretary may establish. (2) Maintenance of effort.-- (A) Governor assurance.--The Secretary shall not allocate funds under paragraph (1) unless the Governor of the State provides an assurance to the Secretary that the State will, for fiscal years 2012 and 2013, meet the requirements of section 108. (B) Special rule.--Notwithstanding subparagraph (A), the Secretary may allocate up to 50 percent of the funds that are available to the State under paragraph (1) to another entity or entities in the State, provided that the State educational agency submits data to the Secretary demonstrating that the State will for fiscal year 2012 meet the requirements of section 108(a) or the Secretary otherwise determines that the State will meet those requirements, or such comparable requirements as the Secretary may establish, for that year. (3) Requirements.--An entity that receives funds under paragraph (1) shall use those funds in accordance with the requirements of this title. (d) Reallocation.--If a State does not receive funding under this title or only receives a portion of its allocation under subsection (c), the Secretary shall reallocate the State's entire allocation or the remaining portion of its allocation, as the case may be, to the remaining States in accordance with subsection (a). SEC. 104. STATE APPLICATION. The Governor of a State desiring to receive a grant under this title shall submit an application to the Secretary within 30 days of the date of enactment of this Act, in such manner, and containing such information, as the Secretary may reasonably require to determine the State's compliance with applicable provisions of law. SEC. 105. STATE RESERVATION AND RESPONSIBILITIES. (a) Reservation.--Each State receiving a grant under section 103(b) may reserve-- (1) not more than 10 percent of the grant funds for awards to State-funded early learning programs; and (2) not more than 2 percent of the grant funds for the administrative costs of carrying out its responsibilities under this title. (b) State Responsibilities.--Each State receiving a grant under this title shall, after reserving any funds under subsection (a)-- (1) use the remaining grant funds only for awards to local educational agencies for the support of early childhood, elementary, and secondary education; and (2) distribute those funds, through subgrants, to its local educational agencies by distributing-- (A) 60 percent on the basis of the local educational agencies' relative shares of enrollment; and (B) 40 percent on the basis of the local educational agencies' relative shares of funds received under part A of title I of the Elementary and Secondary Education Act of 1965 for fiscal year 2011; and (3) make those funds available to local educational agencies no later than 100 days after receiving a grant from the Secretary. (c) Prohibitions.--A State shall not use funds received under this title to directly or indirectly-- (1) establish, restore, or supplement a rainy-day fund; (2) supplant State funds in a manner that has the effect of establishing, restoring, or supplementing a rainy-day fund; (3) reduce or retire debt obligations incurred by the State; or (4) supplant State funds in a manner that has the effect of reducing or retiring debt obligations incurred by the State. SEC. 106. LOCAL EDUCATIONAL AGENCIES. Each local educational agency that receives a subgrant under this title-- (1) shall use the subgrant funds only for compensation and benefits and other expenses, such as support services, necessary to retain existing employees, recall or rehire former employees, or hire new employees to provide early childhood, elementary, or secondary educational and related services; (2) shall obligate those funds no later than September 30, 2013; and (3) may not use those funds for general administrative expenses or for other support services or expenditures, as those terms are defined by the National Center for Education Statistics in the Common Core of Data, as of the date of enactment of this Act. SEC. 107. EARLY LEARNING. Each State-funded early learning program that receives funds under this title shall-- (1) use those funds only for compensation, benefits, and other expenses, such as support services, necessary to retain early childhood educators, recall or rehire former early childhood educators, or hire new early childhood educators to provide early learning services; and (2) obligate those funds no later than September 30, 2013. SEC. 108. MAINTENANCE OF EFFORT. (a) The Secretary shall not allocate funds to a State under this title unless the State provides an assurance to the Secretary that-- (1) for State fiscal year 2012-- (A) the State will maintain State support for early childhood, elementary, and secondary education (in the aggregate or on the basis of expenditure per pupil) and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students) at not less than the level of such support for each of the 2 categories for State fiscal year 2011; or (B) the State will maintain State support for early childhood, elementary, and secondary education and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students) at a percentage of the total revenues available to the State that is equal to or greater than the percentage provided for State fiscal year 2011; and (2) for State fiscal year 2013-- (A) the State will maintain State support for early childhood, elementary, and secondary education (in the aggregate or on the basis of expenditure per pupil) and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students) at not less than the level of such support for each of the two categories for State fiscal year 2012; or (B) the State will maintain State support for early childhood, elementary, and secondary education and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students) at a percentage of the total revenues available to the State that is equal to or greater than the percentage provided for State fiscal year 2012. (b) Waiver.--The Secretary may waive the requirements of this section if the Secretary determines that a waiver would be equitable due to-- (1) exceptional or uncontrollable circumstances, such as a natural disaster; or (2) a precipitous decline in the financial resources of the State. SEC. 109. REPORTING. Each State that receives a grant under this title shall submit, on an annual basis, a report to the Secretary that contains-- (1) a description of how funds received under this part were expended or obligated; and (2) an estimate of the number of jobs supported by the State using funds received under this title. SEC. 110. DEFINITIONS. In this title: (1) Except as otherwise provided, the terms ``local educational agency'', ``outlying area'', ``Secretary'', ``State'', and ``State educational agency'' have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) The term ``State'' does not include an outlying area. (3) The term ``early childhood educator'' means an individual who-- (A) works directly with children in a State-funded early learning program in a low-income community; (B) is involved directly in the care, development, and education of infants, toddlers, or young children age five and under; and (C) has completed a baccalaureate or advanced degree in early childhood development or early childhood education, or in a field related to early childhood education. (4) The term ``State-funded early learning program'' means a program that provides educational services to children from birth to kindergarten entry and receives funding from the State. SEC. 111. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated, and there are appropriated, $30,000,000,000 to carry out this title for fiscal year 2012. TITLE II--FIRST RESPONDER STABILIZATION SEC. 201. PURPOSE. The purpose of this title is to provide funds to States and localities to prevent layoffs of, and support the creation of additional jobs for, law enforcement officers and other first responders. SEC. 202. GRANT PROGRAM. The Attorney General shall carry out a competitive grant program pursuant to section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) for hiring, rehiring, or retention of career law enforcement officers under part Q of such title. Grants awarded under this section shall not be subject to subsections (g) or (i) of section 1701 or to section 1704 of such Act (42 U.S.C. 3796dd-3(c)). SEC. 203. APPROPRIATIONS. There are hereby appropriated to the Community Oriented Policing Stabilization Fund out of any money in the Treasury not otherwise obligated, $5,000,000,000, to remain available until September 30, 2012, of which $4,000,000,000 shall be for the Attorney General to carry out the competitive grant program under section 202; and of which $1,000,000,000 shall be transferred by the Attorney General to a First Responder Stabilization Fund from which the Secretary of Homeland Security shall make competitive grants for hiring, rehiring, or retention pursuant to the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), to carry out section 34 of such Act (15 U.S.C. 2229a). In making such grants, the Secretary may grant waivers from the requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4)(A) of section 34. Of the amounts appropriated herein, not to exceed $8,000,000 shall be for administrative costs of the Attorney General, and not to exceed $2,000,000 shall be for administrative costs of the Secretary of Homeland Security. TITLE III--SURTAX ON MILLIONAIRES SEC. 301. SURTAX ON MILLIONAIRES. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART VIII--SURTAX ON MILLIONAIRES ``Sec. 59B. Surtax on millionaires. ``SEC. 59B. SURTAX ON MILLIONAIRES. ``(a) General Rule.--In the case of a taxpayer other than a corporation for any taxable year beginning after 2012, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to 0.5 percent of so much of the modified adjusted gross income of the taxpayer for such taxable year as exceeds $1,000,000 ($500,000, in the case of a married individual filing a separate return). ``(b) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning after 2013, each dollar amount under subsection (a) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2011' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the next highest multiple of $10,000. ``(c) Modified Adjusted Gross Income.--For purposes of this section, the term `modified adjusted gross income' means adjusted gross income reduced by any deduction (not taken into account in determining adjusted gross income) allowed for investment interest (as defined in section 163(d)). In the case of an estate or trust, adjusted gross income shall be determined as provided in section 67(e). ``(d) Special Rules.-- ``(1) Nonresident alien.--In the case of a nonresident alien individual, only amounts taken into account in connection with the tax imposed under section 871(b) shall be taken into account under this section. ``(2) Citizens and residents living abroad.--The dollar amount in effect under subsection (a) shall be decreased by the excess of-- ``(A) the amounts excluded from the taxpayer's gross income under section 911, over ``(B) the amounts of any deductions or exclusions disallowed under section 911(d)(6) with respect to the amounts described in subparagraph (A). ``(3) Charitable trusts.--Subsection (a) shall not apply to a trust all the unexpired interests in which are devoted to one or more of the purposes described in section 170(c)(2)(B). ``(4) Not treated as tax imposed by this chapter for certain purposes.--The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``part viii. surtax on millionaires.''. (c) Section 15 Not to Apply.--The amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2012.

Teachers and First Responders Back to Work Act of 2011 - Directs the Secretary of Education to allocate grants to states and, through them, subgrants to local educational agencies (LEAs) for the costs of retaining, recalling, rehiring, or hiring employees to provide early childhood, elementary, or secondary education and related services. Allows states to reserve up to 10% of their grant for awards, for the same purposes, to state-funded early learning programs. Requires LEAs and state-funded early learning programs to obligate such funds by the close of FY2013. Prohibits the use of such grants to supplant state funding for education. Directs the Attorney General to carry out a competitive grant program pursuant to the Omnibus Crime Control and Safe Streets Act of 1968 for the hiring, rehiring, or retention of career law enforcement officers. Makes appropriations to the Community Oriented Policing Stabilization Fund to carry out such program and for transfer to a First Responder Stabilization Fund from which the Secretary of Homeland Security (DHS) shall make competitive grants for hiring additional firefighters pursuant to the Federal Fire Prevention Control Act of 1974. Amends the Internal Revenue Code to impose on individual taxpayers in taxable years beginning after 2012 an additional tax equal to 0.5% of so much of their modified adjusted gross income as exceeds $1 million. Defines "modified adjusted gross income" as adjusted gross income reduced by any deduction allowed for investment interest. Provides for an inflation adjustment to the $1 million threshold amount for taxable years beginning after 2013.

A bill to provide for teacher and first responder stabilization.