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Evaluation on the Hub 34

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Company Capital Formation Act of 2011''. SEC. 2. AUTHORITY TO EXEMPT CERTAIN SECURITIES. (a) In General.--Section 3(b) of the Securities Act of 1933 (15 U.S.C. 77c(b)) is amended-- (1) by striking ``(b) The Commission'' and inserting the following: ``(b) Additional Exemptions.-- ``(1) Small issues exemptive authority.--The Commission''; and (2) by adding at the end the following: ``(2) Additional issues.--The Commission shall by rule or regulation add a class of securities to the securities exempted pursuant to this section in accordance with the following terms and conditions: ``(A) The aggregate offering amount of all securities offered and sold within the prior 12-month period in reliance on the exemption added in accordance with this paragraph shall not exceed $50,000,000. ``(B) The securities may be offered and sold publicly. ``(C) The securities shall not be restricted securities within the meaning of the Federal securities laws and the regulations promulgated thereunder. ``(D) The civil liability provision in section 12(a)(2) shall apply to any person offering or selling such securities. ``(E) The issuer may solicit interest in the offering prior to filing any offering statement, on such terms and conditions as the Commission may prescribe in the public interest or for the protection of investors. ``(F) The Commission shall require the issuer to file audited financial statements with the Commission annually. ``(G) Such other terms, conditions, or requirements as the Commission may determine necessary in the public interest and for the protection of investors, which may include-- ``(i) a requirement that the issuer prepare and electronically file with the Commission and distribute to prospective investors an offering statement, and any related documents, in such form and with such content as prescribed by the Commission, including audited financial statements, a description of the issuer's business operations, its financial condition, its corporate governance principles, its use of investor funds, and other appropriate matters; and ``(ii) disqualification provisions under which the exemption shall not be available to the issuer or its predecessors, affiliates, officers, directors, underwriters, or other related persons, which shall be substantially similar to the disqualification provisions contained in the regulations adopted in accordance with section 926 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 77d note). ``(3) Limitation.--Only the following types of securities may be exempted under a rule or regulation adopted pursuant to paragraph (2): equity securities, debt securities, and debt securities convertible or exchangeable to equity interests, including any guarantees of such securities. ``(4) Periodic disclosures.--Upon such terms and conditions as the Commission determines necessary in the public interest and for the protection of investors, the Commission by rule or regulation may require an issuer of a class of securities exempted under paragraph (2) to make available to investors and file with the Commission periodic disclosures regarding the issuer, its business operations, its financial condition, its corporate governance principles, its use of investor funds, and other appropriate matters, and also may provide for the suspension and termination of such a requirement with respect to that issuer. ``(5) Adjustment.--Not later than 2 years after the date of enactment of the Small Company Capital Formation Act of 2011 and every 2 years thereafter, the Commission shall review the offering amount limitation described in paragraph (2)(A) and shall increase such amount as the Commission determines appropriate. If the Commission determines not to increase such amount, it shall report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on its reasons for not increasing the amount.''. (b) Treatment as Covered Securities for Purposes of NSMIA.--Section 18(b)(4) of the Securities Act of 1933 (15 U.S.C. 77r(b)(4)) is amended-- (1) in subparagraph (C), by striking ``; or'' at the end and inserting a semicolon; and (2) by redesignating subparagraph (D) as subparagraph (E), and inserting after subparagraph (C) the following: ``(D) a rule or regulation adopted pursuant to section 3(b)(2) and such security is-- ``(i) offered or sold on a national securities exchange; or ``(ii) offered or sold to a qualified purchaser, as defined by the Commission pursuant to paragraph (3) with respect to that purchase or sale.''. (c) Conforming Amendment.--Section 4(5) of the Securities Act of 1933 is amended by striking ``section 3(b)'' and inserting ``section 3(b)(1)''. SEC. 3. STUDY ON THE IMPACT OF STATE BLUE SKY LAWS ON REGULATION A OFFERINGS. The Comptroller General shall conduct a study on the impact of State laws regulating securities offerings, or ``Blue Sky laws'', on offerings made under Regulation A (17 CFR 230.251 et seq.). The Comptroller General shall transmit a report on the findings of the study to the Committee on Financial Services of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs of the Senate not later than 3 months after the date of enactment of this Act. Passed the House of Representatives November 2, 2011. Attest: KAREN L. HAAS, Clerk.

Small Company Capital Formation Act of 2011 - (Sec. 2) Amends the Securities Act of 1933 (Act) to direct the Securities and Exchange Commission (SEC) to exempt from its regulation a class of securities for which the aggregate offering amount of all securities sold within the prior 12-month period in reliance upon such exemption does not exceed $50 million. Restricts any such exemption to equity securities, debt securities, and debt securities convertible or exchangeable to equity interests, including any guarantees of such securities. Subjects to civil liability certain violations arising from offering or selling securities by use of prospectuses and communications. Authorizes the SEC to: (1) require an issuer of such exempted class of securities to make periodic disclosures available to investors regarding the issuer, its business operations, financial condition, corporate governance principles, and use of investor funds; (2) require the issuer to file electronically with the SEC and distribute to prospective investors an offering statement which includes this information; (3) provide for the suspension and termination of this disclosure requirement with respect to that issuer; and (4) prescribe exemption disqualification requirements, substantially similar to regulations adopted in accordance with the Dodd-Frank Wall Street Reform and Consumer Protection Act, under which the exemption shall not be available to the issuer and related persons, including predecessors, affiliates, officers, directors, and underwriters. Requires the SEC to: (1) review and increase biennially such offering amount limitation, as appropriate; and (2) report to certain congressional committees its reasons for not increasing the amount if it determines not to do so. Exempts from state regulation the securities covered and required exempted from SEC regulation by this Act. (Sec. 3) Directs the Comptroller General to study the impact of state laws regulating securities offerings (Blue Sky laws) on offerings made under Regulation A (which specifies the terms and conditions of exemption from the registration requirements of the Securities Act of 1933).

To amend the Securities Act of 1933 to require the Securities and Exchange Commission to exempt a certain class of securities from such Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Books Opening Opportunity for Knowledge Act of 2014'' or the ``E-BOOK Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) Rising costs are making it increasingly difficult for students and their families to afford a college education. (2) In addition to the growing price of tuition, fees, and room and board, the average college student in the United States must also spend more than $1,000 per year on textbooks and supplies. (3) New learning technologies in higher education provide a growing opportunity to reduce the cost of course materials for students and their families. (4) All students deserve the opportunity to obtain a high- quality education and acquire the skills needed to compete in 21st-century economy. SEC. 3. PURPOSE. The purpose of this Act is to identify savings in the cost of public college education for undergraduate students by funding pilot programs in institutions of higher education to provide expanded access to digital course materials as part of their academic programs. SEC. 4. GRANTS TO EXPAND ACCESS TO DIGITAL COURSE MATERIALS. Title VIII of the Higher Education Act of 1965 (20 U.S.C. 1161a et seq.) is amended by adding at the end the following new part: ``PART BB--GRANTS FOR THE EXPANSION OF ACCESS TO DIGITAL COURSE MATERIALS ``SEC. 891. GRANTS FOR ACCESS TO DIGITAL COURSE MATERIALS. ``(a) Grants Authorized.-- ``(1) In general.--From amounts made available by the Secretary pursuant to subsection (g), the Secretary may award grants on a competitive basis to not more than 10 institutions of higher education to reduce the cost of attendance for undergraduate students by providing such students with expanded access to digital course materials. ``(2) Amount of funds to be awarded.--The Secretary shall determine the amount of funds to be awarded for each grant based on the number of students to be served under the grant, except that no grant under this section shall be in an amount that is more than $2,000,000. ``(b) Application.--An institution desiring to obtain a grant under this section shall submit an application to the Secretary at such time, in such form, and accompanied by such information, agreements, and assurances as the Secretary may reasonably require. ``(c) Preference.--In awarding grants under this section, the Secretary shall give preference to applications that demonstrate a commitment to serving disadvantaged students. ``(d) Use of Funds.--Each grant awarded under this section shall provide to an institution of higher education funds to support a pilot program for the institution to make digital course materials available to undergraduate students in at least two different academic departments. Such funds may be used for any of the following: ``(1) Purchasing and maintaining electronic equipment or software necessary for the operation of the pilot program, including mobile computer devices and accompanying hardware, software applications, computer systems and platforms, digital and online content, online instruction, and other online services and support. ``(2) Purchasing and maintaining digital and online content for the institution to make available electronically to instructors or students, including paying any copyright fees associated with the digital distribution of physical course materials. ``(3) Hiring staff for the administration of the pilot program, with priority given to hiring enrolled undergraduate students. ``(4) Building or acquiring extra storage space dedicated to equipment used for the pilot program. ``(5) Revising and adapting academic curricula as needed to implement the pilot program. ``(6) Acquiring such other goods or services as the Secretary determines appropriate. ``(e) Reporting Requirements.-- ``(1) Report to the secretary.--After a period of time to be determined by the Secretary, each institution of higher education that receives a grant under this section shall submit to the Secretary a report that includes-- ``(A) an assessment of the effectiveness of the pilot program funded by the grant in reducing the cost of attendance for students; ``(B) an assessment of any impact of the pilot program on student achievement; ``(C) an accounting of the purposes for which the grant funds were expended; and ``(D) any additional information the Secretary reasonably requires. ``(2) Report to congress.--Not later than three years after the end of the first fiscal year in which a grant is awarded under this section, the Secretary shall submit to Congress a report on the effectiveness of the grants. Such report shall include-- ``(A) an estimate by the Secretary of the amount of money saved by students who participate in the pilot programs; ``(B) a summary of the best practices developed in the pilot programs; ``(C) a description of the types of digital course materials used in the pilot programs, including electronic books, interactive and adaptive digital learning tools, and open educational resources; and ``(D) any recommendations the Secretary determines appropriate regarding future congressional action related to student access to digital course materials. ``(f) Definitions.--In this section: ``(1) Cost of attendance.--The term `cost of attendance' has the meaning given the term in section 472. ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 101(a), except that such term only includes public institutions. ``(3) Digital course materials.--The term `digital course materials' includes electronic books, portable document format and word-processing documents, Internet websites, interactive and adaptive digital learning tools, open educational resources, and other digital and online educational resources. ``(4) Open educational resources.--The term `open educational resources' means digital course materials that are made freely available online to the public with a permanent copyright license granting advance permission for the public to access, distribute, adapt, and otherwise use the work with appropriate attribution to the authors as set forth in the materials. ``(5) Mobile computer device.--The term `mobile computer device' means an electronic reader or tablet computer. ``(6) Disadvantaged student.--The term `disadvantaged student' means an undergraduate student who is-- ``(A) from a low-income family; ``(B) a minority; or ``(C) from an economically or otherwise disadvantaged background. ``(g) Funding.--Of the funds made available in appropriation Acts for fiscal years 2015, 2016, and 2017 for the purpose of making competitive grants to institutions of higher education under this Act, the Secretary may make available to carry out this section not more than $20,000,000. ``(h) Sunset.--No grants may be awarded under this section after September 30, 2017.''.

Electronic Books Opening Opportunity for Knowledge Act of 2014 or the E-BOOK Act of 2014 - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to award competitive grants to up to 10 institutions of higher education (IHEs) to conduct pilot programs to reduce the cost of attendance for undergraduate students by expanding their access to digital course materials. Directs the Secretary to give a preference to applications that demonstrate a commitment to serving disadvantaged students. Requires grantees to make digital course materials available to undergraduate students in at least two different academic departments. Allows the IHEs to use the grant funds to: purchase and maintain the electronic equipment or software their pilot programs need; purchase and maintain the digital and online content that instructors or students will use; hire staff to administer their pilot programs, with priority given to hiring enrolled undergraduate students; build or acquire extra storage space for pilot program equipment; and revise and adapt academic curricula as needed to implement their pilot programs.

E-BOOK Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``SMA Treatment Acceleration Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Spinal muscular atrophy (SMA) is the number one genetic killer of children under the age of 2. (2) SMA is an inherited and often fatal disease that destroys the nerves controlling voluntary muscle movement, which affects crawling, walking, head and neck control, and even swallowing. (3) It is estimated that SMA occurs in nearly 1 of every 6,000 births and is therefore similar in incidence and severity to other well-known genetic diseases such as cystic fibrosis and Duchenne muscular dystrophy, both of which may also benefit from additional focus and progress on SMA. (4) SMA is caused by the mutation of a single gene. This is extremely advantageous for genetic screening and therapeutic development. The gene mutation that causes SMA is carried by one in every 40 people, or approximately 7,500,000 Americans. Each child of 2 carriers of the mutant gene has a 1 in 4 chance of developing SMA. (5) The discovery of the gene responsible for the disease, SMN1, as well as a disease modifying ``back-up'' SMN2 gene has opened the door to new SMA treatments. Modulating genes exist not only for SMA but also for other genetic disorders, including Duchenne Muscular Dystrophy, Parkinson's, and Alzheimer's disease. The modulation of these genes might be expected to impact these disorders. Success with SMN2 induction for SMA will serve as an important proof of principle and impetus for ongoing research in these other conditions. (6) Based on the advanced genetic understanding of SMA, the disease was selected by the National Institutes of Health (NIH) and the National Institute of Neurological Disorders and Stroke (NINDS) as the prototype for the National Institutes of Health's accelerated drug discovery effort, singling out SMA as the disease closest to treatment of more than 600 neurological disorders. (7) In 2003, the National Institute of Neurological Disorders and Stroke (NINDS) established the Spinal Muscular Atrophy Project: A Collaborative Program to Accelerate Therapeutics Development for SMA. The SMA Project's unique collaborative process between private, public, and non-profit partners provides a model translational research program that can be replicated to accelerate the development of safe and effective treatments for a wide variety of disorders. (8) National non-profit organizations dedicated to finding a treatment and cure for SMA continue to provide substantial private funding and are collaborating with private biotechnology companies, large pharmaceutical companies, and clinical investigators to identify new drug compounds and facilitate the rapid translation of promising new therapies to individuals with SMA. The aforementioned investment by national non-profit organizations towards finding a treatment and cure for SMA is approximately equal, on an annual basis, to the resources committed by the Federal Government. (9) A Food and Drug Administration-approved SMA animal model exists that closely mimics the human disease. A number of therapeutics have been identified which are effective in animal models of spinal muscular atrophy. (10) There is an urgent need to provide Federal support enabling investigators to mount national clinical trials to demonstrate that these treatments are safe and effective for SMA patients. (11) The establishment and support of a national clinical trials network and a data coordinating center will promote rigorous patient evaluation using common protocols and allow investigators to study large numbers of patients to provide answers more rapidly than individual sites acting alone. (12) There is a demonstrated need for greater interagency coordination on SMA research and involvement by additional government partners to support the ongoing work of NINDS on the SMA Project as well the work of private SMA voluntary organizations, including most notably the need for active engagement by the National Institute of Child Health and Human Development (NICHD), along with support from the National Center for Research Resources, the Centers for Disease Control and Prevention, the Food and Drug Administration, and the Health Resources and Services Administration (13) Despite such landmark legislation as the Orphan Drug Act and the Best Pharmaceuticals for Children Act, additional incentives for industry to engage early in the drug development process and through to drug approval are warranted for diseases as severe and devastating in infant and children populations as SMA. (14) Educating the public and health care community throughout the country about this devastating disease is of paramount importance and is in every respect in the public interest and to the benefit of all communities. Furthermore, greater awareness of SMA may lead to the identification of pre- symptomatic SMA-afflicted children, which has significant benefits relative to clinical trials and the search for a treatment and cure. SEC. 3. CLINICAL TRIALS NETWORK FOR SPINAL MUSCULAR ATROPHY. (a) Clinical Trials Network.--The Director of NIH, in coordination with the Directors of the National Institute of Neurological Disorders and Stroke and the National Institute of Child Health and Human Development, shall provide for the upgrading and unification of existing SMA clinical trial sites to establish a national clinical trials network for SMA. The Director of NIH shall ensure that such network-- (1) conducts coordinated, multisite, clinical trials of pharmacological approaches to the treatment of SMA; and (2) rapidly and efficiently disseminates scientific findings to the field. (b) Data Coordinating Center.--The Director of NIH, in coordination with the Directors of the National Institute of Neurological Disorders and Stroke and the National Institute of Child Health and Human Development, shall establish a data coordinating center with respect to SMA to-- (1) provide expert assistance in the design, conduct, data analysis, and data management of collaborative clinical and descriptive research projects; (2) provide appropriate and capable leadership and expertise in biostatistics, developmental study design, data management, data analysis, and project management, including staff and site training and quality assurance procedures; (3) provide research support activities in designing data collection modules, operational and procedure manuals, quality control systems, and a communications system for clinical site principal investigators, research coordinators, and other network staff; (4) organize and conduct multi-site monitoring activities; and (5) provide regular reports to the National Institute of Neurological Disorders and Stroke and the National Institute of Child Health and Human Development on enrollment and the allocation of resources. (c) Pre-Clinical Activities.--The Director of NIH, in coordination with the Directors of the National Institute of Neurological Disorders and Stroke and the National Institute of Child Health and Human Development, shall expand and intensify programs of such Institutes with respect to pre-clinical translation research and medicinal chemistry related to SMA. SEC. 4. NATIONAL PATIENT REGISTRY. (a) In General.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall enhance and provide ongoing support to the existing SMA patient registry to provide for expanded research on the epidemiology of SMA. (b) Longitudinal Data.--In carrying out subsection (a), the Secretary shall ensure the collection and analysis of longitudinal data related to individuals of all ages with SMA, including infants, young children, adolescents, and adults of all ages. SEC. 5. NIH COORDINATING COMMITTEE ON SMA. (a) Coordinating Committee.-- (1) In general.--The Secretary shall establish the Spinal Muscular Atrophy Coordinating Committee to coordinate activities across the National Institutes of Health and with other Federal health programs and activities relating to SMA. (2) Composition.--The Coordinating Committee shall consist of not more than 15 members to be appointed by the Secretary, of which-- (A) 2/3 of such members shall represent governmental agencies, including-- (i) the Directors (or their designees) of the National Institute of Neurological Disorders and Stroke, the National Institute of Child Health and Human Development, other national research institutes involved in research with respect to SMA, and the National Center for Research Resources; (ii) representatives of all other Federal departments, agencies, and advisory committees whose programs involve health functions or responsibilities relevant to SMA, including the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Food and Drug Administration, and the Advisory Committee on Heritable Disorders and Genetic Diseases in Newborns and Children; and (iii) representatives of other governmental agencies that serve children with SMA, such as the Department of Education; and (B) 1/3 of such members shall be public members, including a broad cross section of persons affected with SMA, including parents or legal guardians, affected individuals, researchers, and clinicians. (3) Term.--Members of the Coordinating Committee appointed under paragraph (2)(B) shall be appointed for a term of 3 years, and may serve for an unlimited number of terms if reappointed. (4) Chair.-- (A) In general.--With respect to SMA, the Chair of the Coordinating Committee shall serve as the principal advisor to the Secretary, the Assistant Secretary for Health, and the Director of NIH, and shall provide advice to the Director of the Centers for Disease Control and Prevention, the Commissioner of Food and Drugs, and to the heads of other relevant agencies. (B) Appointment.--The Secretary shall appoint the Chair of the Coordinating Committee from among individuals nominated by the Coordinating Committee. The Chair shall be appointed for a term not to exceed 2 years and may be reappointed for not more than 1 additional term. (5) Administrative support; terms of service; other provisions.--The following shall apply with respect to the Coordinating Committee: (A) The Secretary shall provide the Coordinating Committee with necessary and appropriate administrative support. (B) The Coordinating Committee shall meet as determined appropriate by the Secretary, in consultation with the Chair of the Coordinating Committee, but no less than twice each year. (b) Study on Barriers to Drug Development.-- (1) Study.--The Coordinating Committee shall conduct a study to identify current and potential future barriers to the development of drugs for treating SMA and other similar genetic disorders. Such study shall-- (A) identify barriers related to the activities of government, industry, and academic medicine; (B) include substantial input from scientists and organizations with direct involvement in SMA research and drug development; and (C) consider obstacles to drug development at all points along the research continuum from preclinical research to new drug approval. (2) Report to congress.--Not later than 1 year after the date of the enactment of this Act, the Coordinating Committee shall submit to the Congress a report on the results of the study described in paragraph (1) together with such recommendations for legislation or administrative action as the Coordinating Committee determines appropriate. SEC. 6. NIH TRANS-INSTITUTE COLLABORATION ON SMA RESEARCH. (a) In General.--To ensure the success of the SMA Project that was initiated and has been led by National Institute of Neurological Disorders and Stroke, the Director of NIH shall establish a trans- National Institutes of Health cooperative research initiative on SMA. (b) Duties.--The cooperative research initiative established under subsection (a) shall consist of the following activities: (1) The Director of the National Institute of Neurological Disorders and Stroke shall report to the Director of NIH on the ongoing needs of the SMA Project and required next steps to ensure the continued success of the Project. (2) Based on the needs of the SMA Project identified in the report required by paragraph (1), the Director of the National Institute of Child Health and Human Development shall provide direct and ongoing support of SMA research and drug development. (3) The Director of NIH shall identify and promote opportunities for greater collaboration and involvement in SMA research and drug development by other national research institutes. SEC. 7. DRUG DEVELOPMENT PROMOTION. Not later than 6 months after the date of the enactment of this Act, the Secretary, in direct consultation with the Commissioner of Food and Drugs and the Coordinating Committee, shall submit specific recommendations to the Congress to improve and expand on the incentives provided pursuant to the Orphan Drug Act (Public Law 97-414) and related statutes to directly and indirectly promote SMA drug development, such as through the creation of unique incentives for rare pediatric treatments. SEC. 8. EDUCATION AND AWARENESS ON SMA FOR HEALTH CARE PROFESSIONALS. (a) In General.--The Secretary shall establish and implement a program to provide information and education on SMA to health professionals and the general public, including information and education on advances in the diagnosis and treatment of SMA and training and continuing education through programs for scientists, physicians, medical students, and other health professionals who provide care for patients with SMA. (b) Stipends.--The Secretary may award stipends to health professionals who are enrolled in training programs under this section. SEC. 9. DEFINITIONS. In this Act: (1) The term ``Director of NIH'' means the Director of the National Institutes of Health. (2) The term ``Coordinating Committee'' means the Spinal Muscular Atrophy Coordinating Committee. (3) The term ``Secretary'' means the Secretary of Health and Human Services. (4) The term ``SMA'' means spinal muscular atrophy.

SMA Treatment Acceleration Act - Requires the Director of the National Institutes of Health (NIH) to upgrade and unify existing spinal muscular atrophy (SMA) clinical trial sites to establish a national clinical trials network for SMA. Requires the Director of NIH to ensure that such network: (1) conducts coordinated, multisite, clinical trials of pharmacological approaches to the treatment of SMA; and (2) rapidly and effectively disseminates scientific findings to the field. Requires the Director of NIH to: (1) establish an SMA data coordinating center; and (2) expand and intensify NIH programs with respect to preclinical translation research and medicinal chemistry related to SMA. Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to enhance and provide ongoing support to the existing SMA patient registry to provide for expanded research on the epidemiology of SMA. Directs the Secretary to ensure the collection and analysis of longitudinal data related to individuals of all ages with SMA. Requires the Secretary to establish the Spinal Muscular Atrophy Coordinating Committee to: (1) coordinate activities across NIH and with other federal health programs and activities relating to SMA; and (2) conduct a study to identify barriers to the development of drugs for treating SMA and similar genetic disorders. Requires the Director of NIH to establish a trans-National Institutes of Health cooperative research initiative on SMA to ensure the success of the SMA projects led by the National Institute of Neurological Disorders and Stroke. Requires the Secretary to submit recommendations to Congress to improve and expand on incentives provided under the Orphan Drug Act and related statutes to promote SMA drug development.

To authorize the Secretary of Health and Human Services to conduct activities to rapidly advance treatments for spinal muscular atrophy, neuromuscular disease, and other pediatric diseases, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare+Choice Improvement and Stabilization Act of 2001''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Payment reforms for 2003. Sec. 3. Change in Medicare+Choice reporting deadlines and annual, coordinated election period and delay in lock-in provisions. Sec. 4. Avoiding duplicative State regulation. Sec. 5. Demonstration projects for preferred provider organizations, point-of-service plans, MSA plans, and disease management programs. Sec. 6. Suspension of limitation for program reentry for 2003 and 2004. Sec. 7. Specialized Medicare+Choice plans for special needs beneficiaries. SEC. 2. PAYMENT REFORMS FOR 2003. (a) Payment Based on 100 Percent of Fee-for-Service Costs.-- (1) In general.--Section 1853(c)(1) of the Social Security Act (42 U.S.C. 1395w-23(c)(1)) is amended by adding at the end the following: ``(D) Based on 100 percent of fee-for-service costs for 2003.--For 2003 only, the adjusted average per capita cost for that year, determined under section 1876(a)(4) for the Medicare+Choice payment area for services covered under parts A and B for individuals entitled to benefits under part A and enrolled under part B who are not enrolled in a Medicare+Choice plan under this part for the year, subject to the same adjustment as is provided to the annual per capita rate payment under paragraph (3)(B).''. (2) Conforming amendment.--Such section is further amended in the matter before subparagraph (A), by striking ``or (C)'' and inserting ``(C), or (D)''. (b) Revision of National Average Used in Calculation of Blend.-- Section 1853(c)(4)(B)(i)(II) of such Act (42 U.S.C. 1395w- 23(c)(4)(B)(i)(II)) is amended by inserting ``who (with respect to determinations for 2003) are enrolled in a Medicare+Choice plan'' after ``the average number of medicare beneficiaries''. (c) Elimination of Budget Neutrality.--Section 1853(c) of such Act (42 U.S.C. 1395w-23(c)) is amended-- (1) in paragraph (1)(A), by inserting ``(for a year other than 2003)'' after ``multiplied''; and (2) in paragraph (5), by inserting ``(other than 2003)'' after ``for each year''. SEC. 3. CHANGE IN MEDICARE+CHOICE REPORTING DEADLINES AND ANNUAL, COORDINATED ELECTION PERIOD AND DELAY IN LOCK-IN PROVISIONS. (a) Change in Reporting Deadline.--Section 1854(a)(1) of the Social Security Act (42 U.S.C. 1395w-24(a)(1)) is amended by striking ``July 1'' and inserting ``the third Monday in September''. (b) Delay in Annual, Coordinated Election Period.--Section 1851(e)(3)(B) of such Act (42 U.S.C. 1395w-21(e)(3)(B)) is amended by striking ``(beginning with 2000), the month of November before such year'' and inserting ``, the period beginning on November 15 and ending on December 31 of the year before such year''. (c) 1-Year Delay in Lock-In.--Section 1851(e) of such Act (42 U.S.C. 1395w-21(e)) is amended-- (1) in paragraph (2)(A)-- (A) by striking ``and 2001,'' and inserting ``, 2001, and 2002''; and (B) in the heading, by striking ``2001'' and inserting ``2002''; (2) in paragraph (2)(B)-- (A) in clause (i), by striking ``2002'' each place it appears and inserting ``2003''; and (B) in the heading that precedes clause (i), by striking ``2002'' and inserting ``2003''; (3) in paragraph (2)(C)(i), by striking ``2002'' each place it appears and inserting ``2003''; and (4) in paragraph (4)-- (A) in the matter preceding subparagraph (A), by striking ``2002'' and inserting ``2003''; and (B) in the second sentence, by striking ``2002'' and inserting ``2003''. (d) Effective Date.--The amendments made by this section shall take effect on January 1, 2002. SEC. 4. AVOIDING DUPLICATIVE STATE REGULATION. (a) In General.--Section 1856(b)(3) of the Social Security Act (42 U.S.C. 1395w-26(b)(3)) is amended to read as follows: ``(3) Relation to state laws.--The standards established under this subsection shall supersede any State law or regulation (other than State licensing laws or State laws relating to plan solvency) with respect to Medicare+Choice plans which are offered by Medicare+Choice organizations under this part.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 5. DEMONSTRATION PROJECTS FOR PREFERRED PROVIDER ORGANIZATIONS, POINT-OF-SERVICE PLANS, MSA PLANS, AND DISEASE MANAGEMENT PROGRAMS. (a) In General.--The Secretary of Health and Human Services shall conduct a demonstration program (in this section referred to as the ``demonstration program'') under which payment rules to Medicare+Choice organizations under section 1853 of the Social Security Act are modified in order to promote the offering of Medicare+Choice plans by preferred provider organizations under the Medicare+Choice program, the offering of Medicare+Choice plans that provide point-of-service coverage for other than participating providers, and the offering of MSA plans and to promote the use of disease management programs by Medicare+Choice plans. (b) Projects.--Under the demonstration program, the Secretary shall provide for 10 demonstration projects. Each project shall extend over a period of not to exceed 3 years. Of the demonstration projects conducted under the demonstration, to the extent feasible, at least one such project shall promote the offering of a Medicare+Choice plan by a preferred provider organization, at least one project shall promote the offering of a Medicare+Choice plan that provides point-of-service coverage for other than participating providers, and at least two projects shall promote the offering of a MSA plan. (c) Risk-Sharing Arrangements.--Under the demonstration program, the Secretary may provide for the assumption of portions of the financial risk under a split or partial risk-sharing arrangement. (d) Waiver Authority.--The Secretary is authorized to waive such provisions of section 1853 of the Social Security Act (and related provisions of part C of title XVIII of such Act) as the Secretary determines to be necessary to conduct the demonstration program under this section. (e) Evaluation and Report.-- (1) Evaluation.--The Secretary shall provide for an evaluation of the demonstration program conducted under this section and its impact on enrollment, particularly in areas not previously served by Medicare+Choice plans. (2) Report.--The Secretary shall submit to Congress a report on the demonstration program and its evaluation. Such report shall include an assessment of the costs and savings to the medicare program as a result of the demonstration program and may include such recommendations for changes in the Medicare+Choice program as the Secretary deems appropriate. SEC. 6. SUSPENSION OF LIMITATION FOR PROGRAM REENTRY FOR 2003 AND 2004. Section 1857(c)(4) of the Social Security Act (42 U.S.C. 1395w- 27(c)(4)) is amended-- (1) in subparagraph (A), by striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and (C)''; and (2) by adding at the end the following new subparagraph: ``(C) Applicability in certain years.--Subparagraph (A) shall not apply for contracts entered into for contract year 2003 or 2004.''. SEC. 7. SPECIALIZED MEDICARE+CHOICE PLANS FOR SPECIAL NEEDS BENEFICIARIES. (a) Treatment as Coordinated Care Plan.--Section 1851(a)(2)(A) of the Social Security Act (42 U.S.C. 1395w-21(a)(2)(A)) is amended by adding at the end the following new sentence: ``Specialized Medicare+Choice plans for special needs beneficiaries (as defined in section 1859(b)(4)) may be any type of coordinated care plan.''. (b) Specialized Medicare+Choice Plan for Special Needs Beneficiaries Defined.--Section 1859(b) of such Act (42 U.S.C. 1395w- 29(b)) is amended by adding at the end the following new paragraph: ``(4) Specialized medicare+choice plans for special needs beneficiaries.-- ``(A) In general.--The term `specialized Medicare+Choice plan for special needs beneficiaries' means a Medicare+Choice plan that exclusively serves special needs beneficiaries (as defined in subparagraph (B)). ``(B) Special needs beneficiary.--The term `special needs beneficiary' means a Medicare+Choice eligible individual who-- ``(i) is institutionalized (as defined by the Secretary); ``(ii) is entitled to medical assistance under a State plan under title XIX; or ``(iii) meets such requirements as the Secretary may determine would benefit from enrollment in such a specialized Medicare+Choice plan described in subparagraph (A) for individuals with severe or disabling chronic conditions.''. (c) Restriction on Enrollment Permitted.--Section 1859 of such Act (42 U.S.C. 1395w-29) is amended by adding at the end the following new subsection: ``(f) Restriction on Enrollment for Specialized Medicare+Choice Plans for Special Needs Beneficiaries.--In the case of a specialized Medicare+Choice plan (as defined in subsection (b)(4)), notwithstanding any other provision of this part and in accordance with regulations of the Secretary and for periods before January 1, 2007, the plan may restrict the enrollment of individuals under the plan to individuals who are within one or more classes of special needs beneficiaries.''. (d) Report to Congress.--Not later than December 31, 2005, the Secretary of Health and Human Services shall submit to Congress a report that assesses the impact of specialized Medicare+Choice plans for special needs beneficiaries on the cost and quality of services provided to enrollees. Such report shall include an assessment of the costs and savings to the medicare program as a result of amendments made by subsections (a), (b), and (c). (e) Effective Dates.-- (1) In general.--The amendments made by subsections (a), (b), and (c) shall take effect upon the date of the enactment of this Act. (2) Deadline for issuance of requirements for special needs beneficiaries; transition.--No later than September 1, 2002, the Secretary of Health and Human Services shall issue final regulations to establish requirements for special needs beneficiaries under section 1859(b)(4)(B)(iii) of the Social Security Act, as added by subsection (b). (f) Extension of Municipal Health Service Demonstration Projects.-- The last sentence of section 9215(a) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (42 U.S.C. 1395b-1 note), as previously amended, is amended by striking ``December 31, 2004, but only with respect to'' and all that follows and inserting ``December 31, 2009, but only with respect to individuals who reside in the city in which the project is operated and so long as the total number of individuals participating in the project does not exceed the number of such individuals participating as of January 1, 1996.''.

Medicare+Choice Improvement and Stabilization Act of 2001 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act (SSA) to make each annual Medicare+Choice capitation rate for a Medicare+Choice payment area for a contract year equal to the largest of the amounts specified under current law or, for 2003, 100 percent of the fee-for-service costs for the Medicare+Choice payment area for services covered under Medicare parts A (Hospital Insurance) or B (Supplementary Medical Insurance) for individuals entitled to benefits under part A and enrolled under part B who are not enrolled in a Medicare+Choice plan under this part for the year.Revises the calculation of the national standardized annual Medicare+Choice capitation rate used in determining the input-price-adjusted annual national Medicare+Choice capitation rate for a Medicare+Choice payment area for calculation of annual Medicare+Choice capitation rates for 2003.Eliminates budget neutrality in such calculation for a year other than 2003. Modifies requirements for establishment of standards (other than solvency standards) for provider-sponsored organizations for Medicare+Choice organizations and plans in relation to State laws to avoid duplicative State regulation.Directs the Secretary of Health and Human Services to conduct a demonstration program under which payment rules for Medicare+Choice organizations are modified in order to promote: (1) the offering of Medicare+Choice plans by preferred provider organizations, of Medicare+Choice plans that provide point-of-sale coverage for other than participating providers, and of MSA plans: and (2) the use of disease management programs by Medicare+Choice plans.Amends SSA title XVII part C to: (1) suspend the limitation for program reentry for Medicare+Choice organizations for 2003 and 2004; and (2) set forth rules governing specialized Medicare+Choice plans for special needs beneficiaries.Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to provide for extension of municipal health service demonstration projects.

To amend title XVIII of the Social Security Act to improve payments and regulation under the Medicare+Choice Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Construction Reform, Authorization, and Choice Improvement Act of 2015''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS CONSTRUCTION REFORMS. (a) Project Management.--Section 8103 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(e) In the case of any super construction project (as such term is defined in section 8104(a)(4)(C)), the Secretary shall enter into an agreement with an appropriate non-Department entity to provide full project management services for the super construction project.''. (b) Application of Industry Standards.--Section 8103 of title 38, United States Code, as amended by subsection (a) is further amended by adding at the end the following new subsection: ``(f) To the maximum extent practicable, the Secretary shall use industry standards, standard designs, and best practices in carrying out the construction of medical facilities.''. (c) Limitation on Planning and Design for Super Construction Projects.--Section 8104(a) of title 38, United States Code, is amended-- (1) by redesignating paragraph (3) as paragraph (4); (2) by inserting after paragraph (2) the following new paragraph (3): ``(3) The Secretary may not obligate or expend funds for advance planning or design for any super construction project, until the date that is 60 days after the date on which the Secretary submits to the Committee on Veterans' Affairs and the Committee on Appropriations of the Senate and the Committee on Veterans' Affairs and the Committee on Appropriations of the House of Representatives notice of such obligation or expenditure.''; and (3) in paragraph (4), as redesignated by paragraph (1) of this subsection, by adding at the end the following new subparagraph: ``(C) The term `super construction project' means a project for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $100,000,000, but such term does not include an acquisition by exchange.''. (d) Congressional Approval of Certain Projects.-- (1) Projects that exceed specified amount.--Subsection (c) of section 8104 of title 38, United States Code, is amended to read as follows: ``(c) The Secretary may not obligate funds for a major medical facility project or a super construction project approved by a law described in subsection (a)(2) in an amount that would cause the total amount obligated for that project to exceed the amount specified in the law for that project (or would add to total obligations exceeding such specified amount) by more than 10 percent unless the Committee on Veterans' Affairs and the Committee on Appropriations of the Senate and the Committee on Veterans' Affairs and the Committee on Appropriations of the House of Representatives each approve in writing the obligation of those funds.''. (2) Use of extra amounts.--Subsection (d) of such section is amended-- (A) in paragraph (2)(B), in the matter preceding clause (i), by striking ``Whenever'' and inserting ``Before''; and (B) by adding at the end the following new paragraph: ``(3) The Secretary may not obligate any funds described in paragraph (1) or amounts described in paragraph (2) before the date that is 30 days after the notification submitted under paragraph (1) or paragraph (2)(B), as the case may be, unless the Committee on Veterans' Affairs and the Committee on Appropriations of the Senate and the Committee on Veterans' Affairs and the Committee on Appropriations of the House of Representatives each approve in writing the obligation of those funds or amounts.''. (3) Notification requirements.-- (A) Committees required.--Subsection (d)(1) of such section is amended by striking ``each committee'' and inserting ``the Committee on Veterans' Affairs and the Committee on Appropriations of the Senate and the Committee on Veterans' Affairs and the Committee on Appropriations of the House of Representatives''. (B) Use of amounts from bid savings.--Subsection (d)(2)(B) of such section is amended by adding at the end the following new clause: ``(iv) With respect to the major construction project that is the source of the bid savings-- ``(I) the amounts already obligated or available in the project reserve for such project; ``(II) the percentage of such project that has been completed; and ``(III) the amount of such bid savings that is already obligated or otherwise being used for a purpose other than such project.''. (e) Quarterly Report on Super Construction Projects.-- (1) In general.--At the end of subchapter I of chapter 81 of title 38, United States Code, insert the following new section: ``Sec. 8120. Quarterly report on super construction projects ``(a) Quarterly Reports Required.--Not later than 30 days after the last day of each fiscal quarter the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives on the super construction projects carried out by the Secretary during such quarter. Each such report shall include, for each such project-- ``(1) the budgetary and scheduling status of the project, as of the last day of the quarter covered by the report; and ``(2) the actual cost and schedule variances of the project, as of such day, compared to the planned cost and schedules for the project. ``(b) Super Construction Project Defined.--In this section, the term `super construction project' has the meaning given such term in section 8103(a)(4)(C) of this title.''. (2) Clerical amendment.--The table of sections at the beginning of the chapter is amended by adding at the end of the items relating to such subchapter the following new item: ``8120. Quarterly report on super construction projects.''. (f) Accelerated Master Planning for Each Medical Facility of the Department of Veterans Affairs.-- (1) Existing facilities.--Not later than December 31, 2016, the Secretary of Veterans Affairs shall complete a master plan described in paragraph (3) for each medical facility of the Department of Veterans Affairs. (2) New facilities.--For each medical facility of the Department for which construction is completed after the date of the enactment of this Act, the Secretary shall complete a master plan described in paragraph (3) for the facility by not later than the earlier of the following dates: (A) The date on which activation is completed. (B) The date of the formal dedication of the facility. (3) Master plan described.--A master plan described in this paragraph is, with respect to a medical facility of the Department, a plan to inform investment decisions and funding requests over a 10-year period for construction projects at such medical facility-- (A) to meet the health care needs of a changing veteran population through a combination of health care from the Department and other community resources; and (B) to maximize the best use of the land and structures comprising such medical facility. SEC. 3. CLARIFICATION OF DISTANCE REQUIREMENT FOR EXPANDED AVAILABILITY OF HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS THROUGH THE USE OF AGREEMENTS WITH NON-DEPARTMENT OF VETERANS AFFAIRS ENTITIES. (a) In General.--Section 101(b)(2) of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701 note) is amended-- (1) in subparagraph (B), by inserting ``(as calculated based on distance traveled)'' after ``40 miles''; and (2) in subparagraph (D)(ii), by striking subclause (II), and inserting the following new subclause (II): ``(II) faces an unusual or excessive burden in traveling to such a medical facility of the Department based on-- ``(aa) geographical challenges; ``(bb) environmental factors, such as roads that are not accessible to the general public, traffic, or hazardous weather; ``(cc) a medical condition that impacts the ability to travel; or ``(dd) other factors, as determined by the Secretary.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and apply with respect to care or services provided on or after such date. SEC. 4. MODIFICATION OF AUTHORIZATION OF FISCAL YEAR 2008 MAJOR MEDICAL FACILITY PROJECT AT DEPARTMENT MEDICAL CENTER IN TAMPA, FLORIDA. In chapter 3 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 122 Stat. 2326), in the matter under the heading ``Department of Veterans Affairs-Departmental Administration- Construction, Major Projects'', after ``Five Year Capital Plan'' insert the following: ``and for constructing a new bed tower at the Department of Veterans Affairs medical center in Tampa, Florida, in lieu of providing bed tower upgrades at such medical center''. SEC. 5. AUTHORIZATION OF FISCAL YEAR 2015 MAJOR MEDICAL FACILITY PROJECTS. (a) Authorization.--The Secretary of Veterans Affairs may carry out the following major medical facility projects in fiscal year 2015, with each project to be carried out in an amount not to exceed the amount specified for that project: (1) Construction of a community living center, outpatient clinic, renovated domiciliary, and renovation of existing buildings in Canandaigua, New York, in an amount not to exceed $158,980,000. (2) Seismic corrections to the mental health and community living center in Long Beach, California, in an amount not to exceed $126,100,000. (3) Seismic correction of 12 buildings in West Los Angeles, California, in an amount not to exceed $70,500,000. (4) Construction of a spinal cord injury building and seismic corrections in San Diego, California, in an amount not to exceed $205,840,000. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2015 or the year in which funds are appropriated for the Construction, Major Projects, account, a total of $561,420,000 for the projects authorized in subsection (a). SEC. 6. PERMANENT AUTHORITY FOR EXPANDED AVAILABILITY OF HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS THROUGH THE USE OF AGREEMENTS WITH NON-DEPARTMENT OF VETERANS AFFAIRS ENTITIES. (a) In General.--Section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701 note) is amended-- (1) by striking subsection (p); and (2) by redesignating subsections (q) through (s) as subsections (p) through (r), respectively. (b) Conforming Amendments.--Such section is further amended-- (1) in subsection (i)(2), by striking ``is authorized to carry out this section pursuant to subsection (p)'' and inserting ``carries out this section''; and (2) in subsection (q)(2), by striking subparagraph (F). SEC. 7. SENSE OF CONGRESS REGARDING VETERANS CHOICE FUND. Section 802(e) of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 128 Stat. 1803) is amended by striking ``for each of fiscal years 2015 through 2017''.

Construction Reform, Authorization, and Choice Improvement Act of 2015 This bill requires the Department of Veterans Affairs (VA) to: (1) enter into an agreement with an appropriate non-VA entity to provide full project management services for a super construction project; and (2) use industry standards, standard designs, and best practices in carrying out medical facility construction. A super construction project is one for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $100 million (but does not include an acquisition by exchange). The VA is prohibited from: obligating or expending funds for advance planning or design for any super construction project until 60 days after congressional notification, obligating funds for a major medical facility project or a super construction project by more than 10% of the amount approved by law unless certain congressional committees each approve the obligation, and using bid savings amounts or funds for other than their original purpose before 30 days after notifying such committees unless each committee approves the obligation. The VA must complete a master plan for each VA medical facility meeting specified requirements to inform investment decisions and funding requests over a 10-year period for construction projects at the facility. The 40-mile distance requirement for a veteran to use a non-VA medical facility under the veterans choice program of the Veterans Access, Choice, and Accountability Act of 2014 means 40 miles calculated on the basis of distance traveled. The VA may carry out the following major medical facility projects in FY2015 (with each project not to exceed specified amounts): construction of a community living center, outpatient clinic, renovated domiciliary, and renovation of existing buildings in Canandaigua, New York; seismic corrections to the mental health and community living center in Long Beach, California; seismic correction of 12 buildings in West Los Angeles, California; and construction of a spinal cord injury building and seismic corrections in San Diego, California. VA authority to make medical services and hospital care available for eligible veterans through agreements with non-VA entities shall now be permanent. The sense of Congress regarding the Veterans Choice Fund is revised.

Construction Reform, Authorization, and Choice Improvement Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pay Accountability Act''. SEC. 2. WITHHOLDING OF PAY OF MEMBERS OF CONGRESS IF GOVERNMENT SHUTDOWN IS IN EFFECT OR PUBLIC DEBT LIMIT IS REACHED. (a) Holding Salaries in Escrow.--If during any pay period during a Congress a Government shutdown is in effect or the public debt limit is reached, the payroll administrator of a House of Congress shall-- (1) withhold from the payments otherwise required to be made with respect to the pay period for the compensation of each Member of Congress who serves in that House of Congress an amount equal to the product of-- (A) an amount equal to one day's worth of pay under the annual rate of pay applicable to the Member under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31) for the pay period; and (B) the number of 24-hour periods during which the Government shutdown is in effect or the public debt limit is reached (as the case may be) which occur during the pay period; and (2) deposit in an escrow account all amounts withheld under paragraph (1). (b) Transfer to Secretary of the Treasury at End of the Congress.-- (1) Transfer.--The payroll administrator of a House of Congress shall transfer to the Secretary of the Treasury any amounts remaining in any escrow account under this section on the last day of the Congress involved. (2) Requiring amounts to be used for deficit reduction.-- Any amounts transferred to the Secretary of the Treasury under paragraph (1) shall be deposited in the Treasury and used for deficit reduction. (c) Role of Secretary of the Treasury.--The Secretary of the Treasury shall provide the payroll administrators of the Houses of Congress with such assistance as may be necessary to enable the payroll administrators to carry out this section. (d) Definitions.--In this section-- (1) the term ``Member of Congress'' means an individual serving in a position under subparagraph (A), (B), or (C) of section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31); and (2) the ``payroll administrator'' of a House of Congress means-- (A) in the case of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this section; and (B) in the case of the Senate, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this section. SEC. 3. WITHHOLDING OF PAY OF PRESIDENT AND VICE PRESIDENT IF GOVERNMENT SHUTDOWN OCCURS OR PUBLIC DEBT LIMIT IS REACHED. (a) Holding Salaries in Escrow.--If during any pay period during a President's or Vice President's term of office a Government shutdown is in effect or the public debt limit is reached, the White House Office shall-- (1) withhold from the payments otherwise required to be made with respect to the pay period for the compensation of the President or the Vice President an amount equal to the product of-- (A) an amount equal to one day's worth of pay under the annual rate of compensation of the President under 102 of title 3, United States Code, or the annual rate of salary of the Vice President under section 104 of title 3, United States Code (as the case may be), for the pay period; and (B) the number of 24-hour periods during which the Government shutdown is in effect or the public debt limit is reached (as the case may be) which occur during the pay period; and (2) deposit in an escrow account all amounts withheld under paragraph (1). (b) Role of Secretary of the Treasury.--The Secretary of the Treasury shall provide the White House Office with such assistance as may be necessary to enable the White House Office to carry out this section. (c) Transfer to Secretary of the Treasury at End of Term of Office.-- (1) Transfer.--The White House Office shall transfer to the Secretary of the Treasury any amounts remaining in any escrow account under this section on the last day of the President's or Vice President's term of office involved. (2) Requiring amounts to be used for deficit reduction.-- Any amounts transferred to the Secretary of the Treasury under paragraph (1) shall be deposited in the Treasury and used for deficit reduction. SEC. 4. DETERMINATIONS. (a) Government Shutdown.--For purposes of this Act, a Government shutdown shall be considered to be in effect if there is a lapse in appropriations for any Federal agency or department as a result of a failure to enact a regular appropriations bill or continuing resolution. (b) Public Debt Limit.--For purposes of this Act, the public debt limit shall be considered to be reached if the Federal Government is unable to make payments or meet obligations because the public debt limit under section 3101 of title 31, United States Code, has been reached.

Pay Accountability Act - Requires the pay of Members of Congress, the President, and the Vice President to be withheld during any period of: (1) a lapse in appropriations for any federal agency as a result of a failure to enact a regular appropriations bill or continuing resolution, or (2) the federal government's inability to make payments or meet obligations because the public debt limit. Provides for such withheld amounts to be deposited in an escrow account to be transferred (on the last day of the Congress involved with respect to a Member, or the last day of the term of office involved with respect to the President or Vice President) to the Secretary of the Treasury and deposited in the Treasury for deficit reduction.

Pay Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Free to Fly Act''. SEC. 2. DEFINITIONS. Section 40102(a) of title 49, United States Code, is amended-- (1) in paragraph (2) by striking ``citizen of the United States'' and inserting ``citizen of the United States, or other person organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States,''; (2) in paragraph (15)(C)-- (A) by striking ``of which the president and at least two-thirds of the board of directors'' and inserting ``of which the president and at least 51 percent of the board of directors''; and (B) by striking ``at least 75 percent of the voting interest'' and inserting ``at least 51 percent of the voting interest''; (3) in paragraph (21) by striking ``not a citizen of the United States'' and inserting ``who is not organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States''; and (4) in paragraph (26) by striking ``citizen of the United States'' and inserting ``citizen of the United States or other person organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States''. SEC. 3. REQUIREMENT FOR CERTIFICATE. Section 41101(b) of title 49, United States Code, is amended-- (1) by striking ``citizen of the United States'' and inserting ``citizen of the United States or other person organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States''; (2) in paragraph (1) by striking ``citizen'' and inserting ``citizen or other person''; (3) by redesignating subsection (c) as subsection (d); and (4) by inserting after subsection (b) the following: ``(c) Additional Requirements for Non-Citizens Operating Certain Routes.--In order for a person who is not a citizen of the United States and who is not a foreign air carrier to be issued and maintain a certificate for air transportation or intrastate air transportation, all employees and managing officers, other than the board of directors, must be citizens, nationals, or lawful permanent residents of the United States, and the person's headquarters and base of operations must be located in the United States.''. SEC. 4. ISSUANCE OF CERTIFICATES OF PUBLIC CONVENIENCE. Section 41102 of title 49, United States Code, is amended-- (1) by striking the subsection heading in subsection (a) and inserting ``Issuance to a Citizen''; (2) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; (3) by inserting after subsection (a) the following: ``(b) Issuance to Other Persons.--The Secretary of Transportation may issue a certificate of public convenience and necessity to a person organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States, of which more than 49 percent of the board of directors are not citizens of the United States, which is not under the actual control of citizens of the United States, or in which more than 49 percent of the voting interest is owned or controlled by persons that are not citizens of the United States, to provide any part of the following air transportation the person has applied for under section 41108 of this title: ``(1) Air transportation as an air carrier. ``(2) Temporary air transportation as an air carrier for a limited period. ``(3) Charter air transportation as a charter air carrier.''; (4) in subsection (c), as redesignated-- (A) by striking ``under subsection (a)'' each place it appears and inserting ``under subsection (a) or subsection (b)'' in each such place; and (B) by striking ``citizen'' and inserting ``citizen or other person''; and (5) by striking subsection (e), as redesignated, and inserting the following: ``(e) Presidential Review of Certain Certificates.--The Secretary shall submit each decision to the President under section 41307 of this title authorizing-- ``(1) the provision of foreign air transportation; or ``(2) the provision of interstate air transportation or intrastate air transportation by a person who is not a citizen of the United States.''. SEC. 5. CIVIL RESERVE AIR FLEET ELIGIBILITY. Section 41106 of title 49, United States Code, is amended by striking subsection (d) and inserting the following: ``(d) Exception.--The Secretary of Defense may contract with an air carrier that does not meet all requirements if-- ``(1) the Secretary decides that no air carrier holding a certificate under section 41102 is capable of providing, and willing to provide, the airlift services; or ``(2) the Secretary decides to grant a waiver under section 9518 of title 10, United States Code, for a person who is not a citizen of the United States and who is organized under the laws of the United States that has a certificate of public convenience and necessity, from the Civil Reserve Air Fleet citizenship requirements for the purposes of eligibility and participation.''. SEC. 6. APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE. Section 41108 of title 49, United States Code, is amended-- (1) in subsection (a) by striking ``citizen of the United States'' and inserting ``citizen of the United States or other person organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States''; (2) in subsections (b) and (c) by striking ``citizen'' each place it appears and inserting ``citizen or other person''; (3) in subsection (b)(3)(A) by striking ``interstate air transportation'' and inserting ``interstate air transportation provided by a citizen''; and (4) in subsection (b)(3)(B) by striking ``foreign air transportation'' and inserting ``interstate air transportation or intrastate air transportation by a person who is not a citizen of the United States, or foreign air transportation,''. SEC. 7. POTENTIAL REVOCATION OF CERTIFICATE. Section 41110(a)(2)(B) of title 49, United States Code, is amended by striking ``sections 41308-41310(a)'' and inserting ``sections 41101(c), 41308-41310(a)''. SEC. 8. LIABILITY INSURANCE AND FINANCIAL RESPONSIBILITY. Section 41112(a) of title 49, United States Code, is amended-- (1) by striking ``citizen of the United States'' and inserting ``citizen of the United States, or other person organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States''; and (2) by striking ``citizen'' the second place it appears and inserting ``citizen or other person''. SEC. 9. PRESIDENTIAL REVIEW OF FOREIGN AIR CARRIERS AND OTHER NON- CITIZENS. Section 41307 of title 49, United States Code, is amended-- (1) by striking the section heading and inserting ``Presidential review of actions about foreign air transportation and air transportation provided by non- citizens''; and (2) by striking ``to provide foreign air transportation'' and inserting ``to provide foreign air transportation, or for a person who is not a citizen of the United States to provide air transportation or intrastate air transportation''. SEC. 10. JOINT PRICING. Section 41503 of title 49, United States Code, is amended by striking ``citizen of the United States'' and inserting ``a citizen of the United States or other person organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States''. SEC. 11. NAVIGATION OF FOREIGN CIVIL AIRCRAFT. Section 41703(a) of title 49, United States Code, is amended-- (1) in paragraph (4) by striking the period and inserting ``; or''; and (2) by adding at the end the following: ``(5) if specifically authorized under sections 41102 and 41108, and if the airman holds a certificate issued or made valid by the Government.''. SEC. 12. WAIVERS FOR NON-CITIZEN AIR CARRIER PARTICIPATION IN THE CIVIL RESERVE AIR FLEET. (a) In General.--Chapter 931 of title 10, United States Code, is amended by adding at the end the following: ``Sec. 9518. Non-citizen air carriers: waiver authority ``(a) Waiver Authority.--In the case of any air carrier described in subsection (b) or any aircraft owned by an air carrier described in subsection (b), the Secretary of Defense may waive any citizenship requirement under this chapter. Any such waiver-- ``(1) shall be for a period not to exceed two years; ``(2) may be revoked at any time by the Secretary; and ``(3) may be renewed for an additional two-year period for an unlimited number of times. ``(b) Air Carrier Described.--An air carrier described in this section is an air carrier-- ``(1) owned by a person who is not a citizen of the United States and who is organized under the laws of the United States or a State, territory, or the District of Columbia; and ``(2) that holds a certificate of public convenience and necessity under section 41102 of title 49.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``9518. Non-citizen air carriers: waiver authority.''.

Free to Fly Act The bill modifies definitions relating to aviation to permit a foreign air carrier to own U.S. domestic air routes. The foreign carrier may establish U.S.-based subsidiaries for such purpose. All foreign-owed air carriers that obtain a certificate to fly domestic routes may only hire U.S. citizens or nationals, or permanent legal residents. The Department of Transportation (DOT) may issue a certificate of public convenience and necessity to a foreign air carrier with a board of directors that is comprised of more than 49% non-U.S. citizens. The bill expands the scope of the President's review of DOT actions involving foreign air carriers. The Department of Defense may waive citizenship requirements for certain foreign air carriers participating in the civil reserve air fleet.

Free to Fly Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Wireless Spectrum Use Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Competent management of the electromagnetic radio spectrum includes continued availability of spectrum for private wireless entities because of such entitiesD23/' unique ability to achieve substantial efficiencies in their use of this important and finite public resource. A private wireless system licensee or entity is able to customize communications systems to meet the individual needs of that licensee or end user while using engineering solutions and other cooperative arrangements to share spectrum with other private system licensees and entities without causing harmful interference or other degradation of quality or reliability to such other licensees or entities. Accordingly, spectrum allocations for the shared use of private wireless systems achieve a high level of spectrum use efficiency and contribute to the economic and social welfare of the United States. (2) Wireless communication systems dedicated to the internal communication needs of America's industrial, land transportation, energy (including utilities and pipelines), and other business enterprises are critical to the competitiveness of American industry and business in international commerce; increase corporate productivity; enhance the safety and welfare of employees; and improve the delivery of products and services to consumers in the United States and abroad. (3) During the past decade, the Federal Communications Commission allocation and licensing policies have led to dramatic increases in spectrum available for commercial mobile radio services while the spectrum available for private mobile radio systems has decreased, even though the Commission recognizes the spectrum use efficiencies and other public benefits of such private systems and the substantial increases in the use of such systems. (4) Spectrum auctions are designed to select among competing applications for spectrum licenses when engineering solutions, negotiation, threshold qualifications, service regulations, and other cooperative means employed by the Commission are not able to prevent mutual exclusivity among such applications. Private wireless systems, on the other hand, avoid mutual exclusivity through cooperative, multiple uses generally achieved by the Commission, the users, or the frequency advisory committees. Accordingly, the requirements of such private wireless systems are accommodated within the spectrum bands allocated for private uses. Since there is no mutual exclusivity among private wireless system applications, there is no need for the Commission to employ a mechanism, such as auctions, to select among applications. Auction valuation principles also do not apply to the private wireless licensing process because the private wireless spectrum is not used on a commercial, interconnected basis. Rather, such private allocations are used for internal communications applications to enhance safety, efficiency and productivity. Nonetheless, there should be some payment associated with the assignment of new private wireless spectrum, and the Commission can and should develop a payment mechanism for this purpose. SEC. 3. DEFINITIONS. Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended-- (1) by redesignating paragraphs (33) through (52) as paragraph (35) through (54); and (2) by inserting after paragraph (32) the following: ``(33) Private Wireless System.--The term `private wireless system' means an infrastructure of telecommunications equipment and customer premises equipment that is owned by, and operated solely to meet the internal wireless communication needs of, an industrial, business, transportation, education, or energy (including utilities and pipelines) entity, or other licensee. ``(34) Private Wireless Provider.--The term `private wireless provider' means an entity that owns, operates, or manages an infrastructure of telecommunications equipment and customer premises equipment that is-- ``(A) used solely for the purpose of meeting the internal communications needs of another entity that is an industrial, business, transportation, education, or energy (including utilities and pipelines) entity, or similar end-user; ``(B) neither a commercial mobile service (as defined in section 332(d)(1)) nor used to provide public safety services (as defined in section 337(f)(1)); and ``(C) not interconnected with the public switched network.''. SEC. 4. ALLOCATION AND ASSIGNMENT OF ADDITIONAL SPECTRUM. Part I of title III of the Communications Act of 1934 (47 U.S.C. 301) is amended by inserting after section 337 the following: ``SEC. 338. ALLOCATION AND ASSIGNMENT OF SPECTRUM FOR PRIVATE WIRELESS USES. ``(a) Rulemaking Required.--Within 120 days after the date of enactment of the Private Wireless Spectrum Use Act, the Commission shall initiate a rulemaking designed to identify and allocate at least 12 megahertz of electromagnetic spectrum located between 150 and 2,000 megahertz for use by private wireless licensees on a shared-use basis. The new spectrum proposed to be reallocated shall be available and appropriate for use by private wireless communications systems and shall accommodate the need for paired allocations and for proximity to existing private wireless spectrum allocations. In accommodating the various private wireless system needs in this rulemaking, the Commission shall reserve at least 50 percent of the reallocated spectrum for the use of private wireless systems. The remaining reallocated spectrum shall be available for use by private wireless providers solely for the purpose described in section 3(34)(A). ``(b) Order Required.--Within 180 days after the Commission initiates the rulemaking required by subsection (a), the Commission, in consultation with its frequency advisory committees, shall-- ``(1) issue an order reallocating spectrum in accordance with subsection (a); and ``(2) issue licenses for the reallocated spectrum in a timely manner.''. SEC. 5. REIMBURSEMENT FOR ADDITIONAL SPECTRUM ALLOCATED FOR PRIVATE WIRELESS SYSTEM USE. Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309 (j)) is amended by inserting after paragraph (14) the following: ``(15) Spectrum efficiency for shared spectrum.-- ``(A) Within 120 days after the date of enactment of the Private Wireless Spectrum Use Act, the Commission shall initiate a rulemaking to devise a schedule of payment to the Treasury by private wireless systems, and by private wireless providers for the purpose described in section 3(34)(A), in return for a license or other ability to use a portion of the spectrum reallocated under section 338. The schedule shall be designed to promote the efficient use of those frequencies. ``(B) Within 180 days after the Commission initiates the rulemaking required by subparagraph (A), the Commission, after consultation with its frequency advisory committees and after opportunity for comment, shall adopt a schedule of payment in accordance with subparagraph (A) and which it determines to be in the public interest. ``(C) In adopting the schedule of payments referred to in subparagraph (A), the Commission-- ``(i) may not base a finding of public interest, convenience, and necessity on the expectation of Federal revenues for the use of such schedule of payment; and ``(ii) shall take into account the private nature of the systems, the safety and efficiencies realized by the public as a result of these private uses, the amount of bandwidth and coverage area and geographic location of the license, and the degree of frequency- sharing.''. SEC. 6. SPECTRUM SHARING Section 309(j)(6) of the Communications Act of 1934 (47 U.S.C. 309(j)(6)) is amended-- (1) by striking ``or'' at the end of subparagraph (G); (2) by striking ``Act.'' in subparagraph (H) and inserting ``Act; or''; and (3) by adding at the end the following: ``(I) be construed to permit the Commission to take any action to create mutual exclusivity where it does not already exist.''. SEC. 7. CONFORMING AND TECHNICAL AMENDMENTS. (a) Private Mobile Service.--Section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)) is amended-- (1) by inserting ``and'' after the semicolon in paragraph (1); (2) by striking ``(c)(1)(B); and'' in paragraph (2) and inserting ``(c)(1)(B).''; and (3) by striking paragraph (3). (b) Application of Spectrum-use Payment Schedule to New Licenses.-- Section 337(a)(2) of the Communications Act of 1934 (47 U.S.C. 337(a)(2)) is amended by inserting ``or spectrum use payment schedule'' after ``competitive bidding''. (c) Exemption From Competitive Bidding.--Section 309(j)(2) of the Communications Act of 1934 (47 U.S.C. 309(j)(2)) is amended-- (1) by striking ``or'' at the end of subparagraph (B); (2) by striking ``Act.'' in subparagraph (C) and inserting ``Act; or''; and (3) by adding at the end thereof the following: ``(D) for private wireless systems, and for private wireless providers for the purpose described in section 3(34)(A), that-- ``(i) are used to enhance the productivity or safety of business or industry; and ``(ii) are not made commercially available to the public, except for that purpose.''. (d) Technical Amendment.--Section 271(c)(1)(A) of the Communications Act of 1934 (47 U.S.C. 271(c)(1)(A)) is amended by striking ``3(47)(A),'' and inserting ``3(49)(A),''.

Requires the FCC to: (1) devise a schedule for payments to the Treasury for shared-use spectrum used by private wireless systems; and (2) adopt a payment schedule determined to be in the public interest. Prohibits competitive bidding requirements from being construed to permit the FCC to take any action to create mutual exclusivity where it does not already exist.

Private Wireless Spectrum Use Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Express Lane to Health Coverage Act of 2003''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) Despite gains made in recent years, 8,900,000 children in the United States are uninsured. Of those, 6,900,000 are eligible for public health insurance coverage. (2) Most low-income uninsured children are enrolled in nutrition and related programs that operate under income guidelines similar to those of the medicaid program. In fact, 63 percent, or 4,300,000, low-income uninsured children are in families that receive benefits through the food stamps program, the National school lunch program, or the special supplemental nutrition program for women, infants and children (commonly referred to as ``WIC''). (3) The public would be well served if Federal means-tested public programs were able to improve administrative efficiency and coordination as well as reduce unnecessary bureaucracy. (4) Uninsured children would be well served if their enrollment in a nutrition-based or other means-tested program could serve as a gateway to health coverage. (5) Existing law already allows children to be found income eligible for WIC based on their enrollment in the medicaid program. Current law does not, however, give States adequate flexibility to make an income determination for eligibility for the medicaid or State children's health insurance program based on an uninsured child's enrollment in WIC or another public program. (b) Purpose.--The purpose of this Act is to give States the flexibility to find children income eligible for the medicaid program or State children's health insurance program based on the fact that the children are eligible for nutrition assistance or similar public programs with comparable income standards and methodologies. SEC. 3. STATE OPTION TO PROVIDE FOR SIMPLIFIED DETERMINATIONS OF A CHILD'S FINANCIAL ELIGIBILITY FOR MEDICAL ASSISTANCE UNDER MEDICAID OR CHILD HEALTH ASSISTANCE UNDER SCHIP. (a) Medicaid.--Section 1902(e) of the Social Security Act (42 U.S.C. 1396a(e)) is amended by adding at the end the following: ``(13)(A) At the option of the State, the plan may provide that financial eligibility requirements for medical assistance are met for an individual who is under an age specified by the State (not to exceed 21 years of age) by using a determination (made within a reasonable period, as found by the State, before its use for this purpose) of the individual's family or household income or resources, notwithstanding any differences in budget unit, disregard, deeming, or other methodology, by a Federal or State agency (or a public or private entity making such determination on behalf of such agency) specified by the plan, including but not limited to the agencies administering the Food Stamp Act of 1977, the Richard B. Russell National School Lunch Act, and the Child Nutrition Act of 1966, provided that such agency has fiscal liabilities or responsibilities affected or potentially affected by such determinations and provided that all information furnished by such agency pursuant to this subparagraph is used solely for purposes of determining eligibility for medical assistance under the State plan approved under this title or for child health assistance under a State plan approved under title XXI. ``(B) Nothing in subparagraph (A) shall be construed-- ``(i) to authorize the denial of medical assistance under a State plan approved under this title or of child health assistance under a State plan approved under title XXI to an individual who, without the application of this paragraph or an option exercised thereunder, would qualify for such assistance; ``(ii) to relieve a State of the obligation under subsection (a)(8) to furnish assistance with reasonable promptness after the submission of an initial application that is evaluated or for which evaluation is requested pursuant to this paragraph; or ``(iii) to relieve a State of the obligation to determine eligibility on other grounds for an individual found to be ineligible under this paragraph. ``(C) At the option of a State, the financial eligibility process described in subparagraph (A) may apply to an individual who is older than age 21 if such individual's eligibility for medical assistance is based on pregnancy or if such individual is a parent, guardian, or other caretaker relative of an individual found eligible under subparagraph (A).''. (b) SCHIP.--Section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended by adding at the end the following: ``(E) Section 1902(e)(13) (relating to the State option to base a child's eligibility for assistance on financial determinations made by a program providing nutrition or other public assistance).''. (c) Effective Date.--The amendments made by this section take effect on October 1, 2003.

Children's Express Lane to Health Coverage Act of 2003 - Amends title XIX (Medicaid) and XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to give States the option of providing that Medicaid or SCHIP financial eligibility requirements are met for children based on their eligibility for nutrition assistance or similar public programs with comparable income standards and methodologies.

A bill to give States the flexibility to reduce bureaucracy by streamlining enrollment processes for the medicaid and State children's health insurance programs through better linkages with programs providing nutrition and related assistance to low-income families.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Uranium Resources Stewardship Act'' or ``URSA''. SEC. 2. FEDERAL LANDS URANIUM LEASING. The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by redesignating section 44 as section 45, and by inserting after section 43 the following new section: ``SEC. 44. LEASING OF LANDS FOR URANIUM MINING. ``(a) In General.-- ``(1) Withdrawal from entry; leasing requirement.-- Effective upon the date of enactment of the Uranium Resources Stewardship Act, all Federal lands are hereby permanently withdrawn from location and entry under section 2319 of the Revised Statutes (30 U.S.C. 22 et seq.) for uranium. After the end of the 2-year period beginning on such date of enactment, no uranium may be produced from Federal lands except pursuant to a lease issued under this Act. ``(2) Leasing.--The Secretary-- ``(A) may divide any lands subject to this Act that are not withdrawn from mineral leasing and that are otherwise available for uranium leasing under applicable law, including lands available under the terms of land use plans prepared by the Federal agency managing the land, into leasing tracts of such size as the Secretary finds appropriate and in the public interest; and ``(B) thereafter shall, in the Secretary's discretion, upon the request of any qualified applicant or on the Secretary's own motion, from time to time, offer such lands for uranium leasing and award uranium leases thereon by competitive bidding. ``(b) Fair Market Value Required.-- ``(1) In general.--No bid for a uranium lease shall be accepted that is less than the fair market value, as determined by the Secretary, of the uranium subject to the lease. ``(2) Public comment.--Prior to the Secretary's determination of the fair market value of the uranium subject to the lease, the Secretary shall give opportunity for and consideration to public comments on the fair market value. ``(3) Disclosure not required.--Nothing in this section shall be construed to require the Secretary to make public the Secretary's judgment as to the fair market value of the uranium to be leased, or the comments the Secretary receives thereon prior to the issuance of the lease. ``(c) Lands Under the Jurisdiction of Other Agencies.--Leases covering lands the surface of which is under the jurisdiction of any Federal agency other than the Department of the Interior may be issued only-- ``(1) upon consent of the head of the other Federal agency; and ``(2) upon such conditions the head of such other Federal agency may prescribe with respect to the use and protection of the nonmineral interests in those lands. ``(d) Consideration of Effects of Mining.--Before issuing any uranium lease, the Secretary shall consider effects that mining under the proposed lease might have on an impacted community or area, including impacts on the environment, on agricultural, on cultural resources, and other economic activities, and on public services. ``(e) Notice of Proposed Lease.--No lease sale shall be held for lands until after a notice of the proposed offering for lease has been given once a week for three consecutive weeks in a newspaper of general circulation in the county in which the lands are situated, or in electronic format, in accordance with regulations prescribed by the Secretary. ``(f) Auction Requirements.--All lands to be leased under this section shall be leased to the highest responsible qualified bidder-- ``(1) under general regulations; ``(2) in units of not more than 2,560 acres that are as nearly compact as possible; and ``(3) by oral bidding. ``(g) Required Payments.-- ``(1) In general.--A lease under this section shall be conditioned upon the payment by the lessee of-- ``(A) a royalty at a rate of not less than 12.5 percent in amount or value of the production removed or sold under the lease; and ``(B) a rental of-- ``(i) not less than $2.50 per acre per year for the first through fifth years of the lease; and ``(ii) not less than $3 per acre per year for each year thereafter. ``(2) Use of revenues.--Amounts received as revenues under this subsection with respect to a lease may be used by the Secretary of the Interior, subject to the availability of appropriations, for cleaning up uranium mill tailings and reclaiming abandoned uranium mines on Federal lands in accordance with the priorities and eligibility restrictions, respectively, under subsections (c) and (d) of section 411 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1240a). ``(h) Lease Term.--A lease under this section-- ``(1) shall be effective for a primary term of 10 years; and ``(2) shall continue in effect after such primary term for so long is as uranium is produced under the lease in paying quantities. ``(i) Exploration Licenses.-- ``(1) In general.--The Secretary may, under such regulations as the Secretary may prescribe, issue to any person an exploration license. No person may conduct uranium exploration for commercial purposes on lands subject to this Act without such an exploration license. Each exploration license shall be for a term of not more than two years and shall be subject to a reasonable fee. An exploration license shall confer no right to a lease under this Act. The issuance of exploration licenses shall not preclude the Secretary from issuing uranium leases at such times and locations and to such persons as the Secretary deems appropriate. No exploration license may be issued for any land on which a uranium lease has been issued. A separate exploration license shall be required for exploration in each State. An application for an exploration license shall identify general areas and probable methods of exploration. Each exploration license shall be limited to specific geographic areas in each State as determined by the Secretary, and shall contain such reasonable conditions as the Secretary may require, including conditions to ensure the protection of the environment, and shall be subject to all applicable Federal, State, and local laws and regulations. Upon violation of any such conditions or laws the Secretary may revoke the exploration license. ``(2) Limitations.--A licensee may not cause substantial disturbance to the natural land surface. A licensee may not remove any uranium for sale but may remove a reasonable amount of uranium from the lands subject to this Act included under the Secretary's license for analysis and study. A licensee must comply with all applicable rules and regulations of the Federal agency having jurisdiction over the surface of the lands subject to this Act. Exploration licenses covering lands the surface of which is under the jurisdiction of any Federal agency other than the Department of the Interior may be issued only upon such conditions as it may prescribe with respect to the use and protection of the nonmineral interests in those lands. ``(3) Sharing of data.--The licensee shall furnish to the Secretary copies of all data (including geological, geophysical, and core drilling analyses) obtained during such exploration. The Secretary shall maintain the confidentiality of all data so obtained until after the areas involved have been leased or until such time as the Secretary determines that making the data available to the public would not damage the competitive position of the licensee, whichever comes first. ``(4) Exploration without a license.--Any person who willfully conducts uranium exploration for commercial purposes on lands subject to this Act without an exploration license issued under this subsection shall be subject to a fine of not more than $1,000 for each day of violation. All data collected by such person on any Federal lands as a result of such violation shall be made immediately available to the Secretary, who shall make the data available to the public as soon as it is practicable. No penalty under this subsection shall be assessed unless such person is given notice and opportunity for a hearing with respect to such violation. ``(j) Conversion of Mining Claims to Mineral Leases.-- ``(1) In general.--The owner of any mining claim (in this subsection referred to as a `claimant') located prior to the date of enactment of the Uranium Resources Stewardship Act may, within two years after such date, apply to the Secretary of the Interior to convert the claim to a lease under this section. The Secretary shall issue a uranium lease under this section to the claimant upon a demonstration by the claimant, to the satisfaction of the Secretary, within one year after the date of the application to the Secretary, that the claim was, as of such date of enactment, supported by the discovery of a valuable deposit of uranium on the claimed land. The holder of a lease issued upon conversion from a mining claim under this subsection shall be subject to all the requirements of this section governing uranium leases, except that the holder shall pay a royalty of 6.25 percent on the value of the uranium produced under the lease, until beginning ten years after the date the claim is converted to a lease. ``(2) Other claims extinguished.--All mining claims located for uranium on Federal lands whose claimant does not apply to the Secretary for conversion to a lease, or whose claimant cannot make such a demonstration of discovery, shall become null and void by operation of law three years after such date of enactment.''.

Uranium Resources Stewardship Act or URSA - Amends the Mineral Leasing Act to: (1) withdraw all federal lands permanently from location and entry for uranium, and (2) prescribe a uranium leasing program for such lands.

To amend the Mineral Leasing Act to provide for the leasing of Federal lands for uranium mining, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Schools Partnerships Act of 2010''. SEC. 2. HEALTHY SCHOOLS PARTNERSHIPS DEMONSTRATION PROGRAM. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by adding at the end the following: ``(j) Healthy Schools Partnerships Demonstration Program.-- ``(1) Definition of eligible entity.--In this section, the term `eligible entity' means a school food authority that demonstrates that the school food authority has collaborated, or will collaborate, with 1 or more local partner organizations (including academic experts, registered dietitians or other nutrition professionals, community partners, or non-profit organizations) to achieve the purposes described in paragraph (2). ``(2) Purposes.--The purposes of the demonstration project established under this subsection are-- ``(A) to assist schools in improving the nutritional standards of school meals and the overall school environment; and ``(B) to use local resources and expertise to promote collaborations and develop sustainable and replicable models for making systemic changes that promote good nutrition and healthy living among students. ``(3) Establishment.--The Secretary shall establish a demonstration project under which the Secretary shall make grants to eligible entities to fund collaborations of academic experts, nonprofit organizations, registered dietitians or other nutrition professionals, community partners, and local schools to test and evaluate innovative models to improve nutrition education, student decisionmaking, and healthy school environments. ``(4) Application.-- ``(A) In general.--An eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(B) Contents.--In addition to any other requirements of the Secretary, each application shall-- ``(i) identify the 1 or more problems that the eligible entity will address; ``(ii) identify the activity that the grant will be used to fund; ``(iii) describe the means by which the activity will improve the health and nutrition of the school environment; ``(iv) list the partner organizations that will participate in the activity funded by the grant; and ``(v) describe the metrics used to measure success in achieving the stated goals. ``(5) Priority.--In making grants under this subsection, the Secretary shall give priority to eligible entities that demonstrate-- ``(A) a severe need to improve the school environment, as demonstrated by high numbers of students receiving free or reduced price lunches, high levels of obesity or other indicators of poor health status, and health disparities in the community served by the school; ``(B) a commitment by community partners to make in-kind or cash contributions; and ``(C) the ability to measure results. ``(6) Use of funds.--An eligible entity shall use a grant received under this subsection-- ``(A) to assess the problem of childhood obesity and poor nutrition in the school environment; ``(B) to develop an innovative plan or intervention to address specific causes of the problem in coordination with outside partners, including by developing and testing innovative models to improve student health and nutrition as measured by-- ``(i) changes that result in healthier school environments, including more nutritious food being served in cafeterias and available a la carte; ``(ii) increased nutrition education; ``(iii) improved ability of students to identify healthier choices; ``(iv) changes in attitudes of students towards healthier food; ``(v) student involvement in making school environments healthier; ``(vi) increased access to physical activity, physical education, and recess; ``(vii) professional development and continuing education opportunities for school administrators, teachers, and school nurses; and ``(viii) changes in school policies that promote access to healthier food and physical activity; ``(C) to implement the plan or intervention in partnership with outside partners; ``(D) to measure and evaluate effectiveness of the intervention; or ``(E) to assess the sustainability and replicability of this model. ``(7) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2011 through 2015.''.

Healthy Schools Partnerships Act of 2010 - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture to establish a demonstration project awarding grants to school food authorities that collaborate with academic experts, nonprofit organizations, registered dietitians or other nutrition professionals, community partners, and local schools to test and evaluate innovative models to improve nutrition education, student decisionmaking, and healthy school environments. Gives grant priority to school food authorities that demonstrate: (1) a severe need to improve the school environment; (2) a commitment by community partners to make in-kind or cash contributions; and (3) the ability to measure results.

A bill to amend the Richard B. Russell National School Lunch Act to establish a demonstration project to promote collaborations to improve school nutrition.

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

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

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fight Russian Corruption Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Russian Federation uses corruption as a strategic tool to erode democratic governance from within and discredit the liberal democratic system, thereby strengthening Russia's sphere of influence. (2) Russia's ultimate goal is to dissolve the transatlantic union by capitalizing on and exacerbating existing tensions within European countries. (3) In 2016, the Center for Strategic and International Studies (CSIS) and the Centre for the Study of Democracy concluded that Russia has cultivated an opaque network of patronage across the region that it uses to influence and direct decision-making. Russia seeks to gain influence over if not control of critical state institutions, bodies, and the economy and uses this influence to shape national policies and decisions. (4) Central and Eastern European leaders, including those from Romania, the Czech Republic, Latvia, and Poland, have warned that Russia engages in economic warfare by using politically motivated investments to advance its agenda, and seeks to challenge the transatlantic orientation of Central and Eastern Europe. (5) While countries along Russia's border, especially the Baltic countries, Ukraine, and Georgia, are under threat from Moscow's malign influence and military aggression, corruption is also part of Russia's hybrid warfare strategy to use direct and indirect action to coerce, destabilize and exercise malign influence over other countries. (6) Much like a virus, malign Russian-fueled corruption inconspicuously penetrates a country through what appears to be a host of legitimate financial transactions. (7) According to CSIS, the corruption, often through opaque financial transactions, infects various strategic sectors of host economies, particularly energy, media, and financial sectors. Over time, the host countries' institutions become compromised and can no longer self-police or resist Russian influence, thereby allowing Russian control over the government. (8) In France, Austria, Germany, and the United Kingdom, Russia directly supports entities that feed directly off lack of confidence and trust in democratic systems, which enhances the popularity of extreme parties. (9) The United States intelligence community concluded that Russia deployed similar tactics in the 2016 United States elections in order to erode public confidence and trust in the United States political system. (10) This strategy exploits the inherent openness and vulnerabilities within Western capitalist systems. To combat it, the United States must support efforts of foreign partner countries to investigate corruption and strengthen fiscal transparency. (11) Only through strengthening Western governance and institutions will the United States and its partners thwart Russian tactics of corruption and exploitation and prevent Russia's virus-like corruption from eroding democracy in the United States. SEC. 3. OFFICE OF ANTI-CORRUPTION RELATING TO ILLICIT RUSSIAN FINANCIAL ACTIVITIES IN EUROPE. Title I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is amended by adding at the end the following new section: ``SEC. 64. OFFICE OF ANTI-CORRUPTION RELATING TO ILLICIT RUSSIAN FINANCIAL ACTIVITIES IN EUROPE. ``(a) Establishment.--The Secretary of State shall establish within the Department of State the Office of Anti-Corruption relating to Illicit Russian Financial Activities in Europe (in this section referred to as the `Office'). ``(b) Head of Office.--The head of the Office shall be the Director of Anti-Corruption relating to Illicit Russian Financial Activities in Europe (in this section referred to as the `Director'). The Director shall be appointed by Secretary, in consultation with the Assistant Secretary of State for European Affairs. ``(c) Functions.--The Office shall carry out the following functions: ``(1) In coordination with the intelligence community, analyze financial networks of the Russian Federation that operate in European countries relating to investments in the real estate, energy, media, infrastructure, philanthropy, civil society, sports, nongovernmental organization, and other sectors. ``(2) In coordination with the Secretary of the Treasury, train United States liaison officers to serve in key United States diplomatic and consular posts in European countries to cooperate with foreign partners in the uncovering and prosecution of illicit Russian financial activity. ``(d) Report.-- ``(1) In general.--The Office shall develop and submit to the appropriate congressional committees on an annual basis a report on the conduct and results of activities of the Office carried out under subsection (c) during the prior year. ``(2) Form.--The report required under this subsection shall be submitted in unclassified form but may contain a classified annex. ``(e) Personnel.--The Secretary of State is authorized to accept details or assignments of any personnel on a reimbursable or nonreimbursable basis for the purpose of carrying out this section, and the head of any Federal agency is authorized to detail or assign personnel of such agency on a reimbursable or nonreimbursable basis to the Secretary for purposes of carrying out this section. ``(f) Appropriate Congressional Committees Defined.--The term `appropriate congressional committees' means-- ``(1) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and ``(2) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs, and the Committee on Finance of the Senate.''. SEC. 4. FOREIGN ASSISTANCE AND RELATED MATTERS. (a) Authority To Provide Foreign Assistance.-- (1) In general.--The Secretary of State is authorized to provide assistance to European countries to combat corruption. (2) Types of assistance.--Assistance authorized to be provided under paragraph (1) may include the following: (A) Support for activities described in paragraphs (1) and (2) of section 64(c) of the State Department Basic Authorities Act of 1956 (as added by section 3 of this Act). (B) Support for and strengthening of foreign programs focused on investigative journalism and independence of the media environment to expose Russian corruption. (C) Support for activities in Europe relating to anti-corruption, anti-propaganda, and anti-Russian malign influence. (b) Matters Relating to NATO.--The Secretary of State shall seek to work with the North Atlantic Treaty Organization (NATO) to carry out the following actions: (1) Elevate anti-corruption as an element of NATO's Readiness Action Plan. (2) Task the NATO Assistant Secretary General for Intelligence and Warning with monitoring Russian influence in NATO member states. (3) Prioritizing the combating of Russian influence under the NATO-European Union framework. (c) EU-US Summit.--The Secretary of State, in coordination with the Secretary of the Treasury, is authorized to host a summit between the United States and the European Union on preventing undeclared, cross- border money flows invested in strategic areas or economic sectors of European countries. SEC. 5. NATIONAL INTELLIGENCE ESTIMATE. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall develop and submit to the appropriate congressional committees a National Intelligence Estimate on the matters described in subsection (b). (b) Matters Described.--The matters described in this subsection are the following: (1) Any purchases made in the 5-year period ending on the date of the enactment of this Act by individuals and entities of key sectors in European countries, particularly purchases that provide monopolistic control of a sector. (2) A detailed analysis of the individuals and entities making such purchases, including sources of revenue for each individual and entity and any links to the Russian Federation. SEC. 6. REPORT. Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Treasury shall jointly submit to the appropriate congressional committees a report on the implementation of this Act. SEC. 7. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs, and the Committee on Finance of the Senate. (2) Intelligence community.--The term ``intelligence community'' has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).

Fight Russian Corruption Act This bill amends the State Department Basic Authorities Act of 1956 to require the Department of State to establish the Office of Anti-Corruption relating to Illicit Russian Financial Activities in Europe. Such office shall: (1) analyze financial networks of the Russian Federation operating in European countries that relate to real estate, energy, media, infrastructure, and other sectors; and (2) train U.S. liaison officers to serve in key U.S. diplomatic and consular posts in such countries to cooperate with foreign partners in uncovering and prosecuting illicit Russian financial activity. The bill authorizes the State Department to provide assistance to European countries to combat corruption, including to support: (1) activities of such office; (2) foreign programs focused on investigative journalism and independence of the media environment to expose Russian corruption; and (3) activities in Europe related to anti-corruption, anti-propoganda, and anti-Russian malign influence. The State Department shall seek to work with the North Atlantic Treaty Organization (NATO) to: (1) elevate anti-corruption as an element of NATO's Readiness Action Plan, (2) task the NATO Assistant Secretary General for Intelligence and Warning with monitoring Russian influence in NATO member states, and (3) prioritize the combating of Russian influence under the NATO-European Union framework. The Office of the Director of National Intelligence shall submit a National Intelligence Estimate on: (1) purchases made in the last five years by individuals and entities of key sectors in European countries, particularly purchases that provide monopolistic control of a sector; and (2) the individuals and entities making such purchases, including any links to the Russian Federation.

Fight Russian Corruption Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Right-of-Way Conveyance Validation Act''. SEC. 2. VALIDATION OF CONVEYANCES. Except as provided in section 5, the conveyances described in section 3 (involving certain lands in Nevada County, State of California) and section 4 (involving certain lands in San Joaquin County, State of California) concerning lands that form parts of the right-of-way granted by the United States to the Central Pacific Railway Company in the Act entitled ``An Act to aid in the Construction of a Railroad and Telegraph Line from the Missouri River to the Pacific Ocean, and to secure to the Government the Use of the same for Postal, Military, and Other Purposes'', approved July 1, 1862 (12 Stat. 489), hereby are legalized, validated, and confirmed, as far as any interest of the United States in such lands is concerned, with the same force and effect as if the land involved in each such conveyance had been held, on the date of such conveyance, under absolute fee simple title by the grantor of such land. SEC. 3. CONVEYANCES OF LANDS IN NEVADA COUNTY, STATE OF CALIFORNIA. The conveyances of land in Nevada County, State of California, referred to in section 2 are as follows: (1) The conveyances entered into between the Southern Pacific Transportation Company, grantor, and David G. ``Otis'' Kantz and Virginia Thomas Bills Kantz, husband and wife, as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-15995 in the official records of the county of Nevada. (2) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Antone Silva and Martha E. Silva, his wife, grantees, recorded June 10, 1987, as instrument number 87-15996 in the official records of the county of Nevada. (3) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Charlie D. Roeschen and Renee Roeschen, husband and wife as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-15997 in the official records of the county of Nevada. (4) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Manuel F. Nevarez and Margarita Nevarez, his wife, as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-15998 in the official records of the county of Nevada. (5) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Susan P. Summers, grantee, recorded June 10, 1987, as instrument number 87-15999 in the official records of the county of Nevada. (6) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and James L. Porter, a single man, as his sole and separate property, grantee, recorded June 10, 1987, as instrument number 87-16000 in the official records of the county of Nevada. (7) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Robert L. Helin, a single man, grantee, recorded June 10, 1987, as instrument number 87-16001 in the official records of the county of Nevada. (8) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Thomas S. Archer and Laura J. Archer, husband and wife, as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-16002 in the official records of the county of Nevada. (9) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Wallace L. Stevens, a single man, grantee, recorded June 10, 1987, as instrument number 87-16003 in the official records of the county of Nevada. (10) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Sierra Pacific Power Company, grantees, recorded June 10, 1987, as instrument number 87-16004 in the official records of the county of Nevada. (11) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Truckee Public Utility District, grantees, recorded June 10, 1987, as instrument number 87-16005 in the official records of the county of Nevada. (12) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Dwayne W. Haddock and Bertha M. Haddock, his wife as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-16006 in the official records of the county of Nevada. (13) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and William C. Thorn, grantee, recorded June 10, 1987, as instrument number 87-16007 in the official records of the county of Nevada. (14) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Jose Guadelupe Lopez, grantees, recorded June 10, 1987, as instrument number 87-16008 in the official records of the county of Nevada. (15) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Harold O. Dixon, an unmarried man, as to an undivided half interest, and Pedro Lopez, a married man, as to an undivided half interest, as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-16009 in the official records of the county of Nevada. (16) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Robert E. Sutton and Patricia S. Sutton, husband and wife, as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-16010 in the official records of the county of Nevada. (17) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Angelo C. Besio and Eva G. Besio, his wife, grantees, recorded June 10, 1987, as instrument number 87-16011 in the official records of the county of Nevada. (18) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Lawrence P. Young and Mary K. Young, husband and wife, as joint tenants, grantees, recorded June 10, 1987, as instrument number 87-16012 in the official records of the county of Nevada. (19) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and the estate of Charles Clyde Cozzaglio, grantee, recorded June 10, 1987, as instrument number 87-16013 in the official records of the county of Nevada. (20) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Noel T. Hargreaves, an unmarried woman, as her sole and separate property, grantee, recorded June 10, 1987, as instrument number 87-16014 in the official records of the county of Nevada. (21) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Athleisure Enterprises, Incorporated, a Nevada corporation, grantees, recorded January 24, 1989, as instrument number 89-01803 in the official records of the county of Nevada. (22) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Richard Bwarie, a single man as to an undivided one-half interest, and Roger S. Gannam and Lucille Gannam, husband and wife, as joint tenants, as to an undivided one-half interest, grantees, recorded January 24, 1989, as instrument number 89-01804 in the official records of the county of Nevada. (23) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and William Campbell and Juanita R. Campbell, his wife as joint tenants, grantees, recorded January 24, 1989, as instrument number 89-01805 in the official records of the county of Nevada. (24) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and William E. Cannon and Lynn M. Cannon, husband and wife, as joint tenants as to an undivided one- half interest, and Brent Collinson and Dianne Collinson, husband and wife, as joint tenants, as to an undivided one-half interest, grantees, recorded January 24, 1989, as instrument number 89-01806 in the official records of the county of Nevada. (25) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Christopher G. Eaton and Bernadette M. Eaton, husband and wife as community property, grantees, recorded January 24, 1989, as instrument number 89-01807 in the official records of the county of Nevada. (26) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Christopher G. Eaton, grantee, recorded January 24, 1989, as instrument number 89-01808 in the official records of the county of Nevada. (27) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Valeria M. Kelly, an unmarried woman, grantee, recorded January 24, 1989, as instrument number 89- 01809 in the official records of the county of Nevada. (28) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and William J. Kuttel and Delia Rey Kuttel, husband and wife, grantees, recorded January 24, 1989, as instrument number 89-01810 in the official records of the county of Nevada. (29) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Thomas A. Lippert and Laurel A. Lippert, husband and wife, grantees, recorded January 24, 1989, as instrument number 89-01811 in the official records of the county of Nevada. (30) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Fred J. Mahler, a single man, grantee, recorded January 24, 1989, as instrument number 89-01812 in the official records of the county of Nevada. (31) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Francis Doyle McGwinn also known as Doyle F. McGwinn, a widower, grantee, recorded January 24, 1989, as instrument number 89-01813 in the official records of the county of Nevada. (32) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and James D. Ritchie and Susan Ritchie, husband and wife, as joint tenants, grantees, recorded January 24, 1989, as instrument number 89-01814 in the official records of the county of Nevada. (33) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and William R. Smith and Joan M. Smith, his wife, as joint tenants, grantees, recorded January 24, 1989, as instrument number 89-01815 in the official records of the county of Nevada. (34) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Anthony J. Stile and Laura A. Stile, husband and wife, as joint tenants, grantees, recorded January 24, 1989, as instrument number 89-01816 in the official records of the county of Nevada. (35) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Thomas R. Stokes, a single man, and Carla J. Stewart, a single woman, as joint tenants, grantees, recorded January 24, 1989, as instrument number 89-01817 in the official records of the county of Nevada. (36) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Tom's Television System, Incorporated, a California Corporation, grantees, recorded January 24, 1989, as instrument number 89-01818 in the official records of the county of Nevada. (37) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Tom's Television System, Incorporated, a California corporation, grantees, recorded January 24, 1989, as instrument number 89-01819 in the official records of the county of Nevada. (38) The conveyances entered into between the Southern Pacific Transportation Company, grantor, and Harry M. Welch and Betty R. Welch, his wife, as joint tenants, grantees, recorded January 24, 1989, as instrument number 89-01820 in the official records of the county of Nevada. (39) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Harry Fariel and Joan Fariel, husband and wife, as joint tenants, grantees, recorded February 2, 1989, as instrument number 89-02748 in the official records of the county of Nevada. (40) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Edward Candler and May Candler, husband and wife as community property, as to an undivided two-thirds interest; and Harry Fariel and Joan Fariel, husband and wife, as joint tenants, as to an undivided one-third interest, grantees, recorded February 2, 1989, as instrument number 89-02749 in the official records of the county of Nevada. (41) The conveyance entered into between the Central Pacific Railroad, grantor, and E.W. Hopkins and J.O.B. Gann, grantees, recorded April 7, 1894, in Book 79 of Deeds at page 679, official records of the county of Nevada. (42) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and John David Gay and Elizabeth Jean Gay, as Trustees of the David and Elizabeth Gay Trust, grantees, recorded October 3, 1991, as instrument number 91-30654 of the official records of the county of Nevada. SEC. 4. CONVEYANCES OF LAND IN SAN JOAQUIN COUNTY, STATE OF CALIFORNIA. The conveyances of land in San Joaquin County, State of California, referred to in section 2 are as follows: (1) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Ronald M. Lauchland and Lillian R. Lauchland, grantees, recorded October 1, 1985, as instrument number 85066621 in the official records of the county of San Joaquin. (2) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Bradford A. Lange and Susan J. Lange, his wife, as to an undivided one-half, and Randall W. Lange and Charlene J. Lange, his wife, as to an undivided one-half interest, grantees, recorded October 1, 1985, as instrument number 85066623 in the official records of the county of San Joaquin. (3) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Leo G. Lewis and Vasiliki L. Lewis, and Billy G. Lewis and Dimetria Lewis, grantees, recorded October 1, 1985, as instrument number 85066625 in the official records of the county of San Joaquin. (4) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Louis J. Bennett, grantees, recorded October 1, 1985, as instrument number 85066627 in the official records of the county of San Joaquin. (5) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Joe Alves Correia and Leontina Correia, his wife, grantees, recorded September 1, 1970, instrument number 33915, in book 3428, page 461, of the official records of the county of San Joaquin. (6) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Willard H. Fike, Jr., and Dorla E. Fike, his wife, grantees, recorded January 7, 1988, instrument number 88001473 of the official records of the county of San Joaquin. (7) The conveyance entered into between Central Pacific Railway, Grantor, and Nettie M. Murray and Marie M. Hallinan, Grantees, dated May 31, 1949, recorded June 14, 1949, in volume 1179 at page 394 of the official records of the county of San Joaquin. (8) The conveyance entered into between the Central Pacific Railway Company, a corporation, and its Lessee, Southern Pacific Company, a corporation, Grantor, and Lodi Winery, Incorporated, Grantee, dated August 2, 1938, recorded May 23, 1940, in volume 692, page 249, of the official records of the county of San Joaquin. SEC. 5. LIMITATIONS ON VALIDATION OF CONVEYANCES. (a) Scope.--Nothing in this Act shall be construed to-- (1) diminish the right-of-way referred to in section 2 to a width of less than fifty feet on each side of the center of the main track or tracks maintained by the Southern Pacific Transportation Company on the date of enactment of this Act; or (2) legalize, validate, or confirm, with respect to any land that is the subject of a conveyance referred to in section 3 or 4, any right or title to, or interest in, such land arising out of adverse possession, prescription, or abandonment, and not confirmed by such conveyance. (b) Minerals.--(1) The United States hereby reserves any federally- owned minerals that may exist in land that is conveyed pursuant to section 2 of this Act, including the right of the United States, its assignees or lessees, to enter upon and utilize as much of the surface of said land as is necessary to remove minerals under the laws of the United States. (2) Any and all minerals reserved by paragraph (1) are hereby withdrawn from all forms of entry, appropriation, and patent under the mining, mineral leasing, and geothermal leasing laws of the United States. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Railroad Right-of-Way Conveyance Validation Act - Validates conveyances of certain lands in San Joaquin and Nevada Counties, California, that form part of the right-of-way granted by the United States to the Central Pacific Railway Company.

To validate conveyances of certain lands in the State of California that form part of the right-of-way granted by the United States to the Central Pacific Railway Company.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accuracy in Medicare Physician Payment Act of 2013''. SEC. 2. EXPERT ADVISORY PANEL REGARDING RELATIVE VALUE SCALE PROCESS USED IN MEDICARE PHYSICIAN FEE SCHEDULE. Section 1848(c)(2) of the Social Security Act (42 U.S.C. 1395m(c)(2)) is amended by adding at the end the following new subparagraph: ``(M) Use of expert advisory panel regarding relative value scale process used.-- ``(i) In general.--For purposes of providing oversight to the processes (including the process described in subparagraph (K)) relating to valuation of physicians' services, not later than 90 days after the date of the enactment of this subparagraph, the Secretary shall establish and appoint an expert outside advisory panel (in this subparagraph referred to as the `panel'). ``(ii) Composition of panel.--The panel shall be composed of individuals with expertise in the valuation of physicians' services, such as individuals who are medical directors for carriers, experts in medical economics and technology diffusion, and private payer plan representatives, and shall include a mix of physicians in different specialty areas, particularly physicians who are not directly affected by changes in the valuation of physicians' services under this section (such as retired physicians and physicians who are employed by managed care organizations or academic medical centers), as well as representatives of individuals enrolled under this part. ``(iii) Duties.-- ``(I) In general.--The panel shall provide oversight to the processes of identifying, reviewing, and adjusting valuations for physicians' services under this section, including activities described in the succeeding provisions of this clause. ``(II) Establishment of screens.-- The panel may establish screens (in addition to the screens identified under subparagraph (K)(ii)) and other means for identifying physicians' services for which there are potentially misvalued codes for review, such as services that have experienced substantial changes in length of stay, site of service, volume, practice expense, and other factors that may indicate changes in physician work. ``(III) Data collection.--The panel may collect data and develop supporting evidence relating to the valuation of physicians' services. ``(IV) Surveys.--The panel may conduct surveys of suppliers of physicians' services and may conduct time and motion studies relating to such valuations. ``(V) Transmitting codes for review and recommendations.--The panel may transmit with supporting evidence codes for review and recommendations through the means described in subparagraphs (I) through (III) of subparagraph (K)(iii). ``(VI) Evaluation of recommendations submitted.--The panel shall evaluate any recommendations submitted through such means (whether pursuant to the solicitation under subclause (V) or otherwise) and report to the Secretary on such evaluation. The panel's activities under subclauses (III) and (IV) may be conducted directly or through contracts with appropriate, qualified entities. ``(iv) Application of faca.--The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the panel, except that section 14 of such Act shall not apply. ``(v) Funding.--The Secretary shall provide for the transfer of not to exceed $10,000,000 for each fiscal year (beginning with fiscal year 2014) from the Federal Medical Supplementary Medical Insurance Trust Fund established in section 1841 to the Center for Medicare & Medicaid Services Program Management Account to carry out this subparagraph, including for the management and staffing of the panel and the conduct of activities described in clause (iii).''.

Accuracy in Medicare Physician Payment Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish and appoint an expert outside advisory panel for purposes of providing oversight to the processes relating to valuation of physicians' services.

Accuracy in Medicare Physician Payment Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Fish and Wildlife Policy Fellowship Program Act of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) Nearly one-third of the population of the United States participates in fish and wildlife-related recreation annually. In 2001, 82 million people participated in wildlife-related recreation, including sport angling, hunting, birding, photography, and other activities. (2) Vibrant, healthy, and well-managed natural living resources are essential to obtaining the economic benefits derived from them. Wildlife-related recreation contributes significantly to the United States economy. In 2001, the economic impact of fishing and hunting was $116,000,000,000 and $68,000,000,000, respectively. In addition, approximately 1,000,000 jobs were created as a result of such recreation. (3) There are over 50 university programs, dozens of State and Federal agencies, and over $1 billion dedicated to fisheries and wildlife research, management, and conservation. (4) Expertise in freshwater and anadromous fisheries and wildlife policy is paramount to the future effective management of the Nation's fish and wildlife resources. (5) The National Sea Grant John A. Knauss Fellowship has been successful in promoting stewardship of the Nation's natural marine and coastal resources. Since 1979, over 528 marine scientists have been awarded fellowships that have enabled them to bring their scientific expertise to the Federal agencies and the Congress while obtaining valuable policy experience. Many of the fellows continue to serve as marine policy professionals in the Federal Government, the private sector, and the university research community. (6) Currently no formal mechanism exists to secure individuals with specific expertise in freshwater and anadromous fisheries, wildlife, or conservation biology, or related natural resource management, while simultaneously providing valuable policy experience within the Federal Government and the Congress. Such a mechanism would support and enhance stewardship of the Nation's fish and wildlife. SEC. 3. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the United States Fish and Wildlife Service. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. AUTHORIZATION OF FISH AND WILDLIFE POLICY FELLOWSHIPS. (a) In General.--The Secretary shall award fellowships to qualified graduate and post-graduate level students engaged in advanced degree programs concerning freshwater and anadromous fish, wildlife, conservation management, or biology. (b) Objectives.--In awarding fellowships under subsection (a), the Secretary shall seek to achieve, with respect to fish and wildlife conservation, the following educational and training objectives: (1) To provide qualified graduate and postgraduate level individuals opportunities for participation in the policy process within the executive and legislative branches of the Federal Government. (2) To provide Federal agencies and the Congress with specific expertise in fish and wildlife management and conservation biology to aid in the effective management of the Nation's natural living resources. (c) Guidelines for Award of Fellowships.--The fellowships shall be awarded pursuant to guidelines established by the Secretary. (d) Term of Fellowships.--A fellowship under subsection (a) shall be for a period of not more than 1 year. (e) Equal Access.-- (1) In general.--The Secretary shall strive to ensure equal access for minority and economically disadvantaged students to the program carried out under subsection (a). (2) Report.--Not later than 1 year after the date of the enactment of this section, and every 2 years thereafter, the Secretary shall submit a report to the Congress describing-- (A) the efforts by the Secretary to ensure equal access for minority and economically disadvantaged students to the fellowship carried out under subsection (a); and (B) the results of such efforts. (f) Administration.--The Director shall administer fellowships under subsection (a). (g) Authorization of Appropriations.-- (1) In general.--To carry out this section there is authorized to be appropriated to the Secretary $1,400,000 for each of fiscal years 2005 through 2009. (2) Limitation on administrative expenses.--Of amounts available to carry out this section each fiscal year, no more than 5 percent may be expended for administrative costs.

National Fish and Wildlife Policy Fellowship Program Act of 2004 - Requires the Secretary of the Interior to award fellowships to qualified graduate and post-graduate level students engaged in advanced degree programs concerning freshwater and anadromous fish, wildlife, conservation management, or biology in order to: (1) provide such students with opportunities to participate in the policy process within executive and legislative branches of the Federal Government; and (2) provide Federal agencies and Congress with specific expertise to aid in the effective management of the nation's natural living resources. Requires the Secretary to strive to ensure equal access to the fellowship program for minority and disadvantaged students and to report to Congress on such efforts. States that the Director of the U.S. Fish and Wildlife Service shall administer fellowships awarded under this Act.

To provide fellowships for graduate and postgraduate level students engaged in advanced degree programs concerning freshwater and anadromous fish, wildlife, or conservation biology, or related natural resource management, to provide expertise and to gain policy experience in Federal executive agencies or the Congress.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Violence Against Children Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) People under the age of 18 make up approximately 12 percent of all crime victims known to police, including 71 percent of all sex crime victims and 38 percent of all kidnaping victims. (2) People from the ages of 12 through 17 are over 2 times more likely to be victims of violent crime than adults. (3) It has been estimated that only 28 percent of crimes against children are actually reported. (4) Some 1,200 children die as a result of abuse each year, and approximately 879,000 children are victims of abuse. (5) Child abuse has long-lasting negative effects upon children and families, including delayed development, depression, substance abuse, and increased likelihood of experiencing or perpetrating domestic violence as an adult. (6) Most local agencies lack adequate resources to protect and serve the needs of children and families that are brought to their attention. (7) Failure to pay child support is in itself a form of neglect, as children who do not receive financial support are more likely to live in poverty, and are therefore more likely to suffer from inadequate education, a lack of quality health care, and a lack of affordable housing. TITLE I--ENHANCED FEDERAL ROLE IN CRIMES AGAINST CHILDREN SEC. 101. ENHANCED PENALTIES. (a) In General.--Chapter 110 of title 18, United States Code, is amended by inserting at the end the following: ``Sec. 2260A. Violence against children ``(a) In General.--Whoever, whether or not acting under color of law, in any circumstance described in subsection (b), by force or threat of force willfully injures or attempts to injure any person under 18 years of age-- ``(1) shall be imprisoned for not more than 10 years and fined in accordance with this title; and ``(2) shall be imprisoned for any term of years or for life, and fined in accordance with this title if-- ``(A) death results from the offense; or ``(B) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ``(b) Circumstances.--For purposes of subsection (a), the circumstances described in this subsection are that-- ``(1) the conduct described in subsection (a) occurs during the course of, or as the result of, the travel of the defendant or the victim-- ``(A) across a State line or national border; or ``(B) using a channel, facility, or instrumentality of interstate or foreign commerce; or ``(2) in connection with the conduct described in subsection (a), the defendant employs a firearm, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce. ``(c) Penalties.--An offense under this section shall also be subject to the penalties provided in section 1111 of this title (as amended by the PROTECT Act) if the offense is also an offense under that section.''. (b) Amendment to Chapter Analysis.--The chapter analysis for chapter 110 of title 18, United States Code, is amended by inserting at the end the following: ``2260A. Violence against children.''. (c) Enhanced Penalties for Existing Crimes When Committed Against Children.--Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this Act and its purposes, the United States Sentencing Commission shall review and amend its guidelines and its policy statements to provide enhanced penalties when the victim of a Federal crime is under the age of 18. (d) GAO Review of State Laws.--Not later than 6 months after the date of enactment of this Act, the Comptroller General of the United States shall-- (1) review the statutory penalties for crimes against children under State laws and the sentencing practices of the States with respect to those crimes, including whether a State provides enhanced penalties when the victim of the crime is a child; and (2) report the findings of the review to Congress. SEC. 102. ENHANCED ASSISTANCE FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE AND LOCAL LAW ENFORCEMENT OFFICIALS. (a) In General.--At the request of a State, Indian tribal government, or unit of local government, the Attorney General shall provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that-- (1) constitutes a crime of violence (as defined in section 16 of title 18, United States Code); (2) constitutes a felony under the laws of the State or Indian tribe; and (3) is committed against a person under 18 years of age. (b) Priority.--If the Attorney General determines that there are insufficient resources to fulfill requests made pursuant to subsection (a), the Attorney General shall give priority to requests for assistance to-- (1) crimes committed by, or believed to be committed by, offenders who have committed crimes in more than 1 State; and (2) rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime. TITLE II--GRANT PROGRAMS SEC. 201. FEDERAL ASSISTANCE TO STATE AND LOCAL LAW ENFORCEMENT. (a) In General.--The Attorney General shall award grants to assist States, Indian tribal governments, and units of local government to develop and strengthen effective law enforcement and prosecution of crimes against children. (b) Purposes.--Grants provided under this section shall provide personnel, training, technical assistance, data collection, and other equipment for the more widespread apprehension, prosecution, and adjudication of persons committing crimes against children, and specifically, for the purposes of-- (1) training law enforcement officers, prosecutors, judges, and other court personnel to more effectively identify and respond to crimes against children; (2) developing, training, or expanding units of law enforcement officers, prosecutors, or courts specifically targeting crimes against children; (3) developing and implementing more effective police and prosecution policies, protocols, orders, and services specifically devoted to preventing, identifying, and responding to crimes against children; (4) developing, installing, or expanding data collection and communication systems, including computerized systems, linking police, prosecutors, and courts for the purpose of identifying and tracking arrests, prosecutions, and convictions for crimes against children; (5) encouraging, developing, and strengthening programs, procedures, and policies that enhance cross-collaboration and cross-communication between law enforcement and child services agencies regarding the care, treatment, and services for child victims; and (6) developing, enlarging, or strengthening programs addressing the needs and circumstances of Indian tribes in dealing with crimes against children. (c) Application.-- (1) In general.--Each State, Indian tribal government, or unit of local government that desires a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require. (2) Requirements.--A State, Indian tribal government, or unit of local government applying for a grant under this section shall-- (A) describe-- (i) the purposes for which the grant is needed; (ii) the intended use of the grant funds; and (iii) the expected results from the use of grant funds; (B) demonstrate that, in developing a plan to implement the grant, the State, Indian tribal government, or unit of local government has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of crimes against children; and (C) certify that-- (i) any Federal funds received under this section will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this section; and (ii) the State, the Indian tribal government, or the State in which the unit of local government is located is in compliance with sections 301 and 302. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $25,000,000 for each of the fiscal years 2004 through 2008. SEC. 202. EDUCATION, PREVENTION, AND VICTIMS' ASSISTANCE GRANTS. (a) In General.--The Attorney General shall award grants to assist States, Indian tribal governments, units of local government, and nongovernmental organizations to provide education, prevention, intervention, and victims' assistance services regarding crimes against children. (b) Purposes.--Grants provided under this section shall be used to provide education, prevention, and intervention services to prevent crimes against children and to provide assistance to children, and the families of children, who are victims of crime, including-- (1) educational seminars; (2) the operation of hotlines; (3) training programs for professionals; (4) the preparation of informational materials; (5) intervention services to prevent crimes against children; (6) other efforts to increase awareness of the facts about, or to help prevent, crimes against children, including efforts to increase awareness in underserved racial, ethnic, and language minority communities; (7) emergency medical treatment for victims; (8) counseling to victims of crimes against children and their families; and (9) increasing the supply of mental health professionals specializing in the mental health of victims of crimes against children. (c) Application.-- (1) In general.--Each State, Indian tribal government, unit of local government, or nongovernmental organization that desires a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require. (2) Requirements.--A State, Indian tribal government, unit of local government, or nongovernmental organization applying for a grant under this section shall-- (A) describe-- (i) the purposes for which the grant is needed; (ii) the intended use of the grant funds; and (iii) the expected results from the use of grant funds; (B) demonstrate that, in developing a plan to implement the grant-- (i) in the case of a State, Indian tribal government, or unit of local government, that the State, Indian tribal government, or unit of local government has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of crimes against children; and (ii) in the case of a nongovernmental organization, that the nongovernmental organization has experience in providing education, prevention, or intervention services regarding crimes against children or has experience in providing services to victims of crimes against children; and (C) certify that-- (i) any Federal funds received under this section will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this section, provided that the Attorney General may waive such requirement for nongovernmental organizations in extraordinary circumstances; and (ii) the State, the Indian tribal government, the State in which the unit of local government is located, or the State in which the nongovernmental organization will operate the activities funded under this section is located, is in compliance with section 303. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $25,000,000 for each of the fiscal years 2004 through 2008. TITLE III--NATIONWIDE PROGRAMS SEC. 301. NATIONWIDE AMBER ALERT. Not later than 3 years after the date of enactment of this Act, each State receiving grants pursuant to section 201 shall have in place a statewide AMBER Alert communications network for child abduction cases. SEC. 302. IMPROVED STATISTICAL GATHERING. Each State receiving grants pursuant to section 201 shall use, or shall be in the process of testing or developing protocols to use, the National Incident-Based Reporting System. SEC. 303. NATIONAL SAFE HAVEN. (a) In General.--Not later than 3 years after the date of enactment of this Act, each State receiving grants pursuant to section 202 shall have in effect a statute that-- (1) permits a parent to leave a newborn baby with a medically-trained employee of a hospital emergency room anonymously without any criminal or other penalty; (2) includes a mechanism to encourage and permit a hospital employee in the receiving hospital to collect information about the medical history of the family subject to the approval of the parent; (3) requires law enforcement entities in the State, immediately after relinquishment of a child under paragraph (1), to search State and Federal missing person databases to ensure that the child has not been reported missing; and (4) includes a plan for publicizing the State's Safe Haven law. (b) Exception.--Notwithstanding subsection (a)(1), a State statute in effect pursuant to this section may deny a parent the ability to leave a newborn baby anonymously without any criminal or other penalty if the newborn baby shows signs of abuse or appears to have been intentionally harmed. SEC. 304. IMPROVED CHILD PROTECTION SERVICES PROGRAMS. (a) Report by States.--Not later than 180 days after the date of enactment of this Act, each State receiving an allotment for child welfare services under subpart 1 of part B of title IV of the Social Security Act (42 U.S.C. 620 et seq.) shall submit to the Secretary of Health and Human Services a report detailing the State's program funded under that subpart, including the process for maintaining records and verifying the well-being of the children under the State's care. (b) GAO Study.--Not later than 180 days after the date of enactment of this Act, the General Accounting Office shall report to Congress on State practices and policies under the child welfare program funded under subpart 1 of part B of title IV of the Social Security Act (42 U.S.C. 620 et seq.). The report shall include the following: (1) How States are maintaining records and verifying the well-being of the children under their care, including how well States are keeping track of where those children are. (2) Whether and how the review system being undertaken by the Secretary of Health and Human Services is helping States to reform their child welfare system. (3) The best practices being implemented by the States. (4) Recommendations for legislative changes by Congress. TITLE IV--CHILD SUPPORT ENFORCEMENT SEC. 401. SENSE OF THE SENATE ON TAX TREATMENT OF CHILD SUPPORT. It is the sense of the Senate that Congress should pass legislation to extend the current Federal tax treatment on bad debt to nonpayment of child support by-- (1) allowing those that do not receive the child support they are owed to deduct that amount from their Federal income taxes; and (2) requiring those who fail to pay child support to add the unpaid amount to their income for Federal tax purposes.

Violence Against Children Act of 2003 - Amends the Federal criminal code to prescribe penalties to be imposed for injuring or attempting to injure a person under 18 years of age (including life imprisonment if death results or if the offense includes kidnaping, aggravated sexual abuse, or attempting to kill) under circumstances in which: (1) the conduct occurs during the course of, or as a result of, the travel of the defendant or victim across a State line or national border; or (2) in connection with such conduct, the defendant employs a weapon that has traveled in interstate or foreign commerce. Directs the: (1) United States Sentencing Commission to review and amend its guidelines to provide enhanced penalties when the victim of a Federal crime is under 18; and (2) the Comptroller General to review State penalties and sentencing guidelines for crimes against children.Requires the Attorney General: (1) at the request of a State, Indian tribal government, or local government, to provide assistance in the criminal investigation or prosecution of any felony crime of violence against a child; and (2) to award grants to develop and strengthen effective law enforcement and prosecution of crimes against children and to provide education, prevention, intervention, and victims' assistance services regarding crimes against children.Requires each State receiving: (1) law enforcement grants under this Act to have in place a statewide AMBER Alert communications network for child abduction cases and to use the National Incident-Based Reporting System; (2) education, prevention, and victims' assistance grants to have in effect a statute allowing a parent to leave a newborn baby at a hospital anonymously; and (3) certain allotments for child welfare allotments to submit to the Secretary of Health and Human Services a report on the State's funded program, including the process for maintaining records and verifying the well-being of the children under the State's care.

To provide enhanced Federal enforcement and assistance in preventing and prosecuting crimes of violence against children.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Backlog Reduction Act of 2011''. SEC. 2. EXPEDITED REMOVAL OF INADMISSIBLE ARRIVING ALIENS. Section 235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)) is amended by striking clauses (i) through (iii) and inserting the following: ``(i) In general.--If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States, or who has not been admitted or paroled into the United States and has not been physically present in the United States continuously for the 4-year period immediately prior to the date of the determination of inadmissibility under this paragraph, is inadmissible under section 212(a)(6)(C) or 212(a)(7), the officer shall order the alien removed from the United States without further hearing or review, unless-- ``(I) the alien has been charged with a crime; ``(II) the Secretary determines that the alien presents a significant risk to national security; or ``(III) the alien indicates an intention to apply for asylum under section 208 or a credible fear of persecution and the officer determines that the alien has been physically present in the United States for less than 1 year. ``(ii) Claims for asylum.--If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States, or who has not been admitted or paroled into the United States and has not been physically present in the United States continuously for the 4-year period immediately prior to the date of the determination of inadmissibility under this paragraph, is inadmissible under section 212(a)(6)(C) or 212(a)(7), and the alien indicates either an intention to apply for asylum under section 208 or a credible fear of persecution, the officer shall refer the alien for an interview by an asylum officer under subparagraph (B) if the officer determines that the alien has been physically present in the United States for less than 1 year.''. SEC. 3. EXPEDITED REMOVAL OF CRIMINAL ALIENS. (a) In General.--Section 238 of the Immigration and Nationality Act (8 U.S.C. 1228) is amended-- (1) by amending the section heading to read as follows: ``expedited removal of criminal aliens''; (2) in subsection (a), by amending the subsection heading to read as follows: ``Expedited Removal From Correctional Facilities''; (3) in subsection (b), by amending the subsection heading to read as follows: ``Removal of Criminal Aliens''; (4) in subsection (b), by striking paragraphs (1) and (2) and inserting the following: ``(1) The Secretary of Homeland Security may, in the case of an alien described in paragraph (2), determine the deportability of such alien and issue an order of removal pursuant to the procedures set forth in this subsection or section 240. ``(2) An alien is described in this paragraph if the alien, whether or not admitted into the United States-- ``(A) was convicted of any criminal offense described in subparagraph (A)(iii), (C), or (D) of section 237(a)(2); and ``(B) at the time of the commission of the offense of which that alien was convicted, that alien was-- ``(i) not lawfully admitted for permanent residence; or ``(ii) had permanent resident status on a conditional basis (as described in section 216).''; (5) in the first subsection (c) (relating to presumption of deportability), by striking ``convicted of an aggravated felony'' and inserting ``described in paragraph (b)(2)''; and (6) by redesignating the second subsection (c) (relating to judicial removal) as subsection (d). (b) Limit on Injunctive Relief.--Section 242(f)(2) of such Act (8 U.S.C. 1252(f)(2)) is amended by inserting ``or stay, whether temporarily or otherwise,'' after ``enjoin''.

Immigration Backlog Reduction Act of 2011 - Amends the Immigration and Nationality Act to set forth provisions regarding the expedited removal of: (1) inadmissible arriving aliens, and (2) criminal aliens.

To provide for expedited removal of certain aliens, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Innovation Competitiveness Act of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) If the United States is to dominate the next critically decisive stage of industrial progress, it must be the first to create the technologies and skilled workforce capable of taking advantage of new high technology opportunities. (2) Research, innovation, and human capital are our principal strengths. By sustaining United States investments in research and finding collaborative arrangements to leverage existing resources and funds in a scarce budget environment, we ensure that America remains at the forefront of scientific and technological capability. (3) The United States has begun to confront a new level of global competition. (4) The United States remains a leading attraction for innovating talent and entrepreneurial activity. The United States's research and development system is the best in the world. It comprises the world's largest market and promotes a vibrant entrepreneurial business climate. (5) For the United States to maintain its high standards of living through continued economic prosperity over the long- term, the basic components of the Nation's innovation ecosystems must remain healthy. (6) Technology transfer of publicly funded research is a critical mechanism for optimizing the return on taxpayer investment, particularly where other benefits are not measurable at all or are very long-term. (7) Active marketing and educational campaigns tailored by individual Federal agencies on their respective research and development activities are important where-- (A) inventions have multiple applications and may need to be matched-up with commercial enterprises representing several industries; and (B) new invention applications may require rapid development and dissemination by companies not otherwise known by the agency. (8) Technology transfer has become a very broad activity, with many stakeholders and users. Aggregating available technology transfer resources into a single location, available in an electronic format, would help-- (A) facilitate the access, administration, education, monitoring, and efficiency of technology transfer activities with the government; (B) stimulate further interaction and responsiveness from the private sector; and (C) facilitate the formation of much needed technology transfer databases and provide opportunities to examine and track more refined measurements of technology flows. (9) A 2003 Department of Commerce survey reported that only 34 percent of the Federal laboratories surveyed formed laboratory industrial advisory committees. These committees can advocate and promote effective communication between Federal laboratories and the user communities to help facilitate mutual understanding and leverage maximum impact of the research conducted. (10) Because the entire innovation process is continuing to evolve in an arena of increasing global competition, identifying metrics to quantify program effectiveness is of increasing importance. Metrics need to take into account a wide range of steps in a highly complex process, as well as the ultimate product or service, but should not constrain the continued evolution or development of new technology transfer approaches. In addition, these metrics need to accommodate. (A) characteristics unique to varying industries; and (B) mission differences between the licensing institutions. (11) Local and regional impacts from Federal research and development activities have a direct impact on communities in which they are conducted. Such activities attract new businesses to these areas, thereby stimulating local economies and improving local education. (12) State governments are already active in providing a friendly and complementary research and development environment. (13) Half of all States each receive half a billion or more Federal research and development dollars yearly. (14) Given the importance of Federal research and development investments to the Nation, States, and localities, little information is widely available. There is a need for a data system that can provide detailed information on all of the activities and scope of the Federal research and development enterprise so that State and local officials can use the information to identify new opportunities for State-Federal research collaboration. SEC. 3. OUTREACH ACTIVITIES. (a) Technology Transfer Director.--The Secretary of Commerce shall designate a Technology Transfer Director within the Technology Administration to perform oversight of and policy development for technology transfer activities at the Department of Commerce. (b) Duties.--The Director shall-- (1) coordinate the activities of the Interagency Working Group on Technology Transfer, oversee the expenditure of funds allocated to the Technology Transfer Working Group; (2) coordinate with each technology partnership ombudsman appointed under section 11 of the Technology Transfer Commercialization Act of 2000 (42 U.S.C. 7261c); (3) establish and maintain procedures for ensuring the effective coordination of the technology transfer outreach activities of the Department between and among-- (A) the National Technical Information Service; (B) the Federal Laboratory Consortium for Technology Transfer; (C) the National Science Foundation; (D) the National Aeronautics and Space Administration; and (E) other appropriate Federal agencies. (b) Responsibilities.--The Director's responsibilities shall include-- (1) coordinating technology transfer activities occurring at National Laboratories and single purpose research facilities; (2) exchanging information about technology transfer practices, including alternative approaches to resolution of disputes involving intellectual property rights and other technology transfer matters; (3) developing and disseminating to the public and prospective technology partners information about opportunities and procedures for technology transfer through a one-stop information virtual center; and (4) providing and disseminating information through prepared material on Federally owned or originated products, processes, and services having potential application to State and local governments and to private industry. (d) Oversight.--The Director shall-- (1) periodically review the procedures maintained under subsection (c) for the purpose of ensuring that such procedures meet the requirements of that subsection; and (2) make such modifications to such procedures as the Director considers appropriate in light of such review in order to better achieve the purposes of this section. SEC. 4. RESEARCH ACTIVITIES. (a) In General.--The Secretary, through the Technology Transfer Director as established by section 3, shall establish a research program within the Technology Administration that will-- (1) involve consultation, as appropriate, with the various units of the Commerce Department, including the Federal Laboratory Consortium for Technology Transfer, each Federal agency's research and technology applications, and utilization (with the consent of the agency involved) of the expertise and services of the National Science Foundation, the National Aeronautics and Space Administration, and other Federal agencies; (2) build upon ongoing efforts of the private sector; and (3) involve consortia that include government and industry. (b) Development of Research Tools and Practices.--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-- (1) best practices for technology transfer, and (2) metrics to quantify technology transfer practices effectiveness, taking into account wide range of differences in technology, market dynamics, intellectual property in varying industrial sectors, as well as different mission differences between licensing institutions. (c) Study.--The Director shall work with industry, trade associations, professional societies, and others-- (1) to develop reliable data on how to improve workforce education and address critical workforce issues, including the availability of scientists and engineers and a readily available pool of skilled employees; (2) to process reviews to reduce complexity of, and time required to complete, technology transfer transactions; (3) to study and assess the implications of technology development and transfer in a global environment, with specific attention to the effects of emerging technology; and (4) to analyze why the widely recognized ``valley of death'' remains an obstacle to the adaption by the private sector of Federal laboratory technologies for use in commercial markets. (d) Dissemination and Technical Assistance Program.--The Director shall oversee a dissemination and technical assistance program to assist with the immediate dissemination and implementation of the practices, standards, and codes developed by the Technology Administration. (e) Reports.-- (1) Initial report.--Not later than 120 days after the date of enactment of this Act, the Director shall submit a report detailing the proposed schedule of studies and other activities to be undertaken under this Act to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Science. (2) Annual progress reports.--Not later than 12 months 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 Technology Administration's activities under this Act. SEC. 5. SMALL BUSINESS ADVOCACY AND ASSISTANCE. The Secretary shall designate a small business advocate within the Department-- (1) to increase the participation of small business concerns, including socially and economically disadvantaged small business concerns, in procurement, collaborative research, technology licensing, and technology transfer activities conducted by the National Laboratories or single- purpose research facilities; (2) to report to the National Laboratory Consortium on the actual participation of small business concerns in procurement and collaborative research along with recommendations, if appropriate, on how to improve participation; (3) to make available to small business concerns training, mentoring, and clear, up-to-date information on how to participate in procurement and collaborative research, including how to submit effective proposals, and information related to alternative approaches to resolution of disputes involving intellectual property rights and other technology transfer matters; (4) to increase awareness inside the National Laboratories and single-purpose research facilities of the capabilities and opportunities presented by small business concerns; and (5) to establish guidelines for a small business program under this Act and report on the effectiveness of such program to the Secretary. SEC. 6. COORDINATE RESEARCH AND DEVELOPMENT EFFORTS WITH STATES. (a) Establishment.--The Secretary shall establish a State and Industry Task Force for the purpose of highlighting areas-- (1) where the Federal government can help in State efforts to provide a complementary research and development environment; and (2) that exist where the Federal government could assist in efforts to help match Federal programs, to the extent possible, with State economic development efforts. (b) Membership.--The Task Force shall be comprised of not fewer than 9 nor more than 15 members appointed by the Secretary, and shall include such representatives from State and local governments, industry, universities, professional societies, Government laboratories, and other organizations as the Secretary considers appropriate based on the Secretary's assessment of the technical and other qualifications of such representatives. (c) Terms.-- (1) In general.--The term of a member of the Task Force shall be 3 years. (2) Staggered terms.--The Secretary may appoint members of the Task Force in a manner that allows the terms of the members serving at any time to expire at spaced intervals so as to ensure continuity in the functioning of the Task Force. (3) Reappointment.--A member of the Task Force whose term expires may be reappointed. (d) Chairperson.--The Task Force shall have a chairperson, who shall be elected by the members. (e) Cooperation.--The heads of Federal agencies shall cooperate with the Task Force in carrying out the requirements of this section and shall furnish to the Task Force such information as the committee considers necessary to enable it to carry out its functions. SEC. 7. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Technology Transfer Director appointed under section 3. (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (3) Small business concern.--The term ``small business concern'' has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632). (4) Socially and economically disadvantaged small business concerns.--The term ``socially and economically disadvantaged small business concerns'' has the meaning given that term in section 8(a)(4) of the Small Business Act (15 U.S.C. 637(a)(4)).

Innovation Competitiveness Act of 2004 - Directs the Secretary of Commerce to designate a Technology Transfer Director within the Technology Administration to perform oversight and policy and development for technology transfer activities at the Department of Commerce. Requires the Director to: (1) coordinate activities of the Interagency Working Group on Technolgy Transfer; (2) coordinate with certain technology partnership ombudsmans; and (3) establish procedures for coordinating the Commerce Department's technology transfer outreach activities between appropriate Federal agencies, including the National Technical Information Service and the Federal Laboratory Consortium for Technology Transfer. Directs the Secretary to establish a research program within the Technology Administration that: (1) involves consultation with the various units of the Commerce Department; (2) builds upon ongoing private sector efforts; and (3) involves consortia. Instructs the Director to work with industry, trade associations, professional societies, and others to: (1) develop improved technology transfer research tools and practices; and (2) conduct a specified study. Requires the Director to oversee a dissemination and technical assistance program for the immediate dissemination and implementation of the practices, standards, and codes developed by the Technology Administration. Directs the Secretary to designate a small business advocate within the Commerce Department to: (1) increase the participation of small business concerns; and (2) establish guidelines for a small business program under this Act. Directs the Secretary to establish a State and Industry Task Force to highlight areas where the Federal Government can help States to provide a complementary research and development environment.

A bill to enhance the Federal investment in research and development and the development of innovative technologies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Coverage Assistance for the Unemployed Act of 2001''. SEC. 2. PREMIUM ASSISTANCE FOR COBRA CONTINUATION COVERAGE. (a) Establishment.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Secretary of Labor shall establish a program under which premium assistance for COBRA continuation coverage shall be provided for qualified individuals under this section. (2) Qualified individuals.--For purposes of this section, a qualified individual is an individual who-- (A) establishes that the individual-- (i) on or after January 1, 2001, and before January 1, 2003, became entitled to elect COBRA continuation coverage (other than solely on the basis described in paragraph (3), (4), (5), or (6) of section 603 of the Employee Retirement Income Security Act of 1974); and (ii) has elected such coverage; and (B) enrolls in the premium assistance program under this section by not later than December 31, 2002. (b) Limitation of Period of Premium Assistance.--Premium assistance provided under this subsection shall end with respect to an individual on the earlier of-- (1) the date the individual is no longer covered under COBRA continuation coverage; or (2) 18 months after the date the individual is first enrolled in the premium assistance program established under this section. (c) Payment, and Crediting of Assistance.-- (1) Amount of assistance.--Premium assistance provided under this section shall be equal to 75 percent of the amount of the premium required for the COBRA continuation coverage. (2) Provision of assistance.--Premium assistance provided under this section shall be provided through the establishment of direct payment arrangements with the administrator of the group health plan (or other entity) that provides or administers the COBRA continuation coverage. It shall be a fiduciary duty of such administrator (or other entity) to enter into such arrangements under this section. (3) Premiums payable by qualified individual reduced by amount of assistance.--Premium assistance provided under this section shall be credited by such administrator (or other entity) against the premium otherwise owed by the individual involved for such coverage. (d) Change in COBRA Notice.-- (1) General notice.-- (A) In general.--In the case of notices provided under sections 606 of the Employee Retirement Income Security Act of 1974, section 2206 of the Public Health Service Act, and section 4980B(f)(6) of the Internal Revenue Code of 1986 with respect to individuals who, on or after January 1, 2001, and before January 1, 2003, become entitled to elect COBRA continuation coverage, such notices shall include an additional notification to the recipient of the availability of premium assistance for such coverage under this section. (B) Alternative notice.--In the case of COBRA continuation coverage to which the notice provisions described in subparagraph (A) do not apply, the Secretary of Labor shall, in coordination with administrators of the group health plans (or other entities) that provide or administer the COBRA continuation coverage involved, assure provision of such notice. (C) Form.--The requirement of the additional notification under this paragraph may be met by amendment of existing notice forms or by inclusion of a separate document with the notice otherwise required. (2) Specific requirements.--Each additional notification under paragraph (1) shall include-- (A) the forms necessary for establishing eligibility under subsection (a)(2)(A) and enrollment under subsection (a)(2)(B) in connection with the coverage with respect to each covered employee or other qualified beneficiary; (B) the name, address, and telephone number necessary to contact the plan administrator and any other person maintaining relevant information in connection with the premium assistance; and (C) the following statement displayed in a prominent manner: ``You may be eligible to receive assistance with payment of 75 percent of your COBRA continuation coverage premiums for a duration of not to exceed 18 months.''. (3) Notice relating to retroactive coverage.--In the case of such notices previously transmitted before the date of the enactment of this Act in the case of an individual described in paragraph (1) who has elected (or is still eligible to elect) COBRA continuation coverage as of the date of the enactment of this Act, the administrator of the group health plan (or other entity) involved or the Secretary of Labor (in the case described in the paragraph (1)(B)) shall provide (within 60 days after the date of the enactment of this Act) for the additional notification required to be provided under paragraph (1). (4) Model notices.--The Secretary of Labor shall prescribe models for the additional notification required under this subsection. (e) Obligation of Funds.--This section constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment of premium assistance under this section. (f) Prompt Issuance of Guidance.--The Secretary of Labor shall issue guidance under this section not later than 30 days after the date of the enactment of this Act. (g) Definitions.--In this Act: (1) Administrator.--The term ``administrator'' has the meaning given such term in section 3(16) of the Employee Retirement Income Security Act of 1974. (2) COBRA continuation coverage.--The term ``COBRA continuation coverage'' means continuation coverage provided pursuant to title XXII of the Public Health Service Act, section 4980B of the Internal Revenue Code of 1986 (other than subsection (f)(1) of such section insofar as it relates to pediatric vaccines), part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (other than under section 609), section 8905a of title 5, United States Code, or under a State program that provides continuation coverage comparable to such continuation coverage. (3) Group health plan.--The term ``group health plan'' has the meaning given such term in section 9832(a) of the Internal Revenue Code of 1986. (4) State.--The term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 3. OPTIONAL TEMPORARY MEDICAID COVERAGE FOR UNINSURED ELIGIBLE EMPLOYEES. (a) In General.--Notwithstanding any other provision of law, a State may elect to provide, under its medicaid program under title XIX of the Social Security Act, medical assistance in the case of an individual who is eligible for unemployment benefits, who is not eligible for COBRA continuation coverage, and who is uninsured. For purposes of this section, an individual is considered to be uninsured if the individual is not covered under a group health plan, health insurance coverage, or under such program or a program under title XVIII or XXI of such Act. (b) Limitation to 18 Months of Coverage.--Assistance under this section shall end with respect to an individual on the earlier of-- (1) the date the individual is no longer uninsured; or (2) 18 months after the date the individual is first determined to be eligible for medical assistance under this section. (c) Special Rules.--In the case of medical assistance provided under this section-- (1) the Federal medical assistance percentage under section 1905(b) of the Social Security Act shall be 100 percent; (2) a State may elect to disregard any income, asset, or resource limitation imposed under the State medicaid plan or under title XIX of such Act, except, notwithstanding any other provision of law, a State shall condition eligibility for assistance under this section upon the payment of a monthly premium approximating 25 percent of the average cost of providing the assistance under this section; (3) such medical assistance shall not be provided for periods before the date the individual is determined eligible for such assistance; (4) a State may elect to make eligible for such assistance a dependent spouse or children of an individual eligible for medical assistance under subsection (a), if such spouse or children are uninsured; and (5) individuals eligible for medical assistance under this section shall be deemed to be described in the list of individuals described in the matter preceding paragraph (1) of section 1905(a) of such Act.

Health Care Coverage Assistance for the Unemployed Act of 2001 - Directs the Secretary of Labor to establish an emergency health coverage assistance program to provide premium assistance for qualified individuals for Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) continuation coverage under the Employee Retirement Income Security Act of 1974 (ERISA).Allows a State to elect to provide temporary Medicaid coverage for individuals who are: (1) eligible for unemployment benefits; (2) not eligible for COBRA continuation coverage; and (3) not covered under a group health plan, health insurance, Medicare, or Medicaid.

To provide for premium assistance for COBRA continuation coverage for certain individuals and to permit States to provide temporary Medicaid coverage for certain uninsured employees.

SECTION 1. SHORT TITLE. This Act may be cited as ``Foreign Credit Reform Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) Unsustainable debt in the world's poorest countries constitutes a serious impediment to the development of stable democratic political structures, broad-based economic growth, poverty eradication, and food security. (2) Financing should be appropriate for the purposes for which it is used and should, to the maximum extent possible, generate a return sufficient to pay the principal and interest due. As such, long-term lending for perishable goods, such as food commodities, may be construed as inappropriate to the extent that it places a long-term debt burden on the recipient country without generating sufficient revenues with which to service the debt. (3) Since 1955, the United States has extended more than $27,800,000,000 in loans for food under title I of the Agricultural Trade Development and Assistance Act of 1954 (commonly referred to as ``PL 480''), $10,632,858,000 of which remained outstanding at the end of 2002. (4) As of December 31, 2002, arrears on principal and interest payments under title I of PL 480 totaled $1,241,472,000. (5) Since 1992 the United States provided the independent states of the former Soviet Union with $1,601,500,000 in loans for food under title I of PL 480, for which these countries are estimated to have paid $112,748,000 in principal and interest in 2003. Russia alone has received $1,035,000,000 in credits, paying an estimated $79,695,000 in principal and interest in 2003. (6) Rising debt stocks and debt-to-export ratios may undermine a country's credit worthiness and jeopardize its ability to borrow from commercial lenders. (7) Debt reduction contributes marginally to a country's development prospects if new debt is allowed to create the next generation of heavy indebtedness. Therefore, President Bush's initiative, adopted by Group of Seven (G-7) leaders at the June 2002 summit, to increase World Bank grant assistance to the most heavily indebted poor countries is a crucial step toward alleviating poverty, curbing future unsustainable debt, and providing for urgent human needs in countries in which people live on less than one dollar a day. Replacing loans with targeted grants will eliminate the need for governments to repay long-term investments in people, especially for education, health, nutrition, water supply, and sanitation purposes. (8) The G-7 agreement at the June 2002 summit to fully fund the remaining costs of the enhanced Heavily Indebted Poor Country (HIPC) initiative is essential to ensuring that eligible debt-distressed nations receive full benefits under the HIPC debt relief measure. (9) The United States has been a leading voice for more than a decade in international debt reduction initiatives for poor countries, including a 1991 initiative to cancel $689,000,000 in food loans under title I of PL 480 owed by 15 sub-Saharan African countries. (10) The United States must continue its leadership role to encourage full participation by all Paris Club creditors in multilateral debt negotiations. (11) Several poor countries that are not eligible for enhanced HIPC debt reduction terms face a severe debt overhang that undermines increased resource allocation for development and discourages productive investment. (12) The World Bank, which has provided over $1,700,000,000 since 1986 to fight the spread of HIV/AIDS, should continue to place the highest priority on programs to combat infectious diseases, including HIV/AIDS, malaria, and tuberculosis. (13) Debt reduction is an important, but only partial solution to long-term development. Promoting an environment that will stimulate internal economic growth, promote trade and external investment, and encourage responsible governance are the most important ingredients for sustainable growth. TITLE I--MULTILATERAL DEBT RELIEF SEC. 101. SUPPORT FOR THE HIPC TRUST FUND. Section 801(b)(1) of H.R. 5526 of the 106th Congress, as introduced on October 24, 2000, and enacted into law by section 101(a) of Public Law 106-429 (and contained in the appendix thereto) is amended by striking ``2003, $435,000,000'' and inserting ``2006, such sums as may be necessary''. SEC. 102. DEBT SERVICE REINVESTED INTO THE GLOBAL FUND. The Bretton Woods Agreements Act (22 U.S.C. 286-286oo) is further amended by adding at the end the following: ``SEC. 64. DEBT SERVICE REINVESTED INTO THE GLOBAL FUND. ``(a) Negotiation of Agreement.--The Secretary of the Treasury shall seek to negotiate an agreement among the member countries of the Bank and the Fund, under which, on approval by the Global Fund of a grant proposal originating from an eligible country, the Bank and the Fund shall make a contribution to the Global Fund in an amount equal to the amount of the grant award for the year, except that the total amount of the contributions so made with respect to the country during a year shall not exceed the total amount of debt service payments made by the country to the Bank and the Fund during the year. ``(b) Definitions.--In this section: ``(1) Global fund.--The term `Global Fund' means the public-private partnership known as the Global Fund to Fight AIDS, Tuberculosis and Malaria that was established upon the call of the United Nations Secretary General in April 2001. ``(2) Eligible country.--The term `eligible country' means a country-- ``(A) which has received debt relief under the Enhanced HIPC Initiative; and ``(B) in which the prevalence of HIV/AIDS among individuals who have attained 15 years of age but have not attained 49 years of age is not less than 5 percent. ``(3) Enhanced hipc initiative.--The term `Enhanced HIPC Initiative' means the multilateral debt initiative for heavily indebted poor countries presented in the Report of G-7 Finance Ministers on the Cologne Debt Initiative to the Cologne Economic Summit, Cologne, June 18-20, 1999. ``(4) HIV/AIDS.--The term `HIV/AIDS' means, with respect to an individual, an individual who is infected with HIV or living with AIDS. ``(5) HIV.--The term `HIV' means the human immunodeficiency virus, the pathogen that causes AIDS. ``(6) AIDS.--The term `AIDS' means the acquired immune deficiency syndrome.''. TITLE II--BILATERAL DEBT RELIEF SEC. 201. ACTIONS TO PROVIDE BILATERAL DEBT RELIEF. Section 501(i) of H.R. 3425 of the 106th Congress, as introduced on November 17, 1999, and enacted into law by section 1000(a)(5) of Public Law 106-113 (and contained in Appendix E thereto), is amended by striking ``2004'' and inserting ``2005''. SEC. 202. DEBT FORGIVENESS UNDER TITLE I OF PUBLIC LAW 480. (a) Debt Forgiveness.--For each of the fiscal years 2005 and 2006, the President is authorized and encouraged to use the authority of section 411 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1736e) to waive payments of principal and interest that a country described in subsection (b) would otherwise be required to make to the Commodity Credit Corporation under dollar sales agreements under title I of such Act (7 U.S.C. 1701 et seq.). (b) Country Described.--A country referred to in subsection (a) is a country-- (1) which has outstanding public and publicly guaranteed debt, the net present value of which on December 31, 2003, was at least 150 percent of the value of exports of the country in 2003; or (2) whose debt service payments on public and publicly guaranteed debt exceeded 8 percent of the value of its exports in 2003. (c) Applicable Provisions.--Except to the extent inconsistent with the provisions of this section, section 411 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1736e) (except subsection (e) of such section) shall apply with respect to the authority to waive payments of principal and interest under this section to the same extent and in the same manner as such section applies to the authority to waive payments of principal and interest under section 411 of such Act. (d) Authorization of Appropriations.--For the cost (as defined in section 502 of the Federal Credit Reform Act of 1990) for the reduction or cancellation of any debt pursuant to this section, there are authorized to be appropriated to the President for each of the fiscal years 2005 and 2006 such sums as may be necessary. SEC. 203. MISCELLANEOUS AMENDMENTS. (a) Financing Assistance Under Title I of Public Law 480.--Section 101(b) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1701(b)) is amended-- (1) by striking ``To carry out the policies'' and inserting the following: ``(1) In general.--To carry out the policies''; (2) by striking ``developing countries'' and inserting ``developing countries described in paragraph (2)''; and (3) by adding at the end the following: ``(2) Developing country described.--A developing country referred to in paragraph (1) is a developing country that meets the following requirements: ``(A) The country is not prohibited from receiving assistance under the Foreign Assistance Act of 1961 by reason of the application of section 620(q) of such Act and irrespective of whether or not the President has determined that assistance to the country is in the national interest of the United States. ``(B) The country is not in default, during a period in excess of six calendar months, in payment to the United States of principal or interest on any loan made to such country under this title or under any other provision of law. ``(C) The country is not a low-income country or lower-middle income country, as defined by the International Bank for Reconstruction and Development in its World Development Indicators Report (issued in April 2004 and updated annually). ``(D) The country is not a severely-indebted country or moderately-indebted country as defined by the International Bank for Reconstruction and Development in its World Development Indicators Report (issued in April 2004 and updated annually).''. (b) Economic Assistance Under the Foreign Assistance Act of 1961.-- Section 620(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(q)) is amended-- (1) by inserting after ``under this Act'' the second place it appears the following: ``or under title I of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1701 et seq.)''; and (2) by adding at the end the following: ``A determination by the President under the preceding sentence that assistance to a country is in the national interest of the United States shall be effective for a period not to exceed one calendar year.''.

Foreign Credit Reform Act of 2004 - Amends Federal law to extend authorization of appropriations for the U.S. contribution to the Heavily Indebted Poor Country (HIPC) Trust Fund. Amends the Bretton Woods Agreements Act to direct the Secretary of the Treasury to negotiate an agreement under which the International Bank for Reconstruction and Development and the International Monetary Fund shall contribute to the Global Fund to Fight AIDS, Tuberculosis and Malaria an amount equal to the amount of a country's annual debt service made to the Bank and the Fund. Authorizes the President to waive certain Agricultural Trade Development and Assistance Act of 1954 principal and interest payments owed to the Commodity Credit Corporation by eligible debt-heavy countries for FY 2005 and 2006. Amends such Act to define "developing country" for purposes of title I assistance.

To provide multilateral and bilateral debt relief for developing countries, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Desegregation Litigation Reform Act of 1996''. SEC. 2. APPROPRIATE REMEDIES IN SCHOOL CASES. (a) In General.--Section 213 of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1712) is amended to read as follows: ``Sec. 213. Appropriate remedies in school cases ``(a) Requirements for Relief.-- ``(1) Prospective relief.--(A) A Federal court shall not have jurisdiction to award prospective relief in any civil action with respect to the operation of public schools that extends further than necessary to remedy the violation of a Federal right of a plaintiff. ``(B) A Federal court shall not have jurisdiction to grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to remedy the violation of the Federal right, and is the least intrusive means necessary to remedy the violation of the Federal right. ``(C) A Federal court shall not have jurisdiction to order any prospective relief that requires or permits a government official to exceed authority under State or local law or otherwise violates State or local law, unless-- ``(i) Federal law requires such relief to be ordered in violation of State or local law; ``(ii) the relief is necessary to remedy a violation of a Federal right; and ``(iii) no other relief will remedy the violation of a Federal right. ``(D) Nothing in this section shall be construed to authorize a Federal court, in exercising its remedial powers, to order the assignment of students to particular schools on the basis of race, color, or national origin, to order the raising of taxes, or to repeal, or make less restrictive from otherwise applicable limitations, the remedial powers of the courts. ``(2) Student assignment orders.--(A) In any civil action with respect to the operation of public schools, a Federal court shall not have jurisdiction to enter a student assignment order unless-- ``(i) a Federal court has previously entered an order for less intrusive relief that has failed to remedy the violation of the Federal right sought to be remedied through the student assignment order; and ``(ii) the defendant has had a reasonable time to comply with the previous court order. ``(B)(i) In any civil action with respect to the operation of the public schools, a student assignment order shall be entered only by a three-judge court in accordance with section 2284 of title 28, United States Code. ``(C) A party seeking a student assignment order in a Federal court shall file with any request for such relief, a request for a three-judge court and materials sufficient to demonstrate that the requirements of subparagraph (a) have been met. ``(D) The three-judge court shall enter a student assignment order only if the court finds by clear and convincing evidence that-- ``(i) the requirements of subparagraph (a) have been met; and ``(ii) no other relief will remedy the violation of the Federal right. ``(b) Termination of Relief.-- ``(1) Termination of prospective relief.--(A) Subject to the limitation set forth in paragraph (3), in any civil action with respect to the operation of the public schools in which prospective relief is ordered, such relief shall be terminated upon the motion of any party or intervenor-- ``(i) 2 years after the date the court granted or approved the prospective relief; or ``(ii) 1 year after the date the court has entered an order denying termination of prospective relief under this paragraph. ``(B) Nothing in this section shall prevent the parties from agreeing to terminate or modify relief before the relief is terminable under subparagraph (A). ``(2) Immediate termination of prospective relief.--In any civil action with respect to the operation of the public schools, a defendant or intervenor shall be entitled to the immediate termination of any prospective relief if the relief was approved or granted in the absence of a finding by the court that the relief is narrowly drawn, extends no further than necessary to remedy the violation of the Federal right, and is the least intrusive means necessary to remedy the violation of the Federal right. ``(3) Limitation.--(A) Prospective relief shall not terminate if the court previously entered the prospective relief after finding it necessary to remedy a violation of a Federal right and the plaintiff establishes by a preponderance of the evidence that prospective relief remains necessary to remedy a current and ongoing violation of that Federal right. The court shall not permit discovery. ``(B) Nothing in this section shall prevent any plaintiff from bringing a new civil action with respect to the operation of the public schools against a party to a pending civil action with respect to the operation of the public schools for a new violation of a Federal right, or obtaining prospective relief consistent with the provisions of this section for such a new violation. If a new action is brought in Federal court, it shall not be heard by any judge who has previously entered an order for prospective relief in a civil action that has been in effect for longer than 2 years with respect to the operation of the public schools. ``(4) Termination or modification of relief.--Nothing in this section shall prevent any party or intervenor from seeking modification or termination before the relief is terminable under paragraph (1) or (2), to the extent that modification or termination would otherwise be legally permissible. ``(c) Settlements.-- ``(1) Consent decrees.--In any civil action with respect to the operation of public schools, a Federal court shall not have jurisdiction to enter or approve a consent decree unless it complies with the limitations on relief set forth in subsection (a). ``(2) Private settlement agreements.--Nothing in this section shall preclude parties from entering into a private settlement agreement that does not comply with the limitations on relief set forth in subsection (a). ``(d) Procedure for Motions Affecting Prospective Relief.--The court shall promptly rule on any motion to modify or terminate prospective relief in a civil action with respect to the operation of the public schools. ``(e) Special Masters.--In any civil action with respect to the operation of public schools-- ``(1) In general.--(A) The court may appoint a special master who shall be disinterested and objective to conduct hearings on the record and prepare proposed findings of fact. ``(B) The court shall appoint a special master during the remedial phase of the action only upon a finding that the remedial phase will be sufficiently complex to warrant the appointment. ``(2) Appointment.--(A) If the court determines that the appointment of a special master is necessary, the court shall request that the defendant and the plaintiff each submit a list of not more than 5 persons to serve as a special master. ``(B) Each party shall have the opportunity to remove up to 3 persons from the opposing party's list. ``(C) The court shall select the master from the persons remaining on the list after the application of subparagraph (B). ``(D) If the court determines that the persons remaining on the list are not qualified to serve as special master, the court may appoint a person not on the list with the consent of all parties. ``(3) Interlocutory appeal.--Any party shall have the right to an interlocutory appeal of the judge's selection of the special master, on the ground of partiality. ``(4) Compensation.--The compensation to be allowed to a special master shall be based on an hourly rate not greater than the hourly rate established under section 3006A of title 18 for payment of court-appointed counsel, plus costs reasonably incurred by the special master. Such compensation and costs shall be paid with funds appropriated to the judiciary. In no event shall the court require the parties to pay the compensation or costs of the special master. ``(5) Regular review of appointment.--The court shall review the appointment of the special master every 6 months to determine whether the services of the special master continue to be required under paragraph (1). In no event shall the appointment of a special master extend beyond the termination of the relief. ``(6) Limitations on powers and duties.--A special master appointed in any civil action with respect to the operation of public schools-- ``(A) may be authorized by a court to conduct hearings on the record and shall make any findings of fact based on the record as a whole; ``(B) shall not make any findings or communications ex parte; and ``(C) may be removed at any time, but shall be relieved of the appointment upon the termination of relief. ``(7) The requirements of paragraphs (1) through (4) shall apply only to special masters appointed after the date of enactment of School Desegregation Litigation Reform Act of 1996. ``(f) Intervention.--In any civil action with respect to the operation of public schools, any State or local official or unit of government whose jurisdiction includes the appropriation of funds for, or the operation of, public schools shall have standing to oppose the imposition or continuation in effect of prospective relief and to seek termination of such relief, and shall have the right to intervene in any proceeding relating to such relief. ``(g) Definitions.--As used in this section-- ``(1) the term `consent decree' means any relief entered by the court that is based in whole or in part upon the consent or acquiescence of the parties, but does not include private settlement agreements; ``(2) the term `civil action with respect to the operation of public schools' means any civil proceeding arising under Federal law with respect to the operation of any public school system by any State or local government that alleges that the public school system has been or is being operated in violation of the 5th or 14th amendment rights or any other provision of Federal law that guarantees equal educational opportunity; ``(3) the term `student assignment order' includes any order, including a temporary restraining order or preliminary injunctive relief, that has the purpose or effect of directing or regulating the particular public school to which students are assigned to attend; ``(4) the term `private settlement agreement' means an agreement entered into among the parties that is not subject to judicial enforcement other than the reinstatement of the civil proceeding that was concluded as a result of the agreement entering into force; ``(5) the term `prospective relief' means all relief other than compensatory monetary damages, including the appointment of a special master; ``(6) the term `special master' means any person appointed by a Federal court pursuant to rule 53 of the Federal Rules of Civil Procedure or pursuant to any power of the court to exercise the powers of a master, regardless of the title or description given by the court; ``(7) the term `relief' means all relief in any form that may be ordered or approved by the court, and includes consent decrees but does not include private settlement agreements; and ``(8) the term `violation of a Federal right' includes a violation of a Federal constitutional or Federal statutory right, but does not include a violation of a court order that is not independently a violation of a Federal constitutional or Federal statutory right.''. (b) Application of Amendment.--Section 213 of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1712), as amended by this section, shall apply with respect to all prospective relief whether such relief was originally ordered or approved before, on, or after the date of the enactment of this Act. SEC. 3. DENIAL OF EQUAL EDUCATIONAL OPPORTUNITY PROHIBITED. Section 204 of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1703) is amended to read as follows: ``Sec. 204. Denial of equal educational opportunity prohibited ``No State shall deny equal educational opportunity to an individual on account of race, color, or national origin, by-- ``(1) the intentional segregation by an educational agency of students on the basis of race, color, or national origin among or within schools; ``(2) the assignment or transfer by the State, the courts of any State, any educational agency or official thereof, or any Federal agency or official thereof of a student to a school, other than the one closest to the place of residence within the school district in which the student resides, if the assignment was made on the basis of race, color, or national origin, of students among schools in the school district, including assignments made for the purpose of attaining a balance on the basis of race, color, or national origin, unless-- ``(A) such assignment is necessary to remedy the violation of a Federal right (as defined in section 213(g)(8)); and ``(B) there are no other means for remedying the violation of the Federal right; or ``(3) the modification of the lines drawn by the State, subdividing its territory into separate school districts, if the modification was made for the purpose of attaining a balance, on the basis of race, color, or national origin, of students among public schools, unless-- ``(A) such assignment is necessary to remedy the violation of a Federal right (as defined in section 213(g)(8)); and ``(B) there are no other means for remedying the violation of the Federal right.''. SEC. 4. CONFORMING AMENDMENTS. (a) Policy.--Section 202 of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1701) is amended-- (1) in subsection (a), by striking ``(a) The'' and inserting ``The''; and (2) by striking subsection (b). (b) Findings.--Section 203(b) of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1702) is amended in subsection (b) by striking ``elimination of the vestiges of dual school systems, except that the provisions of this title are not intended to modify or diminish the authority of the courts of the United States to enforce fully the fifth and fourteenth amendments to the Constitution of the United States.'', and inserting ``denial of equal educational opportunity, limit the jurisdiction of the Federal courts over the operations of public schools, and prohibit the use of race, color, or national origin as a basis for making school assignments.''. (c) Civil Actions.--Section 207 of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1706) is amended by-- (1) inserting ``or a school district in which such an individual resides on behalf of such an individual, or any State or local official or unit of government whose jurisdiction includes the appropriation of funds for, or the operation of, a school district in which such an individual resides on behalf of such an individual,'' after ``this part'' in the first sentence; and (2) striking ``institute a civil action'', and inserting ``institute or intervene in a civil action''. (d) Sections 214, 215, 216, 217, and 219 of the Equal Educational Opportunities Act of 1974 are repealed.

School Desegregation Litigation Reform Act of 1996 - Amends the Equal Educational Opportunities Act of 1974 with respect to remedies in school cases. Sets forth requirements for relief in such cases. Revises prohibitions against State denial of equal educational opportunity. Allows school districts and State and local governments to institute civil actions on behalf of individuals denied equal educational opportunity. Authorizes the Attorney General to intervene in (as well as institute) such civil actions.

School Desegregation Litigation Reform Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Steel Loan Guarantee Program''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States steel industry has been severely harmed by a record surge of more than 40,000,000 tons of steel imports into the United States in 1998, caused by the world financial crisis; (2) this surge in imports resulted in the loss of more than 10,000 steel worker jobs in 1998, and was the imminent cause of 3 bankruptcies by medium-sized steel companies, Acme Steel, Laclede Steel, and Geneva Steel; (3) the crisis also forced almost all United States steel companies into-- (A) reduced volume, lower prices, and financial losses; and (B) an inability to obtain credit for continued operations and reinvestment in facilities; (4) the crisis also has affected the willingness of private banks and investment institutions to make loans to the U.S. steel industry for continued operation and reinvestment in facilities; (5) these steel bankruptcies, job losses, and financial losses are also having serious negative effects on the tax base of cities, counties, and States, and on the essential health, education, and municipal services that these government entities provide to their citizens; and (6) a strong steel industry is necessary to the adequate defense preparedness of the United States in order to have sufficient steel available to build the ships, tanks, planes, and armaments necessary for the national defense. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``Board'' means the Loan Guarantee Board established under section 5; (2) the term ``Program'' means the Emergency Steel Guaranteed Loan Program established under section 4; and (3) the term ``qualified steel company'' means any company that-- (A) is incorporated under the laws of any State; (B) is engaged in the production and manufacture of a product defined by the American Iron and Steel Institute as a basic steel mill product, including ingots, slab and billets, plates, flat-rolled steel, sections and structural products, bars, rail type products, pipe and tube, and wire rod; and (C) has experienced layoffs, production losses, or financial losses since the beginning of the steel import crisis, after January 1, 1998. SEC. 4. ESTABLISHMENT OF EMERGENCY STEEL GUARANTEED LOAN PROGRAM. There is established the Emergency Steel Guaranteed Loan Program, to be administered by the Board, the purpose of which is to provide loan guarantees to qualified steel companies in accordance with this Act. SEC. 5. LOAN GUARANTEE BOARD MEMBERSHIP. There is established a Loan Guarantee Board, which shall be composed of-- (1) the Secretary of Commerce, who shall serve as Chairman of the Board; (2) the Secretary of Labor; and (3) the Secretary of the Treasury. SEC. 6. LOAN GUARANTEE PROGRAM. (a) Authority.--The Program may guarantee loans provided to qualified steel companies by private banking and investment institutions in accordance with the procedures, rules, and regulations established by the Board. (b) Total Guarantee Limit.--The aggregate amount of loans guaranteed and outstanding at any one time under this Act may not exceed $1,000,000,000. (c) Individual Guarantee Limit.--The aggregate amount of loans guaranteed under this Act with respect to a single qualified steel company may not exceed $250,000,000. (d) Minimum Guarantee Amount.--No single loan in an amount that is less than $25,000,000 may be guaranteed under this Act, except that the Board may, in exceptional circumstances, guarantee smaller loans. (e) Timelines.--The Board shall approve or deny each application for a guarantee under this Act as soon as possible after receipt of such application. (f) Additional Costs.--For the additional cost of the loans guaranteed under this section, including the costs of modifying the loans as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a), there is authorized to be appropriated $140,000,000, to remain available until expended. (g) Requirements for Loan Guarantees.--A loan guarantee may be issued under this Act upon application to the Board by a qualified steel company pursuant to an agreement to provide a loan to that qualified steel company by a private bank or investment company, if the Board determines that-- (1) credit is not otherwise available to that company under reasonable terms or conditions sufficient to meet its financing needs, as reflected in the financial and business plans of that company; (2) the prospective earning power of that company, together with the character and value of the security pledged, furnish reasonable assurance of repayment of the loan to be guaranteed in accordance with its terms; (3) the loan to be guaranteed bears interest at a rate determined by the Board to be reasonable, taking into account the current average yield on outstanding obligations of the United States with remaining periods of maturity comparable to the maturity of such loan; and (4) the company has agreed to an audit by the General Accounting Office, prior to the issuance of the loan guarantee and annually while any such guaranteed loan is outstanding. (h) Terms and Conditions of Loan Guarantees.-- (1) Loan duration.--All loans guaranteed under this Act shall be payable in full not later than December 31, 2005, and the terms and conditions of each such loan shall provide that the loan may not be amended, or any provision thereof waived, without the consent of the Board. (2) Loan security.--Any commitment to issue a loan guarantee under this Act shall contain such affirmative and negative covenants and other protective provisions that the Board determines are appropriate. The Board shall require security for the loans to be guaranteed under this Act at the time at which the commitment is made. (3) Fees.--A qualified steel company receiving a guarantee under this Act shall pay a fee in an amount equal to 0.5 percent of the outstanding principal balance of the guaranteed loan to the Department of the Treasury. (i) Reports to Congress.--The Secretary of Commerce shall submit to the Congress annually a full report of the activities of the Board under this Act during fiscal years 1999 and 2000, and annually thereafter, during such period as any loan guaranteed under this Act is outstanding. SEC. 7. SALARIES AND ADMINISTRATIVE EXPENSES. For necessary expenses to administer the Program, there is authorized to be appropriated to the Department of Commerce $5,000,000, to remain available until expended, which may be transferred to the Office of the Assistant Secretary for Trade Development of the International Trade Administration. SEC. 8. TERMINATION OF GUARANTEE AUTHORITY. The authority of the Board to make commitments to guarantee any loan under this Act shall terminate on December 31, 2001. SEC. 9. REGULATORY ACTION. The Board shall issue such final procedures, rules, and regulations as may be necessary to carry out this Act not later than 60 days after the date of enactment of this Act. SEC. 10. IRON ORE COMPANIES. (a) In General.--Subject to the requirements of this section, an iron ore company incorporated under the law of any State shall be treated as a qualified steel company for purposes of the Program. (b) Total Guarantee Limit for Iron Ore Companies.--Of the aggregate amount of loans authorized to be guaranteed and outstanding at any one time under section 6(b), not to exceed $30,000,000 of the amount of loans guaranteed and outstanding at any one time shall be loans with respect to iron ore companies. (c) Minimum Iron Ore Company Guarantee Amount.--Notwithstanding section 6(d), a single loan to an iron ore company in an amount of not less than $6,000,000 may be guaranteed under this section. SEC. 11. EMERGENCY DESIGNATION. The entire amount made available to carry out this Act-- (1) is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)); and (2) shall be available only to the extent that an official budget request that includes designation of the entire amount of the request as an emergency requirement (as defined in the Balanced Budget and Emergency Deficit Control Act of 1985) is transmitted by the President to the Congress.

Emergency Steel Loan Guarantee Program - Establishes the Emergency Steel Loan Guarantee Program, and the Loan Guarantee Board to administer it, composed of the Secretaries of Commerce, the Treasury, and Labor. Authorizes such Program to guarantee loans by private banking and investment institutions to qualified steel companies, in accordance with Board-established procedures. Sets forth loan guarantee parameters. Authorizes appropriations. Treats an iron ore company as a qualified steel company for purposes of the Program.

Emergency Steel Loan Guarantee Program

SECTION 1. RESOURCE STAFF FOR STUDENTS. Title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et. seq) is amended by adding at the end the following: ``PART L--RESOURCE STAFF FOR STUDENTS ``SEC. 10993. FINDINGS. ``Congress finds the following: ``(1) Although 7,500,000 children under the age of 18 require mental health services, fewer than 1 in 5 of these children receive the services. ``(2) Across the United States, counseling professionals have an extremely busy caseload and often students do no get the help they need. The current national average ratio of students to counselors in elementary and secondary schools is 513:1. ``(3) Schools in the United States need more mental health professionals, and the funds needed to hire staff to specifically serve students. ``(4) The maximum recommended ratio of students-to- counselors is 250:1. ``(5) Existing counselors are severely taxed to perform duties that are largely administrative in nature, such as scheduling. They are burdened with many demands regarding placement in colleges, texting, career guidance, and the like. ``(6) Student populations are expected to grow significantly over the next few years. School-based services for students will be in great demand. With expected large scale retirements, more than 100,000 new dedicated resource staff for students will be needed to increase student-to-staff service availability. ``(7) The Federal support for reducing the student-to-staff ratio would pay for itself, through reduced violence and substance abuse, and through improvements in students' academic achievement. ``SEC. 10994. PURPOSE. ``The purpose of this part is to assist States and local educational agencies recruit, train, and hire 100,000 school-based resource staff to specifically work with students-- ``(1) to reduce the student-to-counseling ratios nationally, in grades 6-12, to an average of 1 such staff for every 250 students as recommended in a report by the Institute of Medicine of the National Academy of Sciences relating to schools and health, issued in 1997; ``(2) to help address the mental, emotional, and developmental needs of public school students; and ``(3) to support other school staff and teachers in reaching students early before problems arise, conducting behavioral interventions to improve school discipline, and developing the awareness and skills to identify early warning signs of violence and the need for mental health services. ``SEC. 10995. STUDENT RESOURCE STAFF PROGRAM. ``(a) In General.--The Secretary shall award grants under this section to establish or expand the number of resource staff available for students' needs. ``(1) Distribution.--In awarding grants under this section, the Secretary shall allocate funds proportionately based on the population that is less than 18 years of age in the States. ``(2) Duration.--A grant under this section shall be awarded for a period not to exceed three years. ``(b) Applications.-- ``(1) In general.--Each local educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(2) Contents.--Each application for a grant under this section shall-- ``(A) describe the secondary public school population to be targeted by the program, the particular personal, social, emotional, education, and career development needs of such population, and the current school counseling resources available for meeting such needs; ``(B) describe the activities, services, and training to be provided by the program and the specific approaches to be used to meet the needs described in subparagraph (A); ``(C) describe the methods to be used to evaluate the outcomes and effectiveness of the program; ``(D) document that the applicant has the personnel qualified to develop, implement, and administer the program; ``(E) assure that the funds made available under this part for any fiscal year will be used to supplement and, to the extent practicable, increase the level of funds that would otherwise be available from non-Federal sources for the program described in the application, and in no case supplant such funds from non-Federal sources. ``(c) Use of Funds.--Grants funds under this section shall be used to initiate or expand student resource staff programs that comply with the purpose under section 10994. ``(d) Definitions.--For purposes of this part the term `resource staff' means an individual who has documented competence and training in mental health to be able to provide services to children and adolescents in a school setting and who-- ``(1) possesses State licensure or certification in mental health granted by an independent professional regulatory authority; ``(2) in the absence of such State licensure or certification, possesses national certification in mental health or in a related specialty granted by an independent professional organization; or ``(3) holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent; or ``(4) possesses a minimum of 60 graduate semester hours in school psychology from an institution of higher education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours shall be in the school setting, and possesses State licensure or certification in school psychology in the State in which the individual works; or ``(5) holds a master's degree in social work and is licensed or certified by the State in which services are to be provided or holds a school social work specialist credential. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this part $3,500,000,000 for fiscal year 2000; $3,150,000,000 for fiscal year 2001; $2,800,000,000 for fiscal year 2002; $2,800,000,000 for fiscal year 2003; and $2,800,000,000 for fiscal year 2004 for the hiring of student resource staff.''.

Amends the Elementary and Secondary Education Act of 1965 to establish a grants program to assist States and local educational agencies (LEAs) to recruit, train, and hire 100,000 school-based resource staff to work with students to: (1) reduce the student-to-counselor ratios nationally, in grades six through 12, to an average of one such staff for every 250 students, as recommended in a 1997 report by the Institute of Medicine of the National Academy of Sciences relating to schools and health; (2) help address the mental, emotional, and developmental needs of public school students; and (3) support other school staff and teachers in reaching students early before problems arise, conducting behavioral interventions to improve school discipline, and developing the awareness and skills to identify early warning signs of violence and the need for mental health services. Directs the Secretary of Education to make such grants, for up to three years for each grant, to establish or expand the number of resource staff available for students' needs . Requires such grant funds to be allocated on the basis of relative State population under 18 years of age. Sets forth requirements for LEA grant applications and uses of funds. Provides that resource staff means an individual who has documented competence and training in mental health to be able to provide services to children and adolescents in a school setting and who has specified types of licensure, certification, or educational qualifications. Authorizes appropriations for FY 2000 through 2004 for such program.

To provide grants to States and local educational agencies to recruit, train, and hire 100,000 school-based resource staff to help students deal with personal state of mind problems.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Radiation Experimentation Compensation Act of 1995''. SEC. 2. FINDINGS, PURPOSE, AND APOLOGY. (a) Findings.--The Congress finds that-- (1) since the 1940's, the Federal Government has intentionally conducted secret radiation experiments in the United States without the informed consent or knowledge of the individuals on whom the experiments were performed; (2) such radiation experiments included eighteen subjects of plutonium injection experiments, the subject of a zirconium injection experiment, and several subjects of total body irradiation experiments conducted during World War II; (3) the Federal Government performed such experiments not in order to achieve medical or health benefits for the individuals used in the tests, but for research purposes, to allow Federal Government scientists and health specialists to study the effects of radiation on the human body; (4) at the time of such experiments and in the years following the experiments, the Federal Government failed to inform the individuals tested, or their families, about the nature and effects of the tests; (5) the Federal Government has harmed the subjects of such radiation experiments; (6) the Congress presumes that the exposure to radiation of the subjects of such experiments has generated an excess of cancers and other debilitating diseases and health problems for such subjects; (7) the Federal Government should recognize that the lives and health of the innocent individuals who were the subjects of such experiments were put at risk by the individuals' unknowing and involuntary participation in radiation experiments; and (8) the Federal Government should assume responsibility for the harm caused by its actions regarding the experiments. (b) Purpose.--It is the purpose of this Act to establish a procedure to make partial restitution to the individuals described in subsection (a) for the burdens they have borne for the Nation as a whole, although monetary compensation can never fully compensate them. (c) Apology.--The Congress apologizes on behalf of the Nation to the individuals described in subsection (a) and their families for the hardships they have endured because of the experiments described in subsection (a). SEC. 3. TRUST FUND. (a) Establishment.--There is established in the Treasury of the United States a trust fund to be known as the ``Radiation Experimentation Compensation Trust Fund'' (in this Act referred to as the ``Fund''), which shall be administered by the Secretary of the Treasury. (b) Investment of Amounts in Fund.--Amounts in the Fund shall be invested in accordance with section 9702 of title 31, United States Code, and any interest on, and proceeds from, any such investment shall be credited to and become a part of the Fund. (c) Availability of Fund.--Amounts in the Fund shall be available only for disbursement by the Attorney General under section 5. (d) Termination.-- (1) Time of termination.--The Fund shall terminate not later than the earlier of-- (A) the date on which the amount authorized to be appropriated to the Fund by subsection (e), and any income earned on such amount, have been expended from the Fund; or (B) 22 years after the date of the enactment of this Act. (2) Amounts remaining in fund.--At the end of the 22-year period referred to in paragraph (1)(B), if all of the amounts in the Fund have not been expended, investments of amounts in the Fund shall be liquidated, the receipts of such liquidation shall be deposited in the Fund, and all funds remaining in the Fund shall be deposited in the miscellaneous receipts account in the Treasury. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Fund $2,500,000. Any amount appropriated pursuant to this subsection is authorized to remain available until expended. SEC. 4. CLAIMS ELIGIBLE FOR PAYMENT. (a) In General.--Any individual who, without the individual's informed consent, was intentionally injected with plutonium or zirconium, or exposed to total body radiation, as a subject in an experiment of the Federal Government at any time during the period beginning on January 1, 1940, and ending on December 31, 1974, shall receive $50,000 if-- (1) a claim for such payment is filed with the Attorney General by or on behalf of such individual; and (2) the Attorney General determines, in accordance with section 5(b), that the claim meets the requirements of this Act. (b) Definitions.--For purposes of this section: (1) The term ``experiment'' means a test or other action that is conducted primarily for research purposes to determine the effect of exposure to radiation on the human body. (2) The term ``Federal Government'' means-- (A) the legislative, judicial, or executive branch of the government of the United States, or any agency or instrumentality of such a branch; (B) any person or entity whose actions regarding an experiment under which humans were injected with plutonium or zirconium, or exposed to total body radiation, were funded in any manner, approved, authorized, supervised, or contracted for, by an entity referred to in subparagraph (A); or (C) any person or entity that was funded in any manner, approved, authorized, supervised, or contracted with, wholly or partially, by an entity referred to in subparagraph (A) during a time period in which an entity referred to in subparagraph (A) had knowledge that such person or entity was conducting any experiment under which humans were injected with plutonium or zirconium, or exposed to total body radiation. (3) The term ``informed consent'' means consent by an individual (or the individual's parent or legal guardian, in the case of an individual who was a minor or was incompetent at the relevant time), to the individual's participation in an experiment, after a full disclosure of the nature and purpose of the experiment and its possible consequences that was sufficient to allow the individual (or the individual's parent or legal guardian, in the case of an individual who was a minor or was incompetent at the relevant time) to intelligently exercise judgment to decide whether the individual should participate in the experiment. SEC. 5. DETERMINATION AND PAYMENT OF CLAIMS. (a) Establishment of Filing Procedures.--The Attorney General shall establish procedures under which individuals may submit claims for payments under this Act. (b) Determination of Claims.--For each claim filed under this Act, the Attorney General shall determine whether the claim meets the requirements of section 4(a). (c) Payment of Claims.-- (1) In general.--The Attorney General shall pay, from amounts available in the Fund, each claim that the Attorney General determines meets the requirements of this Act. (2) Offset of payment.-- (A) Offset of payment made under this Act.--A payment under this Act to or on behalf of an individual described in section 4(a) shall be offset by the amount of any payment made to or on behalf of the individual pursuant to a final award or settlement on a claim (other than a claim for worker's compensation) against any person, that is based on the individual's participation in an experiment that is the basis for the payment under this Act, including any payment under the Radiation Exposure Compensation Act (42 U.S.C. 2210 note). (B) Offset of payment made under radiation exposure compensation act.--For purposes of section 6(c)(2) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note), a payment made under this Act shall be considered to be a final award or settlement on a claim described in subparagraphs (A) and (B) of such section. (3) Right of subrogation.--Upon payment of a claim under this section, the Federal Government is subrogated, for the amount of the payment, to any right or claim that the individual to whom the payment was made may have against any person on account of participation in an experiment that is the basis for the payment made under this Act. (4) Payments in case of deceased persons.-- (A) In general.--In the case of an individual who is deceased at the time of payment under this section, such payment may be made only as follows: (i) If the individual is survived by a spouse who is living at the time of payment, such payment shall be made to such surviving spouse. (ii) If the individual is not survived by a spouse described in clause (i), such payment shall be made in equal shares to the children of the individual who are living at the time of payment. (iii) If the individual is not survived by a person described in clause (i) or (ii), such payment shall be made in equal shares to the parents of the individual who are living at the time of payment. (iv) If the individual is not survived by a person described in any of clauses (i) through (iii), such payment shall be made in equal shares to the grandchildren of the individual who are living at the time of payment. (v) If the individual is not survived by a person described in any of clauses (i) through (iv), such payment shall be made in equal shares to the siblings of the individual who are living at the time of payment. (vi) If the individual is not survived by a person described in any of clauses (i) through (v), then such payment shall be made in equal shares to the grandparents of the individual who are living at the time of payment. (B) Filing of claim by survivor.--If an individual eligible for payment under this Act dies before filing a claim under this Act, a survivor of the individual who may receive payment under subparagraph (A) may file a claim for such payment on the individual's behalf. (C) Definitions.--For purposes of this paragraph: (i) The term ``child'' includes a recognized natural child, a stepchild who lived with an individual in a regular parent-child relationship, and an adopted child. (ii) The term ``grandchild of the individual'' means a child of a child of the individual. (iii) The term ``grandparent of the individual'' means a parent of a parent of the individual. (iv) The term ``parent'' includes fathers and mothers through adoption. (v) The term ``sibling of the individual'' means a child of the parent or parents of the individual. (vi) The term ``spouse'' means a person who was married to the relevant individual for at least the 12 months immediately preceding the death of the individual. (d) Action on Claims.--Within 18 months after the filing of any claim under this Act-- (1) the Attorney General shall make the determination required by subsection (b) regarding the claim; and (2) if the claim is determined to meet the requirements of section 4(a), the Attorney General shall make the payment required by subsection (c)(1). (e) Settlement in Full of Claims Against United States.--Payment under this Act, when accepted by an individual, or the individual's survivors, shall be in full satisfaction of all claims of or on behalf of the individual against the United States that arise out of the participation in the experiment that is the basis for the payment made under this Act. (f) Administrative Costs Not Deducted From Payment.--No costs incurred by the Attorney General in carrying out this Act may be paid from, set off against, or otherwise deducted from any payment made under subsection (c)(1). (g) Termination of Duties of Attorney General.--The duties of the Attorney General under this section shall cease when the Fund terminates. (h) Treatment of Payments Under Other Laws.--A payment under subsection (c)(1) to an individual-- (1) shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering; and (2) shall not be considered as income or resources for purposes of determining the individual's eligibility to receive benefits described in section 3803(c)(2)(C) of title 31, United States Code, or the amount of such benefits. (i) Use of Existing Resources.--The Attorney General should, to the extent available, use funds and resources available to the Attorney General to carry out the Attorney General's functions under this Act. (j) Regulatory Authority.--The Attorney General may issue regulations necessary to carry out this Act. (k) Issuance of Regulations and Procedures.--The initial regulations and procedures to carry out this Act shall be issued not later than 120 days after the date of the enactment of this Act. (l) Judicial Review.--An individual whose claim for compensation under this Act is denied may seek initial judicial review solely in a district court of the United States. The court shall review the denial on the administrative record and shall hold unlawful and set aside the denial if it is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. Such an individual may appeal the decision of the district court to the appropriate higher Federal courts. SEC. 6. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE. No claim under this Act shall be assignable or transferable. SEC. 7. LIMITATION ON CLAIMS. An individual, or the individual's survivors, may not receive payment under section 5(c)(1) unless a claim by or on behalf of the individual is filed under this Act within 20 years after the date of the enactment of this Act. SEC. 8. ATTORNEY OR AGENT FEES. The agent, attorney, or other representative of an individual or of an individual's survivor may not receive, for services rendered in connection with a claim made under this Act, an amount equal to more than 10 percent of the payment made under this Act on such claim. Any person who violates this section shall be guilty of an infraction and shall be subject to a fine in the amount provided in title 18, United States Code. SEC. 9. CERTAIN CLAIMS NOT AFFECTED BY PAYMENT. A payment made under section 5(c)(1) shall not be considered a form of compensation, or reimbursement for a loss, for purposes of imposing liability on the individual who receives the payment to repay any insurance carrier for insurance payments, or to repay any person on account of worker's compensation payments. A payment under this Act shall not affect any claim against an insurance carrier with respect to insurance, or against any person with respect to worker's compensation. SEC. 10. BUDGET COMPLIANCE. No authority under this Act to enter into contracts or to make payments shall be effective in any fiscal year except to such extent or in such amounts as are provided in advance in appropriations Acts.

Radiation Experimentation Compensation Act of 1995 - Apologizes on behalf of the Nation to the individuals who were the subjects of radiation experiments conducted by the Federal Government, as well as to their families for the hardships they have endured as a result. Establishes in the Treasury the Radiation Experimentation Compensation Trust Fund for compensating the subjects of experiments conducted between January 1, 1940, and December 31, 1974, during which the subjects were intentionally injected with plutonium or zirconium, or exposed to total body radiation, without their informed consent. Authorizes appropriations. Directs the Attorney General to establish procedures for the submission of claims and for payment from amounts in the Fund of each claim meeting the requirements of this Act. Provides for payments in cases of deceased experimental subjects. States that payments under this Act which are accepted by a subject or the subject's survivors shall be in full satisfaction of all claims of or on behalf of the subject against the United States arising out of the subject's participation in the experiment. Provides that a payment under this Act shall not affect any claim against an insurance carrier with respect to insurance or against any person with respect to workers' compensation. Provides for judicial review of denied claims. Establishes a time limit for the filing of claims of 20 years after enactment of this Act.

Radiation Experimentation Compensation Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Beaches Environmental Assessment, Closure, and Health Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the Nation's beaches and coastal recreation waters are valuable public resources used for recreation by millions of people annually; (2) the beaches of coastal States are hosts to many out-of- State and international visitors; (3) tourism in the coastal zone generates billions of dollars annually; (4) increased population and urbanization of the watershed have contributed to the decline in the environmental quality of coastal waters; (5) pollution in coastal waters is not restricted by State and other political boundaries; (6) coastal States have different methods of testing, and parameters for evaluating, the quality of coastal recreation waters, providing varying degrees of protection to the public; (7) the adoption of consistent criteria by coastal States for monitoring and evaluating the quality of coastal recreation waters, and the posting of signs at beaches notifying the public during periods when the standards are exceeded, would enhance public health and safety; and (8) while the adoption of such criteria will enhance public health and safety, exceedances of such criteria should be addressed (for example, as part of a watershed approach to effectively identify and eliminate sources of pollution). (b) Purpose.--The purpose of this Act is to require uniform criteria and procedures for testing, monitoring, and notifying users of those coastal recreation waters and beaches open for use by the public in order to protect public safety and improve environmental quality. SEC. 3. BEACH AND COASTAL RECREATION WATER QUALITY. The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``TITLE VII--BEACH AND COASTAL RECREATION WATER QUALITY ``SEC. 701. DEFINITIONS. ``In this title, the following definitions apply: ``(1) Coastal recreation waters.--The term `coastal recreation waters' means waters adjacent to public beaches of the Great Lakes and other marine coastal waters (including bays, lagoon mouths, and coastal estuaries within the tidal zone) used by the public for swimming, bathing, surfing, or other similar water contact activities. ``(2) Floatable materials.--The term `floatable materials' means any foreign matter that may float or remain suspended in the water column and includes plastic, aluminum cans, wood, bottles, paper products, and fishing gear. ``SEC. 702. ADOPTION OF COASTAL RECREATIONAL WATER QUALITY CRITERIA BY STATES. ``(a) General Rule.--A State shall adopt water quality criteria for coastal recreation waters which, at a minimum, are consistent with the criteria published by the Administrator under section 304(a)(1) not later than 3\1/2\ years following the date of the enactment of this title. Such water quality criteria shall be developed and promulgated in accordance with the requirements of section 303(c). A State shall incorporate such criteria into all appropriate programs into which such State would incorporate other water quality criteria adopted under section 303(c) and revise such criteria not later than 3 years following the date of publication of revisions by the Administrator under section 703(b). ``(b) Failure of States To Adopt.--If a State has not complied with subsection (a) by the last day of the 3\1/2\-year period beginning on the date of the enactment of this title, the water quality criteria issued by the Administrator under section 304(a)(1) shall become applicable as the water quality criteria for coastal recreational waters for the State, and shall be deemed to have been promulgated by the Administrator pursuant to section 303(c)(4). ``SEC. 703. REVISIONS TO WATER QUALITY CRITERIA. ``(a) Studies.--After consultation with appropriate Federal, State, and local officials, including local health officials, and other interested persons, but not later than the last day of the 3-year period beginning on the date of the enactment of this Act, the Administrator shall conduct, in cooperation with the Under Secretary of Commerce for Oceans and Atmosphere, studies to provide additional information to the current base of knowledge for use in developing-- ``(1) a more complete list of potential human health risks from inhalation, ingestion, or body contact with coastal recreation waters, including effects to the upper respiratory system; ``(2) appropriate and effective indicators for improving direct detection of the presence of pathogens that are harmful to human health in coastal recreational waters; ``(3) appropriate, accurate, and expeditious methods (including predictive models) for detecting the presence of pathogens, harmful to human health, found in coastal recreation waters; and ``(4) guidance for the State-to-State application of the criteria to be issued under subsection (b) to account for the diversity of geographic and aquatic conditions nationwide. ``(b) Revised Criteria.--Based on the results of the studies conducted under subsection (a), the Administrator, after consultation with appropriate Federal, State, and local officials, including local health officials, and other interested persons, shall-- ``(1) issue, within 5 years after the date of the enactment of this title, revised water quality criteria for pathogens in coastal recreation waters that are harmful to human health, including a revised list of indicators and testing methods; and ``(2) review and revise such criteria from time to time thereafter, but in no event less than once every 5 years. ``SEC. 704. COASTAL BEACH WATER QUALITY MONITORING. ``(a) Monitoring.--Within 18 months after the date of enactment of this title, the Administrator shall publish regulations requiring monitoring by States of those coastal recreation waters and beaches open for use by the public for compliance with applicable water quality criteria and protection of public safety. Monitoring requirements established pursuant to this subsection shall specify, at a minimum-- ``(1) available monitoring methods to be used by States; ``(2) the frequency and location of monitoring based on-- ``(A) the periods of recreational use of such waters; ``(B) the extent and degree of use during such periods; and ``(C) the proximity of coastal recreation waters to known or identified point and nonpoint sources of pollution and in relation to storm events; ``(3) methods for detecting levels of pathogens that are harmful to human health and for identifying short-term increases in pathogens that are harmful to human health in coastal recreation waters, including in relation to storm events; and ``(4) conditions and procedures under which discrete areas of coastal recreation waters may be exempted by the Administrator from the monitoring requirements of this subsection, if the Administrator determines that an exemption will not impair compliance with the applicable water quality criteria for those waters and protection of public safety. ``(b) Notification.-- ``(1) Requirement.--Regulations published pursuant to subsection (a) shall require States to provide prompt notification to local governments, the public, and the Administrator of an exceedance of applicable water quality criteria for State coastal recreation waters or the immediate likelihood of such an exceedance. ``(2) Contents.--Notification pursuant to this subsection shall include, at a minimum-- ``(A) prompt communication of the occurrence, nature, extent, location, and substances (including pathogens) of such an exceedance, or the immediate likelihood of such an exceedance, to a designated official of a local government having jurisdiction over land adjoining the coastal recreation waters for which an exceedance is identified; and ``(B) posting of signs for the period during which the exceedance continues, sufficient to give notice to the public of an exceedance of applicable water quality criteria for such waters and the potential risks associated with water contact activities in such waters. ``(c) Review and Revision of Regulations.--The Administrator shall review and revise regulations published pursuant to this section periodically, but in no event less than once every 5 years. ``(d) State Implementation.--A State must implement a monitoring and notification program that conforms to the regulations issued pursuant to subsections (a) and (b) not later than 3\1/2\ years after the date of the enactment of this title and revise such program not later than 2 years following the date of publication of revisions by the Administrator under subsection (c). ``(e) Delegation of Responsibility.--Not later than 18 months after the date of the enactment of this title, the Administrator shall issue guidance establishing core performance measures for testing, monitoring, and notification programs and the delegation of such programs under this section to local government authorities. In the case that such responsibilities are delegated by a State to a local government authority, or have been delegated to a local government authority before such date of enactment, in a manner that, at a minimum, is consistent with the guidance issued by the Administrator, State resources, including grants made under section 706, shall be made available to the delegated authority for the purpose of program implementation. ``(f) Floatable Materials Monitoring Procedures.--The Administrator shall provide technical assistance to States for the implementation of uniform assessment and monitoring procedures for floatable materials in coastal recreation waters and specify the conditions under which the presence of floatable material will constitute a threat to public health and safety. ``(g) Occurrence Database.--The Administrator shall establish, maintain, and make available to the public by electronic and other means-- ``(1) a national coastal recreation water pollution occurrence database, using reliable information, including that reported under subsection (b); and ``(2) a listing of those communities complying with the regulations issued under subsections (a) and (b). ``SEC. 705. REPORT TO CONGRESS. ``Not later than 4 years after the date of the enactment of this title, and periodically thereafter, the Administrator shall submit to Congress a report including-- ``(1) recommendations concerning the need for additional water quality criteria and other actions needed to improve the quality of coastal recreation waters; and ``(2) an evaluation of State efforts to implement this title. ``SEC. 706. GRANTS TO STATES. ``(a) Grants.--The Administrator may make grants to States for use in fulfilling requirements established pursuant to sections 702 and 704. ``(b) Cost Sharing.--The total amount of grants to a State under this section for a fiscal year shall not exceed 50 percent of the cost to the State of implementing requirements established pursuant to sections 702 and 704. ``(c) Eligible State.--After the last day of the 3\1/2\-year period beginning on the date of the enactment of this title, the Administrator may make a grant to a State under this section only if the State demonstrates to the satisfaction of the Administrator that it is implementing its monitoring and notification program under section 704. ``SEC. 707. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to the Administrator-- ``(1) for use in making grants to States under section 706 not more than $9,000,000 for each of fiscal years 2000 through 2004; and ``(2) for carrying out the other provisions of this title not more than $3,000,000 for each of fiscal years 2000 through 2004.''.

Directs the Administrator to conduct studies for use in developing: (1) a more complete list of potential health risks from inhalation, ingestion, or body contact, including effects to the upper respiratory system; (2) appropriate and effective indicators and appropriate, accurate, and expeditious methods for detecting the presence of pathogens in coastal recreational waters; and (3) guidance for State-to-State application of the revised water quality criteria for pathogens required to be issued by the Administrator under this Act that accounts for the diversity of geographic and aquatic conditions nationwide. Directs the Administrator to publish and revise regulations requiring monitoring of, and specifying methods to be used by States to monitor, coastal recreation waters at public beaches for compliance with water quality criteria and protection of public safety. Requires notification of local governments, the public, and the Administrator of exceedances, or the likelihood of exceedances, of water quality criteria for such waters. Requires the Administrator to issue guidance establishing core performance measures for testing, monitoring, and notification programs and for the delegation of such programs to local government authorities. Makes State resources available to such authorities if the programs are so delegated. Directs the Administrator to: (1) provide technical assistance to States for the implementation of uniform assessment and monitoring procedures for floatable materials in such waters; (2) specify the conditions under which the presence of floatable material constitutes a threat to public health and safety; and (3) establish a national coastal recreation water pollution occurrence database and a listing of communities complying with the monitoring and notification regulations published pursuant to this Act. Authorizes the Administrator to make grants to States to fulfill requirements under this Act. Authorizes appropriations.

Beaches Environmental Assessment, Closure, and Health Act of 1999

SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Middle Class Tax Relief Act of 2010''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; etc. TITLE I--MIDDLE CLASS TAX RELIEF MADE PERMANENT Sec. 101. Middle class tax relief made permanent. Sec. 102. Certain provisions not applicable to high income individuals. Sec. 103. Related amendments. TITLE II--EXPENSING BY SMALL BUSINESSES OF CERTAIN DEPRECIABLE ASSETS Sec. 201. Increased limitations on expensing by small businesses of certain depreciable assets. TITLE III--EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF Sec. 301. Extension of alternative minimum tax relief for nonrefundable personal credits. Sec. 302. Extension of increased alternative minimum tax exemption amount. TITLE IV--BUDGETARY PROVISION Sec. 401. PAYGO compliance. TITLE I--MIDDLE CLASS TAX RELIEF MADE PERMANENT SEC. 101. MIDDLE CLASS TAX RELIEF MADE PERMANENT. (a) In General.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to the following provisions of such Act (and to the amendments made by such provisions): (1) Title I (relating to individual income tax rate reductions). (2) Title II (relating to tax benefits related to children). (3) Title III (relating to marriage penalty relief). (4) Title IV (relating to affordable education provisions). (b) Reduced Rates on Capital Gains and Dividends.--The Jobs and Growth Tax Relief Reconciliation Act of 2003 is amended by striking section 303. SEC. 102. CERTAIN PROVISIONS NOT APPLICABLE TO HIGH INCOME INDIVIDUALS. (a) Individual Income Tax Rates.--Subsection (i) of section 1 is amended by striking paragraph (2), by redesignating paragraph (3) as paragraph (4), and by inserting after paragraph (1) the following new paragraphs: ``(2) 25- and 28-Percent rate brackets.--The tables under subsections (a), (b), (c), (d), and (e) shall be applied-- ``(A) by substituting `25%' for `28%' each place it appears (before the application of subparagraph (B)), and ``(B) by substituting `28%' for `31%' each place it appears. ``(3) 33-Percent rate bracket.-- ``(A) In general.--In the case of taxable years beginning after December 31, 2010-- ``(i) the rate of tax under subsections (a), (b), (c), and (d) on a taxpayer's taxable income in the fourth rate bracket shall be 33 percent to the extent such income does not exceed an amount equal to the excess of-- ``(I) the applicable amount, over ``(II) the dollar amount at which such bracket begins, and ``(ii) the 36 percent rate of tax under such subsections shall apply only to the taxpayer's taxable income in such bracket in excess of the amount to which clause (i) applies. ``(B) Applicable amount.--For purposes of this paragraph, the term `applicable amount' means the excess of-- ``(i) the applicable threshold, over ``(ii) the sum of the following amounts in effect for the taxable year: ``(I) the basic standard deduction (within the meaning of section 63(c)(2)), and ``(II) the exemption amount (within the meaning of section 151(d)(1)) (or, in the case of subsection (a), 2 such exemption amounts). ``(C) Applicable threshold.--For purposes of this paragraph, the term `applicable threshold' means-- ``(i) $250,000 in the case of subsection (a), ``(ii) $200,000 in the case of subsections (b) and (c), and ``(iii) \1/2\ the amount applicable under clause (i) (after adjustment, if any, under subparagraph (E)) in the case of subsection (d). ``(D) Fourth rate bracket.--For purposes of this paragraph, the term `fourth rate bracket' means the bracket which would (determined without regard to this paragraph) be the 36-percent rate bracket. ``(E) Inflation adjustment.--For purposes of this paragraph, a rule similar to the rule of paragraph (1)(C) shall apply with respect to taxable years beginning in calendar years after 2010, applied by substituting `2008' for `1992' in subsection (f)(3)(B).''. (b) Phaseout of Personal Exemptions and Itemized Deductions.-- (1) Overall limitation on itemized deductions.--Section 68 is amended-- (A) by striking ``the applicable amount'' the first place it appears in subsection (a) and inserting ``the applicable threshold in effect under section 1(i)(3)'', (B) by striking ``the applicable amount'' in subsection (a)(1) and inserting ``such applicable threshold'', (C) by striking subsection (b) and redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively, and (D) by striking subsections (f) and (g). (2) Phaseout of deductions for personal exemptions.-- (A) In general.--Paragraph (3) of section 151(d) is amended-- (i) by striking ``the threshold amount'' in subparagraphs (A) and (B) and inserting ``the applicable threshold in effect under section 1(i)(3)'', (ii) by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C), and (iii) by striking subparagraphs (E) and (F). (B) Conforming amendment.--Paragraph (4) of section 151(d) is amended-- (i) by striking subparagraph (B), (ii) by redesignating clauses (i) and (ii) of subparagraph (A) as subparagraphs (A) and (B), respectively, and by indenting such subparagraphs (as so redesignated) accordingly, and (iii) by striking all that precedes ``in a calendar year after 1989,'' and inserting the following: ``(4) Inflation adjustment.--In the case of any taxable year beginning''. (c) Reduced Rate on Capital Gains and Dividends.-- (1) In general.--Paragraph (1) of section (1)(h) is amended by striking subparagraph (C), by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F) and by inserting after subparagraph (B) the following new subparagraphs: ``(C) 15 percent of the lesser of-- ``(i) so much of the adjusted net capital gain (or, if less, taxable income) as exceeds the amount on which a tax is determined under subparagraph (B), or ``(ii) the excess (if any) of-- ``(I) the amount of taxable income which would (without regard to this subsection) be taxed at a rate below 36 percent, over ``(II) the sum of the amounts on which tax is determined under subparagraphs (A) and (B), ``(D) 20 percent of the adjusted net capital gain (or, if less, taxable income) in excess of the sum of the amounts on which tax is determined under subparagraphs (B) and (C),''. (2) Dividends.--Subparagraph (A) of section 1(h)(11) is amended by striking ``qualified dividend income'' and inserting ``so much of the qualified dividend income as does not exceed the excess (if any) of-- ``(i) the amount of taxable income which would (without regard to this subsection) be taxed at a rate below 36 percent, over ``(ii) taxable income reduced by qualified dividend income.''. (3) Minimum tax.--Section 55 is amended by adding at the end the following new subsection: ``(f) Application of Maximum Rate of Tax on Net Capital Gain of Noncorporate Taxpayers.--In the case of taxable years beginning after December 31, 2010, the amount determined under subparagraph (C) of subsection (b)(3) shall be the sum of-- ``(1) 15 percent of the lesser of-- ``(A) so much of the adjusted net capital gain (or, if less, taxable excess) as exceeds the amount on which tax is determined under subparagraph (B) of subsection (b)(3), or ``(B) the excess described in section 1(h)(1)(C)(ii), plus ``(2) 20 percent of the adjusted net capital gain (or, if less, taxable excess) in excess of the sum of the amounts on which tax is determined under subsection (b)(3)(B) and paragraph (1).''. (4) Conforming amendments.-- (A) The following provisions are amended by striking ``15 percent'' and inserting ``20 percent'': (i) Section 1445(e)(1). (ii) The second sentence of section 7518(g)(6)(A). (iii) Section 53511(f)(2) of title 46, United States Code. (B) Sections 531 and 541 are each amended by striking ``15 percent of'' and inserting ``the product of the highest rate of tax under section 1(c) and''. (C) Section 1445(e)(6) is amended by striking ``15 percent (20 percent in the case of taxable years beginning after December 31, 2010)'' and inserting ``20 percent''. (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2010. (2) Withholding.--The amendments made by subparagraphs (A)(i) and (C) of subsection (c)(4) shall apply to amounts paid on or after January 1, 2011. SEC. 103. RELATED AMENDMENTS. (a) Application of Increase in Refundable Portion of Child Tax Credit.-- (1) In general.--Subsection (d) of section 24 is amended-- (A) by striking ``$10,000'' in paragraph (1)(B)(i) and inserting ``$3,000'', and (B) by striking paragraphs (3) and (4). (2) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2010. (b) Application of Increase in Earned Income Tax Credit.-- (1) In general.--Subparagraph (B) of section 32(b)(2) is amended to read as follows: ``(B) Joint returns.-- ``(i) In general.--In the case of a joint return filed by an eligible individual and such individual's spouse, the phaseout amount determined under subparagraph (A) shall be increased by $5,000. ``(ii) Inflation adjustment.--In the case of any taxable year beginning after 2010, the $5,000 amount in clause (i) 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 2008' for `calendar year 1992' in subparagraph (B) thereof. Subparagraph (A) of subsection (j)(2) shall apply after taking into account any increase under the preceding sentence.''. (2) Conforming amendment.--Subsection (b) of section 32 is amended by striking paragraph (3). (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2010. (c) Application to Adoption Credit and Adoption Assistance Programs.--Subsection (c) of section 10909 of the Patient Protection and Affordable Care Act is amended to read as follows: ``(c) The amendments made by this section shall not apply to taxable years beginning after December 31, 2011.''. TITLE II--EXPENSING BY SMALL BUSINESSES OF CERTAIN DEPRECIABLE ASSETS SEC. 201. INCREASED LIMITATIONS ON EXPENSING BY SMALL BUSINESSES OF CERTAIN DEPRECIABLE ASSETS. (a) Dollar Limitation.--Subparagraph (C) of section 179(b)(1) is amended by striking ``$25,000'' and inserting ``$125,000''. (b) Threshold at Which Phaseout Begins.--Subparagraph (C) of section 179(b)(2) is amended by striking ``$200,000'' and inserting ``$500,000''. (c) Inflation Adjustment.--Subsection (b) of section 179 is amended by adding at the end the following new paragraph: ``(6) Inflation adjustments.-- ``(A) In general.--In the case of any taxable beginning in a calendar year after 2011, the $125,000 and $500,000 amounts in paragraphs (1)(C) and (2)(C) shall each 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 2006' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.-- ``(i) Dollar limitation.--If the amount in paragraph (1) as increased under subparagraph (A) is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000. ``(ii) Phaseout amount.--If the amount in paragraph (2) as increased under subparagraph (A) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (d) Authority To Revoke Election Made Permanent.--Paragraph (2) of section 179(c) is amended by striking ``and before 2012''. (e) Treatment of Certain Computer Software as Section 179 Property Made Permanent.--Clause (ii) of section 179(d)(1)(A) is amended by striking ``and before 2012''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. TITLE III--EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF SEC. 301. EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF FOR NONREFUNDABLE PERSONAL CREDITS. (a) In General.--Paragraph (2) of section 26(a) is amended-- (1) by striking ``2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, or 2009'' and inserting ``the period beginning with calendar year 2000 and ending with calendar year 2011'', and (2) by striking ``2009'' in the heading thereof and inserting ``2011''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 302. EXTENSION OF INCREASED ALTERNATIVE MINIMUM TAX EXEMPTION AMOUNT. (a) In General.--Paragraph (1) of section 55(d) is amended-- (1) by striking ``($70,950 in the case of taxable years beginning in 2009)'' in subparagraph (A) and inserting ``($72,450 in the case of taxable years beginning in 2010 or 2011)'', and (2) by striking ``($46,700 in the case of taxable years beginning in 2009)'' in subparagraph (B) and inserting ``($47,450 in the case of taxable years beginning in 2010 or 2011)''. (b) Nonapplication of EGTRRA Sunset.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to the amendments made by section 701 of such Act. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. TITLE IV--BUDGETARY PROVISION SEC. 401. PAYGO COMPLIANCE. 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Middle Class Tax Relief Act of 2010 - Makes the general terminating date of the Economic Growth and Tax Relief Reconciliation Act of 2010 (EGTRRA) (i.e., December 31, 2010) inapplicable to provisions of that Act relating to individual income tax rate reductions, tax benefits related to children and adoption, marriage penalty relief, and education. Repeals the terminating date of the Jobs Growth Tax Relief Reconciliation Act of 2003 that applies to reductions in the tax rate for capital gains and dividend income, subject to the income thresholds set forth by this Act.. Amends the Internal Revenue Code to: (1) establish permanent reductions in income tax rates for individual taxpayers whose adjusted gross income is $200,000 or less ($250,000 for married couples filing joint tax returns); (2) allow a permanent exemption from limitations on itemized tax deductions and personal exemptions for individual taxpayers whose adjusted gross income is $200,000 or less ($250,000 for married couples filing joint tax returns); (3) allow a 15% tax rate on capital gains and dividend income for individual taxpayers whose adjusted gross income is $200,000 or less ($250,000 for married couples filing joint tax returns); (4) allow a permanent increase in the refundable portion of the child tax credit; (5) make permanent the increased earned income tax credit and the modifications to such credit enacted by EGTRRA; (6) make permanent the increased ($125,000) expensing allowance for depreciable business and investment property; and (7) extend through 2011 the increased alternative minimum tax (AMT) exemption amounts and the offset against the AMT for certain nonrefundable personal tax credits. Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010.

To amend the Internal Revenue Code of 1986 to provide middle class tax relief, and for other purposes.

.--For purposes of section 822(a)(2), the term `joint resolution' means only a joint resolution of the two Houses of Congress--- ``(1) the matter after the resolving clause of which is as follows: `That the Congress hereby concurs in the determination and report of the President relating to compliance by North Korea with certain international obligations transmitted pursuant to section 822(a)(1) of the North Korea Threat Reduction Act of 1999.'; ``(2) which does not have a preamble; and ``(3) the title of which is as follows: `Joint Resolution relating to compliance by North Korea with certain international obligations pursuant to the North Korea Threat Reduction Act of 1999.'. ``(b) Congressional Review Procedures.-- ``(1) Rulemaking.--The provisions of this section are enacted by the Congress-- ``(A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and, as such, shall be considered as part of the rules of either House and shall supersede other rules only to the extent they are inconsistent therewith; and ``(B) with full recognition of the constitutional right of either House to change the rules so far as they relate to the procedures of that House at any time, in the same manner, and to the same extent as in the case of any other rule of that House. ``(2) Introduction and referral.-- ``(A) Introduction.--A joint resolution described in subsection (a)-- ``(i) shall be introduced in the House of Representatives by the majority leader or minority leader or by a Member of the House of Representatives designated by the majority leader or minority leader; and ``(ii) shall be introduced in the Senate by the majority leader or minority leader or a Member of the Senate designated by the majority leader or minority leader. ``(B) Referral.--The joint resolution shall be referred to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. ``(3) Discharge of committees.--If a committee to which a joint resolution described in subsection (a) is referred has not reported such joint resolution by the end of 30 days beginning on the date of its introduction, such committee shall be discharged from further consideration of such joint resolution, and such joint resolution shall be placed on the appropriate calendar of the House involved. ``(4) Floor consideration in the house of representatives.-- ``(A) In general.--On or after the third calendar day (excluding Saturdays, Sundays, or legal holidays, except when the House of Representatives is in session on such a day) after the date on which the committee to which a joint resolution described in subsection (a) is referred has reported, or has been discharged from further consideration of, such a joint resolution, it shall be in order for any Member of the House to move to proceed to the consideration of the joint resolution. A Member of the House may make the motion only on the day after the calendar day on which the Member announces to the House the Member's intention to do so. Such motion is privileged and is not debatable. The motion is not subject to amendment or to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the House shall immediately proceed to consideration of the joint resolution which shall remain the unfinished business until disposed of. ``(B) Debate.--Debate on a joint resolution described in subsection (a), and on all debatable motions and appeals in connection therewith, shall be limited to not more than two hours, which shall be divided equally between those favoring and those opposing the joint resolution. An amendment to the joint resolution is not in order. A motion further to limit debate is in order and is not debatable. A motion to table, a motion to postpone, or a motion to recommit the joint resolution is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order. ``(C) Appeals.--Appeals from the decisions of the Chair to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate. ``(5) Floor consideration in the senate.--Any joint resolution described in subsection (a) shall be considered in the Senate in accordance with the provisions of section 601(b)(4) of the International Security Assistance and Arms Export Control Act of 1976. ``(6) Consideration by the other house.--If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply: ``(A) The joint resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). ``(B) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution-- ``(i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but ``(ii) the vote on final passage shall be on the joint resolution of the other House. ``(C) Upon disposition of the joint resolution received from the other House, it shall no longer be in order to consider the joint resolution that originated in the receiving House. ``(7) Computation of days.--In the computation of the period of 30 days referred to in paragraph (3), there shall be excluded the days on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain or because of an adjournment of the Congress sine die.''. SEC. 3. EXPANSION OF RESTRICTIONS ON NUCLEAR COOPERATION WITH NORTH KOREA. Section 822(a) of the North Korea Threat Reduction Act of 1999 is amended by striking ``such agreement,'' both places it appears and inserting in both places ``such agreement (or that are controlled under the Export Trigger List of the Nuclear Suppliers Group),''. SEC. 4. PROHIBITION ON ASSUMPTION BY UNITED STATES GOVERNMENT OF LIABILITY FOR NUCLEAR ACCIDENTS IN NORTH KOREA. The North Korea Threat Reduction Act of 1999 is amended-- (1) by redesignating section 824 (as redesignated by section 2(b)(1)) as section 825; and (2) by inserting after section 823 (as added by section 2(b)(2)) the following new section: ``SEC. 824. PROHIBITION ON ASSUMPTION BY UNITED STATES GOVERNMENT OF LIABILITY FOR NUCLEAR ACCIDENTS IN NORTH KOREA. ``(a) Prohibition.--In supporting the provision of nuclear reactors to North Korea pursuant to the Agreed Framework, neither the President nor any department, agency, or instrumentality of the United States Government may enter into any international agreement, contract, or other arrangement, the purpose or effect of which is to impose liability on the United States Government, or otherwise require financial indemnity by the United States Government, for nuclear accidents that may occur at nuclear reactors provided to North Korea pursuant to the Agreed Framework. ``(b) Construction.-- Except as provided in subsection (c), the prohibition of subsection (a) shall apply notwithstanding any other provision of law. ``(c) Exception.--Subsection (a) shall not apply to any treaty subject to approval by the Senate pursuant to article II, section 2, clause 2 of the Constitution of the United States.''.

Prohibits any such agreement, export license, or transfer of any such items unless Congress approves the President's report by enactment of a joint resolution. Subjects to the same prohibition and approval requirements any export license for, or transfer or retransfer to North Korea of, any nuclear material, facilities, goods, services, or technology controlled under the Export Trigger List of the Nuclear Suppliers Group. Declares that in supporting the provision of nuclear reactors to North Korea pursuant to the Agreed Framework, neither the President nor any U.S. agency may enter into any international agreement, contract, or other arrangement to impose liability on the U.S. Government for nuclear accidents that may occur at nuclear reactors provided to North Korea.

Accountability to Congress for Nuclear Transfers to North Korea Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fallen Timbers Battlefield and Fort Miamis National Historical Site Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The 185-acre Fallen Timbers Battlefield is the site of the 1794 battle between the United States Army, led by General Anthony Wayne, and the confederation of Native American tribes led by the great Chief Tecumseh. (2) British troops, led by General Henry Proctor, landed at Fort Miamis in the spring of 1813 and attacked the fort twice, without success. (3) Fort Miamis and the Fallen Timbers Battlefield are in Lucas County, Ohio, in the city of Maumee. (4) The 9-acre Fallen Timbers Battlefield Monument is listed as a National Historic Landmark. (5) Fort Miamis is listed in the National Register of Historic Places as a historic site. (6) In 1959, the Battle of Fallen Timbers was included in the National Survey of Historic Sites and Buildings as 1 of 22 sites representing the ``Advance of the Frontier, 1763-1830''. (7) In 1960, the Battle of Fallen Timbers was designated as a National Historic Landmark. (b) Purposes.--The purposes of this Act are the following: (1) To recognize and preserve the 185-acre Fallen Timbers Battlefield site. (2) To formalize the linkage of the Fallen Timbers Battlefield and Monument to Fort Miamis. (3) To preserve and interpret United States military history and Native American culture in the Northwest Territory during the period from 1794 through 1813. (4) To provide assistance to the State of Ohio, political subdivisions of the State, and nonprofit organizations in the State, in implementing a management plan that will preserve and interpret the historical, cultural, natural, recreational, and scenic resources of the historical site. (5) To authorize the Secretary to provide technical assistance to the State of Ohio, political subdivisions of the State, and nonprofit organizations in the State (including the Ohio Historical Society, the city of Maumee, the Maumee Valley Heritage Corridor, the city of Toledo, the Fallen Timbers Battlefield Preservation Commission, and the Metropark District of the Toledo Area) in developing the management plan. SEC. 3. DEFINITIONS. In this Act: (1) Historical site.--The term ``historical site'' means the Fallen Timbers Battlefield and Monument and Fort Miamis National Historical Site established by section 4. (2) Management entity.--The term ``management entity'' means-- (A) the Ohio Historical Society, the city of Maumee, the Maumee Valley Heritage Corridor, Inc., the city of Toledo, the Metropark District of the Toledo Area, and (B) any other entity designated by the Governor of Ohio and approved by the Secretary in accordance with section 5, as a member of the management entity; acting jointly. (3) Management plan.--The term ``management plan'' means a plan for management of the historical site, that is developed by the management entity and approved by the Secretary in accordance with section 7. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Technical assistance.--The term ``technical assistance'' means any guidance, advice, or other aid, other than financial assistance, provided by the Secretary. SEC. 4. FALLEN TIMBERS BATTLEFIELD AND FORT MIAMIS NATIONAL HISTORICAL SITE. (a) Establishment.--There is established in the State of Ohio the Fallen Timbers Battlefield and Fort Miamis National Historical Site. (b) Components.-- (1) In general.--The historical site is comprised of the following: (A) The Fallen Timbers site, comprised generally of the following: (i) The Fallen Timbers battlefield site, consisting of an approximately 185-acre parcel located north of U.S. 24, west of U.S. 23/I- 475, south of the Norfolk and Western Railroad line, and east of Jerome Road. (ii) The approximately 9-acre Fallen Timbers battlefield monument, located south of U.S. 24. (B) The Fort Miamis Park site. (2) Map.--The management entity shall prepare a map of the historical site, which shall be on file and available for public inspection in the offices of the management entity. (3) Consent of local property owners.--No privately owned property shall be included within the boundaries of the historical site unless the owner of the property consents to the inclusion. SEC. 5. COMPLETION OF COMPOSITION OF MANAGEMENT ENTITY. Not later than 60 days after the date of the enactment of this Act, the Governor of Ohio may designate any entity for purposes of section 3(2)(A) and transmit that designation to the Secretary. The Secretary shall approve or disapprove any entity designated by the Governor by not later than 60 days after the date of that transmittal. SEC. 6. WITHDRAWAL OF DESIGNATION. (a) In General.--The historical site shall remain a National historical site unless-- (1) the Secretary determines that-- (A) the use, condition, or development of the historical site is incompatible with the purposes of this Act; or (B) the management entity has not made reasonable and appropriate progress in preparing or implementing the management plan for the historical site; and (2) after making a determination under paragraph (1), the Secretary submits to the Congress notification that establishment of the historical site should be withdrawn. (b) Public Hearing.--Before the Secretary makes a determination under subsection (a)(1), the Secretary shall hold a public hearing in the historical site. (c) Time of Withdrawal of Designation.-- (1) Definition of legislative day.--In this subsection, the term ``legislative day'' means any calendar day on which both Houses of Congress are in session. (2) Time period.--The withdrawal of the historical site designation shall become final 90 legislative days after the Secretary submits to Congress the notification under subsection (a)(2). SEC. 7. APPROVAL OF MANAGEMENT PLAN; CONSISTENCY OF FEDERAL ACTIONS. (a) Approval.-- (1) In general.--The management entity shall submit any proposed management plan to the Governor of the State of Ohio. Within 60 days after receiving the proposed management plan, the Governor shall transmit to the Secretary the proposed plan and any recommendations of the Governor regarding the proposed plan. Within 30 days after receiving the proposed management plan, the Secretary shall approve the proposed plan or return it to the Governor with any changes recommended by the Secretary. (2) Role of secretary.--The Secretary may not approve a proposed management plan unless it includes provisions which describe the role of the Secretary in implementing the plan. (3) Assistance.--The Secretary shall assist the management entity in the preparation of the management plan. (b) Ensuring Consistency of Other Federal Actions.--Any Federal agency conducting an activity directly affecting the historical site shall consider the potential effect of the activity on the management plan and shall consult with the management entity with respect to the activity to minimize the adverse effects of the activity on the historical site. SEC. 8. NO EFFECT ON LAND USE REGULATION AND PRIVATE PROPERTY. (a) No Effect on Authority of Governments.--Nothing in this Act modifies, enlarges, or diminishes the authority of any Federal department or agency to regulate the use of land. (b) No Zoning or Land Use Powers.--Nothing in this Act-- (1) grants any power of zoning or land use control to the management entity; or (2) modifies, enlarges, or diminishes any existing authority to regulate land use by any State or local government entity which is a member of the management entity. (c) No Effect on Local Authority or Private Property.--Nothing in this Act affects or authorizes the management entity to interfere with-- (1) the rights of any person with respect to private property; or (2) any local zoning ordinance or land use plan of the State of Ohio or a political subdivision of the State. SEC. 9. FISHING, TRAPPING, AND HUNTING. (a) No Diminishment of State Authority.--Establishment of the historical site does not diminish the authority of the State of Ohio to manage fish and wildlife, including the regulation of fishing, hunting, and trapping in the historical site. (b) No Conditioning of Approval and Assistance.--Neither the Secretary nor any other Federal agency may make a limitation on fishing, hunting, or trapping-- (1) a condition of the determination of eligibility for assistance under this Act; or (2) a condition for the receipt, in connection with the historical site, of any other form of assistance from the Secretary or the agency, respectively.

Fallen Timbers Battlefield and Fort Miamis National Historical Site Act - Establishes the Fallen Timbers Battlefield and Fort Miamis National Historical Site in Ohio. Authorizes the Governor of Ohio to designate, from a specified list of candidates, a management entity which shall draw up a management plan for approval by the Secretary of the Interior. Prohibits the Secretary or any other Federal agency from making a limitation on fishing, hunting, or trapping a condition of the determination of eligibility for, or receipt of, assistance under this Act.

Fallen Timbers Battlefield and Fort Miamis National Historical Site Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Madera Water Supply Enhancement Act''. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) The term ``District'' means the Madera Irrigation District, Madera, California. (2) The term ``Project'' means the Madera Water Supply Enhancement Project, a groundwater bank on the 13,646 acre Madera Ranch in Madera, California, owned, operated, maintained, and managed by the District that will plan, design, and construct recharge, recovery, and delivery systems able to store up to 250,000 acre-feet of water and recover up to 55,000 acre-feet of water per year. (3) The term ``Secretary'' means the Secretary of the United States Department of the Interior. (4) The term ``total cost'' means all reasonable costs, such as the planning, design, permitting, financing, and construction of the Project and the fair market value of lands used or acquired by the District for the Project. The total cost of the Project shall not exceed $90,000,000. SEC. 3. NO FURTHER STUDIES OR REPORTS. (a) Findings.--Congress finds that the Bureau of Reclamation and others have conducted numerous studies regarding the Project, including, but not limited to the following: (1) Bureau of Reclamation Technical Review Groups Final Findings Memorandum, July 1997. (2) Bureau of Reclamation Madera Ranch Artificial Recharge Demonstration Test Memorandum, December 1997. (3) Bureau of Reclamation Madera Ranch Groundwater Bank Phase 1 Report, 1998. (4) Draft Memorandum Recommendations for Phase 2 Geohydrologic Work, April 1998. (5) Bureau of Reclamation Madera Ranch Water Banking Proposal Economic Analysis--MP-340. (6) Hydrologic Feasibility Report, December 2003. (7) Engineering Feasibility Report, December 2003. (8) Feasibility Study of the Preferred Alternative, Water Supply Enhancement Project, 2005. (9) Engineering Feasibility Report, June 2005. (10) Report on Geologic and Hydrologic Testing Program for Madera Ranch. (11) Engine Driver Study, June 2005. (12) Wetlands Delineation, 2000, 2001, 2004, and 2005. (13) Madera Ranch Pilot Recharge: Interim Technical Memorandum, May 2005. (14) Integrated Regional Water Management Plan, July 2005. (15) Certified California Environmental Quality Act (CEQA) Environmental Impact Report (EIR), September 2005. (16) Baseline Groundwater Level Monitoring Report, January 2006. (17) Final Appraisal Study, Madera Irrigation District Water Supply Enhancement Project, October 2006. (18) WDS Groundwater Monitoring Status Report to Madera Ranch Oversight Committee, November 2006. (b) No Further Studies or Reports.--Pursuant to the Reclamation Act of 1902 (32 Stat. 388) and Acts amendatory thereof and supplemental thereto, the Project is feasible and the Bureau of Reclamation shall not conduct any further studies or reports related to determining the feasibility of the Project. SEC. 4. COOPERATIVE AGREEMENT. All planning, design, and construction of the Project authorized by this Act shall be undertaken in accordance with a cooperative agreement between the Secretary and the District for the Project. Such cooperative agreement shall set forth in a manner acceptable to the Secretary and the District the responsibilities of the District for participating, which shall include-- (1) engineering and design; (2) construction; and (3) the administration of contracts pertaining to any of the foregoing. SEC. 5. AUTHORIZATION FOR THE MADERA WATER SUPPLY AND ENHANCEMENT PROJECT. (a) Authorization of Construction.--The Secretary, acting pursuant to the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388), and Acts amendatory thereof or supplementary thereto, as far as those laws are not inconsistent with the provisions of this Act, is authorized to enter into a cooperative agreement through the Bureau with the District for the support of the design, and construction of the Project. (b) Cost Share.--The Federal share of the capital costs of the Project shall not exceed 25 percent of the total cost as defined in section 2(4). Capital, planning, design, permitting, financing, construction, and land acquisition costs incurred by the District prior to the date of the enactment of this Act shall be considered a portion of the non-Federal cost share. (c) In-Kind Services.--In-kind services performed by the District shall be considered a part of the local cost share to complete the Project authorized by subsection (a). (d) Credit for Non-Federal Work.--The District shall receive credit toward the non-Federal share of the cost of the Project for-- (1) reasonable costs incurred by the District as a result of participation in the planning, design, permitting, financing, and construction of the Project; and (2) for the fair market value of lands used or acquired by the District for the Project. (e) Limitation.--The Secretary shall not provide funds for the operation or maintenance of the Project authorized by this section. The operation, ownership, and maintenance of the Project shall be the sole responsibility of the District. (f) Plans and Analyses Consistent With Federal Law.--Before obligating funds for design or construction under this section, the Secretary shall work cooperatively with the District to use, to the extent possible, plans, designs, and engineering and environmental analyses that have already been prepared by the District for the Project. The Secretary shall ensure that such information as is used is consistent with applicable Federal laws and regulations. (g) Title; Responsibility; Liability.--Nothing in this section or the assistance provided under this section shall be construed to transfer title, responsibility or liability related to the Project to the United States. (h) Authorization of Appropriation.--There is authorized to be appropriated to the Secretary to carry out this Act $22,500,000 or 25 percent of the total cost of the Project, whichever is less. SEC. 6. SUNSET. The authority of the Secretary to carry out any provisions of this Act shall terminate 10 years after the date of the enactment of this Act.

Madera Water Supply Enhancement Act - Finds that: (1) the Bureau of Reclamation and others have conducted numerous studies regarding the Madera Water Supply Enhancement Project, California; (2) the Project is feasible; and (3) the Bureau shall not conduct any further studies or reports related to determining its feasibility. Requires all planning, design, and construction of the Project to be undertaken in accordance with a cooperative agreement between the Secretary and the Madera Irrigation District. Authorizes the Secretary to enter into a cooperative agreement for the support of Project design and construction. Limits the federal share of Project capital costs to 25%. Considers: (1) capital, planning, design, permitting, financing, construction, and land acquisition costs incurred by the District prior to this Act's enactment to be part of the nonfederal share; and (2) in-kind services performed by the District to be part of the local share. Requires the District to receive credit toward the nonfederal share for reasonable costs incurred from participation in the planning, design, permitting, financing, and construction of the Project and for the fair market value of lands used or acquired for the Project. Prohibits the Secretary from providing funds for operation or maintenance. Makes Project operation, ownership, and maintenance the sole responsibility of the District. Directs the Secretary, before obligating funds, to work cooperatively with the District to use plans, designs, and engineering and environmental analyses that have already been prepared by the District. Terminates the Secretary's authority to carry out this Act 10 years after its enactment.

A bill to authorize the Secretary of the Interior, acting through the Bureau of Reclamation, to enter into a cooperative agreement with the Madera Irrigation District for purposes of supporting the Madera Water Supply Enhancement Project.

SECTION 1. DISALLOWANCE OF DEDUCTION FOR CERTAIN OIL CLEANUP COSTS. (a) General Rule.--Part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to certain items not deductible) is amended by adding at the end thereof the following new section: ``SEC. 280I. DISALLOWANCE OF CERTAIN OIL CLEANUP COSTS. ``(a) General Rule.--Except as otherwise provided in this section, no deduction shall be allowed for any applicable discharge costs. ``(b) Exceptions.-- ``(1) Small spills.--Subsection (a) shall not apply to any applicable discharge costs of any taxpayer which are attributable to any oil discharge involving less than 36,000 gallons of oil. For purposes of the preceding sentence, all discharges at a facility during any 6-month period shall be aggregated and treated as one discharge. ``(2) Facility closed and cleanup completed.--Subsection (a) shall not apply to any applicable discharge costs of the taxpayer which are attributable to any oil discharge from any facility if-- ``(A) the Administrator of the Environmental Protection Agency certifies to the Secretary that all cleanup and other remediation actions required by reason of such discharge have been completed, and ``(B) all operations (whether by the taxpayer or any other person) at such facility involving the transportation, storage, or processing of oil have been permanently terminated. ``(3) Taxpayer with complete liability defense.-- ``(A) In general.--Subsection (a) shall not apply to any applicable discharge costs of any taxpayer which are attributable to any oil discharge if such taxpayer has a complete liability defense with respect to such discharge. ``(B) Complete liability defense.--For purposes of subparagraph (A), a taxpayer has a complete liability defense with respect to any oil discharge, if it is determined under section 1003 of the Oil Pollution Act of 1990 or section 311 of the Clean Water Act that such taxpayer has no liability under section 1002 of the Oil Pollution Act of 1990 or section 311 of the Clean Water Act. ``(c) Applicable Discharge Costs.--For purposes of this section, the term `applicable discharge costs' means any of the following costs incurred in connection with any oil discharge: ``(1) Any costs incurred in removing or attempting to remove the oil. ``(2) Any costs to prevent, minimize, or mitigate pollution or other damages resulting from such discharge. ``(3) Any costs attributable to liabilities for damages, fines, or penalties from such discharge. ``(4) Any costs incurred in determining the amount of the taxpayer's liability for any of the foregoing. ``(5) Any amount deductible on account of the loss of the material discharged or released. ``(d) Oil Discharge.--For purposes of this section, the term `oil discharge' means any discharge (as defined in section 1001 of the Oil Pollution Act of 1990 or section 311 of the Clean Water Act) of oil (as defined in such sections). ``(e) Treatment of Certain Insurance Proceeds, Etc.--Gross income shall include any compensation by insurance or otherwise received with respect to costs for which a deduction is disallowed under subsection (a).'' (b) Prohibition Against Offset by Net Operating Loss Deduction.-- Section 172 of such Code is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection: ``(i) Limitation on Use To Offset Deductions Disallowed Under Section 280I.--The deduction allowed under this section shall not reduce taxable income for any taxable year to an amount less than the amount disallowed under section 280I for such taxable year. Appropriate adjustments in the application of subsection (b)(2) shall be made to take into account the provisions of this subsection.'' (c) Clerical Amendment.--The table of sections for part IX of subchapter B of chapter 1 of such Code is amended by adding at the end thereof the following new item: ``Sec. 280I. Disallowance of certain oil cleanup costs.'' (d) Effective Date.--The amendments made by this section shall apply in the case of any applicable discharge costs paid after the date of the enactment of this Act. SEC. 2. EXPENSE TREATMENT FOR EXPENDITURE TO REDUCE RISK OF OIL SPILLS. (a) General Rule.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by adding at the end thereof the following new section: ``SEC. 198. EXPENDITURES TO REDUCE RISKS OF OIL SPILLS. ``(a) Treatment as Expenses.--Any qualified oil facility expenditures paid or incurred by the taxpayer during the taxable year shall be treated as expenses which are not chargeable to capital account. The expenditures so treated shall be allowed as a deduction for such taxable year. ``(b) Qualified Oil Facility Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified oil facility expenditures' means expenditures which-- ``(A) are paid or incurred in connection with a trade or business of the taxpayer, ``(B) are paid or incurred for purposes of reducing the risk of a discharge of oil from any facility operated by the taxpayer, ``(C) the Administrator of the Environmental Protection Agency has certified to the Secretary as being necessary or appropriate for purposes of reducing the risk of such discharges; and ``(D) the taxpayer elects to take into account under this section. ``(2) Definitions.--For purposes of this subsection, the term `discharge', has the meaning given such term by section 1001 of the Oil Pollution Act of 1990 or section 311 of the Clean Water Act and the term `oil' has the meaning given such term by such sections.'' (b) Clerical Amendment.--The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by adding at the end thereof the following new item: ``Sec. 198. Expenditures to reduce risks of oil spills.'' (c) Effective Date.--The amendments made by this section shall apply to expenditures paid or incurred after the date of the enactment of this Act.

Amends the Internal Revenue Code to disallow a tax deduction for oil cleanup costs, except: (1) spills involving less than 36,000 gallons of oil; (2) facility closures and cleanup completions; and (3) oil discharge costs where the taxpayer has a complete liability defense. Prohibits the net operating loss deduction from reducing taxable income to an amount less than the amount disallowed for oil cleanup costs. Treats qualified oil facility expenditures to reduce risks of oil spills as expenses which are not chargeable to capital account. Allows such expenditures as a deduction.

To amend the Internal Revenue Code of 1986 to deny any deduction for certain oil cleanup costs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Justice Outreach Act of 2015''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PROGRAM OF COORDINATED OUTREACH FOR JUSTICE-INVOLVED VETERANS AT RISK OF HOMELESSNESS. (a) Program Required.-- (1) In general.--Subchapter III of chapter 20 of title 38, United States Code, is amended-- (A) by redesignating sections 2022 and 2023 as sections 2023 and 2024, respectively; and (B) by inserting after section 2021A the following new section 2022: ``Sec. 2022. Coordination of outreach for justice-involved veterans at risk of homelessness ``(a) Program Required.--The Secretary shall carry out a program to support veterans in contact with the criminal justice system by discouraging unnecessary criminalization of mental illness and other nonviolent crimes. ``(b) Partnership.--The Secretary shall carry out the program required by subsection (a) in partnership with local law enforcement, judicial, and community-based treatment and legal assistance organizations. ``(c) Authorized Activities.--In carrying out the program required by subsection (a), the Secretary may conduct the following: ``(1) Training for police, prosecutors, courts, public defenders, and other community-based support organizations on matters relating to psychological trauma associated with military service and mental health and substance abuse services available from the Department. ``(2) Support for courts and their officers, including physical presence in the courtroom setting, by facilitating mental health assessments, treatment planning, referrals to Department services, or such other services as may be requested by the courts. ``(3) Such other outreach and assistance as the Secretary considers appropriate for the provision of support described in subsection (a). ``(d) Justice Outreach Coordinators.--(1) In order to effectively assist veterans in contact with the criminal justice system, the Secretary shall establish coordinators to provide outreach under the program required by subsection (a). ``(2) The Secretary shall ensure that each coordinator established under paragraph (1) is knowledgeable about psychological and psychiatric evaluation in relation to justice-based forensic matters, such as-- ``(A) psychiatric diagnosis; ``(B) developmental disabilities; ``(C) medical issues, such as traumatic brain injury; ``(D) competency and sanity; ``(E) neglect and abuse; ``(F) parental rights; and ``(G) life threatening issues, such as suicidality and homicidally. ``(e) Veteran in Contact With the Criminal Justice System Defined.--In this section, the term `veteran in contact with the criminal justice system' includes the following: ``(1) A veteran in contact with local law enforcement who can be appropriately diverted from arrest to mental health treatment. ``(2) A veteran in local jail either pretrial or serving a sentence. ``(3) A veteran in adjudication or monitoring by a court.''. (2) Conforming amendment.--Section 2023(f) of such title, as redesignated by paragraph (1)(A), is amended in paragraphs (2)(C) and (3)(C) by striking ``section 2023'' both places it appears and inserting ``section 2024''. (3) Clerical amendment.--The table of sections at the beginning of chapter 20 of such title is amended by striking the items relating to sections 2022 and 2023 and inserting the following new items: ``2022. Coordination of outreach for justice-involved veterans at risk of homelessness. ``2023. Coordination of outreach services for veterans at risk of homelessness. ``2024. Referral and counseling services: veterans at risk of homelessness who are transitioning from certain institutions.''. (b) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the program carried out under section 2022(a) of such title, as added by subsection (a)(1). (2) Contents.--The report submitted under paragraph (1) shall include an assessment of the following: (A) The number of coordinators established under section 2022(d)(1) of such title, as added by subsection (a)(1). (B) The training of such coordinators. (C) The capabilities of such coordinators. (D) The capacity of the program carried out under section 2022(a) of such title, as so added, to meet the demand of veterans and courts for services under the program.

Veterans Justice Outreach Act of 2015 This bill directs the Department of Veterans Affairs (VA) to carry out a program to support veterans in contact with the criminal justice system by discouraging unnecessary criminalization of mental illness and other nonviolent crimes. The program shall be carried out in partnership with local law enforcement, judicial, and community-based treatment and legal assistance organizations. The VA shall establish coordinators to provide program outreach.

Veterans Justice Outreach Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``FISA Court Reform Act of 2013''. SEC. 2. DEFINITIONS. In this Act: (1) Decision.--The term ``decision'' means a decision, order, or opinion issued by the FISA Court or the FISA Court of Review. (2) FISA.--The term ``FISA'' means the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). (3) FISA court.--The term ``FISA Court'' means the court established under section 103(a) of FISA (50 U.S.C. 1803(a)). (4) FISA court of review.--The term ``FISA Court of Review'' means the court of review established under section 103(b) of FISA (50 U.S.C. 1803(b)). (5) Office.--The term ``Office'' mean the Office of the Special Advocate established under section (3)(a). (6) Significant construction or interpretation of law.--The term ``significant construction or interpretation of law'' means a significant construction or interpretation of a provision, as that term is construed under section 601(c) of FISA (50 U.S.C. 1871(c)). (7) Special advocate.--The term ``Special Advocate'' means the Special Advocate appointed under section 3(b). SEC. 3. OFFICE OF THE SPECIAL ADVOCATE. (a) Establishment.--There is established in the executive branch as an independent establishment, as defined in section 104 of title 5, United States Code, an Office of the Special Advocate. (b) Special Advocate.-- (1) In general.--The head of the Office is the Special Advocate. (2) Appointment and term.-- (A) Appointment.--The presiding judge of the FISA Court of Review shall appoint the Special Advocate from the list of candidates submitted under subparagraph (B). (B) List of candidates.--The Privacy and Civil Liberties Oversight Board shall submit to the presiding judge of the FISA Court of Review a list of not less than 5 qualified candidates to serve as Special Advocate. (C) Security clearance.--An individual may be appointed Special Advocate without regard to whether the individual possesses a security clearance on the date of the appointment. (D) Term and dismissal.--A Special Advocate shall be appointed for a term of 5 years and may be fired only for good cause shown, including the demonstrated inability to qualify for an adequate security clearance. (E) Reappointment.--There shall be no limit to the number of consecutive terms served by a Special Advocate. The reappointment of a Special Advocate shall be made in the same manner as appointment of a Special Advocate. (F) Acting special advocate.--If the position of Special Advocate is vacant, the presiding judge of the FISA Court of Review may appoint an Acting Special Advocate from among the qualified employees of the Office. If there are no such qualified employees, the presiding judge of the FISA Court of Review may appoint an Acting Special Advocate from the most recent list of candidates provided by the Privacy and Civil Liberties Oversight Board pursuant to subparagraph (B). The Acting Special Advocate shall have all of the powers of a Special Advocate and shall serve until a Special Advocate is appointed. (3) Employees.--The Special Advocate is authorized, without regard to the civil service laws and regulations, to appoint and terminate employees of the Office. (c) Security Clearances.--The appropriate departments, agencies, and elements of the executive branch shall cooperate with the Office, to the extent possible under existing procedures and requirements, to expeditiously provide the Special Advocate and appropriate employees of the Office with the security clearances necessary to carry out the duties of the Special Advocate. (d) Duties and Authorities of the Special Advocate.-- (1) In general.--The Special Advocate-- (A) shall review each application to the FISA Court by the Attorney General; (B) shall review each decision of the FISA Court or the FISA Court of Review issued after the date of the enactment of this Act and all documents and other material relevant to such decision in a complete, unredacted form; (C) shall participate in a proceeding before the FISA Court if appointed to participate by the FISA Court under section 4(a); (D) may request to participate in a proceeding before the FISA Court; (E) shall participate in such a proceeding if such request is granted; (F) may request reconsideration of a decision of the FISA Court under section 4(b); (G) may appeal or seek review of a decision of the FISA Court or the FISA Court of Review under section 5; and (H) shall participate in such appeal or review. (2) Advocacy.--The Special Advocate shall protect individual rights by vigorously advocating before the FISA Court or the FISA Court of Review, as appropriate, in support of legal interpretations that minimize the scope of surveillance and the extent of data collection and retention. (3) Utilization of outside counsel.--The Special Advocate-- (A) may delegate to a competent outside counsel any duty or responsibility of the Special Advocate with respect to participation in a matter before the FISA Court, the FISA Court of Review, or the Supreme Court of the United States; and (B) may not delegate to outside counsel any duty or authority set out in subparagraph (A), (B), (D), (F), or (G) of paragraph (1). (4) Availability of documents and material.--The FISA Court or the FISA Court of Review, as appropriate, shall order any agency, department, or entity to make available to the Special Advocate, or appropriate outside counsel if utilized by the Special Advocate under paragraph (3), any documents or other material necessary to carry out the duties described in paragraph (1). SEC. 4. ADVOCACY BEFORE THE FISA COURT. (a) Appointment To Participate.-- (1) In general.--The FISA Court may appoint the Special Advocate to participate in a FISA Court proceeding. (2) Standing.--If the Special Advocate is appointed to participate in a FISA Court proceeding pursuant to paragraph (1), the Special Advocate shall have standing as a party before the FISA Court in that proceeding. (b) Reconsideration of a FISA Court Decision.-- (1) Authority to move for reconsideration.--The Special Advocate may move the FISA Court to reconsider any decision of the FISA Court made after the date of the enactment of this Act by petitioning the FISA Court not later than 30 days after the date on which all documents and materials relevant to the decision are made available to the Special Advocate. (2) Discretion of the fisa court.--The FISA Court shall have discretion to grant or deny a motion for reconsideration made pursuant to paragraph (1). (c) Amicus Curiae Participation.-- (1) Motion by the special advocate.--The Special Advocate may file a motion with the FISA Court to permit and facilitate participation of amicus curiae, including participation in oral argument if appropriate, in any proceeding. The FISA Court shall have the discretion to grant or deny such a motion. (2) Facilitation by the fisa court.--The FISA Court may, sua sponte, permit and facilitate participation by amicus curiae, including participation in oral argument if appropriate, in proceedings before the FISA Court. (3) Regulations.--Not later than 180 days after the date of the enactment of this Act, the FISA Court shall promulgate rules to provide the public with information sufficient to allow interested parties to participate as amicus curiae. SEC. 5. APPELLATE REVIEW. (a) Appeal of FISA Court Decisions.-- (1) Authority to appeal.--The Special Advocate may appeal any decision of the FISA Court issued after the date of the enactment of this Act not later than 90 days after the date the decision is issued, unless it would be apparent to all reasonable jurists that such decision is dictated by statute or by precedent handed down after such date of enactment. (2) Standing as appellant.--If the Special Advocate appeals a decision of the FISA Court pursuant to paragraph (1), the Special Advocate shall have standing as a party before the FISA Court of Review in such appeal. (3) Mandatory review.--The FISA Court of Review shall review any FISA Court decision appealed by the Special Advocate and issue a decision in such appeal. (4) Standard of review.--The standards for a mandatory review of a FISA Court decision pursuant to paragraph (3) shall be-- (A) de novo with respect to issues of law; and (B) clearly erroneous with respect to determination of facts. (5) Amicus curiae participation.-- (A) In general.--The FISA Court of Review shall accept amicus curiae briefs from interested parties in all mandatory reviews pursuant to paragraph (3) and shall provide for amicus participation in oral argument if appropriate. (B) Regulations.--Not later than 180 days after the date of the enactment of this Act, the FISA Court of Review shall promulgate rules to provide the public with information sufficient to allow interested parties to participate as amicus curiae. (b) Review of FISA Court of Review Decisions.-- (1) Authority.--The Special Advocate may seek a writ of certiorari from the Supreme Court of the United States for review of any decision of the FISA Court of Review. (2) Standing.--In any proceedings before the Supreme Court of the United States relating to a petition of certiorari filed under paragraph (1) and any proceedings in a matter for which certiorari is granted, the Special Advocate shall have standing as a party. SEC. 6. DISCLOSURE. (a) Requirement To Disclose.--The Attorney General shall publicly disclose-- (1) all decisions issued by the FISA Court or the FISA Court of Review after July 10, 2003, that include a significant construction or interpretation of law; (2) any decision of the FISA Court appealed by the Special Advocate pursuant to this Act; and (3) any FISA Court of Review decision that is issued after an appeal by the Special Advocate. (b) Disclosure Described.--For each disclosure required by subsection (a) with respect to a decision, the Attorney General shall make available to the public documents sufficient-- (1) to identify with particularity each legal question addressed by the decision and how such question was resolved; (2) to describe in general terms the context in which the matter arises; (3) to describe the construction or interpretation of any statute, constitutional provision, or other legal authority relied on by the decision; and (4) to indicate whether the decision departed from any prior decision of the FISA Court or FISA Court of Review. (c) Documents Described.--The Attorney General shall satisfy the disclosure requirements in subsection (b) by-- (1) releasing a FISA Court or FISA Court of Review decision in its entirety or as redacted; (2) releasing a summary of a FISA Court or FISA Court of Review decision; or (3) releasing an application made to the FISA Court, briefs filed before the FISA Court or the FISA Court of Review, or other materials, in full or as redacted. (d) Extensive Disclosure.--The Attorney General shall release as much information regarding the facts and analysis contained in a decision described in subsection (a) or documents described in subsection (c) as is consistent with legitimate national security concerns. (e) Timing of Disclosure.-- (1) Decisions issued prior to enactment.--A decision issued prior to the date of the enactment of this Act that is required to be disclosed under subsection (a)(1) shall be disclosed not later than 180 days after the date of the enactment of this Act. (2) FISA court decisions.--The Attorney General shall release FISA Court decisions appealed by the Special Advocate not later than 30 days after the date the appeal is filed. (3) FISA court of review decisions.--The Attorney General shall release FISA Court of Review decisions appealed by the Special Advocate not later than 90 days after the date the appeal is filed. (f) Petition by the Special Advocate.-- (1) Authority to petition.--The Special Advocate may petition the FISA Court or FISA Court of Review to order-- (A) the public disclosure of a decision of such a Court, and documents or other material relevant to such a decision, previously designated as classified information; or (B) the release of an unclassified summary of such decisions and documents. (2) Contents of petition.--Each petition filed under paragraph (1) shall contain a detailed declassification proposal or a summary of the decision and documents that the Special Advocate proposes to have released publicly. (3) Role of the attorney general.-- (A) Copy of petition.--The Special Advocate shall provide to the Attorney General a copy of each petition filed under paragraph (1). (B) Opposition.--The Attorney General may oppose a petition filed under paragraph (1) by submitting any objections in writing to the FISA Court or the FISA Court of Review, as appropriate, not later than 90 days after the date such petition was submitted. (4) Public availability.--Not less than 91 days after receiving a petition under paragraph (1), and taking into account any objections from the Attorney General made under paragraph (3)(B), the FISA Court or FISA Court of Review, as appropriate, shall declassify and make readily available to the public any decision, document, or other material requested in such petition, if such decision, document, or other material pertain to a decision that contains a significant construction or interpretation of law, to the greatest extent possible, consistent with legitimate national security considerations. (5) Effective date.--The Special Advocate may not file a petition under paragraph (1) until 181 days after the date of the enactment of this Act, except with respect to a decision appealed by the Special Advocate. SEC. 7. ANNUAL REPORT TO CONGRESS. (a) Requirement for Annual Report.--The Special Advocate shall submit to Congress an annual report on the implementation of this Act. (b) Contents.--Each annual report submitted under subsection (a) shall-- (1) detail the activities of the Office; (2) provide an assessment of the effectiveness of this Act; and (3) propose any new legislation to improve the functioning of the Office or the operation of the FISA Court or the FISA Court of Review. SEC. 8. PRESERVATION OF RIGHTS. Nothing in this Act shall be construed-- (1) to provide the Attorney General with authority to prevent the FISA Court or FISA Court of Review from declassifying decisions or releasing information pursuant to this Act; and (2) to eliminate the public's ability to secure information under section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act'') or any other provision of law.

FISA Court Reform Act of 2013 - Establishes as an independent establishment in the executive branch an Office of the Special Advocate to protect individual rights by advocating in cases before courts established by the Foreign Intelligence Surveillance Act of 1978 (FISA) in support of legal interpretations that minimize the scope of surveillance and the extent of data collection and retention. Directs the presiding judge of the FISA Court of Review to appoint a Special Advocate to serve as the head of such Office from a list of candidates submitted by the Privacy and Civil Liberties Oversight Board. Requires the Special Advocate to: (1) review each application to the FISA Court by the Attorney General and each decision of the FISA Court or the FISA Court of Review, and (2) participate in proceedings before the FISA Court when appointed to participate by such Court. Permits the Special Advocate to request to participate in such proceedings, request reconsideration of FISA Court decisions, and appeal or seek review of FISA Court or FISA Court of Review decisions. Directs such Courts to promulgate rules to provide the public with information sufficient to allow interested parties to participate as amicus curiae. Authorizes the Special Advocate to seek a writ of certiorari from the Supreme Court for review of any decision of the FISA Court of Review. Requires the Attorney General to publicly disclose: (1) all decisions issued by the FISA Court or the FISA Court of Review after July 10, 2003, that include a significant construction or interpretation of law, (2) any decision of the FISA Court appealed by the Special Advocate, and (3) any FISA Court of Review decision issued after an appeal by the Special Advocate. Provides for the release of as much information regarding the facts and analysis in such decisions as is consistent with legitimate national security concerns. Permits the Special Advocate to petition the FISA Court or FISA Court of Review for the public disclosure of decisions and related documents previously designated as classified or for the release of an unclassified summary of such materials.

FISA Court Reform Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Drug Sales Accountability Act''. SEC. 2. SALES OF CONTROLLED SUBSTANCES THROUGH THIRD-PARTY INTERNET SALES SITES. The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by inserting after section 423 the following section: ``SEC. 424. PROHIBITIONS REGARDING SALES OF CONTROLLED SUBSTANCES THROUGH THIRD-PARTY INTERNET SALES SITES. ``(a) In General.--Subject to subsection (d), it is unlawful for a person who controls a third-party Internet sales site-- ``(1) to accept for posting on the site an offer to sell an item that the person knows is a controlled substance; or ``(2) to fail to promptly remove from the site an offer to sell an item when a Federal or State official notifies the person, in accordance with subsection (e), that the item is a controlled substance. ``(b) Third-Party Internet Sales Site.--For purposes of this section, the term `third-party Internet sales site' means an Internet site, operated as part of a business, that permits users of the site to post an offer to sell an item directly to a consumer. ``(c) Advertising.--For purposes of this section, the term `offer', with respect to the sale of an item, includes an advertisement for the sale of the item. ``(d) Exclusion Regarding Licensed Pharmacies.--Subsection (a) does not have any applicability with respect to the sale of controlled substances by a licensed pharmacy, including a licensed Internet pharmacy. ``(e) Notice Regarding Controlled Substance.--A person who controls a third-party Internet sales site shall create a system for receipt of notice under subsection (a)(2) in accordance with this subsection if the notice is in writing and the notice-- ``(1) specifies this section as the relevant statutory authority; ``(2) specifies the name, title, physical address, and contact information of the Federal or State official or officials who sent the notice; ``(3) specifies the third-party Internet site involved; ``(4) specifies the offer with which the notice is concerned, including the controlled substance involved; ``(5) specifies the location of the offer on the site through the uniform resource locator (commonly referred to as the URL) or through the Internet Protocol numbers that constitute the address of the location; and ``(6) is provided to the designated agent of the third- party Internet sales site designated in accordance with section 512 of title 17, United States Code, if the site has designated such an agent. ``(f) Penalties.-- ``(1) Criminal penalties.-- ``(A) First conviction.--A person who violates subsection (a) shall be fined under title 18, United States Code, or imprisoned not more than one year, or both, subject to subparagraph (B). ``(B) Subsequent convictions.--If a person commits a violation of subsection (a) after a single prior conviction of the person under this paragraph, the person shall for such violation be fined under title 18, United States Code, or imprisoned not more than five years, or both. If a person commits a violation of such subsection after two or more prior convictions of the person under this paragraph, the person shall for such violation be fined under such title or imprisoned not more than 10 years, or both. ``(2) Civil penalty.--A person who violates a requirement under subsection (e) is subject to a civil penalty not exceeding $1,000,000 for each such violation. ``(g) Protection for Identifying and Removing Illegal Offers.-- ``(1) Monitoring and removal of offers.--A third-party Internet sales site should monitor and remove in good faith any posting of an offer to sell an item that the third-party Internet sales site believes to violate Federal or State law, or that is the subject of a notice described in subsection (e). ``(2) Protection against liability.--A third-party Internet sales site that in good faith monitors and removes any posting in accordance with paragraph (1) shall not be liable under any Federal or State law. ``(h) Additional Definitions.--For purposes of this section: ``(1) The term `control', with respect to an Internet site, means to have the legal right to exercise control over all or substantially all of the content of the site, without regard to the extent to which such authority actually is exercised. ``(2) The term `Internet' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the transmission control protocol/internet protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio. ``(3) The terms `Internet site', with respect to the Internet, mean a specific location on the Internet that is determined by Internet Protocol numbers or by any successor protocol for determining a specific location on the Internet. ``(4) The term `licensed Internet pharmacy' mean an Internet site that is controlled by a licensed pharmacy and is used by such pharmacy to make sales of controlled substances or other drugs. ``(5) The term `licensed pharmacy' means a person who is licensed as a pharmacy under applicable Federal or State law. ``(6) The term `remove', with respect to an offer posted on a third-party Internet sales site, includes disabling public access to the offer.''.

Internet Drug Sales Accountability Act - Amends the Controlled Substances Act to prohibit a person who controls a third-party Internet sales site from: (1) accepting for posting on the site an offer to sell an item that the person knows is a controlled substance; or (2) failing to promptly remove from the site an offer to sell an item which a federal or state official notifies the person is a controlled substance. Requires such person to create a system for receipt of such notice in writing and specifying information including the offer and substance involved and the name, title, address, and contact information of the officials who sent the notice. (Makes this provision inapplicable with respect to the sale of controlled substances by a licensed pharmacy.) Sets criminal and civil penalties for violations. Requires a third-party Internet sales site to monitor and remove in good faith any posting of an offer to sell an item that the site believes to violate federal or state law or that is the subject of notice under this Act. Shields from liability any such site that in good faith monitors and removes a posting pursuant to this provision.

To amend the Controlled Substances Act to prohibit third-party Internet sales sites from posting offers to sell controlled substances, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Seeds for the Future Act''. SEC. 2. PUBLIC CULTIVAR DEVELOPMENT. Section 2 of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157) is amended-- (1) in subsection (a), by adding at the end the following: ``(3) Definitions.--In this section: ``(A) Conventional breeding.--The term `conventional breeding' means the development of new varieties of an organism through controlled mating and selection without the use of transgenic methods. ``(B) Cultivar.--The term `cultivar' means a variety of a species of plant that has been intentionally selected for use in cultivation because of the improved characteristics of that variety of the species. ``(C) Public cultivar.--The term `public cultivar' means a cultivar that is the commercially available uniform end product of a publicly funded breeding program that has been sufficiently tested to demonstrate improved characteristics and stable performance.''; and (2) by adding at the end the following: ``(l) Public Cultivar Development Funding.-- ``(1) In general.--Of the amount of grants made under subsections (b) and (c), the Secretary of Agriculture (referred to in this subsection as the `Secretary') shall ensure that not less than $50,000,000 for each fiscal year is used for competitive research grants that support the development of public cultivars. ``(2) Priority.--In making grants under paragraph (1), the Secretary shall give priority to high-potential research projects that lead to the release of public cultivars. ``(3) Grants.--The Secretary shall ensure that the terms and renewal process for any competitive grants made under subsection (b) in accordance with paragraph (1) facilitate the development and commercialization of public cultivars through long-term grants not less than 5 years in length. ``(4) Report.--Not later than October 1 of each year, the Secretary shall submit to Congress a report that provides information on all public cultivar and breeding research funded by the Department of Agriculture, including-- ``(A) a list of public cultivars and varieties of public cultivars developed and released in a commercially available form; ``(B) areas of high priority research; ``(C) identified research gaps relating to public cultivar development; and ``(D) an assessment of the state of commercialization for cultivars that have been developed.''. SEC. 3. PUBLIC CULTIVAR RESEARCH COORDINATION. (a) In General.--Section 251 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971) is amended-- (1) in subsection (e), by adding at the end the following: ``(6) Public cultivar research activities coordinator.-- ``(A) In general.--The Under Secretary shall appoint a coordinator within the Research, Education, and Extension Office that reports to the Under Secretary to coordinate research activities at the Department relating to the breeding of public cultivars (as defined in paragraph (3) of section 2(a) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157(a))). ``(B) Duties of coordinator.--The coordinator appointed under subparagraph (A) shall-- ``(i) coordinate plant breeding research activities funded by the Department relating to the development of public cultivars; ``(ii)(I) carry out ongoing analysis and track activities for any Federal research funding supporting plant breeding (including any public cultivars developed with Federal funds); and ``(II) ensure that the analysis and activities are made available to the public not later than 60 days after the last day of each fiscal year; ``(iii) develop a strategic plan that establishes targets for public cultivar research investments across the Department to ensure that a diverse range of crop needs are being met in a timely and transparent manner; ``(iv) convene a working group in order to carry out the coordination functions described in this subparagraph comprised of individuals who are responsible for the management, administration, or analysis of public breeding programs within the Department from-- ``(I) the National Institute of Food and Agriculture; ``(II) the Agricultural Research Service; and ``(III) the Economic Research Service; ``(v) in order to maximize delivery of public cultivars, promote collaboration among-- ``(I) the coordinator; ``(II) the working group convened under clause (iv); ``(III) the advisory council established under section 1634 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5843); ``(IV) genetic resource conservation centers; ``(V) land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)); ``(VI) Hispanic-serving institutions (as defined in section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a))); ``(VII) Native American-serving nontribal institutions (as defined in section 371(c) of the Higher Education Act of 1965 (20 U.S.C. 1067q(c))); ``(VIII) nongovernmental organizations with interest or expertise in public breeding; and ``(IX) public and private plant breeders; ``(vi) convene regular stakeholder listening sessions to provide input on national and regional priorities for public cultivar breeding research activities across the Department; and ``(vii) evaluate and make recommendations to the Under Secretary on training and resource needs to meet future breeding challenges.''; and (2) in subsection (f)(1)(D)(i), by striking ``(7 U.S.C. 450i(b))'' and inserting ``(7 U.S.C. 3157(b))''. (b) Conforming Amendment.--Section 296(b)(6)(B) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)(6)(B)) is amended by striking ``Office; and'' and inserting ``Office (including the public cultivar research activities coordinator under subsection (e)(6) of that section); and''.

Seeds for the Future Act This bill amends the Competitive, Special, and Facilities Research Grant Act to require the Department of Agriculture (USDA) to ensure that at least $50 million of USDA grant funding is used each year for competitive research grants that support the development of public cultivars. A "cultivar" is a variety of plant that has been intentionally selected for use in cultivation because of its improved characteristics. A "public cultivar" is the commercially available uniform end product of a publicly funded breeding program that has been sufficiently tested to demonstrate improved characteristics and stable performance. The bill also amends the Department of Agriculture Reorganization Act of 1994 to establish a public cultivar research activities coordinator within USDA to coordinate research activities relating to the breeding of public cultivars.

Seeds for the Future Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom to Serve Without Fear Act of 2011''. SEC. 2. FINDINGS. The Congress finds the following: (1) A central tenet of representative democracy is that citizens enjoy the right to peaceably assemble and petition their government for redress of grievances. (2) For this right to be exercised meaningfully, elected representatives must be able to make themselves accessible to their constituents. (3) Fear of gun violence at events where elected representatives are performing their official or representational duties has a chilling effect on our democracy in at least 2 ways: (A) by discouraging citizens from engaging in the public and personal dialogue with their representatives that is the lifeblood of vibrant democratic politics; and (B) by leading elected representatives to reduce the frequency and extent of personal contact with their constituents as a reasonable precaution against unreasonable threats to their personal safety. (4) During the summer of 2009, there were multiple cases of persons carrying firearms outside of venues at which the President of the United States was holding meetings and official events. In one instance, a man carried an AR-15 automatic assault rifle and a sidearm. In another instance, occurring hours before a presidential town hall a week earlier, a man was arrested for breaching a security perimeter at the location of the event, and was found to be in possession of an unlicensed and loaded handgun. (5) In recent months, there has been a threefold increase in the number of reported threats against Members of the United States House of Representatives and Members of the United States Senate. SEC. 3. PROHIBITION ON KNOWINGLY POSSESSING A FIREARM NEAR A VENUE AT WHICH A MEMBER OF CONGRESS IS PERFORMING AN OFFICIAL AND REPRESENTATIONAL DUTY OR CAMPAIGNING FOR PUBLIC OFFICE. (a) Prohibition.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa)(1) Except as provided in paragraph (2), it shall be unlawful for any person, in or affecting interstate or foreign commerce, to knowingly carry a firearm-- ``(A) in, or within 250 feet of an entrance to or exit from, a building or structure where the person knows that a Member of Congress is-- ``(i) performing an official and representational duty of the Member; ``(ii) engaging in campaign activity as a candidate for election for Federal office for purposes of the Federal Election Campaign Act of 1971; or ``(iii) engaging in campaign activity as a candidate for election for State or local office, as determined pursuant to State law; or ``(B) at, or within 500 feet of, any other place where the person knows that a Member of Congress is performing such a duty or engaging in such a campaign activity, if there is visible, at each place that is at the applicable distance specified in this sentence from the building, structure, or other place, a sign which clearly and conspicuously states that a Member of Congress will be present at the building, structure, or other place, and so states the time interval during which the Member of Congress is scheduled to be so present. ``(2) Paragraph (1) shall not apply to the carrying of a firearm-- ``(A) by a law enforcement officer (whether on- or off- duty) who is authorized to carry a firearm in the line of duty; or ``(B) pursuant to the express written permission of-- ``(i) any Member of Congress present at the location involved, which permission has been filed with the chief of police of the locality involved; or ``(ii) the chief of police of the locality involved; ``(C) on real property owned or rented by the carrier of the firearm; ``(D) on the premises of a business in which the carrier of the firearm is employed and authorized by the employer to carry the firearm; or ``(E) which is in a locked container or otherwise not readily accessible for use. ``(3) If Federal investigative or prosecutive jurisdiction is asserted for a violation of this subsection, such assertion shall suspend the exercise of jurisdiction by a State or local authority, under any applicable State or local law, until Federal action is terminated. ``(4) Violations of this subsection shall be investigated by the Federal Bureau of Investigation. Assistance may be requested from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.''. (b) Penalties.--Section 924(a) of such title is amended by adding at the end the following: ``(8) Whoever knowingly violates section 922(aa) shall be fined under this title, imprisoned not more than 10 years, or both.''. SEC. 4. ENCOURAGING STATES TO ADOPT FIREARMS PROHIBITIONS SIMILAR TO FEDERAL LAW TO PROTECT STATE AND LOCAL ELECTED AND APPOINTED OFFICIALS. (a) In General.--For each fiscal year after the expiration of the period specified in subsection (b)(1) in which a State receives funds for the Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), the State shall have in effect throughout the State laws and policies that prohibit any person to knowingly possess a firearm near a venue at which an elected or appointed State or local official is performing an official and representational duty or campaigning for public office if such possession would constitute an offense under subsection (aa) of section 922 of title 18, United States Code, if such official were a Member of Congress. (b) Compliance and Ineligibility.-- (1) Compliance date.--Each State shall have not more than 1 year from the date of enactment of this Act to comply with subsection (a), except that-- (A) the Attorney General may grant an additional 1 year to a State that is making good faith efforts to comply with such subsection; and (B) the Attorney General shall waive the requirements of subsection (a) if compliance with such subsection by a State would be unconstitutional under the constitution of such State. (2) Ineligibility for funds.--For any fiscal year after the expiration of the period specified in paragraph (1), a State that fails to comply with subsection (a) shall not receive 10 percent of the funds that would otherwise be allocated for that fiscal year to the State for the Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.). (c) Reallocation.--Amounts not allocated under such Edward Byrne Memorial Justice Assistance Grant Program to a State for failure to fully comply with subsection (a) shall be reallocated under that program to States that have not failed to comply with such subsection.

Freedom to Serve Without Fear Act of 2011 - Amends the federal criminal code to prohibit any person from knowingly carrying a firearm in, or within 250 feet of an entrance to or exit from, a building or structure, or at, or within 500 feet of, any other place, where a Member of Congress is performing an official and representational duty or engaging in campaign activity as a candidate for federal, state, or local office, if there are visible at such distances signs which clearly and conspicuously state that a Member will be present and the time the Member will be present. Specifies exceptions, including pursuant to the express written permission of the Member or the chief of police of the locality involved. Requires a 10% reduction in funds a state would receive for the Edward Byrne Memorial Justice Assistance Grant Program for a fiscal year if the state fails to have in effect by the specified compliance date laws and policies that similarly prohibit individuals from knowingly possessing firearms near a venue at which an elected or appointed state or local official is performing an official and representational duty or campaigning for public office.

To prohibit the knowing possession of a firearm near a venue at which a Member of Congress is performing an official and representational duty or campaigning for public office.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Manufacturing Universities Act of 2014''. SEC. 2. MANUFACTURING UNIVERSITIES. (a) Definitions.--In this section: (1) Director.--The term ``Director'' means the Director of the Institute of Standards and Technology. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (3) Manufacturing industry.--The term ``manufacturing industry'' means an industry defined in North American Industry Classification System codes 31, 32, and 33. (4) United states manufacturing university.--The term ``United States manufacturing university'' means an institution of higher education that receives a designation from the Director under subsection (b)(1). (b) Manufacturing University Program.-- (1) Authorization.--The Director is authorized to establish a program to designate an institution of higher education as a United States manufacturing university. The Director, in coordination with the heads of other Federal agencies (including the Secretary of Defense, the Secretary of Energy, and the Director of the National Science Foundation), shall designate not more than 25 institutions of higher education as United States manufacturing universities. The Director shall award designations not earlier than January 1, 2015, and not later than March 31, 2015. (2) Funds provided.--An institution of higher education that receives a designation under paragraph (1) shall be awarded $5,000,000 for each fiscal year for a 4-year period beginning in the fiscal year in which the institution of higher education receives the designation under paragraph (1). (3) Use of funds.--Funds provided to an institution of higher education under this subsection shall be used to carry out the goals and meet the targets described in subsection (c)(2)(B). (c) Application.-- (1) In general.--An institution of higher education desiring a designation under subsection (b)(1) shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may reasonably require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall-- (A) submit data describing, as of the date of submission of the application-- (i) the engineering programs offered by the institution of higher education, including any focus on manufacturing engineering and curricula related to manufacturing industries; (ii) current joint projects relating to engineering between firms in the manufacturing industry and the institution of higher education; (iii) the percentage of students in the engineering program of the institution of higher education who participated in for-credit internship, cooperative education, or other similar programs with manufacturing firms in the most recent academic year for which information is available; (iv) the percentage of students enrolled at the institution of higher education who received a bachelor's degree, a master's degree, or a doctoral degree in engineering in the most recent academic year for which information is available, and a description of which engineering discipline each recipient of such degree studied; (v) the amount and purpose of research and development funding that manufacturing firms have provided to the institution of higher education for each of the 3 years preceding the date of submission of the application; (vi) the percentage of recent master's degree or doctoral degree graduates of the institution of higher education who have begun careers related to manufacturing and a description of-- (I) the institution's involvement in manufacturing startups; and (II) any new manufacturing businesses created by recent master's degree or doctoral degree graduates in the 3 years preceding the date of submission of the application; and (vii) the extent and a description of other programs at the institution of higher education related to manufacturing and entrepreneurship; and (B) submit a plan, including specific targets and goals to be achieved not later than 4 years after the date of designation under subsection (b)(1), describing-- (i) how the engineering programs offered by the institution of higher education will be improved to emphasize manufacturing engineering and curricula related to manufacturing industries; (ii) how the institution of higher education will increase the number of joint projects relating to engineering between manufacturing firms and the institution of higher education; (iii) how the institution of higher education will increase the number of students in the engineering program of the institution who participate in for-credit internship, cooperative education, or other similar programs in manufacturing firms; (iv) how the institution of higher education will increase the number of students who are United States citizens or permanent residents enrolled at the institution who receive a bachelor's degree, a master's degree, or a doctoral degree in engineering or applied science, in particular disciplines related to manufacturing, including chemical, electrical, mechanical, industrial, mechatronics, computer, biomedical, and nano engineering, as well as materials science, computer science, and applied mathematics; (v) how the institution of higher education will cover the costs of equipment and facilities related to its proposal and how it will increase funding from industry for research and development related to manufacturing; (vi) how the institution of higher education will increase the number of students who receive a degree from the institution of higher education who launch a new manufacturing business, as defined by the Bureau of Economic Analysis as the North American Industry Classification System code 3111 to 3399; (vii) how the institution of higher education will oversee interdisciplinary programs relating to advancing manufacturing productivity and innovation across various university colleges, departments, and programs; (viii) how the institution of higher education will designate an appropriate individual to oversee and coordinate the activities committed to as a part of the universities outlined ``manufacturing university'' plan who may be designated as a ``Chief Manufacturing Officer''; (ix) how the manufacturing engineering program can positively impact local and regional economic development; and (x) how the participating institutions and departments, particularly within engineering and business, will recognize and reward faculty, including through decisions of tenure, for developing innovative new means to increase interactions with manufacturing companies. (d) Administration of Program.-- (1) General policies.--The Director shall establish and publish general policies regarding-- (A) review of applications; (B) criteria for selection of institutions of higher education to receive a designation under subsection (b)(1); (C) procedures and criteria for the review required in paragraph (2); and (D) such other matters as the Director may prescribe. (2) Review.-- (A) In general.--Not later than 2 years after the date an institution of higher education receives a designation under subsection (b)(1), the Director shall conduct a review of the progress the institution of higher education has made toward the targets and goals described in subsection (c)(2)(B). If the Director determines that the institution of higher education is making adequate progress toward such targets and goals, funds provided under subsection (b)(1) shall continue for the remainder of the designation period. (B) Progress report.--Each institution of higher education receiving a designation under subsection (b)(1) shall submit a report each year that includes information on the progress the institution is making toward the targets and goals described in subsection (c)(2)(B). (C) Renewal.--An institution of higher education receiving a designation under subsection (b)(1) shall not be eligible to receive funds under subsection (b)(2) after the expiration of the 4-year period. (3) Report required.--Not later than September 30 of each year, the Director shall submit to Congress a report that includes-- (A) a list of the institutions of higher education that have received a designation under subsection (b)(1); and (B) a description of the progress such institutions of higher education have made toward the targets and goals described in subsection (c)(2)(B). (e) Assistance for Small Businesses.--Not later than 6 months after the date of enactment of this Act, the Director, in cooperation with the Administrator of the Small Business Administration, shall make recommendations on how the programs established under Phase III of the Small Business Act (15 U.S.C. 638), can be adapted to provide assistance to small businesses that collaborate with United States manufacturing universities. (f) Authorization of Appropriations.--There are authorized to be appropriated $125,000,000 for each of fiscal years 2015, 2016, 2017, and 2018 to carry out the provisions of this section.

Manufacturing Universities Act of 2014 - Authorizes the National Institute of Standards and Technology (NIST) to establish a program to designate up to 25 institutions of higher education as U.S. manufacturing universities that are to be awarded funds over a four-year period. Requires an institution applying for such program to submit a plan describing its engineering programs, its relationship to manufacturing industries, and its ability to positively impact local and regional economic development. Requires NIST to recommend adaptations to certain Small Business Act programs to assist small businesses that collaborate with such universities.

Manufacturing Universities Act of 2014

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Credible Military Option to Counter Iran Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Declaration of policy. Sec. 3. United States military preparedness in the Middle East. Sec. 4. United States military capabilities in the Central Command Area of Responsibility. Sec. 5. Enhancing the defense of Israel and United States interests in the Middle East. Sec. 6. Plan to enhance military capabilities of Persian Gulf allies. Sec. 7. Plan to increase strategic regional partnerships. Sec. 8. Definitions. SEC. 2. DECLARATION OF POLICY. (a) Findings.--Congress makes the following findings: (1) Iran, which has long sought to foment instability and promote extremism in the Middle East, is now seeking to exploit the dramatic political transition underway in the region to undermine governments traditionally aligned with the United States and support extremist political movements in these countries. (2) At the same time, Iran may soon attain a nuclear weapons capability, a development that would fundamentally threaten vital United States interests, destabilize the region, encourage regional nuclear proliferation, further empower and embolden Iran, the world's leading state sponsor of terrorism, and provide it the tools to threaten its neighbors, including Israel. (3) With the assistance of Iran over the past several years, Syria, Hezbollah, and Hamas have increased their stockpiles of rockets, with more than 60,000 rockets now ready to be fired at Israel. Iran continues to add to its arsenal of ballistic missiles and cruise missiles, which threaten Iran's neighbors, Israel, and United States Armed Forces in the region. (4) Preventing Iran from achieving nuclear weapons capability is among the most urgent national security challenges facing the United States. (5) Successive United States administrations have stated that a nuclear weapons-possessing Iran is unacceptable. (6) President Obama stated on January 24, 2012, ``Let there be no doubt: America is determined to prevent Iran from getting a nuclear weapon, and I will take no options off the table to achieve that goal.''. (7) In order to prevent Iran from developing nuclear weapons, the United States, in cooperation with its allies, must utilize all elements of national power including diplomacy, robust economic sanctions, and credible, visible preparations for a military option. (8) Nevertheless, to date, diplomatic overtures, sanctions, and other non-kinetic actions toward Iran have not caused the Government of Iran to abandon its nuclear weapons program. (9) With the impact of additional sanctions uncertain, additional pressure on the Government of Iran could come from the credible threat of military action against Iran's nuclear program. (b) Declaration of Policy.--It shall be the policy of the United States to take all necessary measures, including military action if required, to prevent Iran from threatening the United States, its allies, or Iran's neighbors with a nuclear weapon. SEC. 3. UNITED STATES MILITARY PREPAREDNESS IN THE MIDDLE EAST. (a) Sense of Congress.--It is the sense of Congress that-- (1) military exercises conducted in the Persian Gulf and Gulf of Oman emphasize the United States resolve and the policy of the United States described in section 2(b) by enhancing the readiness of the United States military and allied forces, as well as signaling to the Government of Iran the commitment of the United States to defend its vital national security interests; and (2) the President, as Commander in Chief, should require the United States military to develop a comprehensive plan to augment the presence of the United States Fifth Fleet in the Middle East and to conduct military deployments, exercises, or other visible, concrete military readiness activities to underscore the policy of the United States described in section 2(b). (b) Plan.-- (1) In general.--The Secretary of Defense shall prepare a plan to augment the presence of the United States Fifth Fleet in the Middle East and to conduct military deployments, exercises, or other visible, concrete military readiness activities to underscore the policy of the United States described in section 2(b). (2) Matters to be included.--The plan required under paragraph (1) shall include, at a minimum, steps necessary to support the policy of the United States described in section 2(b), including-- (A) pre-positioning sufficient supplies of aircraft, munitions, fuel, and other materials for both air- and sea-based missions at key forward locations in the Middle East and Indian Ocean; (B) maintaining sufficient naval assets in the region necessary to signal United States resolve and to bolster United States capabilities to launch a sustained sea and air campaign against a range of Iranian nuclear and military targets, to protect seaborne shipping, and to deny Iranian retaliation against United States interests in the region; (C) discussing the viability of deploying at least two United States aircraft carriers, an additional large deck amphibious ship, and a Mine Countermeasures Squadron in the region on a continual basis, in support of the actions described in subparagraph (B); and (D) conducting naval fleet exercises similar to the United States Fifth Fleet's major exercise in the region in March 2007 to demonstrate ability to keep the Strait of Hormuz open and to counter the use of anti- ship missiles and swarming high-speed boats. (3) Submission to congress.--The plan required under paragraph (1) shall be submitted to the congressional defense committees not later than 120 days after the date of enactment of this Act. SEC. 4. UNITED STATES MILITARY CAPABILITIES IN THE CENTRAL COMMAND AREA OF RESPONSIBILITY. (a) Authorization of Appropriations for Fiscal Year 2012.--In order to enhance United States military capabilities in the Central Command Area of Responsibility, funds are hereby authorized to be appropriated for fiscal year 2012 as follows: (1) $80,000,000 for Other Procurement, Navy to be available for MK 38 Mod 2 machine gun system for Coastal Patrol Craft. (2) $44,600,000 for Weapons Procurement, Navy to be available for-- (A) Griffin missile for Coastal Patrol Craft; and (B) Spike shoulder-fired electro-optic weapon. (3) $72,481,000 for Research, Development, Test and Evaluation, Navy to be available for-- (A) Program Element 0205601N for digital rocket launchers; (B) Beyond line of sight command and control architecture; and (C) MAGIC VIEW. (4) $134,552,000 for Research, Development, Test and Evaluation, Air Force to be available for Hard and Deeply Buried Target Defeat System Program, Program Element 0604327F. (5) $7,000,000 for Research, Development, Test and Evaluation, Defense-Wide to be available for-- (A) Indications and Warning; and (B) Systems Performance. (6) $14,000,000 for Operation and Maintenance, Navy to be available for Scan Eagle. (7) $2,000,000 for Operation and Maintenance, Air Force to be available for tactics development and evaluation. (b) Authorization of Appropriations for Fiscal Year 2013.--In order to enhance United States military capabilities in the Central Command Area of Responsibility, funds are hereby authorized to be appropriated for fiscal year 2013 as follows: (1) $22,654,000 for Other Procurement, Navy to be available for-- (A) Underwater Explosive Ordnance Disposal Programs; (B) Naval Military Intelligence Program Support Equipment; and (C) MK 38 Mod 2 machine gun system for Coastal Patrol Craft. (2) $31,000,000 for Weapons Procurement, Navy to be available for-- (A) Griffin missile for Coastal Patrol Craft; and (B) Spike shoulder-fired electro-optic weapon. (3) $72,481,000 for Research, Development, Test and Evaluation, Army to be available for Unmanned Aerial Vehicle Detection and Tracking. (4) $72,481,000 for Research, Development, Test and Evaluation, Navy to be available for-- (A) Joint Service Explosive Ordnance Development, Program Element 0603654N; (B) Advanced Anti-Radiation Guided Missile in Program Element 0205601N; and (C) Integrated, Fixed Surveillance System, Program Element 0204311N. (5) $72,481,000 for Research, Development, Test and Evaluation, Air Force to be available for Cyber Command Activities within Program Element 0208059F. SEC. 5. ENHANCING THE DEFENSE OF ISRAEL AND UNITED STATES INTERESTS IN THE MIDDLE EAST. (a) Sense of Congress.--It is the sense of Congress that the United States should take the following actions to assist in the defense of Israel: (1) Provide Israel such support as may be necessary to increase development and production of joint missile defense systems, particularly such systems that defend the urgent threat posed to Israel and United States forces in the region. (2) Provide Israel defense articles, intelligence, and defense services through such mechanisms as appropriate, to include air refueling tankers, missile defense capabilities, and specialized munitions. (3) Allocate additional weaponry and munitions for the forward-deployed United States stockpile in Israel. (4) Provide Israel additional surplus defense articles and defense services, as appropriate, in the wake of the withdrawal of United States forces from Iraq. (5) Offer the Israeli Air Force additional training and exercise opportunities in the United States to compensate for Israel's limited air space. (6) Expand Israel's authority to make purchases under section 23 of the Arms Export Control Act (relating to the ``Foreign Military Financing'' program) on a commercial basis. (7) Seek to enhance the capabilities of the United States and Israel to address emerging common threats, increase security cooperation, and expand joint military exercises. (8) Encourage an expanded role for Israel within the North Atlantic Treaty Organization (NATO), including an enhanced presence at NATO headquarters and exercises. (9) Support extension of the long-standing loan guarantee program for Israel, recognizing Israel's unbroken record of repaying its loans on time and in full. (10) Expand already-close intelligence cooperation, including satellite intelligence, with Israel. (b) Report on Israel's Qualitative Military Edge.-- (1) Statement of policy.--It is the policy of the United States-- (A) to help Israel preserve its qualitative military edge amid rapid and uncertain regional political transformation; and (B) to encourage further development of advanced technology programs between the United States and Israel in light of current trends and instability in the region. (2) Report.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on the status of Israel's qualitative military edge in light of current trends and instability in the region. (c) Report on Other Matters.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on each of the following: (1) Taking into account Israel's urgent requirement for F- 35 aircraft, actions to improve the process relating to Israel's purchase of F-35 aircraft to improve cost efficiency and timely delivery. (2) Efforts to expand cooperation between the United States and Israel in homeland defense, counter-terrorism, maritime security, cybersecurity, and other appropriate areas. (3) Actions to integrate Israel into the defense of the Eastern Mediterranean. SEC. 6. PLAN TO ENHANCE MILITARY CAPABILITIES OF PERSIAN GULF ALLIES. (a) Plan.--The Secretary of Defense, in consultation with the Secretary of State, shall develop a plan to enhance the military capabilities of Persian Gulf allies to bolster the posture of such allies in relation to Iran. (b) Matters To Be Included.--The plan required under subsection (a) shall include the following: (1) A description of the means to augment the offensive strike capabilities of key Gulf Cooperation Council allies, including the potential sale or upgrades of strike attack aircraft and bunker buster munitions, to augment the viability of a credible military option and to strengthen such allies' self-defense capabilities against retaliation or military aggression by Iran. (2) A needs-based assessment, or an update to an existing needs-based assessment, of the military requirements of Persian Gulf allies to support a credible military option and to defend against potential military aggression by Iran. (3) A detailed summary of any arms sales and training requests by Persian Gulf allies and a description and justification for United States actions taken. (c) Rule of Construction.--Nothing in the plan required under subsection (a) shall be construed to alter Israel's qualitative military edge. (d) Submission to Congress.--The plan required under subsection (a) shall be submitted to the appropriate congressional committees not later than 180 days after the date of the enactment of this Act. (e) Form.--The plan required under subsection (a) shall be submitted in an unclassified form, but may contain a classified annex. SEC. 7. PLAN TO INCREASE STRATEGIC REGIONAL PARTNERSHIPS. (a) Findings.--Congress finds the following: (1) The United States should ensure that it has the broadest set of geographic approaches to militarily access Iran. (2) United States Armed Forces and support staff currently have access from the eastern, southern, and western borders of Iran. (3) Azerbaijan borders the northern frontier of Iran closest to nuclear sites near Tehran and the Government of Azerbaijan cooperates with the United States on Caspian Sea security and energy issues. (b) Policy.--It shall be the policy of the United States to-- (1) increase pressure on Iran by providing United States Armed Forces with the broadest set of geographic approaches to militarily access Iran; and (2) explore means to enhance access to military facilities on the northern border of Iran. (c) Plan.-- (1) In general.--The Secretary of Defense, in consultation with the Secretary of State, shall develop a plan to increase the strategic partnership with regional allies to provide United States Armed Forces with the broadest set of geographic approaches to militarily access Iran. (2) Matters to be included.--The plan required under paragraph (1) shall include the following information: (A) Mechanisms to broaden the geographical approaches to militarily access Iran. (B) The need, if any, to strengthen the self- defense capabilities of regional allies as a result of such partnerships. (C) The viability of increasing access for United States Armed Forces to bases in Azerbaijan to augment the viability of a credible military option. (3) Submission to congress.--The plan required under paragraph (1) shall be submitted to the appropriate congressional committees not later than 180 days after the date of the enactment of this Act. SEC. 8. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate. (2) Congressional defense committees.--The term ``congressional defense committees'' has the meaning given that term in section 101(a)(16) of title 10, United States Code. (3) Qualitative military edge.--The term ``qualitative military edge'' has the meaning given the term in section 36(h)(2) of the Arms Export Control Act (22 U.S.C. 2776(h)(2)).

Credible Military Option to Counter Iran Act - States that it shall be the policy of the United States to take all necessary measures, including military action if required, to prevent Iran from threatening the United States, its allies, or Iran's neighbors with a nuclear weapon. Expresses the sense of Congress that: (1) U.S. military exercises in the Persian Gulf emphasize U.S. resolve in support of the above policy; and (2) the President should require the U.S. military to develop a comprehensive plan to augment the presence of the U.S. Fifth Fleet in the Middle East and to conduct military deployments, exercises, or other military readiness activities to underscore such policy. Directs the Secretary of Defense to prepare and submit to the congressional defense committees such a plan. Authorizes appropriations to the Department of Defense (DOD) for FY2012-FY2013 to enhance U.S. military capabilities in the Central Command Area of responsibility (Middle East), including for procurement, research and development, and operation and maintenance. Expresses the sense of Congress in support of specified action to assist in the defense of Israel, including joint missile defense systems, defense articles, intelligence, defense services, and additional weaponry and munitions for the forward-deployed U.S. stockpile in Israel. Directs the President to report to Congress on the status of Israel's qualitative military edge in light of current trends and instability in the region. Directs the Secretary to develop and submit to Congress: (1) a plan to enhance the military capabilities of Persian Gulf allies to bolster their posture in relation to Iran, and (2) a plan to increase the strategic partnership with regional allies to provide U.S. Armed Forces with the broadest set of geographic approaches to militarily access Iran.

To further the preparedness of the United States Armed Forces, in cooperation with regional allies, to prevent the Government of Iran from obtaining a nuclear weapon, and for other purposes.

SECTION 1. ENERGY INFORMATION FOR COMMERCIAL BUILDINGS. (a) Requirement of Benchmarking and Disclosure for Leasing Buildings Without Energy Star Labels.--Section 435(b)(2) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17091(b)(2)) is amended-- (1) by striking ``paragraph (2)'' and inserting ``paragraph (1)''; and (2) by striking ``signing the contract,'' and all that follows through the period at the end and inserting the following: ``signing the contract, the following requirements are met: ``(A) The space is renovated for all energy efficiency and conservation improvements that would be cost effective over the life of the lease, including improvements in lighting, windows, and heating, ventilation, and air conditioning systems. ``(B)(i) Subject to clause (ii), the space is benchmarked under a nationally recognized, online, free benchmarking program, with public disclosure, unless the space is a space for which owners cannot access whole building utility consumption data, including spaces-- ``(I) that are located in States with privacy laws that provide that utilities shall not provide such aggregated information to multitenant building owners; and ``(II) for which tenants do not provide energy consumption information to the commercial building owner in response to a request from the building owner. ``(ii) A Federal agency that is a tenant of the space shall provide to the building owner, or authorize the owner to obtain from the utility, the energy consumption information of the space for the benchmarking and disclosure required by this subparagraph.''. (b) Study.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary of Energy, in collaboration with the Administrator of the Environmental Protection Agency, shall complete a study-- (A) on the impact of-- (i) State and local performance benchmarking and disclosure policies, and any associated building efficiency policies, for commercial and multifamily buildings; and (ii) programs and systems in which utilities provide aggregated information regarding whole building energy consumption and usage information to owners of multitenant commercial, residential, and mixed-use buildings; (B) that identifies best practice policy approaches studied under subparagraph (A) that have resulted in the greatest improvements in building energy efficiency; and (C) that considers-- (i) compliance rates and the benefits and costs of the policies and programs on building owners, utilities, tenants, and other parties; (ii) utility practices, programs, and systems that provide aggregated energy consumption information to multitenant building owners, and the impact of public utility commissions and State privacy laws on those practices, programs, and systems; (iii) exceptions to compliance in existing laws where building owners are not able to gather or access whole building energy information from tenants or utilities; (iv) the treatment of buildings with-- (I) multiple uses; (II) uses for which baseline information is not available; and (III) uses that require high levels of energy intensities, such as data centers, trading floors, and televisions studios; (v) implementation practices, including disclosure methods and phase-in of compliance; (vi) the safety and security of benchmarking tools offered by government agencies, and the resiliency of those tools against cyber attacks; and (vii) international experiences with regard to building benchmarking and disclosure laws and data aggregation for multitenant buildings. (2) Submission to congress.--At the conclusion of the study, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and Committee on Energy and Natural Resources of the Senate a report on the results of the study. (c) Creation and Maintenance of Database.-- (1) In general.--Not later than 18 months after the date of enactment of this Act and following opportunity for public notice and comment, the Secretary of Energy, in coordination with other relevant agencies, shall maintain, and if necessary create, a database for the purpose of storing and making available public energy-related information on commercial and multifamily buildings, including-- (A) data provided under Federal, State, local, and other laws or programs regarding building benchmarking and energy information disclosure; (B) information on buildings that have disclosed energy ratings and certifications; and (C) energy-related information on buildings provided voluntarily by the owners of the buildings, only in an anonymous form unless the owner provides otherwise. (2) Complementary programs.--The database maintained pursuant to paragraph (1) shall complement and not duplicate the functions of the Environmental Protection Agency's Energy Star Portfolio Manager tool. (d) Input From Stakeholders.--The Secretary of Energy shall seek input from stakeholders to maximize the effectiveness of the actions taken under this section. (e) Report.--Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary of Energy shall submit to the Committee on Energy and Commerce of the House of Representatives and Committee on Energy and Natural Resources of the Senate a report on the progress made in complying with this section.

This bill amends the Energy Independence and Security Act of 2007 to require a federal agency leasing space in a building without an Energy Star label to include in its lease provisions requirements that the space's energy efficiency be measured against a nationally-recognized benchmark. The agency must also meet certain energy consumption disclosure requirements. The Department of Energy (DOE) must study and report on: (1) the impact of state and local performance benchmarking and disclosure policies for commercial and multifamily buildings; (2) the impact of programs and systems in which utilities provide aggregated information regarding whole building energy consumption and usage information to owners of multitenant commercial, residential, and mixed-use buildings; and (3) the best practice policy approaches studied in those impact analyses that have resulted in the greatest improvements in building energy efficiency. DOE must maintain a database for storing and making available public energy-related information on commercial and multifamily buildings.

To encourage benchmarking and disclosure of energy information for commercial buildings.

SECTION 1. SHORT TITLE. This Act may be cited as the ``One Strike You're Out, Part II Act''. SEC. 2. SCREENING OF PROSPECTIVE ASSISTED FAMILIES. (a) In General.--Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by inserting after subsection (k) the following new subsection: ``(l) Denial of Assistance to Criminal Offenders.--In making assistance under this section available on behalf of eligible families, a public housing agency may deny the provision of such assistance in the same manner, for the same period, and subject to the same conditions that an owner of federally assisted housing may deny occupancy in such housing under section 642(b) of the Housing and Community Development Act of 1992.''. (b) Conforming Amendment.--Clause (A) of section 8(d)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(A)) is amended to read as follows: ``(A) the selection of tenants for such units shall be function of the owner, subject to the provisions of the annual contributions contract between the Secretary and the public housing agency, except that in making such assistance available the public housing agency may limit the provision of assistance pursuant to subsection (l);''. SEC. 3. OCCUPANCY SCREENING. Section 642 of the Housing and Community Development Act of 1992 (42 U.S.C. 13602)-- (1) by inserting ``(a) General Criteria.--'' before ``In''; and (2) by adding at the end the following new subsections: ``(b) Authority to Deny Occupancy for Criminal Offenders.--In selecting tenants for occupancy of dwelling units in federally assisted housing, if the owner of such housing determines that an applicant for occupancy in the housing or any member of the applicant's household is or was, during the preceding 3 years, engaged in any activity described in paragraph (2)(C) of section 645, the owner may-- ``(1) deny such applicant occupancy and consider the applicant (for purposes of any waiting list) as not having applied for such occupancy ; and ``(2) after the expiration of the 3-year period beginning upon such activity, require the applicant, as a condition of occupancy in the housing or application for occupancy in the housing, to submit to the owner evidence sufficient (as the Secretary shall by regulation provide) to ensure that the individual or individuals in the applicant's household who engaged in criminal activity for which denial was made under paragraph (1) have not engaged in any criminal activity during such 3-year period. ``(c) Authority to Require Access to Criminal Records.--An owner of federally assisted housing may require, as a condition of providing occupancy in a dwelling unit in such housing to an applicant for occupancy and the members of the applicant's household, that each adult member of the household provide the owner with a signed, written authorization for the owner to obtain records described in section 646(a) regarding such member of the household from the National Crime Information Center, police departments, and other law enforcement agencies.''. SEC. 4. TERMINATION OF TENANCY. (a) Public Housing.-- (1) Expedited grievance procedure.--Section 6(k) of the United States Housing Act of 1937 (42 U.S.C. 1437d(k)) is amended in the first sentence of the matter following paragraph (6) by striking ``For'' and all that follows through ``off such premises'' and inserting the following: ``For any grievance concerning an eviction or termination of tenancy that involves any activity that is described in subsection (l)(5)''. (2) Leases.--Section 6(l) of the United States Housing Act of 1937 (42 U.S.C. 1437d(l)) is amended by striking paragraphs (4) and (5) and inserting the following new paragraphs: ``(4) require that the public housing agency may not terminate the tenancy except for violation of the terms and conditions of the lease, violation of applicable Federal, State, or local law, or other good cause; ``(5) provide that any activity, engaged in by the tenant, any member of the tenant's household, or any guest or other person under the tenant's control (regardless of whether the tenant had actual knowledge of such activity), that-- ``(A) threatens the health or safety of, or right to peaceful enjoyment of the premises by, other tenants or employees of the public housing agency or other manager of the housing, ``(B) threatens the health or safety of, or right to peaceful enjoyment of their residences by, persons residing in the immediate vicinity of the premises, or ``(C) is criminal activity (including drug-related criminal activity) on or off the premises, shall be cause for termination of tenancy; and''. (b) Section 8 Assistance.--Section 8(d)(1)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(B)) is amended by striking clauses (ii) and (iii) and inserting the following new clauses: ``(ii) the owner may not terminate the tenancy except for violation of the terms and conditions of the lease, violation of applicable Federal, State, or local law, or other good cause; ``(iii) any activity, engaged in by the tenant, any member of the tenant's household, or any guest or other person under the tenant's control (regardless of whether the tenant had actual knowledge of such activity), that-- ``(I) threatens the health or safety of, or right to peaceful enjoyment of the premises by, other tenants or employees of the owner or other manager of the housing, ``(II) threatens the health or safety of, or right to peaceful enjoyment of their residences by, persons residing in the immediate vicinity of the premises, or ``(III) is criminal activity (including drug- related criminal activity) on or off the premises, shall be cause for termination of tenancy; and''. (c) Federally Assisted Housing.--Subtitle C of title VI of the Housing and Community Development Act of 1992 (42 U.S.C. 13601 et seq.) is amended-- (1) by adding at the end the following new section: ``SEC. 645. TERMINATION OF TENANCY. ``Each lease for a dwelling unit in federally assisted housing shall provide that-- ``(1) the owner may not terminate the tenancy except for violation of the terms and conditions of the lease, violation of applicable Federal, State, or local law, or other good cause; and ``(2) any activity, engaged in by the tenant, any member of the tenant's household, or any guest or other person under the tenant's control (regardless of whether the tenant had actual knowledge of such activity), that-- ``(A) threatens the health or safety of, or right to peaceful enjoyment of the premises by, other tenants or employees of the owner or other manager of the housing, ``(B) threatens the health or safety of, or right to peaceful enjoyment of their residences by, persons residing in the immediate vicinity of the premises, or ``(C) is criminal activity (including drug-related criminal activity) on or off the premises, shall be cause for termination of tenancy.''; and (2) in section 683 (42 U.S.C. 13641), by adding at the end the following new paragraph: ``(6) Drug-related criminal activity.--The term `drug- related criminal activity' means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use, of a controlled substance (as defined in section 102 of the Controlled Substances Act).''. SEC. 6. AVAILABILITY OF CRIMINAL RECORDS FOR TENANT SCREENING AND EVICTION. Subtitle C of title VI of the Housing and Community Development Act of 1992 (42 U.S.C. 13601 et seq.) is amended adding after section 645 (as added by section 5(c) of this Act) the following new section: ``SEC. 646. AVAILABILITY OF RECORDS. ``(a) In General.-- ``(1) Provision of information.--Notwithstanding any other provision of law other than paragraph (2), upon the request of an owner of federally assisted housing, the National Crime Information Center, a police department, and any other law enforcement agency shall provide to the owner of federally assisted housing information regarding the criminal conviction records of an adult applicant for, or tenants of, the federally assisted housing for purposes of applicant screening, lease enforcement, and eviction, but only if such Center, department, or agency is presented with a written authorization, signed by such applicant, for the release of such information to such owner. ``(2) Exception.--A law enforcement agency described in paragraph (1) shall provide information under this paragraph relating to any criminal conviction of a juvenile only to the extent that the release of such information is authorized under the law of the applicable State, tribe, or locality. ``(b) Opportunity to Dispute.--Before an adverse action is taken with regard to assistance for federally assisted housing on the basis of a criminal record, the public housing agency or owner, as applicable, shall provide the tenant or applicant with a copy of the criminal record and an opportunity to dispute the accuracy and relevance of that record. ``(c) Fee.--A public housing agency or owner of federally assisted housing may be charged a reasonable fee for information provided under subsection (a). ``(d) Records Management.--Each public housing agency and owner of federally assisted housing that receives criminal record information under this section shall establish and implement a system of records management that ensures that any criminal record received by the agency or owner is-- ``(1) maintained confidentially; ``(2) not misused or improperly disseminated; and ``(3) destroyed, once the purpose for which the record was requested has been accomplished. ``(e) Definition.--For purposes of this section, the term `adult' means a person who is 18 years of age or older, or who has been convicted of a crime as an adult under any Federal, State, or tribal law.''.

One Strike You're Out, Part II Act - Amends the United States Housing Act of 1937 with regard to section 8 housing, and the Housing and Community Development Act of 1992 with regard to federally assisted housing, to authorize denial of occupancy assistance or occupancy to criminal offender-applicants. Amends such Acts to provide for termination of tenancy for criminal activity or activity that threatens the safety or peaceful enjoyment of others. Amends the Housing and Community Development Act of 1992 to make adult (and juvenile if permitted by State, local, or tribal authority) applicant and tenant criminal records available to owners of federally assisted housing under specified circumstances.

One Strike You're Out, Part II Act

SECTION 1. SUSPENSION OF DUTY ON CERTAIN MANUFACTURING EQUIPMENT. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by striking headings 9902.84.81, 9902.98.83, 9902.84.85, 9902.84.87, 9902.84.89, and 9902.84.91, and insert in numerical sequence the following new headings: `` 9902.84.81 Shearing machines Free No change No change On or before 12/ used to cut 31/2005 metallic tissue certified for use in production of radial tires designed for off- the-highway use with a rim measuring 63.5 cm or more in diameter provided for in subheading 4011.20.10 or subheading 4011.61.0000 or subheading 4011.62.0000 or subheading 4011.63.0000 or subheading 4011.69.0000 or subheading 4011.92.0000 or subheading 4011.93.4000 or subheading 4011.94.4000 or subheading 4011.99.4500, numerically controlled, or parts thereof (provided for in subheading 8462.31.00 or subheading 8466.94.85)...... 9902.84.83 Machine tools for Free No change No change On or before 12/ working wire of 31/2005 iron or steel certified for use in production of radial tires, designed for off- the-highway use, and for use on a rim measuring 63.5 cm or more in diameter provided for in subheading 4011.20.10 or subheading 4011.61.0000 or subheading 4011.62.0000 or subheading 4011.63.0000 or subheading 4011.69.0000 or subheading 4011.92.0000 or subheading 4011.93.4000 or subheading 4011.94.4000 or subheading 4011.99.4500, numerically controlled, or parts thereof (provided for in subheading 8463.00)......... 9902.84.85 Extruders to be Free No change No change On or before 12/ used in 31/2005 production or radial tires designed for off- the-highway use with a rim measuring 63.5 cm or more in diameter provided for in subheading 4011.20.10 or subheading 4011.61.0000 or subheading 4011.62.0000 or subheading 4011.63.0000 or subheading 4011.69.0000 or subheading 4011.92.0000 or subheading 4011.93.4000 or subheading 4011.94.4000 or subheading 4011.99.4500, numerically controlled, or parts thereof (provided for in subheading 8477.20.00 or subheading 8477.90.85)...... 9902.84.87 Machinery for Free No change No change On or before 12/ molding, 31/2005 retreading, or otherwise forming uncured, unvulcanized rubber to be used in production of radial tires designed for off- the-highway use, with measuring 63.5 cm or more in diameter provided for in subheading 4011.20.10 or subheading 4011.61.0000 or subheading 4011.62.0000 or subheading 4011.63.0000 or subheading 4011.69.0000 or subheading 4011.92.0000 or subheading 4011.93.4000 or subheading 4011.94.4000 or subheading 4011.99.4500, numerically controlled, or parts thereof (provided for in subheading 8477.51.00 or subheading 8477.90.85)...... 9902.84.89 Sector mold press Free No change No change On or before 12/ machines to be 31/2005 used in production of radial tires designed for off- the-highway use with a rim measuring 63.5 cm or more in diameter provided for in subheading 4011.20.10 or subheading 4011.61.0000 or subheading 4011.62.0000 or subheading 4011.63.0000 or subheading 4011.69.0000 or subheading 4011.92.0000 or subheading 4011.93.4000 or subheading 4011.94.4000 or subheading 4011.99.4500, numerically controlled, or parts thereof (provided for in subheading 8477.51.00 or subheading 7477.90.85)...... 9902.84.91 Sawing machines Free No change No change On or before 12/ certified for use 31/2005 '' in production of . radial tires designed for off- the-highway use with a rim measuring 63.5 cm or more in diameter provided for in subheading 4011.20.10 or subheading 4011.61.0000 or subheading 4011.62.0000 or subheading 4011.63.0000 or subheading 4011.69.0000 or subheading 4011.92.0000 or subheading 4011.93.4000 or subheading 4011.94.4000 or subheading 4011.99.4500, numerically controlled, or parts thereof (provided for in subheading 8465.91.00 or subheading 8466.92.50)...... (b) Effective Date.--The amendments made by subsection (a) apply to goods entered, or withdrawn from warehouse for consumption, on and after the date that is 15 days after the date of enactment of this Act.

Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2005, the duty on certain tire manufacturing equipment.

A bill to amend the Harmonized Tariff Schedule of the United States to provide for duty free treatment on certain manufacturing equipment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Name Matching for Enforcement and Security Act of 2001''. SEC. 2. INTEROPERABLE LAW ENFORCEMENT AND INTELLIGENCE DATA SYSTEM WITH NAME MATCHING CAPACITY AND TRAINING. (a) Unified Electronic Data System.--Not later than 18 months after the date of enactment of this Act, the Secretary of State, the Attorney General, the Secretary of the Treasury, the Commissioner of Immigration and Naturalization, and the Director of Central Intelligence shall develop and implement a unified electronic data system to provide current and immediate access to information in databases of United States law enforcement agencies and the intelligence community that is relevant to determine whether to issue a visa or to determine the admissibility of an alien to the United States. (b) Name Search Capacity and Support.-- (1) In general.--The unified electronic data system required by subsection (a) shall-- (A) have the capacity to match names even when those names are entered and stored in different fields within the different databases referred to in subsection (a); (B) be searchable on a linguistically sensitive basis; (C) provide adequate user support; (D) be developed in consultation with private sector firms; (E) to the extent practicable, utilize commercially available platforms; and (F) be adjusted and improved, based upon experience with the databases and improvements in the underlying technologies and sciences, on a continuing basis. (2) Linguistically sensitive searches.-- (A) In general.--To satisfy the requirement of paragraph (1)(B), the unified electronic database shall be searchable based on linguistically sensitive algorithms that-- (i) account for variations in name formats and transliterations, including varied spellings and varied separation or combination of name elements, within a particular language; and (ii) incorporate advanced linguistic, mathematical, statistical, and anthropological research and methods. (B) Languages required.--Linguistically sensitive algorithms shall be developed and implemented for no fewer than 4 languages designated as high priorities by the Secretary of State, the Attorney General, and the Director of Central Intelligence. (3) Adequate user support.--To satisfy the requirement of paragraph (1)(C), the unified electronic data system shall provide-- (A) authoritative, easily accessed information about the nature, structure, and likely gender of names in different languages, including at least those languages specified pursuant to paragraph (2)(B); and (B) a means for communication of questions to experts. (4) Interim reports.--Beginning not later than 6 months after the date of enactment of this Act, and every 6 months thereafter, the Secretary of State, the Attorney General, the Secretary of the Treasury, the Commissioner of Immigration and Naturalization, and the Director of Central Intelligence shall submit a report to the appropriate committees of Congress on their progress in implementing each requirement of this section. (5) Reports by intelligence agencies.-- (A) Current standards.--Not later than 60 days after the date of enactment of this Act, the Director of Central Intelligence shall complete the survey and issue the report previously required by section 309(a) of the Intelligence Authorization Act for Fiscal Year 1998 (50 U.S.C. 403-3 note). (B) Guidelines.--Not later than 120 days after the date of enactment of this Act, the Director of Intelligence shall issue the guidelines and submit the copy of those guidelines previously required by section 309(b) of the Intelligence Authorization Act for Fiscal Year 1998 (50 U.S.C. 403-3 note). (6) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the provisions of this subsection. (c) Consultation Requirement.--In the development and implementation of the data system under this section, the Secretary of State, the Attorney General, the Secretary of the Treasury, the Commissioner of Immigration and Naturalization, and the Director of Central Intelligence shall consult with the Director of the Office of Homeland Security, the Foreign Terrorist Tracking Task Force, United States law enforcement agencies, and the intelligence community. (d) Technology Standard.--The data system developed and implemented under this subsection, shall utilize the technology standard established pursuant to section 403(c) of the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001. (e) Access to Information in Data System.--Subject to subsection (f), information in the data system under this section shall be readily and easily accessible as follows: (1) To any Foreign Service officer responsible for the issuance of visas. (2) To any Federal agent responsible for determining the admissibility of an alien to the United States. (f) Limitation on Access.--The Secretary of State, the Attorney General, and the Director of Central Intelligence shall establish procedures to restrict access to intelligence information in the data system under this section under circumstances in which such information is not to be disclosed directly to Government officials under subsection (e).

Name Matching for Enforcement and Security Act of 2001 - Directs the Secretary of State, the Attorney General, the Secretary of the Treasury, the Commissioner of Immigration and Naturalization, and the Director of Central Intelligence (DCI) to develop and implement a unified electronic data system to provide current and immediate access to information in databases of U.S. law enforcement agencies and the intelligence community that is relevant to determine: (1) whether to issue a visa; or (2) the admissibility of an alien to the United States.Sets forth provisions regarding name search capacity and support and languages required. Requires: (1) such officials to consult with the Director of the Office of Homeland Security, the Foreign Terrorist Tracking Task Force, U.S. law enforcement agencies, and the intelligence community; and (2) the system to utilize the technology standard established pursuant to the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (PATRIOT) Act of 2001.Directs that system information be readily and easily accessible to any: (1) Foreign Service officer responsible for the issuance of visas; and (2) Federal agent responsible for determining the admissibility of an alien to the United States.Requires the Secretary of State, the Attorney General, and the DCI to establish procedures to restrict access to intelligence information in the system under circumstances in which such information is not to be disclosed directly to Government officials.

A bill to develop and implement a unified electronic data system to enhance access to information that is relevant to determine whether to issue a visa or admit an alien to the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Restoration and Revitalization Act of 2004''. SEC. 2. MODIFICATIONS TO RULES FOR DETERMINING THE APPLICABLE PERCENTAGE FOR CERTAIN BUILDINGS ELIGIBLE FOR LOW-INCOME HOUSING CREDIT. (a) In General.--Subparagraph (B) of section 42(b)(2) of the Internal Revenue Code of 1986 (relating to the method of prescribing the applicable percentage) is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting a comma, and by adding at the end the following new clauses: ``(iii) 87.5 percent of the qualified basis of a building described in paragraph (1)(A), if the basis of the building is subject to the basis adjustment for rehabilitation credit property required under section 50(c), and ``(iv) 37.5 percent of the qualified basis of a building described in paragraph (1)(B), if the basis of the building is subject to the basis adjustment for rehabilitation credit property required under section 50(c).''. (b) Effective Date.--The amendments made by this section shall apply to-- (1) housing credit dollar amounts allocated after December 31, 2003, and (2) buildings placed in service after such date to the extent paragraph (1) of section 42(h) of the Internal Revenue Code of 1986 does not apply to any building by reason of paragraph (4) thereof, but only with respect to bonds issued after such date. SEC. 3. MODIFICATION TO BASIS ADJUSTMENT RULE. (a) In General.--Paragraph (3) of subsection 50(c) of the Internal Revenue Code of 1986 (relating to special rules for determining basis) is amended by striking ``energy credit or reforestation credit'' and inserting ``energy credit, reforestation credit, or rehabilitation credit''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 4. INCREASE IN THE REHABILITATION CREDIT FOR CERTAIN SMALLER PROJECTS. (a) In General.--Section 47 of the Internal Revenue Code of 1986 (relating to rehabilitation credit) is amended by adding at the end the following new subsection: ``(e) Special Rule Regarding Certain Smaller Projects.-- ``(1) In general.--In the case of any qualified rehabilitated building or portion thereof-- ``(A) which is placed in service after the date of the enactment of this subsection, and ``(B) which is a smaller project, subsection (a)(2) shall be applied by substituting `40 percent' for `20 percent' with respect to qualified rehabilitation expenditures not over $1,000,000, and `20 percent' with respect to qualified rehabilitation expenditures of over $1,000,000. ``(2) Smaller project defined.--For purposes of this section, the term `smaller project' means any qualified rehabilitated building or portion thereof as to which-- ``(A) the qualified rehabilitation expenditures reported by the taxpayer for purposes of calculating the credit under this section are not over $2,000,000, except that for purposes of making this determination, qualified rehabilitation expenditures attributable to the provisions of subsection (c)(2)(E) shall be disregarded, and ``(B) no credit was allowable under this section during any of the two prior taxable years, provided that this subparagraph shall not apply to any building as to which the election provided for in subsection (d)(5) shall have been made. ``(3) Coordination with subsection (d).--With respect to any building as to which the election provided for in subsection (d)(5) shall have been made, such building shall be deemed a smaller project only if the qualified rehabilitation expenditures reported by the taxpayer for purposes of calculating the credit under this section with respect to the taxable years to which such election shall apply are, in the aggregate, not over $2,000,000.''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 5. USE FOR LODGING NOT TO DISQUALIFY FOR REHABILITATION CREDIT PROPERTY WHICH IS NOT A CERTIFIED HISTORIC STRUCTURE. (a) In General.--Subparagraph (C) of section 50(b)(2) of the Internal Revenue Code of 1986 (relating to property eligible for the investment credit) is amended by striking ``certified historic structure'' and inserting ``qualified rehabilitated building''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 6. DATE BY WHICH BUILDING MUST BE FIRST PLACED IN SERVICE. (a) In General.--Subparagraph (B) of section 47(c)(1) of the Internal Revenue Code of 1986 (relating to the date by which building must be first placed in service) is amended-- (1) by striking ``Building must be first placed in service before 1936'' and inserting ``Date by which building must first be placed in service'', and (2) by striking ``before 1936'' at the end of the subparagraph and inserting ``no less than 50 years prior to the year in which qualified rehabilitation expenditures are taken into account under subsection (b)(1)''. (b) Effective Date.--The amendments made by section shall apply to property placed in service after the date of the enactment of this Act. SEC. 7. MODIFICATIONS REGARDING CERTAIN TAX-EXEMPT USE PROPERTY. (a) In General.--Clause (I) of section 47(c)(2)(B)(v) of the Internal Revenue Code of 1986 (relating to tax-exempt use property) is amended by striking the period at the end and inserting ``(1)(B)(ii)(IV), except that for purposes of this clause, `50 percent' shall be substituted for `35 percent' in applying section 168(h)(1)(B)(iii))''. (b) Effective Date.--The amendments made by section shall apply to property placed in service after the date of the enactment of this Act. SEC. 8. INCREASE IN REHABILITATION CREDIT FOR BUILDINGS IN HIGH COST AREAS. (a) In General.--Paragraph (2) of subsection 47(c) of the Internal Revenue Code of 1986 (relating to the definition of qualified rehabilitation expenditures) is amended by adding at the end the following new subparagraph: ``(E) Increase in credit for buildings in high cost areas.-- ``(i) In general.--In the case of any qualified rehabilitated building located in a qualified census tract or difficult development area which is designated for purposes of this subparagraph, the qualified rehabilitation expenditures for purposes of this section shall be 130 percent of such expenditures determined without regard to this subparagraph. ``(ii) Rules.--For purposes of clause (i), rules similar to the rules of section 42(d)(5)(C) (excluding clause (i) thereof) shall be applied.''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

Community Restoration and Revitalization Act of 2004 - Amends the Internal Revenue Code to: (1) allow an increased rehabilitation tax credit for certain low-income buildings; (2) allow a basis reduction adjustment for property eligible for the credit; (3) increase the credit for certain smaller buildings; (4) allow property eligible for the credit to be used for lodging purposes; (5) modify placed-in-service rules for credit property; (6) modify qualification rules for credit property that is tax-exempt use property; and (7) increase the credit for buildings in high cost areas.

To amend the Internal Revenue Code of 1986 to modify the rehabilitation credit and the low-income housing credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Worker Ownership, Readiness and Knowledge Act'' or the ``WORK Act''. SEC. 2. DEFINITIONS. (a) In this Act: (1) Director.--The term ``Director'' means the Director of Employee Ownership and Participation. (2) Existing program.--The term ``existing program'' means a program, designed to promote employee ownership and employee participation in business decisionmaking, that exists on the date the Director is carrying out a responsibility authorized by this Act. (3) New program.--The term ``new program'' means a program, designed to promote employee ownership and employee participation in business decisionmaking, that does not exist on the date the Director is carrying out a responsibility authorized by this Act. (4) Office.--The term ``Office'' means the Office of Employee Ownership and Participation established under section 3. (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (6) State.--The term ``State'' means any of the 50 States within the United States of America. SEC. 3. OFFICE OF EMPLOYEE OWNERSHIP AND PARTICIPATION. (a) Establishment.--The Secretary shall establish within the Department of Labor an Office of Employee Ownership and Participation to promote employee ownership and employee participation in business decisionmaking. (b) Director.--The Secretary shall appoint a Director of Employee Ownership and Participation to head the Office. (c) Functions.--The functions of the Director are to-- (1) support within the States existing programs designed to promote employee ownership and employee participation in business decisionmaking; and (2) facilitate within the States the formation of new programs designed to promote employee ownership and employee participation in business decisionmaking. (d) Duties.--To carry out the functions enumerated in subsection (c), the Director shall-- (1) support new programs and existing programs by-- (A) making Federal grants authorized under section 5; and (B)(i) acting as a clearinghouse on techniques employed by new programs and existing programs within the States, and disseminating information relating to those techniques to the programs; or (ii) funding projects for information gathering on those techniques, and dissemination of that information to the programs, by groups outside the Office; and (2) facilitate the formation of new programs, in ways that include holding or funding an annual conference of representatives from States with existing programs, representatives from States developing new programs, and representatives from States without existing programs. SEC. 4. PROGRAMS REGARDING EMPLOYEE OWNERSHIP AND PARTICIPATION. (a) Establishment of Program.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program, administered by the Director, to encourage new and existing programs within the States, designed to foster employee ownership and employee participation in business decisionmaking throughout the United States. (b) Purpose of Program.--The purpose of the program established under subsection (a) is to encourage new and existing programs within the States that focus on-- (1) providing education and outreach to inform employees and employers about the possibilities and benefits of employee ownership, business ownership succession planning, and employee participation in business decisionmaking, including providing information about financial education, employee teams, open- book management, and other tools that enable employees to share ideas and information about how their businesses can succeed; (2) providing technical assistance to assist employee efforts to become business owners, to enable employers and employees to explore and assess the feasibility of transferring full or partial ownership to employees, and to encourage employees and employers to start new employee-owned businesses; (3) training employees and employers with respect to methods of employee participation in open-book management, work teams, committees, and other approaches for seeking greater employee input; and (4) training other entities to apply for funding under this section, to establish new programs, and to carry out program activities. (c) Program Details.--The Secretary may include, in the program established under subsection (a), provisions that-- (1) in the case of activities under subsection (b)(1)-- (A) target key groups such as retiring business owners, senior managers, unions, trade associations, community organizations, and economic development organizations; (B) encourage cooperation in the organization of workshops and conferences; and (C) prepare and distribute materials concerning employee ownership and participation, and business ownership succession planning; (2) in the case of activities under subsection (b)(2)-- (A) provide preliminary technical assistance to employee groups, managers, and retiring owners exploring the possibility of employee ownership; (B) provide for the performance of preliminary feasibility assessments; (C) assist in the funding of objective third-party feasibility studies and preliminary business valuations, and in selecting and monitoring professionals qualified to conduct such studies; and (D) provide a data bank to help employees find legal, financial, and technical advice in connection with business ownership; (3) in the case of activities under subsection (b)(3)-- (A) provide for courses on employee participation; and (B) provide for the development and fostering of networks of employee-owned companies to spread the use of successful participation techniques; and (4) in the case of training under subsection (b)(4)-- (A) provide for visits to existing programs by staff from new programs receiving funding under this Act; and (B) provide materials to be used for such training. (d) Regulations.--The Secretary shall promulgate regulations pursuant to this Act that require new and existing programs established or funded under this Act to be-- (1) proactive in encouraging actions and activities that promote employee ownership of, and participation in, businesses; and (2) comprehensive in emphasizing both employee ownership of, and participation in, businesses so as to increase productivity and broaden capital ownership. SEC. 5. GRANTS. (a) In General.--In carrying out the program established under section 4, the Director may make grants for use in connection with new programs and existing programs within a State for any of the following activities: (1) Education and outreach as provided in section 4(b)(1). (2) Technical assistance as provided in section 4(b)(2). (3) Training activities for employees and employers as provided in section 4(b)(3). (4) Activities facilitating cooperation among employee- owned firms. (5) Training as provided in section 4(b)(4) for new programs provided by participants in existing programs dedicated to the objectives of this Act, except that, for each fiscal year, the amount of the grants made for such training shall not exceed 10 percent of the total amount of the grants made under this Act. (b) Amounts and Conditions.--The Director shall determine the amount and any conditions for a grant made under this section. The amount of the grant shall be subject to subsection (f), and shall reflect the capacity of the applicant for the grant. (c) Applications.--Each entity desiring a grant under this section shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may reasonably require. (d) State Applications.--Each State may sponsor and submit an application under subsection (c) on behalf of any local entity consisting of a unit of State or local government, State-supported institution of higher education, or nonprofit organization, meeting the requirements of this Act. (e) Applications by Entities.-- (1) Entity applications.--If a State fails to support or establish a program pursuant to this Act during any fiscal year, the Director shall, in the subsequent fiscal years, allow local entities described in subsection (d) from that State to make applications for grants under subsection (c) on their own initiative. (2) Application screening.--Any State failing to support or establish a program pursuant to this Act during any fiscal year may submit applications under subsection (c) in the subsequent fiscal years but may not screen applications by local entities described in subsection (d) before submitting the applications to the Director. (f) Limitations.--A recipient of a grant made under this section shall not receive, during a fiscal year, in the aggregate, more than the following amounts: (1) For fiscal year 2010, $300,000. (2) For fiscal year 2011, $330,000. (3) For fiscal year 2012, $363,000. (4) For fiscal year 2013, $399,300. (5) For fiscal year 2014, $439,200. (g) Annual Report.--For each year, each recipient of a grant under this section shall submit to the Director a report describing how grant funds allocated pursuant to this section were expended during the 12- month period preceding the date of the submission of the report. SEC. 6. OFFICE REPORTING. Not later than the expiration of the 36-month period following the date of enactment of this Act, the Director shall prepare and submit to Congress a report-- (1) on progress related to employee ownership and participation in businesses in the United States; and (2) containing an analysis of critical costs and benefits of activities carried out under this Act. SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated for the purpose of making grants pursuant to section 5 the following: (1) For fiscal year 2010, $3,500,000. (2) For fiscal year 2011, $5,500,000. (3) For fiscal year 2012, $8,000,000. (4) For fiscal year 2013, $10,500,000. (5) For fiscal year 2014, $13,500,000. (b) Administrative Expenses.--There are authorized to be appropriated for the purpose of funding the Office, for each of fiscal years 2010 through 2014, an amount not in excess of-- (1) $350,000; or (2) 5.0 percent of the maximum amount available under subsection (a) for that fiscal year.

Worker Ownership, Readiness and Knowledge Act or the WORK Act - Directs the Secretary of Labor to establish within the Department of Labor an Office of Employee Ownership and Participation to promote employee ownership and employee participation in business decisionmaking. Requires the Office Director, with federal grants and acting as an information clearinghouse, to: (1) support existing programs in the states designed to promote employee ownership and employee participation in business decisionmaking; and (2) promote the formation of new such programs. Directs the Secretary to establish a program, administered by the Director, which is designed to foster employee ownership and employee participation in business decisionmaking throughout the United States.

A bill to provide State programs to encourage employee ownership and participation in business decisionmaking throughout the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Counterfeit Merchandise Prevention Act''. SEC. 2. EXCHANGE OF INFORMATION RELATED TO TRADE ENFORCEMENT. Section 1905 of title 18, United States Code, is amended-- (1) by striking ``Whoever'' and inserting ``(a) In General.--Whoever''; and (2) by adding at the end the following: ``(b) Provision of Information Relating to Merchandise Presented to Customs.--It shall not be a violation of this section for an officer or employee of U.S. Customs and Border Protection, at the time that merchandise is presented for examination and thereafter, to provide to the owner of a copyright or a registered mark, or to any person who may be injured by a violation of section 1201 of title 17-- ``(1) any information appearing on the merchandise, including its retail packaging, ``(2) a sample of the merchandise and its retail packaging, or ``(3) digital images of the merchandise and its retail packaging, as it was presented to U.S. Customs and Border Protection, without redaction, whether imported into or exported from the United States, or attempted to be exported from the United States, for purposes of determining whether the merchandise or its retail packaging infringes the copyright, bears or consists of a counterfeit mark of the registered mark, or is in violation of section 1201 of title 17, as the case may be. ``(c) Provision of Information Relating to Seized Merchandise.--It shall not be a violation of this section for an officer or employee of U.S. Customs and Border Protection, after seizing merchandise pursuant to a determination that the merchandise is in violation of section 1201 of title 17, to provide, to persons injured by the violation, information with respect to the merchandise, including, but not limited to, the following: ``(1) The date of importation. ``(2) The port of entry. ``(3) The description of the merchandise from the entry. ``(4) The quantity involved. ``(5) The country of origin of the merchandise. ``(6) The name and address of the foreign manufacturer. ``(7) The name and address of the exporter. ``(8) The name and address of the importer. ``(9) Photographic or digital images of the merchandise. ``(d) Definitions.--As used in this section-- ``(1) the term `registered mark' has the meaning given that term in section 45 of the Lanham Act (15 U.S.C. 1127); ``(2) the term `Lanham Act' has the meaning given that term in section 2320(e) of this title; ``(3) the term `counterfeit mark' has the meaning given that term in section 2320(e) of this title; and ``(4) the term `without redaction' means, with respect to merchandise, without removing, revising, or otherwise obscuring any information, codes, marks, numbers, or any other markings that appear on the merchandise or its retail packaging. ``(e) Rule of Construction.--Subsections (b), (c), and (d) apply only with respect to tangible goods presented to U.S. Customs and Border Protection for importation into, or exportation from, the United States.''. SEC. 3. PREVENTION OF IMPORTATION OF MANUFACTURED GOODS BEARING INFRINGING MARKS. (a) In General.--Section 42 of the Lanham Act (15 U.S.C. 1124), is amended-- (1) in the first sentence, by striking ``Except as'' and inserting ``(a) In General.--Except as''; (2) by striking ``of the Treasury'' each place it appears and inserting ``of Homeland Security''; and (3) by adding at the end the following: ``(b) Detention of Critical Merchandise.--With respect to critical merchandise that bears a registered trademark recorded under subsection (a), if U.S. Customs and Border Protection detains the merchandise because the merchandise is suspected of bearing a counterfeit mark, then, upon such detention, the Secretary-- ``(1) shall provide to the owner of the registered trademark any information on the critical merchandise and its packaging and labels, including, without redaction, photographs or digital images of the critical merchandise, packaging, and labels; and ``(2) may, at any time, subject to any applicable bonding and return requirements, provide to the owner of the registered trademark samples of the critical merchandise, without redaction. ``(c) Definitions.--In this section: ``(1) Critical merchandise.-- ``(A) In general.--The term `critical merchandise' includes-- ``(i) aircraft engines, appliances, propellers, and spare parts; ``(ii) children's sleepwear; ``(iii) cosmetics; ``(iv) devices; ``(v) drugs; ``(vi) food; ``(vii) motor vehicle equipment; ``(viii) pesticide chemicals; ``(ix) semiconductors; ``(x) tobacco products; ``(xi) any item on the United States Munitions List established under section 38(a) of the Arms Export Control Act (22 U.S.C. 2778(a)); and ``(xii) any other article of manufacture that the Secretary determines could, if permitted entry into the United States in violation of the laws of the United States pose a danger to the health, safety, or welfare of consumers, or to the national security of the United States. ``(B) Other definitions.--For purposes of subparagraph (A)-- ``(i) the terms `aircraft engine', `appliance', `propeller', and `spare part' have the meanings given those terms in section 40102(a) of title 49, United States Code; ``(ii) the term `children's sleepwear' has the meaning given that term in sections 1615.1 and 1616.2 of title 16, Code of Federal Regulations, or successor regulations; ``(iii) the terms `cosmetic', `device', `drug', `food', `pesticide chemical', and `tobacco product' have the meanings given those terms in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321); ``(iv) the term `motor vehicle equipment' has the meaning given that term in section 30102(a) of title 49, United States Code; and ``(v) the term `semiconductor' means `semiconductor chip product' as defined in section 901 of title 17. ``(2) Secretary.--The term `Secretary' means the Secretary of Homeland Security. ``(3) Without redaction.--The term `without redaction' means, with respect to merchandise, without removing, revising, or otherwise obscuring any information, codes, marks, numbers, or any other markings that appear on the merchandise or its retail packaging. ``(d) Rule of Construction.--This section applies only with respect to tangible goods presented to U.S. Customs and Border Protection for importation into the United States.''. (b) Definition.--In this section, the term ``Lanham Act'' means the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (15 U.S.C. 1051 et seq.). (c) Effective Date.--The amendments made by this section shall take effect upon the expiration of the 60-day period beginning on the date of the enactment of this Act.

Foreign Counterfeit Merchandise Prevention Act - Amends the federal criminal code to provide that it shall not be a violation of the prohibition against a federal employee disclosing trade secrets or other confidential or proprietary information for an officer or employee of U.S. Customs and Border Protection (CBP): (1) at the time that merchandise is presented for examination and thereafter, to provide the owner of a copyright or a registered mark or any person who may be injured by a circumvention of copyright protection systems with any information appearing on the merchandise, including its retail packaging, or a sample or image of such merchandise and its retail packaging, for the purposes of determining whether the merchandise or its packaging infringes the copyright, bears or consists of a counterfeit mark of the registered mark, or is a violation of copyright protection systems; or (2) after seizing merchandise determined to be in violation of copyright protection systems, to provide certain information to persons injured by such violation, including the date of importation, the port of entry, a description of the merchandise, the country of origin of the merchandise, the names and addresses of the foreign manufacturer, the exporter, and the importer, and a photographic or digital image of the merchandise. Applies such exemption only with respect to tangible goods presented to the CBP for importation into, or exportation from, the United States. Amends the Lanham Act to direct the Secretary of Homeland Security (DHS) (the Secretary) to record and transmit to customs officers any contact information, documentation of the locality in which goods were manufactured, and copies of trademark registrations furnished by domestic or eligible foreign manufacturers or traders for the purpose of aiding the enforcement of a prohibition on the importation of goods bearing infringing marks or names. (Currently, such activities are performed by the Secretary of the Treasury.) Requires the Secretary, if the CBP detains critical merchandise bearing a DHS-recorded registered trademark, to provide the trademark owner any information on such critical merchandise and its packaging and labels, including, without redaction, photographs or digital images, packaging, and labels. Permits the Secretary, subject to any bonding and return requirements, to provide the owner samples of the critical merchandise without redaction. Defines "critical merchandise" to include: (1) aircraft engines, appliances, propellers, and spare parts; (2) children's sleepwear, cosmetics, devices, drugs, food, motor vehicle equipment, pesticide chemicals, semiconductors, and tobacco products; (3) items on the U.S. Munitions List established under specified provisions of the Arms Export Control Act; and (4) any other article of manufacture that the Secretary determines could, if permitted entry into the United States in violation of the U.S. laws, pose a danger to the health, safety, or welfare of consumers, or to the national security of the United States. Applies such Lanham Act amendments only with respect to tangible goods presented to the CBP for importation into the United States.

To provide for the exchange of information related to trade enforcement, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Workers' Rights Principles for United States Businesses in China Act''. SEC. 2. STATEMENT OF PRINCIPLES. (a) Purpose.--It is the purpose of this Act to establish principles on workers' rights for United States companies that do business in the People's Republic of China and in Tibet. (b) Principles.--It is the sense of Congress that any United States company doing business in the People's Republic of China or Tibet shall, within its facilities and those of its suppliers in the People's Republic of China or Tibet, do the following: (1) Prohibit the manufacture of goods or products by bonded labor or forced labor within prison camps or as part of reform- through-labor or reeducation-through-labor programs. (2) Provide wages that meet workers' basic needs and provide fair and decent working hours, including at a minimum, adhering to the wage and hour guidelines under the national labor laws and policies of the People's Republic of China. (3) Use production methods that do not negatively affect the occupational safety and health of workers. (4) Prohibit the use of corporal punishment, as well as any physical, sexual, or verbal abuse or harassment, of workers. (5) Refrain from seeking police or military intervention to prevent workers from exercising their rights. (6) Promote the following freedoms among their employees and the employees of their suppliers: freedom of association and assembly (including the right to form unions and to bargain collectively); freedom of expression; and freedom from arbitrary arrest or detention. (7) Prohibit discrimination in hiring, remuneration, or promotion based on age, gender, marital status, pregnancy, ethnicity, or region of origin. (8) Prohibit discrimination in hiring, remuneration, or promotion based on labor, political, or religious activity, on involvement in demonstrations, past records of arrests or internal exile for peaceful protest, or on membership in organizations committed to nonviolent social or political change. (9) Use environmentally responsible methods of production that have minimal adverse impact on land, air, and water quality. (10) Prohibit child labor, including at a minimum, complying with guidelines on minimum age for employment under the national labor laws of the People's Republic of China. (c) Promotion of Principles by Other Nations.--The Secretary of State shall forward a copy of the principles set forth in subsection (b) to each member nation of the Organization for Economic Cooperation and Development and encourage such nation to promote principles similar to such principles. SEC. 3. REGISTRATION REQUIREMENT. (a) Requirement.-- (1) In general.--Each United States company conducting business in the People's Republic of China or Tibet shall register with the Secretary of State and indicate whether such company agrees to implement the principles set forth in section 2(b). (2) Prohibition on fee.--No fee shall be required for purposes of registration under paragraph (1). (b) Effective Date.--Subsection (a) shall take effect 180 days after the date of the enactment of this Act. SEC. 4. REPORTING REQUIREMENTS. (a) Reports by United States Companies.-- (1) In general.--Each United States company conducting business in the People's Republic of China or Tibet shall submit to the Secretary of State a report describing such company's adherence to the principles set forth in section 2(b) during the one-year period ending on the date of such report. (2) Form.--The report shall be submitted on a form furnished by the Secretary. (3) Submittal dates.--A United States company shall submit the report required by paragraph (1) not later than one year after the date on which the company registers under section 3 and annually thereafter. (b) Review of Reports.-- (1) In general.--The Secretary shall review each report submitted under subsection (a) to determine whether the United States company submitting such report is adhering to the principles set forth in section 2(b). (2) Additional information.--The Secretary may request additional information from a United States company for purposes of the review of its report under this subsection, and may use other sources of information to verify the information contained in such report. (c) Annual Report.--Not later than two years after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress and to the Secretariat of the Organization for Economic Cooperation and Development a report assessing the adherence of United States companies subject to the reporting requirement in subsection (a) to the principles set forth in section 2(b). Each report shall cover the one-year period ending on the date of such report. SEC. 5. EXPORT MARKETING SUPPORT. (a) Support.--A department or agency of the United States Government may intercede with a foreign government or foreign national regarding export marketing activity in the People's Republic of China or Tibet on behalf of a United States company subject to the reporting requirement in section 4(a) only if the United States company adheres to the principles set forth in section 2(b). (b) Effective Date.--Subsection (a) shall take effect two years after the date of the enactment of this Act. SEC. 6. ANNUAL PUBLIC HEARING ON ADHERENCE OF UNITED STATES COMPANIES TO PRINCIPLES. (a) In General.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall conduct a public hearing on the adherence of United States companies doing business in the People's Republic of China or Tibet to the principles set forth in section 2(b). (b) Hearing Requirements.--The Secretary shall conduct each hearing under subsection (a) in an appropriate forum and in a manner intended to facilitate widespread public participation in the hearing. SEC. 7. DEFINITIONS. In this Act: (1) Adhere.--The terms ``adhere to'', ``adhering to'', and ``adherence to'', in the case of the principles set forth in section 2(b), mean-- (A) agreeing to implement the principles; (B) implementing the principles by taking good faith measures with respect to each principle; and (C) reporting accurately to the Secretary of State on the measures taken to implement the principles. (2) Intercede with a foreign government or foreign national.-- (A) In general.--The term ``intercede with a foreign government or foreign national'' includes any contact by an officer or employee of the United States with officials of any foreign government or foreign national involving or contemplating any effort to assist in selling a good, service, or technology in the People's Republic of China or Tibet. (B) Exclusion.--The term does not include multilateral or bilateral government-to-government trade negotiations intended to resolve trade issues which may affect United States parent companies which do not adhere to the principles set forth in section 2(b). (3) Organized under the laws of the united states.--The term ``organized under the laws of the United States'' means organized under the laws of the United States, any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States. (4) United states company.--The term ``United States company'' means a corporation, partnership, or other business association organized under the laws of the United States.

Sets forth certain registration and reporting requirements with respect to U.S. companies doing business in China or Tibet.

Workers' Rights Principles for United States Businesses in China Act

That this Act may be cited as the ``Line-Item Rescission Act of 1993''. SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS. (a) In General.--Part B of title X of the Congressional Budget and Impoundment Control Act of 1974 is amended by redesignating sections 1013 through 1017 as sections 1014 through 1018, respectively, and inserting after section 1012 the following new section: ``expedited consideration of certain proposed rescissions ``Sec. 1013. (a) Transmittal of Special Message.--The President may, on the same calendar day the President approves any appropriation bill, transmit to both Houses of the Congress, for consideration in accordance with this section, one or more special messages proposing to rescind all or part of any item of budget authority provided in the appropriation bill. ``(b) Contents of Special Message.-- ``(1) No special message may be considered in accordance with this section if the special message proposes to rescind more than one item of budget authority. ``(2) Each special message transmitted under subsection (a) shall specify, with respect to the item of budget authority (or part thereof) proposed by the message to be rescinded, the matters referred to in paragraphs (1) through (5) of section 1012(a). ``(3) Each special message transmitted under subsection (a) shall be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded. ``(c) Procedures.-- ``(1)(A) On the day on which a special message proposing to rescind an item of budget authority is transmitted to the House of Representatives and the Senate under subsection (a), the draft bill or joint resolution accompanying such special message shall be introduced (by request) by the majority leader of the House of the Congress in which the appropriation Act providing the budget authority originated. If such House is not in session on the day on which a special message is transmitted, the draft bill or joint resolution shall be introduced in such House, as provided in the preceding sentence, on the first day thereafter on which such House is in session. ``(B) A draft bill or joint resolution introduced in the House of Representatives or the Senate pursuant to subparagraph (A) shall be referred to the Committee on Appropriations of such House. The committee shall report the bill or joint resolution without substantive revision (and with or without recommendation) not later than 20 calendar days of continuous session of the Congress after the date on which the bill or joint resolution is introduced. A committee failing to report a bill or joint resolution within the 20-day period referred to in the preceding sentence shall be automatically discharged from consideration of the bill or joint resolution, and the bill or joint resolution shall be placed on the appropriate calendar. ``(C) A vote on final passage of a bill or joint resolution introduced in a House of the Congress pursuant to subparagraph (A) shall be taken on or before the close of the 30th calendar day of continuous session of the Congress after the date of the introduction of the bill or joint resolution in such House. If the bill or joint resolution is agreed to, the Clerk of the House of Representatives (in the case of a bill or joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a bill or joint resolution agreed to in the Senate) shall cause the bill or joint resolution to be engrossed, certified, and transmitted to the other House of the Congress on the same calendar day on which the bill or joint resolution is agreed to. ``(2)(A) A bill or joint resolution transmitted to the House of Representatives or the Senate pursuant to subparagraph (C) of paragraph (1) shall be referred to the Committee on Appropriations of such House. The committee shall report the bill or joint resolution without substantive revision (and with or without recommendation) not later than 20 calendar days of continuous session of the Congress after the bill or joint resolution is transmitted to such House. A committee failing to report the bill or joint resolution within the 20-day period referred to in the preceding sentence shall be automatically discharged from consideration of the bill or joint resolution, and the bill or joint resolution shall be placed upon the appropriate calendar. ``(B) A vote on final passage of a bill or joint resolution transmitted to a House of the Congress pursuant to subparagraph (C) of paragraph (1) shall be taken on or before the close of the 30th calendar day of continuous session of the Congress after the date on which the bill or joint resolution is transmitted to such House. If the bill or joint resolution is agreed to in such House, the Clerk of the House of Representatives (in the case of a bill or joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a bill or joint resolution agreed to in the Senate) shall cause the engrossed bill or joint resolution to be returned to the House in which the bill or joint resolution originated, together with a statement of the action taken by the House acting under this paragraph. ``(3)(A) A motion in the House of Representatives to proceed to the consideration of a bill or joint resolution under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the House of Representatives on a bill or joint resolution under this section shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the bill or joint resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill or joint resolution under this section or to move to reconsider the vote by which the bill or joint resolution is agreed to or disagreed to. ``(C) Motions to postpone, made in the House of Representatives with respect to the consideration of a bill or joint resolution under this section, and motions to proceed to the consideration of other business, shall be decided without debate. ``(D) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill or joint resolution under this section shall be decided without debate. ``(E) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a bill or joint resolution under this section shall be governed by the Rules of the House of Representatives applicable to other bills and joint resolutions in similar circumstances. ``(4)(A) A motion in the Senate to proceed to the consideration of a bill or joint resolution under this section shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the Senate on a bill or joint resolution under this section, and all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(C) Debate in the Senate on any debatable motion or appeal in connection with a bill or joint resolution under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill or joint resolution, except that in the event the manager of the bill or joint resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a bill or joint resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(D) A motion in the Senate to further limit debate on a bill or joint resolution under this section is not debatable. A motion to recommit a bill or joint resolution under this section is not in order. ``(d) Amendments Prohibited.--No amendment to a bill or joint resolution considered under this section shall be in order in either the House of Representatives or the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House for the Presiding Officer to entertain a request to suspend the application of this subsection by unanimous consent. ``(e) Requirement to Make Available for Obligation.--Any item of budget authority proposed to be rescinded in a special message transmitted to the Congress in accordance with subsection (a) shall be made available for obligation unless, not more than 60 days after the transmittal of the special message, both Houses of the Congress have agreed to the bill or joint resolution accompanying such special message. ``(f) Definitions.--For purposes of this section, the term-- ``(1) `item' means any numerically expressed amount of budget authority set forth in an appropriation bill; ``(2) `appropriation bill' means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations; and ``(3) `appropriation Act' means any appropriation bill that has been approved by the President and become law.''. (b) Conforming Amendments.-- (1) Section 1011(5) of the Congressional Budget and Impoundment Control Act of 1974 is amended-- (A) by striking out ``1012, and'' and inserting in lieu thereof ``1012, the 20-day periods referred to in paragraphs (1)(B) and (2)(A) of section 1013(c), the 60-day period referred to in section 1013(e) and''; (B) by striking out ``1012 during'' and inserting in lieu thereof ``1012 or 1013 during''; (C) by striking out ``of 45'' and inserting in lieu thereof ``of the applicable number of''; and (D) by striking out ``45-day period referred to in paragraph (3) of this section and in section 1012'' and inserting in lieu thereof ``period or periods of time applicable under such section''. (2)(A) Section 1011 of such Act is further amended-- (i) in paragraph (4) by striking out ``1013'' and inserting in lieu thereof ``1014''; and (ii) in paragraph (5)-- (I) by striking out ``1016'' and inserting in lieu thereof ``1017''; and (II) by striking out ``1017(b)(1)'' and inserting in lieu thereof ``1018(b)(1)''. (B) Section 1012 of such Act is amended-- (i) by striking out ``1012 or 1013'' each place it appears and inserting in lieu thereof ``1012, 1013, or 1014''; (ii) in subsection (b)(1) by striking out ``1012'' and inserting in lieu thereof ``1012 or 1013''; (iii) in subsection (b)(2) by striking out ``1013'' and inserting in lieu thereof ``1014''; and (iv) in subsection (e)(2)-- (I) by striking out ``and'' at the end of subparagraph (A), (II) by redesignating subparagraph (B) as subparagraph (C), (III) by striking out ``1013'' in subparagraph (C) (as so redesignated), and (IV) by inserting after subparagraph (A) the following new subparagraph: ``(B) he has transmitted a special message under section 1013 with respect to a proposed rescission; and''. (C) Section 1015 of such Act is amended by striking out ``1012 or 1013'' each place it appears and inserting in lieu thereof ``1012, 1013, or 1014''. (D) Section 1016 of such Act is amended by striking out ``or 1013(b)'' and inserting in lieu thereof ``, 1013(e), or 1014(b)''. (E) Section 1012(b) of such Act is amended by adding at the end thereof the following new sentence: ``The preceding sentence shall not apply to any item of budget authority proposed by the President to be rescinded under this section that the President has also proposed to rescind under section 1013 and with respect to which the 60-day period referred to in subsection (e) of such section has not expired.''. (3) The table of sections for subpart B of title X of the Congressional Budget and Impoundment Control Act of 1974 is amended-- (A) by redesignating the items relating to sections 1013 through 1017 as items relating to sections 1014 through 1018; and (B) by inserting after the item relating to section 1012 the following new item: ``Sec. 1013. Expedited consideration of certain proposed rescissions.''. SEC. 3. APPLICATION. The amendments made by this section shall apply to items of budget authority (as defined in subsection (f)(1) of section 1013 of the Congressional Budget and Impoundment Control Act of 1974, as added by section 2 of this Act) provided by appropriation Acts (as defined in subsection (f)(3) of such section) that become law after the date of the enactment of this Act.

Line-Item Rescission Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to allow the President to transmit to both Houses of the Congress, for expedited consideration, one or more special messages proposing to rescind all or part of any item of budget authority provided in an appropriation bill. Requires that such special message be transmitted on the same calendar day the President approves the appropriation bill and be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded. Sets forth House and Senate procedures for the expedited consideration of such a proposal. Requires the item of budget authority proposed to be rescinded to be made available for obligation unless both Houses adopt the bill rescinding such item within 60 days.

Line-Item Rescission Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``GI Bill Processing Improvement Act of 2015''. SEC. 2. IMPROVEMENT OF INFORMATION TECHNOLOGY OF THE VETERANS BENEFITS ADMINISTRATION OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Processing of Certain Educational Assistance Claims.--The Secretary of Veterans Affairs shall, to the maximum extent possible, make such changes and improvements to the information technology system of the Veterans Benefits Administration of the Department of Veterans Affairs to ensure that-- (1) to the maximum extent possible, all original and supplemental claims for educational assistance under chapter 33 of title 38, United States Code, are adjudicated electronically; and (2) rules-based processing is used to make decisions with respect to such claims with little human intervention. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the changes made pursuant to the requirements of subsection (a). (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Veterans Affairs $30,000,000 to carry out this section during fiscal years 2015 and 2016. SEC. 3. APPROVAL OF COURSES OF EDUCATION PROVIDED BY PUBLIC INSTITUTIONS OF HIGHER LEARNING FOR PURPOSES OF ALL- VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM AND POST- 9/11 EDUCATIONAL ASSISTANCE CONDITIONAL ON IN-STATE TUITION RATE FOR VETERANS. (a) Extension of Effective Date.--Section 702(b) of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146) is amended by striking ``July 1, 2015'' and inserting ``July 1, 2016''. (b) Technical Amendment.--Section 3679(c)(2)(B) of title 38, United States Code, is amended by striking ``or 3319'' and all that follows and inserting ``of this title or to whom educational assistance is transferred under section 3319 of this title''. SEC. 4. RECODIFICATION AND IMPROVEMENT OF ELECTION PROCESS FOR POST-9/ 11 EDUCATIONAL ASSISTANCE PROGRAM. (a) In General.--Subchapter III of chapter 33 is amended by adding at the end the following new section: ``Sec. 3326. Election to receive educational assistance ``(a) Individuals Eligible To Elect Participation in Post-9/11 Educational Assistance.--An individual may elect to receive educational assistance under this chapter if such individual-- ``(1) as of August 1, 2009-- ``(A) is entitled to basic educational assistance under chapter 30 of the title and has used, but retains unused, entitlement under that chapter; ``(B) is entitled to educational assistance under chapter 107, 1606, or 1607 of title 10 and has used, but retains unused, entitlement under the applicable chapter; ``(C) is entitled to basic educational assistance under chapter 30 of this title but has not used any entitlement under that chapter; ``(D) is entitled to educational assistance under chapter 107, 1606, or 1607 of title 10 but has not used any entitlement under such chapter; ``(E) is a member of the Armed Forces who is eligible for receipt of basic educational assistance under chapter 30 this title and is making contributions toward such assistance under section 3011(b) or 3012(c) of this title; or ``(F) is a member of the Armed Forces who is not entitled to basic educational assistance under chapter 30 of this title by reason of an election under section 3011(c)(1) or 3012(d)(1) of this title; and ``(2) as of the date of the individual's election under this paragraph, meets the requirements for entitlement to educational assistance under this chapter. ``(b) Cessation of Contributions Toward GI Bill.--Effective as of the first month beginning on or after the date of an election under subsection (a) of an individual described by paragraph (1)(E) of that subsection, the obligation of the individual to make contributions under section 3011(b) or 3012(c) of this title, as applicable, shall cease, and the requirements of such section shall be deemed to be no longer applicable to the individual. ``(c) Revocation of Remaining Transferred Entitlement.-- ``(1) Election to revoke.--If, on the date an individual described in paragraph (1)(A) or (1)(C) of subsection (a) makes an election under that subsection, a transfer of the entitlement of the individual to basic educational assistance under section 3020 of this title is in effect and a number of months of the entitlement so transferred remain unutilized, the individual may elect to revoke all or a portion of the entitlement so transferred that remains unutilized. ``(2) Availability of revoked entitlement.--Any entitlement revoked by an individual under this paragraph shall no longer be available to the dependent to whom transferred, but shall be available to the individual instead for educational assistance under chapter 33 of this title in accordance with the provisions of this section. ``(3) Availability of unrevoked entitlement.--Any entitlement described in paragraph (1) that is not revoked by an individual in accordance with that paragraph shall remain available to the dependent or dependents concerned in accordance with the current transfer of such entitlement under section 3020 of this title. ``(d) Post-9/11 Educational Assistance.-- ``(1) In general.--Subject to paragraph (2) and except as provided in subsection (e), an individual making an election under subsection (a) shall be entitled to educational assistance under this chapter in accordance with the provisions of this chapter, instead of basic educational assistance under chapter 30 this title, or educational assistance under chapter 107, 1606, or 1607 of title 10, as applicable. ``(2) Limitation on entitlement for certain individuals.-- In the case of an individual making an election under subsection (a) who is described by paragraph (1)(A) of that subsection, the number of months of entitlement of the individual to educational assistance under this chapter 33 shall be the number of months equal to-- ``(A) the number of months of unused entitlement of the individual under chapter 30 of this title, as of the date of the election, plus ``(B) the number of months, if any, of entitlement revoked by the individual under subsection (c)(1). ``(e) Continuing Entitlement to Educational Assistance Not Available Under 9/11 Assistance Program.-- ``(1) In general.--In the event educational assistance to which an individual making an election under subsection (a) would be entitled under chapter 30 of this title, or chapter 107, 1606, or 1607 of title 10, as applicable, is not authorized to be available to the individual under the provisions of this chapter the individual shall remain entitled to such educational assistance in accordance with the provisions of the applicable chapter. ``(2) Charge for use of entitlement.--The utilization by an individual of entitlement under paragraph (1) shall be chargeable against the entitlement of the individual to educational assistance under this chapter at the rate of one month of entitlement under this chapter for each month of entitlement utilized by the individual under paragraph (1) (as determined as if such entitlement were utilized under the provisions of chapter 30 of this title, or chapter 107, 1606, or 1607 of title 10, as applicable). ``(f) Additional Post-9/11 Assistance for Members Having Made Contributions Toward GI Bill.-- ``(1) Additional assistance.--In the case of an individual making an election under subsection (a) who is described by subparagraph (A), (C), or (E) of paragraph (1) of that subsection, the amount of educational assistance payable to the individual under this chapter 33 as a monthly stipend payable under paragraph (1)(B) of section 3313(c) of this title, or under paragraphs (2) through (7) of that section (as applicable), shall be the amount otherwise payable as a monthly stipend under the applicable paragraph increased by the amount equal to-- ``(A) the total amount of contributions toward basic educational assistance made by the individual under section 3011(b) or 3012(c) of this title, as of the date of the election, multiplied by ``(B) the fraction-- ``(i) the numerator of which is-- ``(I) the number of months of entitlement to basic educational assistance under chapter 30 of this title remaining to the individual at the time of the election; plus ``(II) the number of months, if any, of entitlement under such chapter 30 revoked by the individual under subsection (c)(1); and ``(ii) the denominator of which is 36 months. ``(2) Months of remaining entitlement for certain individuals.--In the case of an individual covered by paragraph (1) who is described by subsection (a)(1)(E), the number of months of entitlement to basic educational assistance remaining to the individual for purposes of paragraph (1)(B)(i)(II) shall be 36 months. ``(3) Timing of payment.--The amount payable with respect to an individual under paragraph (1) shall be paid to the individual together with the last payment of the monthly stipend payable to the individual under paragraph (1)(B) of section 3313(c) of this title, or under subsections (b) through (g) of that section (as applicable), before the exhaustion of the individual's entitlement to educational assistance under this chapter. ``(g) Continuing Entitlement to Additional Assistance for Critical Skills or Speciality and Additional Service.--An individual making an election under subsection (a)(1) who, at the time of the election, is entitled to increased educational assistance under section 3015(d) of this title, or section 16131(i) of title 10, or supplemental educational assistance under subchapter III of chapter 30 of this title, shall remain entitled to such increased educational assistance or supplemental educational assistance in the utilization of entitlement to educational assistance under this chapter, in an amount equal to the quarter, semester, or term, as applicable, equivalent of the monthly amount of such increased educational assistance or supplemental educational assistance payable with respect to the individual at the time of the election. ``(h) Alternative Election by Secretary.-- ``(1) In general.--In the case of an individual who, on or after January 1, 2016, submits to the Secretary an election under this section that the Secretary determines is clearly against the interests of the individual, the Secretary may make an alternative election on behalf of the individual that the Secretary determines is in the best interests of the individual. ``(2) Notice.--If the Secretary makes an election on behalf of an individual under this subsection, the Secretary shall notify the individual by not later than seven days after making such election and shall provide the individual with a 30-day period, beginning on the date of the individual's receipt of such notice, during which the individual may modify or revoke the election made by the Secretary on the individual's behalf. The Secretary shall include, as part of such notice, a clear statement of why the alternative election made by the Secretary is in the best interests of the individual as compared to the election submitted by the individual. The Secretary shall provide the notice required under this paragraph by electronic means whenever possible. ``(i) Irrevocability of Elections.--An election under subsection (a) or (c)(1) is irrevocable.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``3326. Election to receive educational assistance.''. (c) Conforming Repeal.--Subsection (c) of section 5003 of the Post- 9/11 Veterans Educational Assistance Act of 2008 (Public Law 110-252; 38 U.S.C. 3301 note) is hereby repealed. SEC. 5. CENTRALIZED REPORTING OF VETERAN ENROLLMENT BY CERTAIN GROUPS, DISTRICTS, AND CONSORTIUMS OF EDUCATIONAL INSTITUTIONS. (a) In General.--Section 3684(a) of title 38, United States Code, is amended-- (1) in paragraph (1), by inserting ``32, 33,'' after ``31,''; and (2) by adding at the end the following new paragraph: ``(4) For purposes of this subsection, the term `educational institution' may include a group, district, or consortium of separately accredited educational institutions located in the same State that are organized in a manner that facilitates the centralized reporting of the enrollments in such group, district, or consortium of institutions.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to reports submitted on or after the date of the enactment of this Act. SEC. 6. PROVISION OF INFORMATION REGARDING VETERAN ENTITLEMENT TO EDUCATIONAL ASSISTANCE. (a) In General.--Subchapter II of chapter 36 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 3699. Provision of certain information to educational institutions ``For each veteran or other individual pursuing a course of education that has been approved under this chapter using educational assistance to which the veteran or other individual is entitled under chapter 30, 32, 33, or 35 of this title, the Secretary shall make available to the educational institution offering the course information about the amount of such educational assistance to which the veteran or other individual is entitled. Such information shall be provided to such educational institution through an Internet website and shall be regularly updated to reflect any amounts used by the veteran or other individual.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3698 the following new item: ``3699. Provision of certain information to educational institutions.''.

GI Bill Processing Improvement Act of 2015 Directs the Secretary of Veterans Affairs (VA) to alter the information technology system of the Veterans Benefits Administration to ensure that: (1) all claims for post-9/11 educational assistance are electronically adjudicated, to the maximum extent possible; and (2) rule-based processing is used to decide such claims with little human intervention. Changes from July 1, 2015, to July 1, 2016, the effective date of the requirement that the Secretary disapprove, for purposes of the All-Volunteer Force and the Post-9/11 Educational Assistance programs, courses of education provided by a public educational institution of higher education that charges veterans living in the state higher tuition and fees than it charges in-state residents, regardless of the veterans' state of residence. Allows individuals to elect to convert their educational assistance to the post-9/11 veterans' educational assistance program if, as of August 1, 2009, they meet specified conditions with respect to their entitlements and elections under the all-volunteer force educational assistance program or certain other educational programs for professional military, selected reserve, or reserve component members. Conditions such post-9/11 program eligibility on the individual meeting the requirements for the post-9/11 program as of the date of election. Sets forth transitional rules with respect to the transfer or revocation of entitlements from a previous assistance program after an election to convert to the post-9/11 program. Requires certain assistance to remain available to individuals under their previous program if it is not available under the post-9/11 program. Authorizes the Secretary, if an individual submits an election that the Secretary determines is against the interests of the individual, to make an alternative election on the individual's behalf. Allows such individual, during a specified period, to modify or revoke the Secretary's alternative selection. Requires individuals and educational institutions participating in the post-Vietnam era and post-9/11 veterans' educational assistance programs, in addition to those participating in the VA's other educational assistance programs, to report to the Secretary such enrollment and any updates on interruption or termination of the education (thereby making the enrollment reporting requirements for the post-Vietnam and post-9/11 programs consistent with other veterans' educational programs). Defines "educational institution" to permit the inclusion of groups, districts, or consortiums of separately accredited educational institutions in the same state that are organized in a manner facilitating the centralized reporting of enrollments. Directs the Secretary to make available to educational institutions, through an Internet website, information on the amount of educational assistance to which their students are entitled under the all-volunteer force, post-Vietnam era, post-9/11, and survivors' and dependents' educational assistance programs.

GI Bill Processing Improvement Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Comprehensive Hepatitis C Health Care Act''. SEC. 2. COMPREHENSIVE HEPATITIS C HEALTH CARE TESTING AND TREATMENT PROGRAM FOR VETERANS. (a) In General.--(1) Chapter 17 of title 38, United States Code, is amended by inserting after section 1720E the following new section: ``Sec. 1720F. Hepatitis C testing and treatment ``(a)(1) During the first year after the date of the enactment of this section, the Secretary shall provide a blood test for the Hepatitis C virus to-- ``(A) each veteran who served in the active military, naval, or air service during the Vietnam era and is enrolled to receive care under section 1710 of this title who requests the test or is otherwise receiving a physical examination or any care or treatment from the Secretary; and ``(B) to any other veteran who requests the test. ``(2) After the end of the one-year period referred to in paragraph (1), the Secretary shall provide a blood test for the Hepatitis C virus to any veteran who presents one or more risk factors for that virus and who requests the test. ``(b) In the case of any veteran who tests positive for the Hepatitis C virus, the Secretary shall provide an appropriate treatment protocol for that veteran. Treatment shall be provided under this subsection without regard to whether the Hepatitis C virus is determined to be service-connected and without regard to priority group categorization of the veteran. No copayment may be charged for treatment under this subsection. ``(c) In the case of any veteran who tests positive for the Hepatitis C virus, the Secretary shall, upon request, perform a liver biopsy on the veteran as a follow-up test. ``(d) In the case of any veteran who tests positive for the Hepatitis C virus, the Secretary shall, upon request, provide a Hepatitis C virus genotype test before beginning treatment of the veteran under subsection (b). ``(e)(1) The Secretary shall require that each Department medical center employ at least one full-time gastroenterologist or hepatologist to conduct tests for the Hepatitis C virus under this section. ``(2) The Secretary shall, to the extent practicable, ensure that each Department medical center has at least one staff member assigned to work, in coordination with Hepatitis C medical personnel, to coordinate treatment options for Hepatitis C patients and provide information for those patients. Such a staff member should preferably be trained in psychology or psychiatry or be a social worker. ``(3) In order to improve treatment provided to veterans with the Hepatitis C virus, the Secretary shall provide increased training options to Department health care personnel.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1720E the following new item: ``1720F. Hepatitis C testing and treatment.''. SEC. 3. FUNDING FOR HEPATITIS C PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Program Account.--Beginning with fiscal year 2001, amounts appropriated for the Department of Veterans Affairs for Hepatitis C detection and treatment shall be provided, within the ``Medical Care'' account, through the ``Specific Purpose'' subaccount, rather than the ``VERA'' subaccount. (b) Allocation of Funds to VISNs.--In allocating funds appropriated for the Department of Veterans Affairs for the ``Medical Care'' account to the Veterans Integrated Service Networks, the Secretary of Veterans Affairs shall allocate funds for detection and treatment of the Hepatitis C virus based upon incidence rates of that virus among veterans (rather than based upon the overall population of veterans) in each such network. (c) Limitation on Use of Funds.--Amounts appropriated for the Department of Veterans Affairs for Hepatitis C detection and treatment through the ``Specific Purpose'' subaccount may not be used for any other purpose. SEC. 4. NATIONAL POLICY. (a) Standardized Nationwide Policy.--The Secretary of Veterans Affairs shall develop and implement a standardized policy to be applied throughout the Department of Veterans Affairs health care system with respect to the Hepatitis C virus. The policy shall include the testing protocol for the Hepatitis C virus, treatment options, education and notification efforts, and establishment of a specific Hepatitis C diagnosis code for measurement and treatment purposes. (b) Outreach.--The Secretary shall, on an annual basis, take appropriate actions to notify veterans who have not been tested for the Hepatitis C virus of the need for such testing and the availability of such testing from the Department of Veterans Affairs. SEC. 5. HEPATITIS C CENTERS OF EXCELLENCE. (a) Establishment.--The Secretary of Veterans Affairs shall establish at least one, and not more than three, Hepatitis C centers of excellence. Each such center shall be established at a Department of Veterans Affairs medical center in one of the five geographic service areas (known as a Veterans Integrated Service Network) with the highest case rate of Hepatitis C in fiscal year 1999. (b) Funding.--Funding for the centers established under subsection (a) shall be provided from amounts available to the Central Office of the Department of Veterans Affairs and shall be in addition to amounts allocated for Hepatitis C pursuant to section 3.

Provides funding for Department Hepatitis C detection and treatment programs, beginning with FY 2001. Directs the Secretary to: (1) develop and implement a standardized Department policy with respect to such virus; and (2) annually take appropriate outreach actions to notify untested veterans. Directs the Secretary to establish at least one and no more than three Hepatitis C centers of excellence within the Department health care network. Provides centers' funding.

Veterans Comprehensive Hepatitis C Health Care Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Academic Anesthesiology and CRNA Payment Improvement Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) Since 1991, the Medicare program has reduced reimbursements for anesthesia services provided to Medicare beneficiaries by 50 percent in certain instances when education of student nurse anesthetists or anesthesiology medical residents is involved, imposing financial disincentives against anesthesia education. These Medicare payment policies are known as anesthesia teaching rules. (2) In 2002, the Centers for Medicare & Medicaid Services (CMS) authorized an alternative payment system for certain cases involving nurse anesthesia education and subsequently for anesthesiology resident education, in which the agency allowed reimbursement for base units plus discontinuous time. However, the alternative has not propagated in the marketplace and CMS has declined to reform the anesthesia teaching rules further without an Act of Congress. (3) To ensure the access of patients to safe, high quality anesthesia care, society has a strong interest in providing for high quality anesthesia educational institutions. The population of the United States is aging, resulting in an increase in demand for health care requiring anesthesia and pain management services provided by anesthesiologists and certified registered nurse anesthetists (CRNAs). (4) Though the Institute of Medicine in 2000 found the provision of anesthesia in such year to be 50 times safer than the provision of anesthesia during the 20 years previous to such year, continued evaluation, innovation, and quality improvements in anesthesia are required to further enhance patient safety. (5) As of August 2006, there are 130 anesthesiology residency programs and 102 programs accredited by the Council on Accreditation of Nurse Anesthesia Educational Programs in the United States. Under the current payment rules under the Medicare program, both anesthesiology residency and nurse anesthesia educational programs report challenges recruiting and retaining faculty. (6) Since part B under the Medicare program provides for reimbursement for the services of anesthesiologists and the services of CRNAs, reforms to the anesthesia teaching rules under the Medicare program should treat teaching anesthesiologists and teaching CRNAs similarly with respect to anesthesiology medical residents and student registered nurse anesthetists, respectively, and should not favor one provider over another. SEC. 3. PURPOSE. The purpose of this Act is to ensure financial stability of nurse anesthesia and anesthesiology educational programs to provide sufficient opportunities for student nurse anesthetists and medical residents to pursue the specialty of anesthesia so that patients continue to have access to quality health care. SEC. 4. SPECIAL PAYMENT RULE FOR TEACHING ANESTHESIOLOGISTS AND TEACHING CERTIFIED REGISTERED NURSE ANESTHETISTS. (a) For Physicians' Services.--Section 1848(a) of the Social Security Act (42 U.S.C. 1395w-4(a)) is amended-- (1) in paragraph (4)(A), by inserting ``except as provided in paragraph (5)(A)'' after ``anesthesia cases,''; and (2) by adding at the end of paragraph (4) the following new paragraph: ``(5) Special rule for teaching anesthesiologists.-- ``(A) In general.--With respect to physicians' services furnished by a teaching anesthesiologist involved in the training of physician residents or student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases, notwithstanding paragraph (4), the fee schedule amount to be applied for each such case shall be the amount described in subparagraph (B) if both of the following conditions are met: ``(i) The teaching anesthesiologist is present during all critical or key portions of the anesthesia service or case involved. ``(ii) At least one of the following individuals is immediately available to furnish anesthesia services during the entire case: ``(I) The teaching anesthesiologist. ``(II) An anesthesiologist with whom the teaching anesthesiologist has entered into an arrangement for such purpose. ``(III) In the case of the training of student nurse anesthetists, a certified registered nurse anesthetist with whom the teaching anesthesiologist has entered into an arrangement with respect to such training. ``(B) Amount described.--For purposes of subparagraph (A), the amount described in this subparagraph, with respect to anesthesia services furnished by a teaching anesthesiologist described in such subparagraph, is 100 percent of the fee schedule amount otherwise applicable under this section if the anesthesia services were personally performed by the teaching anesthesiologist alone. ``(C) Clarification for anesthesiologists who medically direct teaching certified registered nurse anesthetists.--Subparagraph (A) shall not apply in the case of physician services furnished by an anesthesiologist who medically directs a certified registered nurse anesthetist who is involved in the training of student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases.''. (b) For Services of Certified Registered Nurse Anesthetists.-- Section 1833(l) of such Act (42 U.S.C. 1395l(l)) is amended-- (1) in paragraph (4)(B)(iii)-- (A) by striking ``In the case of'' and inserting ``(I) Subject to clause (II), in the case of''; (B) by striking ``1848(a)(5)(B)'' and inserting ``1848(a)(4)(B)''; and (C) by adding at the end the following new subclause: ``(II) Subclause (I) shall apply to a certified registered nurse anesthetist who is medically directed or medically supervised by a physician notwithstanding whether or not such certified registered nurse anesthetist is involved in the training of student nurse anesthetists in a single case or two concurrent cases.''; and (2) by adding at the end the following new paragraph: ``(7)(A) With respect to services furnished by a teaching certified registered nurse anesthetist who is not medically directed and who is involved in the training of student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases, the fee schedule amount to be applied for each such case shall be the amount described in subparagraph (B) if both of the following conditions are met: ``(i) The teaching certified registered nurse anesthetist is present during all critical or key portions of the anesthesia service or case involved. ``(ii) The teaching certified registered nurse anesthetist (or other certified registered nurse anesthetist or anesthesiologist with whom the teaching certified registered nurse anesthetist has entered into an arrangement) is immediately available to furnish anesthesia services during the entire case. ``(B) For purposes of subparagraph (A), the amount described in this subparagraph, with respect to services furnished by a teaching certified registered nurse anesthetist described in such subparagraph, is 100 percent of the fee schedule amount otherwise applicable under this subsection if the services were personally performed by the teaching certified registered nurse anesthetist alone.''. (c) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2007.

Medicare Academic Anesthesiology and CRNA Payment Improvement Act of 2006 - Amends title XVIII (Medicare) part B (Supplementary Medical Insurance Benefits for the Aged and Disabled) of the Social Security Act to set forth a special payment rule for teaching anesthesiologists (TAs) and teaching certified registered nurse anesthetists (CRNAs). Requires payment of 100% of the fee schedule amount otherwise applicable for anesthesia services personally performed by the TA alone when the TA is training physician residents or student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases, if: (1) the TA is present during all critical or key portions of the anesthesia service or case involved; and (2) either the TA or an anesthesiologist or a CRNA with whom the TA has made special arrangements is immediately available to furnish anesthesia services during the entire case. States that this special payment rule shall not apply in the case of physician services furnished by an anesthesiologist who medically directs a CRNA involved in the training of student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases. Applies to a CRNA medically directed or medically supervised by a physician in the performance of anesthesia services the current fee schedule amount of one-half of the amount for a physician's medical direction of the performance of such services, regardless of whether or not the CRNA is involved in the training of student nurse anesthetists in a single case or two concurrent cases. Requires payment, however, of 100% of the fee schedule amount otherwise applicable for anesthesia services personally performed by a teaching CRNA alone when the teaching CRNA is not medically directed but is involved in the training of student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases, if: (1) the teaching CRNA is present during all critical or key portions of the anesthesia service or case involved; and (2) the teaching CRNA (or other CRNA or anesthesiologist with whom the CRNA has made special arrangements) is immediately available to furnish anesthesia services during the entire case.

To amend title XVIII of the Social Security Act to provide for improved payments under the Medicare Program for academic anesthesiology programs for resident physicians and for academic programs for student registered nurse anesthetists.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Academic, Social, and Emotional Learning Act of 2011''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) To succeed in school, students need to be engaged. They need to know how to maintain focus and effort in the face of setbacks, work effectively with others, and be good communicators and problem-solvers. (2) Social and emotional skills form a foundation for young people's success not just in school, but as healthy and caring adults, productive workers, and engaged citizens. (3) Not only can these skills be taught, they can be taught by regular classroom teachers in schools of every type to students of every background. (4) Academic outcomes resulting from social and emotional learning include greater motivation to learn and commitment to school, increased time devoted to schoolwork and mastery of subject matter, improved attendance, graduation rates, grades, and test scores. (5) These positive outcomes increase in students who are involved in social and emotional learning programming by an average of 11 percentile points over students who are not involved in such programming. (6) Social and emotional learning programming also results in reduced problem behavior, improved health outcomes, a lower rate of violent delinquency, and a lower rate of heavy alcohol use. SEC. 3. AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT. (a) Teacher and Principal Training and Recruiting Fund.--Part A of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended-- (1) in section 2113(c)(2)-- (A) by striking ``and'' at the end of subparagraph (A); (B) by striking the period at the end of subparagraph (B) and insert ``; and''; and (C) by adding at the end the following: ``(C) train teachers and principals in practices that have demonstrated effectiveness in improving student achievement, attainment, and behavior through addressing the social and emotional development needs of students, such as through social and emotional learning programming.''; and (2) in section 2123(a)(3)(B)(iii)-- (A) by striking ``and'' at the end of (I); (B) by redesignating subclause (II) as subclause (III); and (C) by inserting after subclause (I) the following: ``(II) addressing the social and emotional development needs of students to improve student achievement and attainment, such as through social and emotional learning programming; and''. (b) Definitions.--Section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) is amended by adding at the end the following: ``(44) Social and emotional learning.--The term `social and emotional learning' means the process through which children and adults acquire the knowledge, attitudes, and skills associated with the core areas of social and emotional competency, including-- ``(A) self-awareness and self-management to achieve school and life success, such as identifying and recognizing strengths, needs, emotions, values and self-efficacy, impulse control and stress management, self-motivation and discipline, and goal setting and organizational skills; ``(B) social awareness and interpersonal skills to establish and maintain positive relationships, such as perspective taking and respect for others, communication, working cooperatively, negotiation, conflict management, and help seeking; and ``(C) decisionmaking skills and responsible behaviors in personal, academic and community contexts, such as situational analysis, problem solving, reflection and personal, and social and ethical responsibility. ``(45) Social and emotional learning programming.--The term `social and emotional learning programming' refers to classroom instruction and schoolwide activities and initiatives that-- ``(A) integrate social and emotional learning into school curriculum; ``(B) provide systematic instruction whereby social and emotional skills are taught, modeled, practiced, and applied so that students use them as part of their daily behavior; ``(C) teach children to apply social and emotional skills to prevent specific problem behaviors such as substance use, violence, bullying, and school failure, and to promote positive behaviors in class, school, and community activities; and ``(D) establish safe and caring learning environments that foster student participation, engagement, and connection to learning and school.''.

Academic, Social, and Emotional Learning Act of 2011 - Amends title II of the Elementary and Secondary Education Act of 1965 to include teacher and principal training in practices that address the social and emotional development needs of students among the activities funded under the Teacher and Principal Training and Recruiting Fund program. Allows funded training to include training in classroom instruction and schoolwide initiatives that enable students to acquire the knowledge, attitudes, and skills most conducive to social and emotional competency.

To support evidence-based social and emotional learning programming.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving America's Pollinators Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) Pollination services are a vital part of agricultural production, valued at over $125,000,000,000 globally. According to a 2014 Presidential memorandum, pollinators provide for an annual amount of $24,000,000,000 to the economy of the United States and honey bees account for $15,000,000,000 of such amount. Similarly, pollination services of native pollinators, such as bumblebees, squash bees, and mason bees, contribute over $3,000,000,000 to the United States agricultural economy and are estimated to contribute between $937,000,000 and $2,400,000,000 to the economy of California alone. (2) One-third of food produced in North America--including nearly 100 varieties of fruits and vegetables such as almonds, avocados, cranberries, and apples--depends on pollination by bees. (3) Over the past several years, documented incidents of colony collapse disorder and other forms of excess bee mortality have been at a record high, with some beekeepers repeatedly losing 100 percent of their operations. The national honey crop reported in 2013 was the lowest in many decades. (4) A recent national survey sponsored by the Federal Government indicates that United States beekeepers experienced a 45.2 percent annual mortality rate with their hives during the period beginning in April 2012 and ending in March 2013. During the winter of 2013-2014, two-thirds of beekeepers experienced loss rates greater than the established acceptable winter mortality rate. (5) According to scientists at the Department of Agriculture, current losses of honey bee colonies are too high to confidently ensure the United States will be able to meet the pollination demands for agricultural crops. (6) Native pollinators, such as bumble bees, have also suffered alarming population declines. There are currently more than 40 pollinator species federally-listed as threatened or endangered, and most recently, the iconic monarch butterfly has declined by 90 percent. (7) Scientists have linked the use of a certain class of systemic insecticides, known as neonicotinoids, to the rapid decline of pollinators and to the deterioration of pollinator health. (8) Neonicotinoids cause sublethal effects, including impaired foraging and feeding behavior, disorientation, weakened immunity, delayed larval development, and increased susceptibility to viruses, diseases, and parasites. Numerous reports also document acute, lethal effects from the application of neonicotinoids. (9) Conclusions from a recent global review of the impacts of systemic pesticides, primarily neonicotinoids, warn that they are causing significant damage to a wide range of beneficial invertebrate species, are a key factor in the decline of bees, and pose a global threat to biodiversity and ecosystem services. Another recent global review documented high levels of freshwater contamination. (10) Science has demonstrated that a single corn kernel coated with a neonicotinoid is toxic enough to kill a songbird. Peer-reviewed research from the Netherlands has shown that the most severe bird population declines occurred in those areas where neonicotinoid pollution was highest. Starlings, tree sparrows, and swallows were among the most affected. (11) In January 2013, the European Food Safety Authority determined that the most widely used neonicotinoids pose unacceptable hazards to bees, prompting the European Union to suspend their use on agricultural crops. (12) In June 2013, over 50,000 bumblebees were killed as a direct result of exposure to a neonicotinoid applied to linden trees for cosmetic purposes. (13) In February 2014, Eugene, Oregon, voted to ban the use of neonicotinoid pesticides on city property. Similar bans and restrictions have been enacted in Thurston County, Spokane, and Seattle, Washington, and Skagway, Alaska. (14) In June 2014, a Presidential memorandum established a Pollinator Health Task Force after identifying pollinator decline as a threat to the sustainability of food production systems, the agricultural economy, and the health of the environment in the United States. (15) In July 2014, the United States Fish and Wildlife Service announced plans to phase out neonicotinoid pesticides in all national wildlife refuges across the United States by January 2016. The United States Fish and Wildlife Service recognized that the prophylactic use of neonicotinoids for agricultural purposes harms a wide range of non-target species and is therefore inconsistent with the management policy of the United States Fish and Wildlife Service. (16) In October 2014, an assessment by the Environmental Protection Agency found that neonicotinoid seed coatings provide little benefit to overall soybean crop yield. Additional studies determined that in approximately 80 to 90 percent of row crop uses, neonicotinoid coatings are unnecessary. The prophylactic overuse of neonicotinoids violates the fundamental principles of integrated pest management. (17) In November 2014, the Province of Ontario announced the province will move to restrict the use of neonicotinoid- coated corn and soybean seeds because of the broad harms from their overuse, with a goal of 80-percent reduction by 2017. SEC. 3. URGENT REGULATORY RESPONSE FOR HONEY BEE AND POLLINATOR PROTECTION. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall suspend the registration of imidacloprid, clothianidin, thiamethoxam, dinotafuran, and any other members of the nitro group of neonicotinoid insecticides to the extent such insecticide is registered, conditionally or otherwise, under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) for use in seed treatment, soil application, or foliar treatment on bee-attractive plants, trees, and cereals until the Administrator has made a determination that such insecticide will not cause unreasonable adverse effects on pollinators based on-- (1) an evaluation of the published and peer-reviewed scientific evidence on whether the use or uses of such neonicotinoids cause unreasonable adverse effects on pollinators, including native bees, honey bees, birds, bats, and other species of beneficial insects; and (2) a completed field study that meets the criteria required by the Administrator and evaluates residues, including residue buildup after repeated annual application, chronic low- dose exposure, cumulative effects of multiple chemical exposures, and any other protocol determined to be necessary by the Administrator to protect managed and native pollinators. (b) Conditions on Certain Pesticides Registrations.-- Notwithstanding section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a), for purposes of the protection of honey bees, other pollinators, and beneficial insects, the Administrator of the Environmental Protection Agency shall not issue any new registrations, conditional or otherwise, for any seed treatment, soil application, and foliar treatment on bee-attractive plants, trees, and cereals under such Act until the Administrator has made the determination described in subsection (a), based on an evaluation described in subsection (a)(1) and a completed field study described in subsection (a)(2), with respect to such insecticide. (c) Monitoring of Native Bees.--The Secretary of the Interior, in coordination with the Administrator of the Environmental Protection Agency, shall, for purposes of protecting and ensuring the long-term viability of native bees and other pollinators of agricultural crops, horticultural plants, wild plants, and other plants-- (1) regularly monitor the health and population status of native bees, including the status of native bees in agricultural and nonagricultural habitats and areas of ornamental plants, residential areas, and landscaped areas; (2) identify the scope and likely causes of unusual native bee mortality; and (3) beginning not later than 180 days after the date of the enactment of this Act and each year thereafter, submit to Congress, and make available to the public, a report on such health and population status.

Saving America's Pollinators Act of 2015 This bill requires the Environmental Protection Agency (EPA) to suspend the registration of members of the nitro group of neonicotinoid insecticides that are registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use in seed treatment, soil application, or foliar treatment on bee-attractive plants, trees, and cereals until the EPA determines that the insecticides will not cause unreasonable adverse effects on pollinators. The determination must be based on: an evaluation of the published and peer-reviewed scientific evidence on whether the use or uses of those neonicotinoids cause unreasonable adverse effects on pollinators, including native bees, honeybees, birds, bats, and other species of beneficial insects; and a completed field study that meets the criteria required by the EPA and evaluates residues, chronic low-dose exposure, and cumulative effects of multiple chemical exposures. The EPA may not issue new registrations of the neonicotinoid pesticides for any seed treatment, soil application, and foliar treatment on bee-attractive plants, trees, and cereals under FIFRA until it has made the determination with respect to the insecticide. For purposes of protecting and ensuring the long-term viability of native bees and other pollinators, the Department of the Interior must: (1) regularly monitor the health and population status of native bees, (2) identify the scope and likely causes of unusual native bee mortality, and (3) submit to Congress and make public an annual report on the health and population status of native bees.

Saving America's Pollinators Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Criminal Antitrust Anti-Retaliation Act of 2013''. SEC. 2. AMENDMENT TO ACPERA. The Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (Public Law 108-237; 15 U.S.C. 1 note) is amended by adding after section 215 the following: ``SEC. 216. ANTI-RETALIATION PROTECTION FOR WHISTLEBLOWERS. ``(a) Whistleblower Protections for Employees, Contractors, Subcontractors, and Agents.-- ``(1) In general.--No employer may discharge, demote, suspend, threaten, harass, or in any other manner discriminate against a covered individual in the terms and conditions of employment of the covered individual because-- ``(A) the covered individual provided or caused to be provided to the employer or the Federal Government information relating to-- ``(i) any violation of, or any act or omission the covered individual reasonably believes to be a violation of the antitrust laws; or ``(ii) any violation of, or any act or omission the covered individual reasonably believes to be a violation of another criminal law committed in conjunction with a potential violation of the antitrust laws or in conjunction with an investigation by the Department of Justice of a potential violation of the antitrust laws; or ``(B) the covered individual filed, caused to be filed, testified, participated in, or otherwise assisted an investigation or a proceeding filed or about to be filed (with any knowledge of the employer) relating to-- ``(i) any violation of, or any act or omission the covered individual reasonably believes to be a violation of the antitrust laws; or ``(ii) any violation of, or any act or omission the covered individual reasonably believes to be a violation of another criminal law committed in conjunction with a potential violation of the antitrust laws or in conjunction with an investigation by the Department of Justice of a potential violation of the antitrust laws. ``(2) Limitation on protections.--Paragraph (1) shall not apply to any covered individual if-- ``(A) the covered individual planned and initiated a violation or attempted violation of the antitrust laws; ``(B) the covered individual planned and initiated a violation or attempted violation of another criminal law in conjunction with a violation or attempted violation of the antitrust laws; or ``(C) the covered individual planned and initiated an obstruction or attempted obstruction of an investigation by the Department of Justice of a violation of the antitrust laws. ``(3) Definitions.--In this section: ``(A) Antitrust laws.--The term `antitrust laws' means section 1 or 3 of the Sherman Act (15 U.S.C. 1, 3). ``(B) Covered individual.--The term `covered individual' means an employee, contractor, subcontractor, or agent of an employer. ``(C) Employer.--The term `employer' means a person, or any officer, employee, contractor, subcontractor, or agent of such person. ``(D) Person.--The term `person' has the same meaning as in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)). ``(4) Rule of construction.--The term `violation', with respect to the antitrust laws, shall not be construed to include a civil violation of any law that is not also a criminal violation. ``(b) Enforcement Action.-- ``(1) In general.--A covered individual who alleges discharge or other discrimination by any employer in violation of subsection (a) may seek relief under subsection (c) by-- ``(A) filing a complaint with the Secretary of Labor; or ``(B) if the Secretary has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. ``(2) Procedure.-- ``(A) In general.--A complaint filed with the Secretary of Labor under paragraph (1)(A) shall be governed under the rules and procedures set forth in section 42121(b) of title 49, United States Code. ``(B) Exception.--Notification made under section 42121(b)(1) of title 49, United States Code, shall be made to any individual named in the complaint and to the employer. ``(C) Burdens of proof.--A complaint filed with the Secretary of Labor under paragraph (1)(A) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49, United States Code. ``(D) Statute of limitations.--A complaint under paragraph (1)(A) shall be filed with the Secretary of Labor not later than 180 days after the date on which the violation occurs. ``(E) Civil actions to enforce.--If a person fails to comply with an order or preliminary order issued by the Secretary of Labor pursuant to the procedures in section 42121(b), the Secretary of Labor or the person on whose behalf the order was issued may bring a civil action to enforce the order in the district court of the United States for the judicial district in which the violation occurred. ``(c) Remedies.-- ``(1) In general.--A covered individual prevailing in any action under subsection (b)(1) shall be entitled to all relief necessary to make the covered individual whole. ``(2) Compensatory damages.--Relief for any action under paragraph (1) shall include-- ``(A) reinstatement with the same seniority status that the covered individual would have had, but for the discrimination; ``(B) the amount of back pay, with interest; and ``(C) compensation for any special damages sustained as a result of the discrimination including litigation costs, expert witness fees, and reasonable attorney's fees. ``(d) Rights Retained by Whistleblowers.--Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any covered individual under any Federal or State law, or under any collective bargaining agreement.''. Passed the Senate November 4, 2013. Attest: Secretary. 113th CONGRESS 1st Session S. 42 _______________________________________________________________________ AN ACT To provide anti-retaliation protections for antitrust whistleblowers.

(This measure has not been amended since it was reported to the Senate on October 31, 2013. Criminal Antitrust Anti-Retaliation Act of 2013 - Amends the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 to prohibit an employer from discharging, demoting, suspending, harassing, or in any other manner discriminating against an employee, contractor, subcontractor, or agent of such employer who: (1) provided information to the employer or the federal government concerning a violation of antitrust law or of another criminal law committed in conjunction with a potential violation of antitrust law or in conjunction with an antitrust investigation by the Department of Justice (DOJ); or (2) filed, testified, participated, or otherwise assisted in an investigation relating to such a violation. Excludes from such protection any individual who planned and initiated such a violation or an obstruction to the investigation of such a violation. Authorizes an individual who alleges discharge or other discrimination by an employer in violation of such prohibition to seek relief: (1) by filing a complaint with the Secretary of Labor; or (2) if the Secretary has not issued a final decision within 180 days of such filing, by bringing an action at law or equity in the appropriate U.S. district court. Entitles an individual who prevails in any such action to all relief necessary to make such individual whole, including reinstatement with the same status, back pay plus interest, and compensation for special damages sustained.

Criminal Antitrust Anti-Retaliation Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Notch Fairness Act of 1996''. SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD. (a) In General.--Section 215(a) of the Social Security Act is amended-- (1) in paragraph (4)(B), by inserting ``(with or without the application of paragraph (8))'' after ``would be made'', and by striking ``1984'' in clause (i) and inserting ``1989''; and (2) by adding at the end the following: ``(8)(A) In the case of an individual described in paragraph (4)(B) (subject to subparagraph (F) of this paragraph), the amount of the individual's primary insurance amount as computed or recomputed under paragraph (1) shall be deemed equal to the sum of-- ``(i) such amount, and ``(ii) the applicable transitional increase amount (if any). ``(B) For purposes of subparagraph (A)(ii), the term `applicable transitional increase amount' means, in the case of any individual, the product derived by multiplying-- ``(i) the excess under former law, by ``(ii) the applicable percentage in relation to the year in which the individual becomes eligible for old-age insurance benefits, as determined by the following table: ``If the individual becomes eligible for The applicable such benefits in: percentage is: 1979............................... 55 percent 1980............................... 45 percent 1981............................... 35 percent 1982............................... 32 percent 1983............................... 25 percent 1984............................... 20 percent 1985............................... 16 percent 1986............................... 10 percent 1987............................... 3 percent 1988............................... 5 percent. ``(C) For purposes of subparagraph (B), the term `excess under former law' means, in the case of any individual, the excess of-- ``(i) the applicable former law primary insurance amount, over ``(ii) the amount which would be such individual's primary insurance amount if computed or recomputed under this section without regard to this paragraph and paragraphs (4), (5), and (6). ``(D) For purposes of subparagraph (C)(i), the term `applicable former law primary insurance amount' means, in the case of any individual, the amount which would be such individual's primary insurance amount if it were-- ``(i) computed or recomputed (pursuant to paragraph (4)(B)(i)) under section 215(a) as in effect in December 1978, or ``(ii) computed or recomputed (pursuant to paragraph (4)(B)(ii)) as provided by subsection (d), (as applicable) and modified as provided by subparagraph (E). ``(E) In determining the amount which would be an individual's primary insurance amount as provided in subparagraph (D)-- ``(i) subsection (b)(4) shall not apply; ``(ii) section 215(b) as in effect in December 1978 shall apply, except that section 215(b)(2)(C) (as then in effect) shall be deemed to provide that an individual's `computation base years' may include only calendar years in the period after 1950 (or 1936 if applicable) and ending with the calendar year in which such individual attains age 61, plus the 3 calendar years after such period for which the total of such individual's wages and self-employment income is the largest; and ``(iii) subdivision (I) in the last sentence of paragraph (4) shall be applied as though the words `without regard to any increases in that table' in such subdivision read `including any increases in that table'. ``(F) This paragraph shall apply in the case of any individual only if such application results in a primary insurance amount for such individual that is greater than it would be if computed or recomputed under paragraph (4)(B) without regard to this paragraph.''. (b) Effective Date and Related Rules.-- (1) Applicability of amendments.-- (A) In general.--Except as provided in paragraph (2), the amendments made by this Act shall be effective as though they had been included or reflected in section 201 of the Social Security Amendments of 1977. (B) Prospective applicability.--No monthly benefit or primary insurance amount under title II of the Social Security Act shall be increased by reason of such amendments for any month before April 1996. (2) Recomputation to reflect benefit increases.--In any case in which an individual is entitled to monthly insurance benefits under title II of the Social Security Act for March 1995, if such benefits are based on a primary insurance amount computed-- (A) under section 215 of such Act as in effect (by reason of the Social Security Amendments of 1977) after December 1978, or (B) under section 215 of such Act as in effect prior to January 1979 by reason of subsection (a)(4)(B) of such section (as amended by the Social Security Amendments of 1977), the Commissioner of Social Security (notwithstanding section 215(f)(1) of the Social Security Act) shall recompute such primary insurance amount so as to take into account the amendments made by this Act. SEC. 3. ENTITLEMENT OF STEPCHILDREN TO CHILD'S INSURANCE BENEFITS BASED ON ACTUAL DEPENDENCY ON STEPPARENT SUPPORT. (a) Requirement of Actual Dependency for Future Entitlements.-- (1) In general.--Section 202(d)(4) of the Social Security Act (42 U.S.C. 402(d)(4)) is amended by striking ``was living with or''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to benefits of individuals who become entitled to such benefits for months after the third month following the month in which this Act is enacted. (b) Termination of Child's Insurance Benefits Based on Work Record of Stepparent Upon Natural Parent's Divorce From Stepparent.-- (1) In general.--Section 202(d)(1) of the Social Security Act (42 U.S.C. 402(d)(1)) is amended-- (A) by striking ``or'' at the end of clause (F); (B) by striking the period at the end of clause (G) and inserting ``; or''; and (C) by inserting after clause (G) the following new clause: ``(H) if the benefits under this subsection are based on the wages and self-employment income of a stepparent who is subsequently divorced from such child's natural parent, the sixth month after the month in which the Commissioner of Social Security receives formal notification of such divorce.''. (2) Effective date.--The amendments made by this subsection shall apply with respect to notifications of divorces received by the Commissioner of Social Security on or after the date of the enactment of this Act. SEC. 4. DENIAL OF DISABILITY BENEFITS TO DRUG ADDICTS AND ALCOHOLICS. (a) Amendments Relating to Title II Disability Benefits.-- (1) In general.--Section 223(d)(2) of the Social Security Act (42 U.S.C. 423(d)(2)) is amended by adding at the end the following: ``(C) An individual shall not be considered to be disabled for purposes of this title if alcoholism or drug addiction would (but for this subparagraph) be a contributing factor material to the Commissioner's determination that the individual is disabled.''. (2) Representative payee requirements.-- (A) Section 205(j)(1)(B) of such Act (42 U.S.C. 405(j)(1)(B)) is amended to read as follows: ``(B) In the case of an individual entitled to benefits based on disability, the payment of such benefits shall be made to a representative payee if the Commissioner of Social Security determines that such payment would serve the interest of the individual because the individual also has an alcoholism or drug addiction condition (as determined by the Commissioner) that prevents the individual from managing such benefits.''. (B) Section 205(j)(2)(C)(v) of such Act (42 U.S.C. 405(j)(2)(C)(v)) is amended by striking ``entitled to benefits'' and all that follows through ``under a disability'' and inserting ``described in paragraph (1)(B)''. (C) Section 205(j)(2)(D)(ii)(II) of such Act (42 U.S.C. 405(j)(2)(D)(ii)(II)) is amended by striking all that follows ``15 years, or'' and inserting ``described in paragraph (1)(B).''. (D) Section 205(j)(4)(A)(ii)(II) (42 U.S.C. 405(j)(4)(A)(ii)(II)) is amended by striking ``entitled to benefits'' and all that follows through ``under a disability'' and inserting ``described in paragraph (1)(B)''. (3) Treatment referrals for individuals with an alcoholism or drug addiction condition.--Section 222 of such Act (42 U.S.C. 422) is amended by adding at the end the following new subsection: ``Treatment Referrals for Individuals with an Alcoholism or Drug Addiction Condition ``(e) In the case of any individual whose benefits under this title are paid to a representative payee pursuant to section 205(j)(1)(B), the Commissioner of Social Security shall refer such individual to the appropriate State agency administering the State plan for substance abuse treatment services approved under subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x-21 et seq.).''. (4) Conforming amendment.--Subsection (c) of section 225 of such Act (42 U.S.C. 425(c)) is repealed. (5) Effective dates.-- (A) The amendments made by paragraphs (1) and (4) shall apply with respect to monthly insurance benefits under title II of the Social Security Act based on disability for months beginning after the date of the enactment of this Act, except that, in the case of individuals who are entitled to such benefits for the month in which this Act is enacted, such amendments shall apply only with respect to such benefits for months beginning on or after January 1, 1997. (B) The amendments made by paragraphs (2) and (3) shall apply with respect to benefits for which applications are filed on or after the date of the enactment of this Act. (C) If an individual who is entitled to monthly insurance benefits under title II of the Social Security Act based on disability for the month in which this Act is enacted and whose entitlement to such benefits would terminate by reason of the amendments made by this subsection reapplies for benefits under title II of such Act (as amended by this Act) based on disability within 120 days after the date of the enactment of this Act, the Commissioner of Social Security shall, not later than January 1, 1997, complete the entitlement redetermination with respect to such individual pursuant to the procedures of such title. (b) Amendments Relating to SSI Benefits.-- (1) In general.--Section 1614(a)(3) of the Social Security Act (42 U.S.C. 1382c(a)(3)) is amended by adding at the end the following: ``(I) Notwithstanding subparagraph (A), an individual shall not be considered to be disabled for purposes of this title if alcoholism or drug addiction would (but for this subparagraph) be a contributing factor material to the Commissioner's determination that the individual is disabled.''. (2) Representative payee requirements.-- (A) Section 1631(a)(2)(A)(ii)(II) of such Act (42 U.S.C. 1383(a)(2)(A)(ii)(II)) is amended to read as follows: ``(II) In the case of an individual eligible for benefits under this title by reason of disability, the payment of such benefits shall be made to a representative payee if the Commissioner of Social Security determines that such payment would serve the interest of the individual because the individual also has an alcoholism or drug addiction condition (as determined by the Commissioner) that prevents the individual from managing such benefits.''. (B) Section 1631(a)(2)(B)(vii) of such Act (42 U.S.C. 1383(a)(2)(B)(vii)) is amended by striking ``eligible for benefits'' and all that follows through ``is disabled'' and inserting ``described in subparagraph (A)(ii)(II)''. (C) Section 1631(a)(2)(B)(ix)(II) of such Act (42 U.S.C. 1383(a)(2)(B)(ix)(II)) is amended by striking all that follows ``15 years, or'' and inserting ``described in subparagraph (A)(ii)(II).''. (D) Section 1631(a)(2)(D)(i)(II) of such Act (42 U.S.C. 1383(a)(2)(D)(i)(II)) is amended by striking ``eligible for benefits'' and all that follows through ``is disabled'' and inserting ``described in subparagraph (A)(ii)(II)''. (3) Treatment services for individuals with a substance abuse condition.--Title XVI of such Act (42 U.S.C. 1381 et seq.) is amended by adding at the end the following new section: ``treatment services for individuals with a substance abuse condition ``Sec. 1636. In the case of any individual whose benefits under this title are paid to a representative payee pursuant to section 1631(a)(2)(A)(ii)(II), the Commissioner of Social Security shall refer such individual to the appropriate State agency administering the State plan for substance abuse treatment services approved under subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x-21 et seq.).''. (4) Conforming amendments.-- (A) Section 1611(e) of such Act (42 U.S.C. 1382(e)) is amended by striking paragraph (3). (B) Section 1634 of such Act (42 U.S.C. 1383c) is amended by striking subsection (e). (5) Effective dates.-- (A) The amendments made by paragraphs (1) and (4) shall apply with respect to supplemental security income benefits under title XVI of the Social Security Act based on disability for months beginning after the date of the enactment of this Act, except that, in the case of individuals who are eligible for such benefits for the month in which this Act is enacted, such amendments shall apply only with respect to such benefits for months beginning on or after January 1, 1997. (B) The amendments made by paragraphs (2) and (3) shall apply with respect to supplemental security income benefits under title XVI of the Social Security Act for which applications are filed on or after the date of the enactment of this Act. (C) If an individual who is eligible for supplemental security income benefits under title XVI of the Social Security Act for the month in which this Act is enacted and whose eligibility for such benefits would terminate by reason of the amendments made by this subsection reapplies for supplemental security income benefits under title XVI of such Act (as amended by this Act) within 120 days after the date of the enactment of this Act, the Commissioner of Social Security shall, not later than January 1, 1997, complete the eligibility redetermination with respect to such individual pursuant to the procedures of such title. (D) For purposes of this paragraph, the phrase ``supplemental security income benefits under title XVI of the Social Security Act'' includes supplementary payments pursuant to an agreement for Federal administration under section 1616(a) of the Social Security Act and payments pursuant to an agreement entered into under section 212(b) of Public Law 93-66. (c) Conforming Amendment.--Section 201(c) of the Social Security Independence and Program Improvements Act of 1994 (42 U.S.C. 425 note) is repealed. (d) Supplemental Funding for Alcohol and Substance Abuse Treatment Programs.-- (1) In general.--Out of any money in the Treasury not otherwise appropriated, there are hereby appropriated to supplement State and Tribal programs funded under section 1933 of the Public Health Service Act (42 U.S.C. 300x-33), $100,000,000 for each of the fiscal years 1997 and 1998. (2) Additional funds.--Amounts appropriated under paragraph (1) shall be in addition to any funds otherwise appropriated for allotments under section 1933 of the Public Health Service Act (42 U.S.C. 300x-33) and shall be allocated pursuant to such section 1933. (3) Use of funds.--A State or Tribal government receiving an allotment under this subsection shall consider as priorities, for purposes of expending funds allotted under this subsection, activities relating to the treatment of the abuse of alcohol and other drugs. HR 2930 IH----2

Notch Fairness Act of 1996 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to revise the formula for the computation of minimum old age insurance benefits for individuals who reached age 65 in or after 1979 and to whom applies the 15-year transition period for the changes in benefit computation rules enacted in the Social Security Amendments of 1977. Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 55 percent to five percent and keyed to the year an individual became eligible for such benefits between 1979 and 1988. Requires actual dependency of a stepchild in order to receive a child's insurance benefit under OASDI. Repeals the benefit eligibility of a stepchild living with the stepparent but not dependent on the stepparent for at least half of his or her support. Terminates a child's insurance benefit based upon the work income of a stepparent six months after the month in which the Commissioner of Social Security receives formal notification of the divorce of such stepparent from the natural parent of the child. Prohibits payment of OASDI disability benefits if alcoholism or drug addiction would be a contributing factor material to the Commissioner's determination that such individual is disabled. Requires the payment of disability benefits to a representative payee if the Commissioner determines that a disabled individual also has an alcoholism or drug addition condition that prevents the individual from managing such benefits. Directs the Commissioner to refer an individual with such a condition to the appropriate State agency administering the plan for substance abuse treatment services under the Public Health Service Act. Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to make the same requirements with respect to SSI beneficiaries. Appropriates funds for FY 1997 and 1998 for supplemental funding of State and tribal alcohol and substance abuse treatment programs under the Public Health Service Act. Requires State or tribal governments receiving such funds to consider as a priority in their expenditure those activities relating to the treatment of the abuse of alcohol and other drugs.

Notch Fairness Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Criminal Gang Activity Act of 2004''. SEC. 2. AMENDMENT TO TITLE 18. Section 922(g) of title 18, United States Code, is amended-- (1) in paragraph (8), by striking ``or'' after the semicolon; (2) in paragraph (9), by striking the comma at the end and inserting ``; or''; and (3) by adding after paragraph (9) the following: ``(10) who participates in a criminal street gang as described in subsection (z);''. SEC. 3. CRIMINAL STREET GANGS. Section 922 of title 18, United States Code, is amended by adding at the end thereof the following: ``(z) As used in subsection (g)(10): ``(1) The term `criminal street gang' means a formal or informal group, club, organization, or association of 3 or more individuals, who act in concert, or agree to act in concert, with a purpose that any of these persons alone, or in any combination, commit or will commit, 2 or more predicate gang crimes, 1 of which occurs after the date of enactment of this subsection and the last of which occurs not later than 10 years (excluding any period of imprisonment) after the commission of a prior predicate gang crime, provided that the activities of the criminal street gang affect interstate or foreign commerce. ``(2) The term `predicate gang crime' means-- ``(A) any act or threat, or attempted act or threat, which is chargeable under Federal or State law and punishable by imprisonment for more than 1 year, involving murder, attempted murder, manslaughter, gambling, kidnapping, robbery, extortion, arson, obstruction of justice, tampering with or retaliating against a witness, victim, or informant, burglary, sexual assault, carjacking, or manufacturing, importing, distributing, possessing with intent to distribute, or otherwise dealing in a controlled substance or listed chemicals (as those terms are defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); ``(B) any act punishable by imprisonment for more than 1 year under section 844 (relating to explosive materials), section 922(g)(1) (where the underlying conviction is a serious violent felony (as defined in section 3559(c)(2)(F) of this title) or is a serious drug offense (as defined in section 942(e)(2)(A) of this title), or subsection (a)(2), (b), (c), (g), or (h) of section 924 (relating to receipt, possession, and transfer of firearms), sections 1028 and 1029 (relating to fraud and related activity in connection with identification documents or access devices), section 1503 (relating to obstruction of justice), section 1510 (relating to obstruction of criminal investigations), section 1512 (relating to tampering with a witness, victim, or informant), or section 1513 (relating to retaliating against a witness, victim, or informant), section 1951 (relating to interference with commerce, robbery or extortion), section 1952 (relating to racketeering), section 1956 (relating to the laundering of monetary instruments), section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity), section 1958 (relating to use of interstate commerce facilities in the commission of murder-for-hire), sections 2312 through 2315 (relating to interstate transportation of stolen motor vehicles or stolen property); or ``(C) any act involving the Immigration and Nationality Act, section 274 (relating to brining in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of alien for immoral purpose). ``(3) The term `State' means each of the several States of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. ``(4) The term `participates in a criminal street gang' means-- ``(A) to participate in a criminal street gang by committing, or conspiring or attempting to commit, 2 or more predicate gang crimes-- ``(i) in furtherance or in aid of the activities of a criminal street gang; or ``(ii) for the purpose of gaining entrance to or maintaining or increasing position in such a gang; or ``(B) to employ, use, command, counsel, persuade, induce, entice, or coerce any individual to commit, cause to commit, or facilitate the commission of, a predicate gang crime-- ``(i) in furtherance or in aid of the activities of a criminal street gang; or ``(ii) for the purpose of gaining entrance to or maintaining or increasing position in such a gang.''.

Criminal Gang Activity Act of 2004 - Amends the Brady Handgun Violence Prevention Act to prohibit anyone who participates in a criminal street gang from possessing firearms or ammunition. Defines such participation as committing, or conspiring or attempting to commit, two or more predicate gang crimes, or inducing or facilitating the commission of a predicate gang crime, in furtherance of gang activities or for the purpose of gang membership or position.

A bill to prohibit members of criminal street gangs from possessing firearms.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airport Security Improvement Act of 2000''. SEC. 2. CRIMINAL HISTORY RECORD CHECKS. (a) Expansion of FAA Electronic Pilot Program.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall develop, in consultation with the Office of Personnel Management and the Federal Bureau of Investigation, the pilot program for individual criminal history record checks (known as the electronic fingerprint transmission pilot project) into an aviation industry-wide program. (2) Limitation.--The Administrator shall not require any airport, air carrier, or screening company to participate in the program described in subsection (a) if the airport, air carrier, or screening company determines that it would not be cost effective for it to participate in the program and notifies the Administrator of that determination. (b) Application of Expanded Program.-- (1) Interim report.--Not later than 1 year after the date of enactment of this Act, the Administrator shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the status of the Administrator's efforts to utilize the program described in subsection (a). (2) Notification concerning sufficiency of operation.--If the Administrator determines that the program described in subsection (a) is not sufficiently operational 2 years after the date of enactment of this Act to permit its utilization in accordance with subsection (a), the Administrator shall notify the committees referred to in paragraph (1) of that determination. (c) Changes in Existing Requirements.--Section 44936(a)(1) of title 49, United States Code, is amended-- (1) in subparagraph (A) by striking ``, as the Administrator decides is necessary to ensure air transportation security,''; (2) in subparagraph (D) by striking ``as a screener'' and inserting ``in the position for which the individual applied''; and (3) by adding at the end the following: ``(E) Criminal history record checks for screeners and others.-- ``(i) In general.--A criminal history record check shall be conducted for each individual who applies for a position described in subparagraph (A), (B)(i), or (B)(ii). ``(ii) Special transition rule.--During the 3-year period beginning on the date of enactment of this subparagraph, an individual described in clause (i) may be employed in a position described in clause (i)-- ``(I) in the first 2 years of such 3-year period, for a period of not to exceed 45 days before a criminal history record check is completed; and ``(II) in the third year of such 3-year period, for a period of not to exceed 30 days before a criminal history record check is completed, if the request for the check has been submitted to the appropriate Federal agency and the employment investigation has been successfully completed. ``(iii) Employment investigation not required for individuals subject to criminal history record check.--An employment investigation shall not be required for an individual who applies for a position described in subparagraph (A), (B)(i), or (B)(ii), if a criminal history record check of the individual is completed before the individual begins employment in such position. ``(iv) Effective date.--This subparagraph shall take effect-- ``(I) 30 days after the date of enactment of this subparagraph with respect to individuals applying for a position at an airport that is defined as a Category X airport in the Federal Aviation Administration approved air carrier security programs required under part 108 of title 14, Code of Federal Regulations; and ``(II) 3 years after such date of enactment with respect to individuals applying for a position at any other airport that is subject to the requirements of part 107 of such title. ``(F) Exemption.--An employment investigation, including a criminal history record check, shall not be required under this subsection for an individual who is exempted under section 107.31(m) of title 14, Code of Federal Regulations, as in effect on the date of enactment of this subparagraph.''. (d) List of Offenses Barring Employment.--Section 44936(b)(1)(B) of title 49, United States Code, is amended-- (1) by inserting ``(or found not guilty by reason of insanity)'' after ``convicted''; (2) in clause (xi) by inserting ``or felony unarmed'' after ``armed''; (3) by striking ``or'' at the end of clause (xii); (4) by redesignating clause (xiii) as clause (xv) and inserting after clause (xii) the following: ``(xiii) a felony involving a threat; ``(xiv) a felony involving-- ``(I) willful destruction of property; ``(II) importation or manufacture of a controlled substance; ``(III) burglary; ``(IV) theft; ``(V) dishonesty, fraud, or misrepresentation; ``(VI) possession or distribution of stolen property; ``(VII) aggravated assault; ``(VIII) bribery; and ``(IX) illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year, or any other crime classified as a felony that the Administrator determines indicates a propensity for placing contraband aboard an aircraft in return for money; or''; and (5) in clause (xv) (as so redesignated) by striking ``clauses (i)-(xii) of this paragraph'' and inserting ``clauses (i) through (xiv)''. SEC. 3. IMPROVED TRAINING. (a) Training Standards for Screeners.--Section 44935 of title 49, United States Code, is amended by adding at the end the following: ``(e) Training Standards for Screeners.-- ``(1) Issuance of final rule.--Not later than May 31, 2001, and after considering comments on the notice published in the Federal Register for January 5, 2000 (65 Fed. Reg. 559 et seq.), the Administrator shall issue a final rule on the certification of screening companies. ``(2) Classroom instruction.-- ``(A) In general.--As part of the final rule, the Administrator shall prescribe minimum standards for training security screeners that include at least 40 hours of classroom instruction before an individual is qualified to provide security screening services under section 44901. ``(B) Classroom equivalency.--Instead of the 40 hours of classroom instruction required under subparagraph (A), the final rule may allow an individual to qualify to provide security screening services if that individual has successfully completed a program that the Administrator determines will train individuals to a level of proficiency equivalent to the level that would be achieved by the classroom instruction under subparagraph (A). ``(3) On-the-job training.--In addition to the requirements of paragraph (2), as part of the final rule, the Administrator shall require that before an individual may exercise independent judgment as a security screener under section 44901, the individual shall-- ``(A) complete 40 hours of on-the-job training as a security screener; and ``(B) successfully complete an on-the-job training examination prescribed by the Administrator.''. (b) Computer-Based Training Facilities.--Section 44935 of title 49, United States Code, is further amended by adding at the end the following: ``(f) Accessibility of Computer-Based Training Facilities.--The Administrator shall work with air carriers and airports to ensure that computer-based training facilities intended for use by security screeners at an airport regularly serving an air carrier holding a certificate issued by the Secretary of Transportation are conveniently located for that airport and easily accessible.''. SEC. 4. IMPROVING SECURED-AREA ACCESS CONTROL. Section 44903 of title 49, United States Code, is amended by adding at the end the following: ``(g) Improvement of Secured-Area Access Control.-- ``(1) Enforcement.-- ``(A) Administrator to publish sanctions.--The Administrator shall publish in the Federal Register a list of sanctions for use as guidelines in the discipline of employees for infractions of airport access control requirements. The guidelines shall incorporate a progressive disciplinary approach that relates proposed sanctions to the severity or recurring nature of the infraction and shall include measures such as remedial training, suspension from security-related duties, suspension from all duties without pay, and termination of employment. ``(B) Use of sanctions.--Each airport operator, air carrier, and security screening company shall include the list of sanctions published by the Administrator in its security program. The security program shall include a process for taking prompt disciplinary action against an employee who commits an infraction of airport access control requirements. ``(2) Improvements.--The Administrator shall-- ``(A) work with airport operators and air carriers to implement and strengthen existing controls to eliminate airport access control weaknesses by January 31, 2001; ``(B) require airport operators and air carriers to develop and implement comprehensive and recurring training programs that teach employees their roles in airport security, the importance of their participation, how their performance will be evaluated, and what action will be taken if they fail to perform; ``(C) require airport operators and air carriers to develop and implement programs that foster and reward compliance with airport access control requirements and discourage and penalize noncompliance in accordance with guidelines issued by the Administrator to measure employee compliance; ``(D) assess and test for compliance with access control requirements, report findings, and assess penalties or take other appropriate enforcement actions when noncompliance is found; ``(E) improve and better administer the Administrator's security database to ensure its efficiency, reliability, and usefulness for identification of systemic problems and allocation of resources; ``(F) improve the execution of the Administrator's quality control program by January 31, 2001; and ``(G) require airport operators and air carriers to strengthen access control points in secured areas (including air traffic control operations areas) to ensure the security of passengers and aircraft by January 31, 2001.''. SEC. 5. PHYSICAL SECURITY FOR ATC FACILITIES. (a) In General.--In order to ensure physical security at Federal Aviation Administration staffed facilities that house air traffic control systems, the Administrator of the Federal Aviation Administration shall act immediately to-- (1) correct physical security weaknesses at air traffic control facilities so the facilities can be granted physical security accreditation not later than April 30, 2004; and (2) ensure that follow-up inspections are conducted, deficiencies are promptly corrected, and accreditation is kept current for all air traffic control facilities. (b) Reports.--Not later than April 30, 2001, and annually thereafter through April 30, 2004, the Administrator shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the progress being made in improving the physical security of air traffic control facilities, including the percentage of such facilities that have been granted physical security accreditation. SEC. 6. EXPLOSIVES DETECTION EQUIPMENT. Section 44903(c)(2) of title 49, United States Code, is amended by adding at the end the following: ``(C) Manual process.-- ``(i) In general.--The Administrator shall issue an amendment to air carrier security programs to require a manual process, at explosive detection system screen locations in airports where explosive detection equipment is underutilized, which will augment the Computer Assisted Passenger Prescreening System by randomly selecting additional checked bags for screening so that a minimum number of bags, as prescribed by the Administrator, are examined. ``(ii) Limitation on statutory construction.--Clause (i) shall not be construed to limit the ability of the Administrator to impose additional security measures on an air carrier or a foreign air carrier when a specific threat warrants such additional measures. ``(iii) Maximum use of explosive detection equipment.-- In prescribing the minimum number of bags to be examined under clause (i), the Administrator shall seek to maximize the use of the explosive detection equipment.''. SEC. 7. AIRPORT NOISE STUDY. (a) In General.--Section 745 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (49 U.S.C. 47501 note; 114 Stat. 178) is amended-- (1) in the section heading by striking ``general accounting office''; (2) in subsection (a) by striking ``Comptroller General of the United States shall'' and inserting ``Secretary shall enter into an agreement with the National Academy of Sciences to''; (3) in subsection (b)-- (A) by striking ``Comptroller General'' and inserting ``National Academy of Sciences''; (B) by striking paragraph (1); (C) by adding ``and'' at the end of paragraph (4); (D) by striking ``; and'' at the end of paragraph (5) and inserting a period; (E) by striking paragraph (6); and (F) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively; (4) by striking subsection (c) and inserting the following: ``(c) Report.--Not later than 18 months after the date of the agreement entered into under subsection (a), the National Academy of Sciences shall transmit to the Secretary a report on the results of the study. Upon receipt of the report, the Secretary shall transmit a copy of the report to the appropriate committees of Congress. ``(d) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section.''. (b) Conforming Amendment.--The table of contents for such Act (114 Stat. 61 et seq.) is amended by striking the item relating to section 745 and inserting the following: ``Sec. 745. Airport noise study.''. SEC. 8. TECHNICAL AMENDMENTS. (a) Federal Aviation Management Advisory Council.--Section 106(p)(2) is amended by striking ``15'' and inserting ``18''. (b) National Parks Air Tour Management.--Title VIII of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (49 U.S.C. 40128 note; 114 Stat. 185 et seq.) is amended-- (1) in section 803(c) by striking ``40126'' each place it appears and inserting ``40128''; (2) in section 804(b) by striking ``40126(e)(4)'' and inserting ``40128(f)''; and (3) in section 806 by striking ``40126'' and inserting ``40128''. (c) Restatement of Provision Without Substantive Change.--Section 41104(b) of title 49, United States Code, is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) In general.--Except as provided in paragraph (3), an air carrier, including an indirect air carrier, may not provide, in aircraft designed for more than 9 passenger seats, regularly scheduled charter air transportation for which the public is provided in advance a schedule containing the departure location, departure time, and arrival location of the flight unless such air transportation is to and from an airport that has an airport operating certificate issued under part 139 of title 14, Code of Federal Regulations (or any subsequent similar regulation).''; and (2) by adding at the end the following: ``(3) Exception.--This subsection does not apply to any airport in the State of Alaska or to any airport outside the United States.''. SEC. 9. EFFECTIVE DATE. Except as otherwise expressly provided, this Act and the amendments made by this Act shall take effect 30 days after the date of enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(Sec. 2) Amends Federal aviation law to require that a criminal history record check (fingerprint check) be done for any individual applying for a position as a security screener, a screener supervisor, or that will allow unescorted access to an aircraft or a secured area of an airport. Allows such persons during the first three years to work temporarily without a fingerprint check (provided such fingerprints have been submitted and an employment investigation has found no cause for suspicion) for 45 days during the first two years of such three year period, and for 30 days during the third year of such period. Requires all new employees, after the temporary periods, to have a fingerprint check before beginning work. Declares that an employment investigation shall not be required for an individual if a criminal history record check is completed before the individual begins working. Sets forth specified exceptions to the requirements of this Act. Lists additional crimes in the past ten years preceding an employment investigation for which an individual will be barred from employment in a position as a security screener or a position that will allow unescorted access. (Sec. 3) Directs the Administrator to issue a final rule on the certification of screening companies. Establishes new minimum standards for the training of security screeners. Directs the Administrator to work with air carriers and airports to ensure that computer-based training facilities intended for use by security screeners at an airport are conveniently located and easily accessible. (Sec. 4) Requires each airport operator, air carrier, and security screening company to include a list of sanctions published by the Administrator in its security program for use as guidelines in the discipline of its employees for infractions of airport access control requirements. Requires the Administrator to work with airport operators and air carriers to improve airport access controls by January 31, 2001. (Sec. 5) Directs the Administrator to take certain actions to ensure physical security at FAA staffed facilities that house air traffic control systems. Requires the Administrator to report to specified congressional committees on progress made in improving the physical security of air traffic control facilities, including the percentage of such facilities that have been granted physical security accreditation. (Sec. 6) Directs the Administrator to issue an amendment to air carrier security programs to require a manual process which will increase the number of checked bags that are selected for screening by explosive detection systems. (Sec. 7) Amends the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century to require the Secretary of Transportation to enter into an agreement with the National Academy of Sciences (currently, the General Accounting Office) to conduct a certain airport noise study. Requires the National Academy of Sciences to report the results of such study to the Secretary. Authorizes appropriations. (Sec. 8) Revises the total number of members of the Federal Aviation Management Advisory Council.

Airport Security Improvement Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Medal of Honor Memorial Coin Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) The Congressional Medal of Honor is the highest award for valor that can be bestowed upon a member of the Armed Forces of the United States. (2) The recipients of the Congressional Medal of Honor have conspicuously distinguished themselves by gallantry and intrepidity at the risk of their lives above and beyond the call of duty. (3) The National Medal of Honor Memorial at Riverside National Cemetery is a fitting monument to the heroes who have received the Congressional Medal of Honor. (4) The National Medal of Honor Memorial at Riverside National Cemetery honors the service and sacrifice of each of the recipients of the Congressional Medal of Honor. (5) The $1,700,000 required to build the National Medal of Honor Memorial at Riverside National Cemetery was raised solely through donations to the Riverside National Cemetery Congressional Medal of Honor Memorial Committee. (6) Substantial support exists among the people of the United States for the minting and issuance of coins in commemoration of the recipients of the Congressional Medal of Honor. (7) The people of the United States will be able to keep and hold the coins minted under this Act as a personal memorial to the many heroes who have received the Congressional Medal of Honor. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the recipients of the Congressional Medal of Honor, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following: (1) $5 Gold Coins.--Not more than 50,000 $5 coins, each of which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 Silver Coins.--Not more than 250,000 $1 coins, each of which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) In General.--The design of the coins minted under this Act shall be emblematic of the values and abilities necessary to earn the Congressional Medal of Honor, such as gallantry and intrepidity. (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 ``2005''; 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. 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) Period for Issuance.--The Secretary may issue coins minted under this Act only during the period beginning on January 1, 2005, and ending on December 31, 2005. 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 surcharges required by section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.--The Secretary shall accept prepaid orders received before the issuance of the coins minted under this Act. The sale prices with respect to such prepaid orders shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) Assessment.--Any sale by the Secretary of a coin minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, the proceeds from the surcharges received by the Secretary from the sale of coins issued under this Act shall be paid promptly by the Secretary to the Riverside National Cemetery Support Committee, a nonprofit organization established under the laws of the State of California, for the purposes of-- (1) maintaining the National Medal of Honor Memorial at Riverside National Cemetery; and (2) constructing and maintaining such memorials as the Riverside National Cemetery Support Committee and the Secretary of Veterans Affairs may jointly designate.

Congressional Medal of Honor Memorial Coin Act of 2003 - Directs the Secretary of the Treasury to mint and issue not more than 50,000 five dollar gold coins and 250,000 one dollar silver coins emblematic of the values and abilities necessary to earn the Congressional Medal of Honor. Requires the Secretary to pay the proceeds from the sale of such coins to the Riverside National Cemetery Support Committee for the purposes of: (1) maintaining the National Medal of Honor Memorial at Riverside National Cemetery; and (2) constructing and maintaining such memorials as the Committee and the Secretary of Veterans Affairs may jointly designate.

To require the Secretary of the Treasury to mint coins in commemoration of the recipients of the Congressional Medal of Honor.

SECTION 1. FINDINGS. Congress finds the following: (1) The roles of the Department of Defense and the Department of Homeland Security, and the resources necessary for homeland defense, are still evolving. (2) The decision to conduct an additional round of base closures and realignments in 2005 was developed before the tragic events of September 11, 2001. (3) The long-term, costs, and personnel requirements of Operation Enduring Freedom, Operation Noble Eagle, and Operation Iraqi Freedom are still unknown. (4) Additional funds are necessary to adequately supply the Armed Forces for current missions, while expediting military transformation. (5) The Congress will not have the opportunity to thoroughly review and consider the policy decisions culminating in the Global Posture Review before decisions regarding the closure and realignment of military installations will be required in the 2005 round of base closures and realignments. (6) The expected costs of implementing and executing base closures and realignments recommended in the 2005 round is estimated at $15,000,000,000 and net savings from such base closures and realignments will not be realized until approximately 2011. SEC. 2. TWO-YEAR POSTPONEMENT OF 2005 BASE CLOSURE AND REALIGNMENT ROUND. (a) Submittal of Recommendations Regarding Closure or Realignment of Military Installations.--Section 2914 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101- 510; 10 U.S.C. 2687 note), as added by section 3003 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1345), is amended-- (1) in the section heading, by striking ``2005'' and inserting ``2007''; and (2) in subsection (a), by striking ``May 16, 2005,'' and inserting ``May 16, 2007,''. (b) Commission Review and Recommendations.--Subsection (d) of such section is amended-- (1) in paragraphs (1) and (2), by striking ``September 8, 2005'' both places it appears and inserting ``September 8, 2007''; and (2) in paragraph (6)-- (A) by striking ``in 2005'' and inserting ``under this section''; and (B) by striking ``July 1, 2005'' and inserting ``July 1, 2007''. (c) Review by President and Transmittal to Congress.--Subsection (e) of such section is amended-- (1) in paragraph (1)-- (A) by striking ``in 2005'' and inserting ``under this section''; and (B) by striking ``September 23, 2005'' and inserting ``September 23, 2007''; (2) in paragraph (2), by striking ``October 20, 2005'' and inserting ``October 20, 2007''; and (3) in paragraph (3), by striking ``November 7, 2005'' and inserting ``November 7, 2007''. (d) Conforming Amendments.--(1) Section 2904(a)(3) of the Defense Base Closure and Realignment Act of 1990 is amended by striking ``in the 2005 report'' and inserting ``in a report submitted after 2001''. (2) Section 2906(e) of such Act is amended by striking ``2005'' and inserting ``2007''. (3) Section 2906A of such Act is amended-- (A) in the section heading, by striking ``2005'' and inserting ``2007''; and (B) by striking ``2005'' each place it appears and inserting ``2007''. (4) Section 2912 of such Act is amended-- (A) in the section heading, by striking ``2005'' and inserting ``2007''; (B) in subsection (a)(4), by striking ``fiscal year 2006'' and inserting ``fiscal year 2008''; (C) in subsections (b)(2) and (d), by striking ``in 2005'' each place it appears and inserting ``under section 2914''; (D) in subsection (d), by striking ``March 15, 2005'' both places it appears and inserting ``March 15, 2007''; (E) in subsection (d)(4), by striking ``calendar year 2005 and shall terminate on April 15, 2006'' and inserting ``calendar year 2007 and shall terminate on April 15, 2008''; and (F) in subsection (d)(5), by striking ``second session of the 108th Congress for the activities of the Commission in 2005'' and inserting ``second session of the 109th Congress for the activities of the Commission under section 2914''. (5) Section 2913 of such Act is amended-- (A) in the section heading, by striking ``2005'' and inserting ``2007''; (B) by striking ``in 2005'' each place it appears and inserting ``under section 2914''; (C) in subsection (e), by striking ``March 15, 2004'' and inserting ``March 15, 2006''.

Amends the Defense Base Closure and Realignment Act of 1990 to postpone until: (1) 2007 the implementation of recommendations for military base closures and realignments currently scheduled for 2005; and (2) corresponding dates two years later certain dates for reviews, recommendations, and reports related to to such closures and realignments.

To amend the Defense Base Closure and Realignment Act of 1990 to postpone the 2005 round of base closures and realignments until 2007.

SECTION 1. SHORT TITLE AND DEFINITIONS. (a) Short Title.--This Act may be cited as the ``National Renewable Energy Lands Act of 2002''. (b) Definitions.--For purposes of this Act: (1) The term ``renewable energy'' means electric energy generated by solar, wind, or geothermal power. (2) The term ``candidate sites'' means sites identified under section 4 as candidates for the siting of renewable energy production facilities. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The expedited development and deployment of energy efficiency and renewable energy technologies and resources in the United States will both increase our energy independence and contribute to ensuring our energy security. (2) Renewable energy facilities produce cleaner energy and have much less impact on the environment than conventional energy facilities and fuels in terms of air pollution, acid rain, and greenhouse gases. (3) The United States has abundant solar, wind, and geothermal resources on Federal lands providing, a tremendous potential for the development and deployment of renewable energy power. (4) The use of solar, wind, and geothermal technologies and resources can be enhanced through the use of integrated hydroelectric storage systems. (5) The development and deployment of renewable energy technologies and resources on Federal lands can be done in an expedited fashion consistent with the requirements of the Federal Land Management Policy Act of 1976 and the National Environmental Policy Act of 1969. SEC. 3. EVALUATION OF FEDERAL HYDROELECTRIC FACILITY CANDIDATE SITES. The Secretary of the Interior, acting through the Bureau of Reclamation and the Bureau of Land Management, and in consultation with the Federal Power Marketing Administrations and other appropriate Federal agencies, shall evaluate all Federal hydroelectric facilities on Federal lands and, within 1 year after the enactment of this Act, identify facilities that are candidates for interconnection with potential renewable energy generation facilities. Evaluation criteria to identify candidate facilities shall include-- (1) proximity of the hydroelectric facilities to Federal lands suitable for renewable energy projects; (2) existing transmission capacity infrastructure in proximity to the hydroelectric facilities; (3) the need for, and value of, enhanced peaking power production capability in conjunction with the hydroelectric facilities; (4) the value of increased Department of the Interior ability to address varied multiple-use concerns, such as water resource management, recreational and wildlife uses, deriving from the additional margins of generation potentially provided by collocated renewable energy production facilities; and (5) other criteria to be determined. SEC. 4. EVALUATION OF FEDERAL RENEWABLE ENERGY PRODUCTION CANDIDATE SITES. The Secretary of the Interior, acting through the Bureau of Reclamation and the Bureau of Land Management, and in consultation with the Federal Power Marketing Administrations and other appropriate Federal agencies, shall, within 1 year after the enactment of this Act, evaluate and identify potential renewable energy production sites on Federal lands. Evaluation criteria to identify candidate sites shall include each of the following: (1) Proximity to (A) hydroelectric facilities that are identified under section 3 as candidates for interconnection with potential renewable energy generation facilities, or (B) support infrastructure, including roadways, transmission lines, and other facilities. (2) Topography appropriate for solar, wind, or geothermal generation systems. (3) The absence of cultural or historic resources. (4) The impact of facilities on wildlife including the likelihood of interference with federally listed threatened or endangered species and their habitats. (5) The absence of any other potential impediments to the development of electric energy generation and transmission facilities. Upon completion of the evaluation, the Secretary shall publish a list of the sites that the Secretary finds to be qualified for the location of renewable energy facilities. Such list shall be made available for public comment for a period of at least 90 days. SEC. 5. ENGINEERING FEASIBILITY ANALYSIS. The Secretary of the Interior, acting through the Bureau of Reclamation and the Bureau of Land Management, and in consultation with other appropriate Federal agencies, shall complete an engineering feasibility analysis for sites that are identified under section 4 as candidate sites setting forth each of the following: (1) The capability and cost estimates of additional hydro- related transmission equipment additions (if any) based on pro forma power production increases in 1-percent increments up to a total of 10 percent of the subject hydrofacilities current production capacity. (2) An analysis of the potential financial benefits of coordinated operation of the potential renewable energy facilities located at the candidate sites with hydroelectric facilities on Federal lands. (3) An analysis of the potential environmental benefits to affected aquatic ecosystems arising from improved flexibility in hydrofacility water management attributable to collocated renewable energy systems. SEC. 6. LEASING. (a) In General.--Upon the completion of the engineering feasibility analysis under section 5 of this Act, the Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall expeditiously make the most promising of the candidate sites identified under section 4 available for long-term lease pursuant to a competitive bidding process to qualified renewable energy development firms. In identifying the candidate areas to be made available for leasing under this section, the Secretary shall locate such areas and determine the size of such areas in such manner as will (1) minimize the need for additional rights of way for transmission and for transportation, and (2) provide such lands to enable the lessee to expand the size of any initial facility to be constructed on the lease lands. (b) Advertising.--The Director of the Bureau of Land Management shall publicly advertise the terms and conditions of potential long- term lease agreements for the candidate sites. (c) Request for Proposals.--The Director of the Bureau of Land Management shall prepare a request for proposals to develop the candidate sites identified under section 4. (d) Issuance of Leases.--The leases issued under this section shall be for a period of not less than 30 years. (e) Commencement of Construction and Operation.--As a condition of any lease under this section, the Director of the Bureau of Land Management shall require lessees to commence construction of a renewable energy production facility within 24 months of the signing of the lease and be fully capable of producing electric energy for sale within 36 months of the signing of the lease for the public lands site. SEC. 7. GAO REPORT. The Comptroller General of the United States shall undertake an investigation of, and prepare and submit to the Congress a report on, the existing impediments to the construction of renewable energy projects on Federal lands and the measures, including legislative measures, necessary to expedite the development of such projects. SEC. 8. CONTRACT EXPIRATION. Upon expiration and renegotiation of any contract for the sale of electric energy generated by a Federal hydroelectric facility on Federal land, the interconnection of potential renewable energy sources to such facility shall be evaluated and implemented in accordance with the evaluation criteria as defined in section 3 of this Act.

National Renewable Energy Lands Act of 2002 - Instructs the Secretary of the Interior, acting through the Bureau of Reclamation and the Bureau of Land Management, to: (1) evaluate all Federal hydroelectric facilities on Federal lands and identify candidates for interconnection with potential renewable energy generation facilities; (2) evaluate and identify renewable energy production candidate sites on Federal lands; (3) complete an engineering feasibility analysis for such sites; and (4) expeditiously make the most promising of the candidate sites available for long-term lease pursuant to a competitive bidding process to qualified renewable energy development firms.Requires the Comptroller General to investigate and report to Congress on the existing impediments to construction of renewable energy projects on Federal lands and the measures necessary to expedite project development.

To allow for the augmentation of electric power production at hydroelectric facilities located on certain Federal lands by making other Federal lands available for renewable energy production, and for other purposes.

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

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

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

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Alternative Minimum Tax Repeal Act of 1995''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. ALTERNATIVE MINIMUM TAX. (a) In General.--Part VI of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to alternative minimum tax) is hereby repealed. (b) Conforming Amendments.-- (1) Subparagraph (B) of section 1(g)(7) (relating to election to claim certain unearned income of child on parent's return) is amended-- (A) by inserting ``and'' at the end of clause (i), (B) by striking ``and'' and the end of clause (ii) and inserting a period, and (C) by striking clause (iii). (2) Subsection (d) of section 2 (relating to taxes imposed on nonresident aliens) is amended by striking ``sections 1 and 55'' and inserting ``section 1''. (3) Subsection (a) of section 5 (relating to cross references relating to tax on individuals) is amended by striking paragraph (4). (4) Subsection (d) of section 11 (relating to taxes imposed on foreign corporations) is amended by striking ``the taxes imposed by subsection (a) and section 55'' and inserting ``the tax imposed by subsection (a)''. (5) Section 12 (relating to cross references relating to tax on corporations) is amended by striking paragraph (7). (6) Section 26 (relating to limitation based on tax liability; definition of tax liability) is amended-- (A) by amending subsection (a) to read as follows: ``(a) Limitation Based on Amount of Tax.--The aggregate amount of credits allowed by this subpart for the taxable year shall not exceed the taxpayer's regular tax liability for the taxable year.'', (B) in subsection (b)(2), by striking subparagraph (A) and by redesignating subparagraphs (B) through (N) as subparagraphs (A) through (M), respectively, and (C) by striking subsection (c). (7) Paragraph (3) of section 30(b) (relating to credit for qualified electric vehicles) is amended by striking ``the excess'' and all that follows and inserting ``the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 28, and 29.'' (8) Subsection (h) of section 32 (relating to reduction of credit to taxpayers subject to alternative minimum tax) is hereby repealed. (9) Subsection (c) of section 38 (relating to business related credits) is amended-- (A) by striking paragraphs (1) and (2) and inserting the following new paragraph: ``(1) In general.--The credit allowed under subsection (a) for any taxable year shall not exceed 25 percent of so much of the taxpayer's net regular tax liability as exceeds $25,000. For purposes of the preceding sentence, the term `net regular tax liability' means the regular tax liability reduced by the sum of the credits allowable under subparts A and B of this part.'', and (B) by redesignating paragraph (3) as paragraph (2). (10) Subsection (c) of section 53 is amended by striking ``the excess'' and all that follows and inserting ``the regular tax liability of the taxpayer for such taxable year reduced by the sum of the credits allowable under subparts A, B, D, E, and F of this part.'' (11) Subsection (b) of section 59A (relating to environmental tax) is amended by adding at the end the following: ``For purposes of this subsection, references to sections 55 and 56 shall be treated as references to such sections as in effect on the day before the date of the enactment of the Alternative Minimum Tax Repeal Act of 1995.''. (12)(A) Paragraph (2) of section 148(b) is amended by adding at the end the following new flush sentence: ``Such term shall not include any tax-exempt bond.'' (B) Paragraph (3) of section 148(b) (relating to higher yield investments) is hereby repealed. (13) Subparagraph (B) of section 149(g)(3) (relating to hedge bonds) is amended by striking all that follows ``invested in bonds'' and inserting ``the interest on which is not includible in gross income under section 103.'' (14) Section 173 (relating to circulation expenditures) is amended by striking ``(a) General Rule.--'' and by striking subsection (b). (15) Subsection (f) of section 174 (relating to research and experimental expenditures) is amended to read as follows: ``(f) Cross Reference.-- ``For adjustments to basis of property for amounts allowed as deductions as deferred expenses under subsection (b), see section 1016(a)(14).'' (16) Subsection (c) of section 263 (relating to capital expenditures) is amended by striking ``59(e) or''. (17) Subsection (c) of section 263A (relating to capitalization and inclusion in inventory costs of certain expenses) is amended by striking paragraph (6). (18) Section 382(l) (relating to net operating loss carryforwards and certain built-in losses following ownership change) is amended by striking paragraph (7). (19) Section 443 (relating to adjustment in computing minimum tax and tax preferences) is amended by striking subsection (d) and by redesignating subsection (e) as subsection (d). (20) Section 617 (relating to deduction and recapture of certain mining exploration expenditures) is amended by striking subsection (i). (21) Subsections (b) and (c) of section 666 (relating to accumulation distribution of trust allocated to preceding years) are each amended by striking ``(other than the tax imposed by section 55)''. (22) Section 847 (relating to special estimated tax payments) is amended-- (A) in paragraph (9), by striking the last sentence; (B) in paragraph (10), by inserting ``and'' at the end of subparagraph (A) and by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B). (23) Section 848 (relating to capitalization of certain policy acquisition expenses) is amended by striking subsection (i) and by redesignating subsection (j) as subsection (i). (24) Paragraph (1) of section 871(b) (relating to tax on nonresident alien individuals) is amended by striking ``, 55,''. (25) Subsection (b) of section 877 (relating to expatriation to avoid tax) is amended by striking ``, 55,''. (26) Paragraph (1) of section 882(a) is amended by striking ``55,''. (27) Subsection (a) of section 897 (relating to disposition of investment in United States real property) is amended to read as follows: ``(a) Treatment as Effectively Connected With United States Trade or Business.--For purposes of this title, gain or loss of a nonresident alien individual or a foreign corporation from the disposition of a United States real property interest shall be taken into account-- ``(1) in the case of a nonresident alien individual, under section 871(b)(1), or ``(2) in the case of a foreign corporation, under section 8872(a)(1), as if the taxpayer were engaged in a trade or business within the United States during the taxable year and as if such gain or loss were effectively connected with such trade or business.'' (28) Subsection (j) of section 904 (relating to limitation on credit) is amended to read as follows: ``(j) Cross Reference.-- ``For increase of limitation under subsection (a) for taxes paid with respect to amounts received which were included in the gross income of the taxpayer for a prior taxable year as a United States shareholder with respect to a controlled foreign corporation, see section 960(b).'' (29) Paragraph (1) of section 962(a) (relating to election by individuals to be subject to tax at corporate rates) is amended-- (A) by striking ``sections 1 and 55'' and inserting ``section 1'', and (B) by striking ``sections 11 and 55'' and inserting ``section 11''. (30) Paragraph (20) of section 1016(a) (relating to adjustments to basis) is amended by inserting ``, as in effect on the day before the date of the enactment of the Alternative Minimum Tax Repeal Act of 1995'' after ``preferences)''. (31) Subsection (a) of section 1561 (relating to limitations on certain multiple tax benefits in the case of certain controlled corporations) is amended by striking the last sentence. (32) Subparagraph (A) of section 6425(c)(1) (defining income tax liability) is amended-- (A) by inserting ``plus'' at the end of clause (i), and (B) by striking clause (ii) and by redesignating clause (iii) as clause (ii). (33) Section 6654(d)(2) (relating to failure by individual to pay estimated income tax) is amended-- (A) in clause (i) of subparagraph (B), by striking ``, alternative minimum taxable income,'', and (B) in clause (i) of subparagraph (C), by striking ``, alternative minimum taxable income,''. (34) Subparagraph (C) of section 6662(e)(3) (relating to accuracy-related penalty) is amended by inserting ``, as in effect on the day before the date of the enactment of the Alternative Minimum Tax Repeal Act of 1995'' after ``55(c)''. (c) Clerical Amendments.--The table of parts for subchapter A of chapter 1 is amended by striking the item relating to part VI. (d) Effective Date.--The amendments made by this section shall take effect in taxable years beginning after December 31, 1994.

Alternative Minimum Tax Repeal Act of 1995 - Amends the Internal Revenue Code to repeal the alternative minimum tax.

Alternative Minimum Tax Repeal Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Conservation Opportunity Fund Act of 2008'' or the ``ECO Fund Act of 2008''. SEC. 2. REVOLVING FUND FOR LOANS TO STATES AND INDIAN TRIBES TO CARRY OUT RENEWABLE ENERGY SOURCES ACTIVITIES. (a) Establishment of Fund.--There is established in the Treasury of the United States a revolving fund, to be known as the ``Alternative Energy Sources State Revolving Fund''. (b) Credits.--The Fund shall be credited with-- (1) any amounts appropriated to the Fund pursuant to subsection (g); (2) any amounts of principal and interest from loan repayments received by the Secretary pursuant to subsection (d)(7); and (3) any interest earned on investments of amounts in the Fund pursuant to subsection (e). (c) Expenditures.-- (1) In general.--Subject to paragraph (2), on request by the Secretary of Housing and Urban Development, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to provide loans under subsection (d)(1). (2) Administrative expenses.--Of the amounts in the Fund, not more than 5 percent shall be available for each fiscal year to pay the administrative expenses of the Department of Housing and Urban Development to carry out this section. (d) Loans to States and Indian Tribes.-- (1) In general.--The Secretary shall use amounts in the Fund to provide loans to States and Indian tribes to provide incentives to owners of single-family and multifamily housing, commercial properties, and public buildings to provide-- (A) renewable energy sources for such structures, such as wind, wave, solar, biomass, or geothermal energy sources, including incentives to companies and business to change their source of energy to such renewable energy sources and for changing the sources of energy for public buildings to such renewable energy sources; (B) energy efficiency and energy conserving improvements and features for such structures; or (C) infrastructure related to the delivery of electricity and hot water for structures lacking such amenities. (2) Eligibility.--To be eligible to receive a loan under this subsection, a State or Indian tribe, through an appropriate State or tribal agency, shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Criteria for approval.--The Secretary may approve an application of a State or Indian tribe under paragraph (2) only if the Secretary determines that the State or tribe will use the funds from the loan under this subsection to carry out a program to provide incentives described in paragraph (1) that-- (A) requires that any such renewable energy sources, and energy efficiency and energy conserving improvements and features, developed pursuant to assistance under the program result in compliance of the structure so improved with the energy efficiency requirements under section 2(a) of the; and (B) includes such compliance and audit requirements as the Secretary determines are necessary to ensure that the program is operated in a sound and effective manner. (4) Preference.--In making loans during each fiscal year, the Secretary shall give preference to States and Indian tribes that have not previously received a loan under this subsection. (5) Maximum amount.--The aggregate outstanding principal amount from loans under this subsection to any single State or Indian tribe may not exceed $500,000,000. (6) Loan terms.--Each loan under this subsection shall have a term to maturity of not more than 10 years and shall bear interest at annual rate, determined by the Secretary, that shall not exceed interest rate charged by the Federal Reserve Bank of New York to commercial banks and other depository institutions for very short-term loans under the primary credit program, as most recently published in the Federal Reserve Statistical Release on selected interest rates (daily or weekly), and commonly referred to as the H.15 release, preceding the date of a determination for purposes of applying this paragraph. (7) Loan repayment.--The Secretary shall require full repayment of each loan made under this section. (e) Investment of Amounts.-- (1) In general.--The Secretary of the Treasury shall invest such amounts in the Fund that are not, in the judgment of the Secretary of the Treasury, required to meet needs for current withdrawals. (2) Obligations of united states.--Investments may be made only in interest-bearing obligations of the United States. (f) Reports.-- (1) Reports to secretary.--For each year during the term of a loan made under subsection (d), the State or Indian tribe that received the loan shall submit to the Secretary a report describing the State or tribal alternative energy sources program for which the loan was made and the activities conducted under the program using the loan funds during that year. (2) Report to congress.--Not later than September 30 of each year that loans made under subsection (d) are outstanding, the Secretary shall submit a report to the Congress describing the total amount of such loans provided under subsection (d) to each eligible State and Indian tribe during the fiscal year ending on such date, and an evaluation on effectiveness of the Fund. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Fund $5,000,000,000. (h) Definitions.--For purposes of this section, the following definitions shall apply: (1) Indian tribe.--The term ``Indian tribe'' has the meaning given such term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103). (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (3) State.--The term ``State'' means each of the several States, the Commonwealth of Puerto Rico, the District of Columbia, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territories of the Pacific, or any other possession of the United States.

Energy Conservation Opportunity Fund Act of 2008 or the ECO Fund Act of 2008 - Establishes in the Treasury an Alternative Energy Sources State Revolving Fund. Directs the Secretary of Housing and Urban Development to use amounts in the Fund to provide loans to states and Indian tribes to provide incentives to owners of single family and multifamily housing, commercial properties, and public buildings to provide: (1) renewable energy sources, such as wind, wave, solar, biomass, or geothermal energy, for such structures; (2) energy efficiency and energy conserving improvements and features for such structures; or (3) infrastructure related to the delivery of electricity and hot water for structures lacking such amenities.

To establish a revolving loan fund to provide loans to States and Indian tribes to provide incentives to undertake activities to provide renewable energy sources for housing and other structures.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Neighborhood Integrity and Responsibility Act''. SEC. 2. RENT REASONABLENESS TEST. (a) Housing Certificate Program.--Section 8(c)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)(2)) is amended by adding at the end the following new subparagraph: ``(D)(i) Each public housing agency administering assistance provided under the housing certificate program under this section shall ensure that the rent charged for each dwelling unit assisted by the agency is reasonable in comparison with rents charged for comparable unassisted units available in the private residential rental market, by-- ``(I) reviewing all rents for units under consideration by families assisted under the certificate program; and ``(II) reviewing all rent increases for units under lease by families assisted under such program. If an agency determines that the rent (or rent increase) for a unit is not reasonable, the agency shall disapprove a lease for such unit. ``(ii) For purposes of this subparagraph, rent comparisons shall be conducted by comparing the rent of the assisted dwelling unit with the rent of comparable unassisted units that are located in a geographical area, determined by the agency and approved by the Secretary that-- ``(I) is geographically smaller than the applicable housing area used for the establishment of fair market rentals under paragraph (1); ``(II) has a continuous boundary; and ``(III) exhibits a commonality of geographic, demographic, housing, or other characteristics that make it appropriate for use under this subparagraph, including characteristics such as consisting of a recognized or identifiable neighborhood or geographic area, proximity to or identification with a particular location, structure, or feature, having a population with similar incomes, or containing housing a significant portion of which is similar in age, cost, type, or design.''. (b) Housing Voucher Program.--The last sentence of paragraph (10) of section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(10)) is amended by striking ``may'' and inserting ``shall''. (c) Condition on Receipt of Administrative Fees.--Section 8(q) of the United States Housing Act of 1937 (42 U.S.C. 1437f(q)) is amended by adding at the end the following new paragraph: ``(5) Notwithstanding any other provision of this subsection, the fee under this subsection attributable to any dwelling unit for any fiscal year may be paid to the public housing agency only if the agency has complied, during the preceding fiscal year, with the requirement under subsection (c)(2)(D) or (o)(10), as applicable, to such dwelling unit.''. SEC. 3. LIMITATION ON ASSISTED UNITS OWNED BY SINGLE OWNER. Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by inserting after subsection (k) the following new subsection: ``(l) Ownership Limitation.-- ``(1) In general.--Except as provided in paragraphs (2) and (3), a single public housing agency may not provide tenant- based assistance under this section for more than 5 dwelling units that are owned by any single owner. ``(2) Waiver.--A public housing agency may waive the applicability of the limitation under paragraph (1) with respect to an owner if the agency determines that all dwelling units owned by such owner and assisted or to be assisted with tenant-based assistance under this section are, at that time, in compliance with housing quality standards established by the Secretary for purposes of this section and any applicable State or local laws relating to housing habitability, construction, maintenance, safety, health, and sanitation. ``(3) Protection of current owners.-- ``(A) In general.--If, at any time, a single owner owns more than 5 protected dwelling units, such protected dwelling units in excess of 5 shall not be considered at such time for purposes of applying the numerical limitation under paragraph (1) to such owner. ``(B) Protected dwelling units.--A dwelling unit shall be considered to be a protected dwelling unit at any time for purposes of this paragraph only if the dwelling unit, at that time, is occupied by a tenant who-- ``(i) is an assisted family on whose behalf tenant-based assistance under this section is provided; ``(ii) on the date of the enactment of the Neighborhood Integrity and Responsibility Act occupied such unit and, at such time, was assisted with tenant-based assistance under this section; and ``(iii) has, without interruption since such date of enactment, continued to occupy such unit and continued to be assisted with such assistance. ``(4) Owner.--The Secretary shall issue regulations defining the term `single owner' for purposes of this subsection. The regulations shall provide that, with respect to any person or entity, any other person or entity owned or controlled by such person or entity (including any such affiliate or subsidiary of such person or entity) shall be considered a single owner for purposes of this subsection.''. SEC. 4. RENT PAID BY ASSISTED FAMILIES. (a) Exceptions to General Rent Rule.--Section 3(a)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437a(1)) is amended in the matter preceding subparagraph (A) by striking ``section 8(c)(3)(B)'' and inserting ``subparagraph (B) or (C) of section 8(c)(3)''. (b) Tenant Rent Payment Under Certificate Program.--Section 8(c)(3) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)(3)) is amended-- (1) in the first sentence of subparagraph (A), by inserting before the period at the end the following: ``or subparagraph (B) or (C) of this paragraph, as applicable''; and (2) in subparagraph (B)(i), by striking the matter that precedes clause I and inserting the following: ``(B)(i) Notwithstanding section 3(a)(1) and subparagraph (B) of this paragraph, a family receiving tenant-based assistance under subsection (b) may pay for rent more than the amount determined under such provisions if--''; (3) by redesignating subparagraph (B) (as so amended) as subparagraph (C); and (4) by inserting after subparagraph (A) the following new subparagraph: ``(B) A family on whose behalf tenant-based assistance under subsection (b) is provided for a dwelling unit having a maximum monthly rent under the contract equal to or exceeding 50 percent of the applicable fair market rental for the area shall pay as rent for the dwelling unit the greater of the following two amounts: ``(i) The amount determined for the family under section 3(a)(1). ``(ii) For a dwelling unit having a maximum monthly rent under the contract-- ``(I) that is equal to or exceeds 75 percent of the applicable fair market rental for the area, the amount that is equal to 50 percent of the contract rent for the unit. ``(II) that is equal to or exceeds 50 percent of the applicable fair market rental for the area but is less than 75 percent of such fair market rental, the amount that is equal to 30 percent of the contract rent for the unit.''. (c) Monthly Assistance Payment Under Voucher Program.--Section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is amended-- (1) in paragraph (2)-- (A) by striking ``The'' and inserting ``(A) Except as provided in paragraph (2), the''; and (B) by adding at the end the following new subparagraph: ``(B) The monthly assistance payment under this subsection for any family renting a dwelling unit having a rent equal to or exceeding 50 percent of the applicable payment standard for the area shall be the amount by which the payment standard exceeds the greater of the following two amounts: ``(i) The amount determined for the family pursuant to subparagraph (A). ``(ii) For a dwelling unit having a rent-- ``(I) that is equal to or exceeds 75 percent of the applicable payment standard for the area, the amount that is equal to 50 percent of the rent for the unit. ``(II) that is equal to or exceeds 50 percent of the applicable payment standard for the area but is less than 75 percent of such payment standard, the amount that is equal to 30 percent of the rent for the unit.''. (d) Conforming Amendments.--Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)(1)(B)) is amended-- (1) in clause (b) of the second sentence of subsection (c)(1), by striking ``paragraph (3)(B)'' and inserting ``paragraph (3)(C)''; and (2) in subsection (y)(6)(A), by striking ``Subsection (c)(3)(B)'' and inserting ``Subsection (c)(3)(C)''.

Neighborhood Integrity and Responsibility Act - Amends the United States Housing Act of 1937 to require public housing agencies (PHAs) administering the section 8 housing certificate program to: (1) ensure that program rents are reasonable in comparison with private rentals; and (2) disapprove leases that are not reasonable. Requires (currently authorizes) PHAs to disapprove leases that are not reasonable under the section 8 rental voucher program. Makes PHA administrative fee eligibility dependent upon compliance with such provisions. (Sec. 3) Prohibits (with exceptions) a PHA from providing section 8 tenant-based assistance for more than five units owned by any single owner. (Sec. 4) Revises tenant rent and monthly assistance provisions under the certificate and voucher programs.

Neighborhood Integrity and Responsibility Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cleaning Product Labeling Act of 2017''. SEC. 2. CLEANING PRODUCTS LABELING REQUIREMENT. (a) Labeling Requirement.--Beginning on the date that is 1 year after the date on which the Commission issues regulations under subsection (d), a cleaning product manufactured for sale, offered for sale, distributed in commerce, or imported to the United States after such date shall bear a label on the product's container or packaging with, and the manufacturer of the product shall include on the Internet website of the manufacturer (if the manufacturer maintains an Internet website), a complete and accurate list of all the product's ingredients, including the individual ingredients in dyes, fragrances, and preservatives. Ingredients shall be listed in accordance with the following: (1) Ingredients shall be listed in descending order of predominance in the product by weight, other than ingredients that constitute less than 1 percent of the product, which may be listed at the end in any order. (2) The list of ingredients on the Internet website of the product shall-- (A) include the CAS Registry Number of each ingredient; (B) include an explanation of each ingredient's purpose for being in the cleaning product; and (C) be available in English, Spanish, and any other language the Commission or Administration determines necessary to ensure that users of the product in the United States are informed as to the complete list of the product's ingredients and their function. (b) Treatment of Nonconforming Products.-- (1) Consumer products.--A cleaning product under the jurisdiction of the Commission that is not in conformity with the labeling requirements of subsection (a), including a product the manufacturer of which is not in compliance with the Internet website listing requirement with respect to such product, shall be treated as a substance defined in section 2(p) of the Federal Hazardous Substances Act (15 U.S.C. 1261(p)) for purposes of such Act. (2) Other cleaning products.--A cleaning product under the jurisdiction of the Occupational Safety and Health Administration that is not in conformity with the labeling requirements of subsection (a), including a product the manufacturer of which is not in compliance with the Internet website listing requirement with respect to such product, shall be treated as a product in violation of a rule promulgated under section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655). (c) No Effect on Existing Labeling Requirements.--Nothing in this Act shall be interpreted as having any effect on any labeling requirements in effect before the date of enactment of this Act as described in section 2(p) of the Federal Hazardous Substances Act (15 U.S.C. 1261(p)), section 3 of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472), or the Hazard Communication Standard of the Occupational Safety and Health Administration. (d) Rulemaking Authority of the Consumer Product Safety Commission.--Not later than 1 year after the date of the enactment of this Act, in consultation with the Administrator of the Environmental Protection Agency as necessary, the Commission shall issue regulations for cleaning products under the jurisdiction of the Commission-- (1) to ensure a standardized method of listing ingredients in an accessible, uniform, and legible manner on both the label and Internet website of a product as required by subsection (a); and (2) to provide for the effective enforcement of this Act. (e) Rulemaking Authority of the Occupational Safety and Health Administration.--Not later than 1 year after the date of the enactment of this Act, in consultation with the Administrator of the Environmental Protection Agency as necessary, the Secretary of Labor shall issue regulations, including occupational safety or health standards, for cleaning products under the jurisdiction of the Administration-- (1) to ensure a standardized method of listing ingredients in an accessible, uniform, and legible manner on both the label and website of a product as required by subsection (a); and (2) to provide for the effective enforcement of this Act. (f) Preservation of Existing Agency Jurisdiction.--Nothing in this Act shall be construed as having any effect on which cleaning products fall within the jurisdiction of the Commission or the Occupational Safety and Health Administration. SEC. 3. PUBLIC RIGHT TO KNOW PETITION. (a) Petition.--Any person may submit a petition to the agency of jurisdiction alleging that a cleaning product available in interstate commerce does not satisfy the labeling requirements of this Act, including a product the manufacturer of which is not in compliance with the requirement to list the product's ingredients on its Internet website. (b) Action by the Agency of Jurisdiction.--The agency of jurisdiction shall notify a petitioner of the receipt of a petition within 30 days after receipt of such petition. The agency shall investigate the claims made by the petition and make a determination as to the validity of such claims within 180 days after acknowledging the receipt of such petition. If the agency sustains the claim or claims made by the petition, the agency shall initiate the proper enforcement actions required by law. (c) Regulations.--The agency of jurisdiction may issue such regulations as it determines necessary to require that petitions include a reasonable evidentiary basis for the claims made therein. SEC. 4. RELATIONSHIP TO STATE LAWS. Nothing in this Act affects the right of a State or political subdivision of a State to adopt or enforce any regulation, requirement, or standard of performance that is different from, or in addition to, a regulation, requirement, liability, or standard of performance established pursuant to this Act unless compliance with both this Act and the State or political subdivision of a State regulation, requirement, or standard of performance is impossible, in which case the applicable provision of this Act shall control. SEC. 5. DEFINITIONS. In this Act: (1) Agency of jurisdiction.--The term ``agency of jurisdiction'' means the Occupational Safety and Health Administration with respect to cleaning products and matters under the jurisdiction of the Administration and the Commission with respect to cleaning products and matters under the jurisdiction of the Commission. (2) Air care product.--The term ``air care product'' means a mixture of one or more chemicals the purpose of which is to clean and freshen air or to deodorize and neutralize unwanted odors in the indoor air, including solid gels, air freshener spray, an outlet or battery operated air freshener, a hanging car air freshener, and a potpourri product. (3) Automotive product.--The term ``automotive product'' means a chemically formulated consumer product designed to maintain the appearance of a motor vehicle, but does not include automotive paint or a paint repair product. (4) Cleaning product.--The term ``cleaning product'' means any chemically formulated product used primarily for commercial, domestic, or institutional cleaning purposes, including an air care product, automotive product, disinfectant (except as provided in subparagraph (B)), and polish or floor maintenance product. Such term shall not include-- (A) any drug or cosmetic, including personal care items such as toothpaste, shampoo, and hand soap; or (B) a product labeled, advertised, marketed, and distributed for use only as a pesticide, as defined by section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(u)), including a disinfectant intended for use solely on critical or semi-critical devices as described by such section. (5) Commission.--The term ``Commission'' means the Consumer Product Safety Commission. (6) Ingredient.--The term ``ingredient'' means a chemical intentionally incorporated in a cleaning product, including-- (A) a chemical intentionally added to the product that provides a technical or functional effect; (B) the intentional breakdown product of a chemical that has an effect on the cleaning product; (C) with respect to a fragrance or preservative, each individual component part of the fragrance or preservative; and (D) any individual component of an ingredient or of an incidental ingredient that the Commission determines should be considered an ingredient. (7) Incidental ingredient.--The term ``incidental ingredient'' means a chemical in a cleaning product, including-- (A) any substance that is present by reason of having been added to a cleaning product during processing for its technical or functional effect; (B) a chemical that has no technical or functional effect but is present by reason of having been incorporated into the cleaning product as a component of an ingredient of another chemical; and (C) any contaminant that may form via reactions over the shelf life of a cleaning product and that may be present at levels where detection is technologically feasible. (8) Polish or floor maintenance product.--The term ``polish or floor maintenance product'' means a chemically formulated consumer product designed to polish, protect, or maintain furniture, floors, metal, leather, or other surfaces, including polish, wax, and restorer. (9) Secretary of labor.--The term ``Secretary of Labor'' means the Secretary of Labor, acting through the Assistant Secretary of Labor for Occupational Safety and Health.

Cleaning Product Labeling Act of 2017 This bill requires chemically formulated cleaning products to bear a label with, and requires manufacturers to include on their Internet websites, a list of all of the product's ingredients (including individual ingredients in dyes, fragrances, and preservatives) in descending order of predominance by weight, except that ingredients that constitute less than 1% of the product can be listed at the end in any order. Product websites must include: (1) the CAS Registry Number of each ingredient, and (2) an explanation of each ingredient's purpose. A product that is not in conformity with the labeling and website listing requirements shall be treated as: (1) a misbranded hazardous substance under the Federal Hazardous Substances Act if it is under the jurisdiction of the Consumer Product Safety Commission (CPSC), or (2) a violation of rules under the Occupational Safety and Health Act of 1970 if it is under the jurisdiction of the Occupational Safety and Health Administration (OSHA). The CPSC and OSHA must issue regulations to enforce this bill. A person may petition the CPSC or OSHA to investigate claims that a product does not satisfy these requirements.

Cleaning Product Labeling Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Adoption Equality Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In 1997, Congress enacted the Adoption and Safe Families Act of 1997 (Public Law 105-89; 111 Stat. 2115), clearly stating that a child's health and safety are paramount, and that each child deserves a permanent home. (2) The Adoption and Safe Families Act of 1997 provides incentives for adoptions, and for fiscal year 2005, States placed nearly 52,000 children from State care. (3) In 2003, the Adoption Promotion Act (Public Law 108- 145, 117 Stat. 1879), which reauthorized the incentive program, gave greater emphasis on moving older children into permanency. (4) Despite the increase in adoptions, in 2005, more than 115,000 children in foster care were waiting to be adopted. (5) Some States have chosen to limit services provided to special needs adopted children who are not eligible for adoption assistance under part E of title IV of the Social Security Act, in effect discriminating against a child whose parental rights have been terminated by basing the child's eligibility for such assistance on the financial status of adults who are no longer the child's legal parents. (6) These children have many special needs and require Federal financial assistance and support to start the physical and emotional healing after what may have been past years of abuse and neglect. SEC. 3. PROMOTION OF ADOPTION OF CHILDREN WITH SPECIAL NEEDS. (a) In General.--Section 473(a)(2) of the Social Security Act (42 U.S.C. 673(a)(2)) is amended to read as follows: ``(2)(A) For purposes of paragraph (1)(B)(ii), a child meets the requirements of this paragraph if the child-- ``(i)(I) at the time of termination of parental rights, was in the care of a public or licensed private child placement agency or Indian tribal organization pursuant to a voluntary placement agreement, relinquishment, or involuntary removal of the child from the home, and the State has determined, pursuant to criteria established by the State, that continuation in the home would be contrary to the safety or welfare of the child; ``(II) meets all medical or disability requirements of title XVI with respect to eligibility for supplemental security income benefits; or ``(III) was residing in a foster family home or child care institution with a minor parent of the child pursuant to a voluntary placement agreement, relinquishment, or involuntary removal of the child from the home, and the State has determined, pursuant to criteria established by the State, that continuation in the home would be contrary to the safety or welfare of the child; and ``(ii) has been determined by the State, pursuant to subsection (c), to be a child with special needs, which needs shall be considered by the State, together with the circumstances of the adopting parents, in determining the amount of any payments to be made to the adoptive parents. ``(B) Notwithstanding any other provision of law, and except as provided in paragraph (7), a child who is not a citizen or resident of the United States, who is lawfully present in the United States, and who meets the requirements of subparagraph (A) shall be treated as meeting the requirements of this paragraph for purposes of paragraph (1)(B)(ii). ``(C) A child who meets the requirements of subparagraph (A) of this paragraph, who was determined eligible for adoption assistance payments under this part with respect to a prior adoption (or who would have been determined eligible for such payments had the Adoption and Safe Families Act of 1997 been in effect at the time that such determination would have been made), and who is available for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated, or because the child's adoptive parents have died, shall be treated as meeting the requirements of this paragraph for purposes of paragraph (1)(B)(ii).''. (b) Exception.--Section 473(a) of such Act (42 U.S.C. 673(a)) is amended by adding at the end the following: ``(7)(A) Notwithstanding any other provision of this subsection, a State shall not make a payment pursuant to this section to parents with respect to a child considered by a State to be a special needs child if the child-- ``(i) is not a citizen or resident of the United States; and ``(ii) was adopted outside of the United States or was brought into the United States for the purpose of being adopted. ``(B) Subparagraph (A) shall not be construed as prohibiting payments under this part for a child described in subparagraph (A) that is placed in foster care subsequent to the failure, as determined by the State, of the initial adoption of the child by the parents described in such subparagraph.''. (c) Determination of a Child With Special Needs.--Section 473(c)(1) of such Act (42 U.S.C. 673(c)(1)) is amended to read as follows: ``(1)(A) the State has determined, pursuant to criteria established by the State, that the child cannot or should not be returned to the home of his or her parents; or ``(B) the child meets all medical or disability requirements of title XVI with respect to eligibility for supplemental security income benefits; and''. SEC. 4. SENSE OF THE CONGRESS. It is the sense of the Congress that the States should reinvest in child welfare programs any savings resulting from the implementation of the amendments made by this Act. SEC. 5. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect on October 1, 2008, and shall apply with respect to adoption assistance agreements entered into, and to payments under part E 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) Delay Permitted if State Legislation Required.--If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan approved under part E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this Act, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.

Adoption Equality Act of 2007 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to revise requirements for children with special needs in the adoption assistance program. Requires that the child be in the care of a public or licensed private child placement agency or Indian tribal organization pursuant to a voluntary placement agreement, relinquishment, or involuntary removal of the child from the home, where the state has determined that continuation in the home would be contrary to the child's safety or welfare. Specifies related requirements. Prohibits adoption assistance to parents with respect to a child who is not a U.S. citizen or resident, and who was adopted outside of the United States or brought into the United States for the purposes of being adopted. Expresses the sense of the Congress that the states should reinvest in child welfare programs any savings resulting from the implementation of this Act.

To amend part E of title IV of the Social Security Act to promote the adoption of children with special needs.

SECTION 1. INVESTMENT CREDIT FOR STAGE 3 AIRCRAFT MODIFICATIONS. (a) Allowance of Credit.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end the following new paragraph: ``(4) the stage 3 aircraft modification credit.'' (b) Amount of Credit.--Section 48 of such Code is amended by adding at the end the following new subsection: ``(c) Stage 3 Aircraft Modification Credit.-- ``(1) In general.--For purposes of section 46, the stage 3 aircraft modification credit is the stage 3 aircraft modification percentage of the basis of each stage 3 aircraft modification property placed in service during the taxable year. ``(2) Stage 3 aircraft modification percentage.--The stage 3 aircraft modification percentage is 10 percent. ``(3) Qualified stage 3 aircraft modification property.-- For purposes of this subpart-- ``(A) In general.--The term `qualified stage 3 aircraft modification property' means tangible property-- ``(i) which is an integral part of and modification of a nonstage 3 aircraft (including the installation of different engines or the retrofit of the existing engines with sound attenuation devices), ``(ii) which is certificated by the Federal Aviation Administration and is made to qualify the aircraft for the stage 3 noise level requirements, and ``(iii) the original use of which begins with the taxpayer. ``(B) Stage 3 noise level.--The term `stage 3 noise level' has the meaning given such term by section 36.1(f)(5) of title 14, Code of Regulations (as in effect on February 15, 1993). ``(C) Nonstage 3 aircraft.--The term `nonstage 3 aircraft' means an aircraft with a maximum gross takeoff weight in excess of 75,000 pounds which did not meet the stage 3 noise level requirements before the stage 3 aircraft modification property was installed. ``(4) Special rule for certain purchases and leases.--For purposes of paragraph (3)(A)(iii), a qualified stage 3 aircraft modification property shall be treated as originally placed in service by a person if it is sold to such person or is leased by such person within 3 months of the date such modifications are made.'' (c) Stage 3 Aircraft Modification Credit Allowable Against Regular Tax and Alternative Minimum Tax.--Subsection (c) of section 38 of such Code (relating to limitation based on amount of tax) is amended by adding at the end the following new paragraph: ``(3) Special rules for stage 3 aircraft modification credit.-- ``(A) Liability for tax.--In the case of the stage 3 aircraft modification credit, the credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(i) the sum of-- ``(I) the taxpayer's tentative minimum tax liability under section 55(b) for such taxable year determined without regard to the stage 3 aircraft modification credit, plus ``(II) the taxpayer's regular tax liability for such taxable year (as defined in section 26(b)), over ``(ii) the sum of the credits allowable against the taxpayer's regular tax liability under part IV (other than section 34 and the stage 3 aircraft modification credit). ``(B) Application of the credit.--Each of the following amounts shall be reduced by the full amount of the credit determined under subparagraph (A): ``(i) the taxpayer's tentative minimum tax under section 55(b) for the taxable year, and ``(ii) the taxpayer's regular tax liability (as defined in section 26(b)) reduced by the sum of the credits allowable under part IV (other than section 34 and the stage 3 aircraft modification credit). If the amount of the credit determined under subparagraph (A) exceeds the amount described in clause (ii) of subparagraph (B), then the excess shall be deemed to be the adjusted net minimum tax for such taxable year for purposes of section 53.'' (d) Technical and Conforming Amendments.-- (1) Paragraph (1) of section 38(c) of such Code is amended by striking ``The credit'' and inserting ``Except as provided in paragraph (3), the credit''. (2) Paragraph (2) of section 55(c) of such Code is amended-- (A) by striking ``For provisions'' and inserting ``(A) For provisions'', and (B) by adding at the end the following new subparagraph: ``(B) For provisions allowing the stage 3 aircraft modification credit against the tax imposed by this section, see section 38(c)(3).'' (3) Section 49(a)(1)(C) of such Code is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) the basis of any qualified stage 3 aircraft modification property.'' (4)(A) The section heading for section 48 of such Code is amended to read as follows: ``SEC. 48. OTHER CREDITS.'' (B) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 48 and inserting the following: ``Sec. 48. Other credits.'' (e) Effective Date.--The amendments made by this section apply to stage 3 aircraft modification property completed after December 31, 1991, and placed in service after December 31, 1991, and before January 1, 1997.

Amends the Internal Revenue Code to allow businesses an investment tax credit for costs incurred for noise modification of aircraft from stage 2 levels to stage 3 levels. Allows such credit against the regular tax and alternative minimum tax.

To amend the Internal Revenue Code of 1986 to provide an investment tax credit for Stage 3 aircraft.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Budget Office Improvement Act of 1998''. SEC. 2. ESTABLISHMENT OF CBO CONGRESSIONAL BUDGET BOARD AND ECONOMIC ADVISORY COUNCIL. (a) Congressional Budget Board and Economic Advisory Council.-- Title II of the Congressional Budget Act of 1974 (2 U.S.C. 601 et seq.) is amended by adding at the end thereof the following new sections: ``congressional budget board ``Sec. 204. (a) Establishment and Functions.--There shall be a Congressional Budget Office Board (referred to as the `Board'), which shall-- ``(1) provide general oversight of the operations of the Office, including monitoring, reviewing, and evaluating the performance of the Office; ``(2) approve in advance the undertaking by the Office of any studies and the publication of any reports in addition to those required by law that the Director may propose to undertake or publish as an appropriate undertaking in furtherance of the purposes for which the Office is established; and ``(3) provide general guidance to the Director in the formulation and implementation of procedures and policies for the Office. ``(b) Membership.--The Board shall consist of 13 members as follows: ``(1) 6 Members of the Senate, appointed by the President pro tempore of the Senate, 3 from the majority party and 3 from the minority party; ``(2) 6 Members of the House of Representatives appointed by the Speaker of the House of Representatives, 3 from the majority party and 3 from the minority party; and ``(3) the Director, who shall not be a voting member. ``(c) Execution of Functions During Vacancies; Filling of Vacancies.--Vacancies in the membership of the Board shall not affect the power of the remaining members to execute the functions of the Board and shall be filled in the same manner as the original appointment. ``(d) Chairman and Vice Chairman; Selection Procedure.--(1) The Board shall select a chairman and vice chairman from among its members at the beginning of each Congress. ``(2) The vice chairman shall act in the place and stead of the chairman in the absence of the chairman. ``(3) The chairmanship and vice chairmanship shall alternate between the Senate and the House of Representatives with each Congress. ``(4) The chairman during each even-numbered Congress shall be selected by the Members of the House of Representatives on the Board from among their number. ``(5) The vice chairman during each Congress shall be chosen in the same manner from that House of Congress other than the House of Congress of which the chairman is a Member. ``(e) Meetings; Powers of Board.--(1) The Board may sit and act at such places and times during the sessions, recesses, and adjournment periods of Congress, and upon a vote of a majority of its members, require by subpoena or otherwise the attendance of such witnesses and the production of such books, papers, and documents, administer such oaths and affirmations, take such testimony, procure such printing and binding, and make such expenditures, as the Board deems advisable. ``(2) The Board may make such rules respecting its organization and procedures as it deems necessary, except that no recommendation shall be reported from the Board unless a majority of the Board assent. ``(3) The chairman of the Board or any voting member thereof may administer oaths or affirmations to witnesses. ``advisory council ``Sec. 205. (a) Establishment; Duties.--The Office shall establish an Economic Advisory Council (referred to as the `Council') which shall-- ``(1) review and make recommendations to the Board on activities undertaken by the Office; ``(2) evaluate the quality and objectivity of research performed by the Office and the reports that result from that research; and ``(3) undertake such additional related tasks as the Board may direct. ``(b) Composition.--The Council shall be composed of 12 members of the public, appointed by the Board, who shall be persons eminent in the fields of-- ``(1) public finance; ``(2) economics of taxation and microeconomics; and ``(3) macroeconomics. ``(c) Chairman and Vice Chairman; Terms and Conditions of Service.--(1) The Council, by majority vote, shall elect from its members a chairman and vice chairman, who shall serve for such time and under such conditions as the Council may prescribe. ``(2) In the absence of the chairman, or in the event of the chairman's incapacity, the vice chairman shall act as chairman. ``(d) Terms of Office; Reappointment.--(1) The term of office of each member of the Council shall be 4 years, except that any such member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of that term. ``(2) No person shall be appointed a member of the Council more than twice. ``(3) Terms of the members of the Council shall be staggered so as to establish a rotating membership according to such method as the Board may devise. ``(e) Compensation and Reimbursement for Travel, Subsistence, and Other Necessary Expenses.--The members of the Council shall receive compensation for each day engaged in the actual performance of duties vested in the Council at rates of pay not in excess of the daily equivalent of the highest rate of basic pay set forth in the General Schedule of section 5332(a) of title 5, and shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of duties vested in the Council, without regard to subchapter 1 of chapter 57 and section 5731 of title 5. ``disclosure of assumptions ``Sec. 205. Any report to Congress or to the public made by the Office that contains an estimate of the effect that legislation will have on revenues or expenditures shall be accompanied by a written statement fully disclosing the economic, technical, and behavioral assumptions that were made in producing the estimate.''. (b) Effective Date.--The amendment made by subsection (a) shall become effective January 1, 1999.

Congressional Budget Office Improvement Act of 1998 - Amends the Congressional Budget Act of 1974 to establish a Congressional Budget Office Board to: (1) provide general oversight of Congressional Budget Office (CBO) operations; (2) approve in advance the undertaking of Office studies and publication of reports that the CBO Director may propose; and (3) provide general guidance to the Director in the formulation and implementation of CBO procedures and policies. Directs CBO to establish an Economic Advisory Council to: (1) review and make recommendations to the Board on CBO activities; (2) evaluate the quality and objectivity of CBO research and reports; and (3) undertake additional related tasks as the Board may direct. Requires any CBO report to the Congress or the public that contains an estimate of the effect that legislation will have on revenues or expenditures to be accompanied by a written statement disclosing the economic, technical, and behavioral assumptions that were made in producing the estimate.

Congressional Budget Office Improvement Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Informed P2P User Act''. SEC. 2. CONDUCT PROHIBITED. (a) Notice and Consent Required for File-sharing Software.-- (1) Notice and consent required prior to installation.--It is unlawful for any covered entity to install on a protected computer or offer or make available for installation or download on a protected computer a covered file-sharing program unless such program-- (A) immediately prior to the installation or downloading of such program-- (i) provides clear and conspicuous notice that such program allows files on the protected computer to be made available for searching by and copying to one or more other computers; and (ii) obtains the informed consent to the installation of such program from an owner or authorized user of the protected computer; and (B) immediately prior to initial activation of a file-sharing function of such program-- (i) provides clear and conspicuous notice of which files on the protected computer are to be made available for searching by and copying to another computer; and (ii) obtains the informed consent from an owner or authorized user of the protected computer for such files to be made available for searching and copying to another computer. (2) Non-application to pre-installed software.--Nothing in paragraph (1)(A) shall apply to the installation of a covered file-sharing program on a computer prior to the first sale of such computer to an end user, provided that notice is provided to the end user who first purchases the computer that such a program has been installed on the computer. (3) Non-application to software upgrades.--Once the notice and consent requirements of paragraphs (1)(A) and (1)(B) have been satisfied with respect to the installation or initial activation of a covered file-sharing program on a protected computer after the effective date of this Act, the notice and consent requirements of paragraphs (1)(A) and (1)(B) do not apply to the installation or initial activation of software modifications or upgrades to a covered file-sharing program installed on that protected computer at the time of the software modifications or upgrades so long as those software modifications or upgrades do not-- (A) make files on the protected computer available for searching by and copying to one or more other computers that were not already made available by the covered file-sharing program for searching by and copying to one or more other computers; or (B) add to the types or locations of files that can be made available by the covered file-sharing program for searching by and copying to one or more other computers. (b) Preventing the Disabling or Removal of Certain Software.--It is unlawful for any covered entity-- (1) to prevent the reasonable efforts of an owner or authorized user of a protected computer from blocking the installation of a covered file-sharing program or file-sharing function thereof; or (2) to prevent an owner or authorized user of a protected computer from having a reasonable means to either-- (A) disable from the protected computer any covered file-sharing program; or (B) remove from the protected computer any covered file-sharing program that the covered entity caused to be installed on that computer or induced another individual to install. SEC. 3. ENFORCEMENT. (a) Unfair and Deceptive Acts and Practices.--A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Federal Trade Commission Enforcement.--The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (c) Preservation of Federal and State Authority.--Nothing in this Act shall be construed to limit or supersede any other Federal or State law. SEC. 4. DEFINITIONS. As used in this Act-- (1) the term ``commercial entity'' means an entity engaged in acts or practices in or affecting commerce, as such term is defined in section 4 of the Federal Trade Commission Act (15 U.S.C. 44); (2) the term ``covered entity'' means-- (A) a commercial entity that develops a covered file-sharing program; and (B) a commercial entity that disseminates or distributes a covered file-sharing program and is owned or operated by the commercial entity that developed the covered file-sharing program; (3) the term ``protected computer'' has the meaning given such term in section 1030(e)(2) of title 18, United States Code; and (4) the term ``covered file-sharing program''-- (A) means a program, application, or software that is commercially marketed or distributed to the public and that enables-- (i) a file or files on the protected computer on which such program is installed to be designated as available for searching by and copying to one or more other computers owned by another person; (ii) the searching of files on the protected computer on which such program is installed and the copying of any such file to a computer owned by another person-- (I) at the initiative of such other computer and without requiring any action by an owner or authorized user of the protected computer on which such program is installed; and (II) without requiring an owner or authorized user of the protected computer on which such program is installed to have selected or designated a computer owned by another person as the recipient of any such file; and (iii) the protected computer on which such program is installed to search files on one or more other computers owned by another person using the same or a compatible program, application, or software, and to copy files from the other computer to such protected computer; and (B) does not include a program, application, or software designed primarily to-- (i) operate as a server that is accessible over the Internet using the Internet Domain Name system; (ii) transmit or receive email messages, instant messaging, real-time audio or video communications, or real-time voice communications; or (iii) provide network or computer security, network management, hosting and backup services, maintenance, diagnostics, technical support or repair, or to detect or prevent fraudulent activities; and (5) the term ``initial activation of a file-sharing function'' means-- (A) the first time the file sharing function of a covered file-sharing program is activated on a protected computer; and (B) does not include subsequent uses of the program on that protected computer. SEC. 5. RULEMAKING. The Federal Trade Commission may promulgate regulations under section 553 of title 5, United States Code to accomplish the purposes of this Act. In promulgating rules under this Act, the Federal Trade Commission shall not require the deployment or use of any specific products or technologies. SEC. 6. NONAPPLICATION TO GOVERNMENT. The prohibition in section 2 of this Act shall not apply to the Federal Government or any instrumentality of the Federal Government, nor to any State government or government of a subdivision of a State. Passed the House of Representatives December 8, 2009. Attest: LORRAINE C. MILLER, Clerk.

Informed P2P User Act - (Sec. 2) Makes it unlawful for any commercial entity that developed a file sharing program or distributed such a program (if the distributor is owned by the developing entity) to install, make available for installation, or download a file sharing program without: (1) immediately before program installation or downloading, providing conspicuous notice that the program allows files to be searched and copied by one or more other computers and obtaining informed consent to the installation from an owner; and (2) immediately before initial activation of a file sharing function of the program, providing conspicuous notice of which files will be made available and obtaining the owner's informed consent. Exempts: (1) modifications or upgrades of a program that was originally installed in compliance with this Act, provided certain requirements are met; and (2) pre-installed software. Makes it unlawful for such an entity to prevent the reasonable efforts of an owner or authorized user to block the installation of such a program or to prevent such a user from having a reasonable way to disable or remove the program. (Sec. 3) Treats a violation of this Act as a violation of a rule defining an unfair or deceptive act or practice prescribed under the Federal Trade Commission Act. Prohibits construing this Act to limit or supersede any other federal or state law. (Sec. 4) Defines "protected computer" to include a computer used by a financial institution or the federal government or which is used in or affecting interstate or foreign commerce or communication, including a computer located outside the United States that is used in a way that affects U.S. interstate or foreign commerce. (Sec. 6) Makes this Act inapplicable to the federal or any state government or subdivision.

To prevent the inadvertent disclosure of information on a computer through the use of certain "peer-to-peer" file sharing programs without first providing notice and obtaining consent from an owner or authorized user of the computer.

SECTION 1. CDFI SMALL DOLLAR LOAN-LOSS GUARANTEE FUND. The Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4701 et seq.) is amended by adding at the end the following: ``SEC. 122. CDFI SMALL DOLLAR LOAN-LOSS GUARANTEE FUND. ``(a) Purpose.--The purpose of this section are to establish a small dollar loan-loss guarantee fund to-- ``(1) serve as a loss reserve for qualifying loans to consumers offered by eligible financial institutions; ``(2) increase the number of qualifying loan products offered to consumers by such institutions; and ``(3) increase consumer access to mainstream financial institutions and provide consumers with alternative choices to pay day loans. ``(b) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Consumer reporting agency that compiles and maintains files on consumers on a nationwide basis.--The term `consumer reporting agency that compiles and maintains files on consumers on a nationwide basis' has the same meaning given such term in section 603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p)). ``(2) Eligible financial institution.--The term `eligible financial institution' means-- ``(A) any community development financial institution, provided that if such institution is subject to examination under the Community Reinvestment Act of 1977, that such institution received a satisfactory or an outstanding rating in meeting the needs of the community as part of its last examination under such Act; and ``(B) any other entity, organization, or institution whose primary mission is to serve low- to moderate-income individuals, as determined appropriate by the Administrator. ``(3) Fund.--The term `Fund' means the CDFI Small Dollar Loan-Loss Guarantee Fund established under subsection (c). ``(4) Qualifying loan.--The term `qualifying loan' means a loan that satisfies the following requirements: ``(A) The loan is made to a consumer by an eligible financial institution. ``(B) The loan is made in an amount not exceeding $2,500. ``(C) The loan-- ``(i) has a repayment period of at least 60 days; ``(ii) is repaid in installments, and such installment payments result in the reduction in the principle balance owed on the loan; ``(iii) has an annual percentage rate that the Administrator determines to be acceptable through the application process for the purposes of this section, but in no event shall such annual percentage rate exceed 36 percent; and ``(iv) has no pre-payment penalty. ``(D) At the time of origination of the loan, the eligible financial institution that made the loan offered the consumer information. ``(E) The eligible financial institution making the loan reports payments regarding the loan to at least 1 of the consumer reporting agencies that compiles and maintains files on consumers on a nationwide basis. ``(c) Establishment.-- ``(1) In general.--There is established a CDFI Small Dollar Loan-Loss Guarantee Fund, which shall be used by the Administrator to defray the cost of losses on qualifying loans to consumers made by eligible financial institutions. ``(2) Use of fund amounts.-- ``(A) Reimbursement.--From amounts available in the Fund, the Administrator may provide reimbursement of a qualifying loan loss that is up to 60 percent of the loss on the qualifying loan to an eligible financial institution that has submitted an application pursuant to the requirements of subparagraph (B). The Administrator shall take into consideration the overall default rates of the qualifying loan portfolio in an eligible financial institution when determining the reimbursement rate of loan loss. ``(B) Application.--In order to receive any amounts from the Fund under this section, each eligible financial institution shall submit an application at such time, in, such form, and with such information and assurances as the Administrator may require. ``(3) Deposits.-- ``(A) In general.--The Fund shall consist of-- ``(i) any amounts deposited pursuant to subsection (d)(4); ``(ii) any amounts borrowed pursuant to subsection (e); ``(iii) a portion, as determined by the Administrator, of the proceeds of fees collected by an eligible financial institution for the origination of the qualifying loans to consumers; and ``(iv) any amounts transferred, credited, donated, or bequeathed to the Fund by any individual, foundation, corporation, or other legal entity. ``(B) Solvency of fund.--In making the determination required under subparagraph (A), the Administrator shall give priority consideration to that amount that would best protect and ensure the solvency of the Fund. ``(C) Investment authority.--Funds that are not otherwise distributed by the Fund to eligible financial institutions for reimbursement of qualifying loan losses shall be invested in obligations of the United States or in obligations guaranteed as principle and interest by the United States. ``(d) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated for each fiscal year such sums as are necessary to carry out this section. ``(2) Administrative costs.--From amounts made available under this section, the Administrator may reserve not more than 10 percent for administrative costs. ``(3) Technical assistance grants.--Amounts made available under this section may be used to make technical assistance grants to applicants to develop and support a small dollar loan program. Any technical assistance grants made under this paragraph shall be made in accordance with subsections (b), (c), and (d) of section 108, provided that the Administrator may waive the requirements of subsection (e) of such section 108 with respect to such grants. ``(4) Deposit into fund.--Amounts made available under this section may be deposited into the CDFI Small Dollar Loan-Loss Guarantee Fund established under this section. ``(e) Borrowing Authority.--The Administrator is authorized to borrow from the Treasury, and the Secretary of the Treasury is authorized and directed to loan to the Administrator on such terms as may be fixed by the Administrator and the Secretary, such funds as in the judgment of the Administrator are from time to time required to maintain the solvency of the Fund, not exceeding in the aggregate $75,000,000 outstanding at any one time, subject to the approval of the Secretary of the Treasury: Provided, That the rate of interest to be charged in connection with any loan made pursuant to this subsection shall not be less than an amount determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity. For such purpose the Secretary of the Treasury is authorized to use as a public-debt transaction the proceeds of the sale of any securities hereafter issued under the Second Liberty Bond Act, as amended, and the purposes for which securities may be issued under the Second Liberty Bond Act, as amended, are extended to include such loans. Any such loan shall be used by the Administrator solely in carrying out its functions with respect to the Fund. All loans and repayments under this subsection shall be treated as public-debt transactions of the United States. The Administrator may employ any amounts obtained under this subsection for purposes of the Fund and the borrowing shall become a liability of the Fund to the extent funds are employed therefor. ``(f) Report to Congress.--Not later than 1 year after the CDFI Small Dollar Loan-Loss Guarantee Fund makes its first reimbursement to an eligible financial institution, and every year thereafter, the Administrator shall submit to the Banking, Housing, and Urban Affairs Committee of the Senate, the Financial Services Committee of the House of Representatives, and the Committee on Appropriations of both the Senate and the House of Representatives a report describing-- ``(1) the activities of the Fund, including the cumulative volume and amounts of loan reimbursements that have been distributed from the Fund during the prior 12 months; ``(2) the solvency of the Fund; ``(3) the default rate of qualifying loans; and ``(4) any measurable results, as appropriate and available, related to the achievement of the purposes of this section as such purposes are set forth under subsection (a).''.

Amends the Community Development Banking and Financial Institutions Act of 1994 to establish the Community Development Financial Institutions (CDFI) Small Dollar Loan-Loss Guarantee Fund to defray the cost of losses on specified qualifying consumer loans (not exceeding $2500) made by certain CDFIs and institutions whose primary mission is to serve low- to moderate-income individuals. Authorizes appropriations to implement the program and to provide technical assistance grants to applicants to develop and support a small dollar loan program. Authorizes the Administrator of the CFDI Fund to borrow from the Treasury as necessary to maintain Fund solvency.

A bill to establish a small dollar loan-loss guarantee fund, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Significant Regulation Oversight Act of 1996''. SEC. 2. FINDING AND PURPOSE. (a) Finding.--The Congress finds that oversight of significant rules will be enhanced if they are subject to congressional review and approval after being proposed by an agency. (b) Purpose.--The purpose of this Act is to ensure that before a significant rule takes affect-- (1) Congress is given an adequate opportunity to review the rule and ensure that it is in accordance with the intent of Congress in enacting the law under which the rule is proposed; and (2) Congress approves the rule in accordance with the procedures established by this Act. SEC. 3. REVIEW OF SIGNIFICANT RULES BY CONGRESS. (a) Congressional Approval of Significant Rules Required.--A significant rule shall not take effect before the date of the enactment of a joint resolution described in section 4(a) comprised solely of the text of the significant rule. (b) Reporting and Review of Significant Rules.--(1) Before a proposed significant rule would take effect as a final rule, the agency proposing the rule shall submit to each House of Congress a report containing the following: (A) A copy of the proposed significant rule. (B) A concise summary of the proposed significant rule, its purpose, and anticipated effects. (C) A complete copy of any cost-benefit analysis report that has been prepared by the agency with respect to the proposed significant rule. (D) An explanation of the specific statutory interpretation under which a rule is proposed, including an explanation of-- (i) whether the interpretation is expressly required by the text of the statute; or (ii) if the interpretation is not expressly required by the text of the statute, an explanation that the interpretation is within the range of permissible interpretations of the statute as identified by the agency, and an explanation why the interpretation selected by the agency is the agency's preferred interpretation. (E) Any other relevant information or requirements under any other Act and any relevant Executive order. (2) Upon receipt of a report under paragraph (1), each House of Congress shall provide a copy of the report to the Chairman and ranking minority party member of each committee with jurisdiction over the subject matter of the report. (c) No Inference To Be Drawn Where Congress Fails To Approve.--If Congress fails to enact a joint resolution approving a proposed significant rule, no court or agency may infer any intent of Congress from any action or inaction of Congress with regard to such rule or related statute. SEC. 4. CONGRESSIONAL APPROVAL PROCEDURE FOR SIGNIFICANT RULES. (a) Introduction.--Not later than 3 legislative days after the date on which an agency submits a report under section 3(b) containing the text of any proposed significant rule, the majority leader of each House of the Congress shall introduce (by request) a joint resolution comprised solely of the text of that significant rule. If the joint resolution is not introduced in either House as provided in the preceding sentence, then any Member of that House may introduce the joint resolution. (b) Referral and Consideration.--(1) The joint resolution shall be referred to the appropriate committee of the House in which it is introduced. The committee may report the joint resolution without substantive revision and with or without recommendation or with an adverse recommendation, or the committee may vote not to report the joint resolution. If the committee votes to order the joint resolution reported, it shall be reported not later than the end of the period (not to exceed 45 legislative days) established for consideration of the joint resolution by the Speaker of the House of Representatives or the majority leader of the Senate, as the case may be. Except in the case of a joint resolution which a committee votes not to report, a committee failing to report a joint resolution within such period shall be automatically discharged from consideration of the joint resolution, and it shall be placed on the appropriate calendar. (2) A vote on final passage of the joint resolution shall be taken in that House on or before the close of the 90th legislative day after the date of the introduction of the joint resolution in that House. (3)(A) A motion in the House of Representatives to proceed to the consideration of a joint resolution under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (B) Debate in the House of Representatives on a joint resolution under this section shall be limited to not more than 4 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a joint resolution under this section or to move to reconsider the vote by which the joint resolution is agreed to or disagreed to. (C) All appeals from the decisions of the chair relating to the application of the Rules of the House of Representatives to the procedure relating to a joint resolution under this section shall be decided without debate. (D) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a joint resolution under this section shall be governed by the Rules of the House of Representatives applicable to other joint resolutions in similar circumstances. (4)(A) A motion in the Senate to proceed to the consideration of a joint resolution under this section shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (B) Debate in the Senate on a joint resolution under this section, and all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (C) Debate in the Senate on any debatable motion or appeal in connection with a joint resolution under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the joint resolution, except that in the event the manager of the joint resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a joint resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. (D) A motion in the Senate to further limit debate on a joint resolution under this section is not debatable. A motion to recommit a joint resolution under this section is not in order. (c) Amendments Prohibited.--No amendment to a joint resolution considered under this section shall be in order in either the House of Representatives or the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House for the presiding officer to entertain a request to suspend the application of this subsection by unanimous consent. (d) Treatment if the Other House Has Acted.--If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a) comprised of the same text, then: (1) The procedure in that House shall be the same as if no joint resolution had been received from the other House. (2) The vote on final passage shall be on the joint resolution of the other House. (e) Constitutional Authority.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 5. EXISTING RULES. (a) General.--Any existing rule may be revised or revoked in accordance with this section if a petition for review so requests. (b) Introduction.--If a petition for review is filed with the Clerk of the House of Representatives or the Secretary of the Senate, the Clerk or the Secretary shall determine whether the petition meets the requirements of subsection (d). If the Clerk or the Secretary determines that a petition meets those requirements, he or she shall notify the majority leader of that House. The majority leader so notified shall, within 3 legislative days, introduce a joint resolution (by request) that makes the revision or revocation of existing rules proposed by the petition upon the enactment of that joint resolution. If the joint resolution is not introduced as provided in the preceding sentence, then any Member of that House may introduce the joint resolution. (c) Procedures for Consideration in the House of Representatives and the Senate.--Any joint resolution introduced under subsection (b) shall be considered in the House of Representatives and the Senate in accordance with the procedures respecting a joint resolution set forth in section 4. (d) Petitions for Review.--A petition for review under subsection (a) shall contain the following: (1) Any rule affected by the petition and the contents of that rule as it would exist if a joint resolution revising or revoking that rule pursuant to the petition were enacted. (2) For a petition in the Senate, the signatures of 30 Senators, or for a petition in the House of Representatives, the signatures of 120 Members. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Agency.--The term ``agency'' has the meaning given that term in section 551 of title 5, United States Code (relating to administrative procedure). (2) Rule.--(A) The term ``rule'' has the meaning given such term by section 551 of title 5, United States Code, except that such term does not include-- (i) any rule of particular applicability including a rule that approves or prescribes-- (I) future rates, wages, prices, services, or allowances therefor, (II) corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or (III) accounting practices or disclosures bearing on any of the foregoing, or (ii) any rule of agency organization, personnel, procedure, practice, or any routine matter. (B) The term ``final rule'' means any final rule or interim final rule. (3) Significant rule.--The term ``significant rule'' means any rule proposed by an agency that is specified or described as such in the Act that authorizes the rule. SEC. 7. EXEMPTION FOR MONETARY POLICY. Nothing in this Act applies to any rule concerning monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.

Significant Regulation Oversight Act of 1996 - Prohibits a significant rule (as so specified or described in the authorizing Act) from taking effect before the enactment of a joint resolution comprised solely of the text of such rule. Provides that, before a proposed significant rule takes effect as a final rule, the agency proposing the rule shall submit to each House of Congress a report containing a copy of the rule, a concise summary of its purpose and anticipated effects, any cost-benefit analysis prepared for the rule, the specific statutory interpretation under which the rule is proposed, and any other relevant information or executive order. Bars a court or agency from inferring any intent of the Congress with regard to such a rule or a related statute if it fails to enact a joint resolution approving a proposed significant rule. Provides for the revision or revocation of an existing rule upon enactment of a joint resolution introduced pursuant to a petition for review signed by 30 Members in the Senate or 120 Representatives in the House and containing the rule affected and the rule as it would exist if the joint resolution were enacted. Sets forth congressional procedures for the introduction, referral, and consideration of such joint resolutions for the approval of significant proposed rules or the review of existing rules. Exempts from this Act any rule concerning monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.

Significant Regulation Oversight Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Employment and Training Through Education Act of 2013''. SEC. 2. PILOT PROJECTS TO REDUCE DEPENDENCY AND INCREASE WORK EFFORT IN THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is amended by adding at the end the following: ``(l) Pilot Projects To Reduce Dependency and Increase Work Effort in the Supplemental Nutrition Assistance Program.-- ``(1) In general.--The Secretary shall carry out, under such terms and conditions as the Secretary considers to be appropriate, pilot projects to identify best practices for employment and training programs under this Act to raise the number of work registrants who obtain unsubsidized employment, increase their earned income, and reduce their reliance on public assistance, including but not limited to the supplemental nutrition assistance program. ``(2) Selection criteria.--Pilot projects shall be selected based on criteria the Secretary establishes, that shall include-- ``(A) enhancing existing employment and training programs in the State; ``(B) agreeing to participate in the evaluation described in paragraph (3), including making available data on participants' employment activities and post- participation employment, earnings, and public benefit receipt; ``(C) collaborating with the State workforce board and other job training programs in the State and local area; ``(D) the extent to which the pilot project's components can be easily replicated by other States or political subdivisions; and ``(E) such additional criteria that ensure that the pilot projects-- ``(i) target a variety of populations of work registrants, including childless adults, parents, and individuals with low skills or limited work experience; ``(ii) are selected from a range of existing employment and training programs including programs that provide-- ``(I) section 20 workfare; ``(II) skills development for work registrants with limited employment history; ``(III) post-employment support services necessary for maintaining employment; and ``(IV) education leading to a recognized postsecondary credential, registered apprenticeship, or secondary school diploma or its equivalent; ``(iii) are located in a range of geographic areas, including rural, urban, and Indian reservations; and ``(iv) include participants who are exempt and not exempt under section (6)(d)(2). ``(3) Evaluation.--The Secretary shall provide for an independent evaluation of projects selected under this subsection to measure the impact of the pilot projects on the ability of each pilot project target population to find and retain employment that leads to increased household income and reduced dependency, compared to what would have occurred in the absence of the pilot project. ``(4) Report to congress.--By September 30, 2017, the Secretary shall submit, to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report that includes a description of-- ``(A) the results of each pilot project, including an evaluation of the impact of the project on the employment, income, and public benefit receipt of the targeted population of work registrants; ``(B) the Federal, State, and other costs of each pilot project; ``(C) the planned dissemination of the reports' findings with State agencies; and ``(D) the steps and funding necessary to incorporate components of pilot projects that demonstrate increased employment and earnings into State employment and training programs. ``(5) Funding.--From amounts made available under section 18(a)(1), the Secretary shall make $10,000,000 available for each of the fiscal years 2014, 2015, and 2016 to carry out this subsection. Such amounts shall remain available until expended. ``(6) Use of funds.-- ``(A) Funds provided under this subsection for pilot projects shall be used only for-- ``(i) pilot projects that comply with the provisions of this Act; ``(ii) the costs and administration of the pilot projects; ``(iii) the costs incurred in providing information and data to the independent evaluation under paragraph (3); and ``(iv) the costs of the evaluation under paragraph (3). ``(B) Funds made available under this subsection may not be used to supplant non-Federal funds used for existing employment and training activities.''.

Enhancing Employment and Training Through Education Act of 2013 - Amends the Food and Nutrition Act of 2008 to direct the Secretary of Agriculture (USDA) to carry out pilot projects to identify best practices for employment and training programs to increase the number of work registrants who obtain unsubsidized employment, increase their earned income, and reduce their reliance on public assistance, including but not limited to the supplemental nutrition assistance program (SNAP, formerly known as the food stamp program). Sets forth selection criteria.

Enhancing Employment and Training Through Education Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Internet Regulatory Relief Act of 1999''. SEC. 2. DEFINITIONS. (a) In General.--Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended by-- (1) redesignating paragraph (1) through (51) as paragraphs (3) through (53), respectively; (2) inserting before paragraph (3), as redesignated, the following: ``(1) Advanced service.--The term `advanced service' means a communications service or combination of such services providing a digitally encoded signal downstream from a provider to a consumer at a rated speed of 200 kilobits per second or above and upstream from a consumer to a provider at a rated speed of 128 kilobits per second or above for access to the Internet or other interstate information and data services. ``(2) Advanced service provider.--The term `advanced service provider' means any provider of advanced services.''; (3) redesignating paragraphs (19) through (53), as redesignated by paragraph (1) of this subsection, as paragraphs (20) through (54), respectively; and (4) inserting before paragraph (20), as redesignated by paragraph (3) of this subsection, the following: ``(19) DSL-capable loop.--The term `DSL-capable loop' means a loop capable of transporting an advanced service.''. (b) Conforming Amendment.--Section 271(c)(1)(A) of the Communications Act of 1934 (47 U.S.C. 271(c)(1)(A)) is amended by striking ``3(47)(A),'' and inserting ``3(50)(A),''. SEC. 3. REGULATION OF ADVANCED SERVICE. (a) In General.--Part II of title II of the Communications Act of 1934 (47 U.S.C. 251 et seq.) is amended by adding at the end thereof the following: ``SEC. 262. PROVISION OF ADVANCED SERVICE BY INCUMBENT LOCAL EXCHANGE CARRIER. ``(a) In General.--Nothwithstanding section 2(b) of this Act, or any other provision of law, an incumbent local exchange carrier shall not be subject to the requirements of-- ``(1) section 251(c)(3) with respect to facilities and equipment used exclusively to provide advanced service; and ``(2) section 251(c)(4) for the provision of advanced service, in any State in which 70 percent of the incumbent local exchange carrier's loops in its service territory are DSL-capable, as determined by that State. ``(b) Pricing Flexibility.-- ``(1) Competition for advanced service.--Except as provided in paragraph (4), the prices, terms, and conditions of any advanced service by an incumbent local exchange carrier shall not be subject to regulation if the Commission determines that advanced service is being offered by an unaffiliated advanced service provider in competition with the incumbent local exchange carrier within a geographic area served by a central office. ``(2) Petition.--An incumbent local exchange carrier seeking pricing flexibility under paragraph (1) may file a petition with the Commission seeking such relief. A petition under this paragraph is deemed to have been approved if the Commission does not act on it within 30 days after it is filed. ``(3) Unconditional relief.--If the Commission determines under paragraph (1) that advanced service is being offered by an unaffiliated provider in the manner described in that paragraph, the Commission shall approve the petition of the incumbent local exchange carrier unconditionally. ``(4) Advanced service outside an incumbent's territory.-- The rates, terms, and conditions of advanced service offered by an incumbent local exchange carrier or its affiliate are not subject to regulation in any geographic area in which that carrier, its successor, or assigns was not the local incumbent exchange carrier on February 8, 1996. ``(5) Schedule of charges.--For any advanced service that has not been determined by the Commission to be subject to competition under paragraph (1), the incumbent local exchange carrier furnishing such advanced service shall file with the Commission a schedule of charges and practices for such advanced service in a manner prescribed by the Commission under section 204. Any such schedule of charges and practices shall be deemed lawful and shall be effective 2 days after the date on which it was filed with the Commission unless the Commission takes action under section 204(a)(1) before the end of that 2- day period. ``(c) Definition of Incumbent Local Exchange Carrier.--For purposes of this section, the term `incumbent local exchange carrier' has the meaning given to that term by section 251(h). ``SEC. 263. PROVISION OF ADVANCED SERVICE NOT SUBJECT TO CERTAIN RESALE REQUIREMENTS. ``Notwithstanding section 2(b), or any other provision of law, section 251(b)(1) does not apply to a local exchange carrier with respect to its provision of advanced service.''.

Broadband Internet Regulatory Relief Act of 1999 - Amends the Communications Act of 1934 to mandate that an incumbent local exchange carrier shall not be subject to Federal requirements concerning: (1) facilities and equipment used exclusively to provide advanced communications service; and (2) the provision of such service in any State in which 70 percent of such carrier's loops in its service territory are DSL-capable (capable of transporting an advanced service). Provides that the prices, terms, and conditions of any advanced service by such a carrier shall not be subject to Federal regulation if the Federal Communications Commission (FCC) determines that advanced service is being offered by an unaffiliated provider in competition with such carrier within a geographic area served by a central office. States that prices, terms, and conditions offered by a carrier or an affiliate shall not be subject to FCC regulation in an area in which such carrier was not the carrier on February 8, 1996. Requires carriers not subject to regulation to file with the FCC a schedule of charges and practices. Provides that the duty not to prohibit or impose unreasonable or discriminatory conditions on the resale of telecommunications services shall not apply to such a carrier with respect to its provision of advanced service.

Broadband Internet Regulatory Relief Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unfunded Mandates Information and Transparency Act of 2008''. SEC. 2. FINDINGS. Congress finds that-- (1) before acting on proposed Federal mandates, Congress should carefully consider their effects on consumers, workers, and small businesses; (2) Congress has often acted without adequate information concerning the costs of Federal mandates, instead focusing only on their benefits; (3) the implementation of the Unfunded Mandates Reform Act of 1995 has resulted in increased awareness of intergovernmental mandates without impacting existing environmental, public health, or safety laws or regulations; (4) the implementation of this Act will enhance public awareness of prospective Federal mandates on the private sector, State, local, and tribal governments without adversely affecting the environment, public health, or safety laws or regulations; (5) the costs of private sector mandates are often borne in part by consumers, in the form of higher prices and reduced availability of goods and services; (6) the costs of private sector mandates are often borne in part by workers, in the form of lower wages, reduced benefits, and fewer job opportunities; and (7) the costs of private sector mandates are often borne in part by small businesses, in the form of hiring disincentives and stunted economic growth. SEC. 3. PURPOSE. The purpose of this Act is-- (1) to improve the quality of Congress' deliberation with respect to proposed mandates on the private sector, by-- (A) providing Congress and the public with more complete information about the effects of such mandates; and (B) ensuring that Congress acts on such mandates only after focused deliberation on their effects; and (2) to enhance the ability of Congress and the public to distinguish between Federal mandates that harm consumers, workers, small businesses, State, local, and tribal governments and mandates that help those groups. SEC. 4. APPLICATION OF REPORTING REQUIREMENTS TO POLICIES INVOLVING CHANGES IN CONDITIONS OF GRANT AID. Section 423(c) of the Congressional Budget Act of 1974 is amended by striking ``and'' at the end of paragraph (2), by striking the period and inserting ``; and'' at the end of paragraph (3), and by adding at the end the following new paragraph: ``(4) an assessment of the authorized level of funding to determine if the prospective costs of carrying out changes to a condition of Federal assistance being imposed on participating State, local, or tribal governments, and how these costs compare with the funds being authorized or, for reauthorizations, of the additional costs of changes in those conditions and how they compare with the changes in funding being authorized; and in cases where a bill or joint resolution provides such sums as are necessary, the assessment shall contain an estimate of that amount.''. SEC. 5. EXPANDING THE SCOPE OF LEGISLATIVE REPORTING REQUIREMENTS TO INCLUDE INDIRECT COSTS. (a) Indirect Costs.--Section 423(c) of the Congressional Budget Act of 1974 (as amended by section 4) is further amended-- (1) in its side heading, by inserting ``and Other Costs'' after ``Mandates'' ; and (2) by striking ``and'' at the end of paragraph (3), by striking the period and inserting ``; and'' at the end of paragraph (4), and by adding at the end the following new paragraph: ``(5) an identification and description of any reasonably foreseeable indirect costs to State, local, or tribal governments, or by the private sector, incurred as a result of implementing the Federal mandate in the bill or joint resolution.''. (b) Definition.--Section 421 of the Congressional Budget Act of 1974 is amended by redesignating paragraphs (10) through (13) as paragraphs (11) through (14), respectively and by adding after paragraph (9) the following new paragraph: ``(10) Reasonably foreseeable indirect costs.--The term `reasonably foreseeable indirect costs' means costs to the affected entities resulting from implementation of a Federal mandate other than their own direct costs to carry out any such mandate. Such costs include lost income and secondary monetary costs resulting from the Federal mandate.''. SEC. 6. EXPANDING THE SCOPE OF REGULATORY REPORTING REQUIREMENTS TO INCLUDE INDIRECT COSTS. Section 202(a) of the Unfunded Mandates Reform Act of 1995 is amended by striking ``the expenditure by'' and inserting ``direct or reasonably foreseeable indirect costs to''. SEC. 7. APPLICATION OF REPORTING REQUIREMENTS TO INCLUDE REGULATIONS IMPOSED BY INDEPENDENT REGULATORY AGENCIES. Paragraph (1) of section 421 of the Congressional Budget Act of 1974 is amended by striking ``, but does not include independent regulatory agencies''. SEC. 8. CLARIFICATION TO ENSURE REGULATORY AGENCY REPORTING REQUIREMENTS APPLIES TO ALL RESPECTIVE REGULATORY ACTIONS. Section 201 of the Unfunded Mandates Reform Act of 1995 is amended by inserting ``expressly'' after ``otherwise''. SEC. 9. CLOSE LEGAL LOOPHOLE ALLOWING FOR DISREGARDING OF REPORTING REQUIREMENTS BY REGULATORY AGENCIES. Section 202(a) of the Unfunded Mandates Reform Act of 1995 is amended by-- (1) striking ``Unless'' and all that follows through ``private sector,'' the first place it appears and inserting the following: ``Unless otherwise expressly prohibited by law, before promulgating any general notice of proposed rulemaking or final rule that includes a Federal mandate that may result in direct or reasonably foreseeable indirect costs to State, local, and tribal governments, in the aggregate, or to the private sector,''; and (2) striking ``and before promulgating'' and all that follows through ``containing--'' and inserting the following: ``or within six months after promulgating any final rule that was not preceded by a general notice of proposed rulemaking that includes a Federal mandate that may result in direct or reasonably foreseeable indirect costs by State, local, and tribal governments, in the aggregate, or by the private sector, of such amount or more (adjusted annually for inflation) in any one year; the agency shall prepare a written statement containing--''.

Unfunded Mandates Information and Transparency Act of 2008 - Amends the Congressional Budget Act of 1974 to require reports on federal mandates to include: (1) an assessment of the prospective costs of carrying out changes to a condition of federal assistance being imposed on participating state, local, or tribal governments and how these costs compare with the funds being authorized; (2) for reauthorizations, an assessment of the additional costs of changes in those conditions compared with the changes in funding being authorized; (3) in cases where a bill or joint resolution provides necessary sums, an estimate of that amount; and (4) an identification and description of any reasonably foreseeable indirect costs to such governments or the private sector from implementing the federal mandate. Repeals a provision excluding independent regulatory agencies from reporting requirements. Makes requirements under this Act applicable to general notice of any final rule that includes such a mandate.

To amend the Unfunded Mandates Reform Act of 1995 to ensure that actions taken by regulatory agencies are subject to that Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Raoul Wallenberg Centennial Celebration Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Raoul Wallenberg was born in Europe on August 4, 1912, to Swedish Christian parents. (2) In 1935, he graduated from the University of Michigan in Ann Arbor. (3) In a letter to his grandfather, Wallenberg wrote of his time in America: ``I feel so at home in my little Ann Arbor that I'm beginning to sink down roots here and have a hard time imagining my leaving it . . . Every now and then I feel strange when I think about how tiny my own country is and how large and wonderful America is.''. (4) Raoul returned to Sweden, where he began a career as a businessman, and afterwards, a Swedish diplomat. (5) In 1936, Raoul's grandfather arranged a position for him at the Holland Bank in Haifa, Palestine. There, Raoul began to meet young Jews who had already been forced to flee from Nazi persecution in Germany. Their stories affected him deeply. (6) He was greatly troubled by the fate of Jews in Europe, confiding to actress Viveca Lindfors the horrific plight of Jews under Nazi Europe. (7) Under the direction of President Franklin D. Roosevelt, the War Refugee Board was established in January 1944, to aid civilians who fell victim to the Nazi and Axis powers in Europe. (8) One of War Refugee Board's top priorities was protection of the 750,000 remaining Jews in Hungary. (9) It was decided that Raoul Wallenberg, aged 31 at the time, would be most effective in protecting Jews and victims of the Nazis in Hungary under the War Refugee Board. He was recruited by Iver Olsen, an agent for the United States Office of Strategic Services and sent to Budapest, Hungary, under his official profession as a Swedish diplomat. He was instructed to use passports and other creative means to save as many lives as possible. (10) Wallenberg created a new Swedish passport, the Schutzpass, which looked more imposing and official than the actual Swedish passport. He reportedly put up huge placards of it throughout Budapest to familiarize the Nazis with it. He unilaterally announced that it granted the holder immunity from the death camps. The Schutzpasses alone are credited with saving 20,000 Jewish lives. (11) In one example of his heroism, Wallenberg was told of a Nazi plot to round up several thousand Jewish women and acted swiftly to save them. Former Wallenberg staffer, Agnes Adachi, recalls the time, when she and her colleagues spent the whole night making approximately 2,000 Schutzpasses before 6 a.m. They were all completed and personally delivered to the women in time to save their lives. (12) Using the money the United States deposited with the War Refugee Board, Wallenberg was able to purchase approximately 30 buildings, which he used as hospitals, schools, soup kitchens, and safe houses for over 8,000 children whose parents had already been deported or killed. (13) Tommy Lapid, a young boy who was staying with his mother in a Swedish safe house (his father was already dead), gave an eyewitness account of how his family was helped by Wallenberg and the War Refugee Board: ``One morning, a group of Hungarian Fascists came into the house and said that all the able-bodied women must go with them. We knew what this meant. My mother kissed me and I cried and she cried. We knew we were parting forever and she left me there, an orphan to all intents and purposes. Then two or three hours later, to my amazement, my mother returned with the other women. It seemed like a mirage, a miracle. My mother was there--she was alive and she was hugging me and kissing me, and she said one word: Wallenberg.''. (14) Even as the war was coming to a close, Wallenberg remained vigilant and attentive to the people under his care. Adolf Eichmann, the SS colonel charged with the extermination of Jews in Eastern Europe, was determined to exterminate the 70,000 Jews kept as prisoners in a guarded ghetto in Budapest. As soon as Wallenberg heard of the plot, he sent Pal Szalay, an Arrow-Crossman senior official, who defected and turned to Wallenberg. Szalay was sent to speak to General Schmidthuber, who was ordered to spearhead the ghetto extermination in Budapest. Szalay informed Schmidthuber that, seeing as the war was coming to an end, if the planned massacre took place, Wallenberg would see to it personally that Schmidthuber would be prosecuted as a war criminal and hanged. The plans were ultimately abandoned and considered Wallenberg's last big victory. (15) Of the 120,000 Jews in Hungary that survived, Raoul Wallenberg, acting under the War Refugee Board, is credited with saving an estimated 100,000 of them in a 6-month period. (16) These findings show that Raoul Wallenberg showed exceptional heroism and bravery with his actions during the Holocaust. Working with the War Refugee Board, a United States agency, he was able to save approximately 100,000 Jews in Hungary, many of whom were later able to immigrate to the United States. (17) Indeed, many American Jews can directly or indirectly attribute their own lives to Raoul Wallenberg's actions during World War II. Many of the people Wallenberg saved have been influential citizens contributing to American institutions and culture, including Congressman Tom Lantos (February 1, 1928- February 11, 2008) and the Liska Rebbe, Rabbi Yoizef (Joseph) Friedlander, who carried forth the Liska Hassidic dynasty from Hungary to the United States after being saved by Raoul Wallenberg. (18) His actions and character make him an excellent contender for a Congressional Gold Medal in time for the centennial of his birth, to celebrate his achievements and humanitarian accomplishments. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to the next of kin or personal representative of Raoul Wallenberg, in recognition of his achievements and heroic actions during the Holocaust. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. Under such regulations as the Secretary (in this Act referred to as the ``Secretary'') may prescribe, the Secretary may strike duplicate medals in bronze of the gold medal struck pursuant to section 3 and sell such duplicate medals at a price sufficient to cover the costs of the duplicate medals (including labor, materials, dies, use of machinery, overhead expenses) and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authorization of Charges.--There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 4 shall be deposited in the United States Mint Public Enterprise Fund.

Raoul Wallenberg Centennial Celebration Act - Directs The Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation on behalf of the Congress of a gold medal of appropriate design to the next of kin or personal representative of Raoul Wallenberg in recognition of his achievements and heroic actions during the Holocaust.

A bill to award a Congressional Gold Medal to Raoul Wallenberg, in recognition of his achievements and heroic actions during the Holocaust.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Central Oregon Jobs and Water Security Act''. SEC. 2. WILD AND SCENIC RIVER; CROOKED, OREGON. Section 3(a)(72) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(72)) is amended as follows: (1) By striking ``15-mile'' and inserting ``14.75-mile''. (2) In subparagraph (B)-- (A) by striking ``8-mile'' and all that follows through ``Bowman Dam'' and inserting ``7.75-mile segment from a point one-quarter mile downstream from the toe of Bowman Dam''; and (B) by adding at the end the following: ``The developer for any hydropower development, including turbines and appurtenant facilities, at Bowman Dam, in consultation with the Bureau of Land Management, shall analyze any impacts to the Outstandingly Remarkable Values of the Wild and Scenic River that may be caused by such development, including the future need to undertake routine and emergency repairs, and shall propose mitigation for any impacts as part of any license application submitted to the Federal Energy Regulatory Commission.''. SEC. 3. CITY OF PRINEVILLE WATER SUPPLY. Section 4 of the Act of August 6, 1956 (70 Stat. 1058), (as amended by the Acts of September 14, 1959 (73 Stat. 554), and September 18, 1964 (78 Stat. 954)) is further amended as follows: (1) By striking ``ten cubic feet'' the first place it appears and inserting ``17 cubic feet''. (2) By striking ``during those months when there is no other discharge therefrom, but this release may be reduced for brief temporary periods by the Secretary whenever he may find that release of the full ten cubic feet per second is harmful to the primary purpose of the project''. (3) By adding at the end the following: ``Without further action by the Secretary, and as determined necessary for any given year by the City of Prineville, up to seven of the 17 cubic feet per second minimum release shall also serve as mitigation for City of Prineville groundwater pumping, pursuant to and in a manner consistent with Oregon State law, including any shaping of the release of the up to seven cubic feet per second to coincide with City of Prineville groundwater pumping as may be required by the State of Oregon. As such, the Secretary is authorized to make applications to the State of Oregon in conjunction with the City to protect these supplies instream. The City shall make payment to the Secretary for that portion of the minimum release that actually serves as mitigation pursuant to Oregon State law for the City in any given year, with the payment for any given year equal to the amount of mitigation in acre feet required to offset actual City groundwater pumping for that year in accordance with Reclamation `Water and Related Contract and Repayment Principles and Requirements', Reclamation Manual Directives and Standards PEC 05-01, dated 09/12/2006, and guided by `Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies', dated March 10, 1983. The Secretary is authorized to contract exclusively with the City for additional amounts in the future at the request of the City.''. SEC. 4. FIRST FILL PROTECTION. The Act of August 6, 1956 (70 Stat. 1058), as amended by the Acts of September 14, 1959 (73 Stat. 554), and September 18, 1964 (78 Stat. 954), is further amended by adding at the end the following: ``Sec. 6. Other than the 17 cubic feet per second release provided for in section 4, and subject to compliance with the Army Corps of Engineers' flood curve requirements, the Secretary shall, on a `first fill' priority basis, store in and release from Prineville Reservoir, whether from carryover, infill, or a combination thereof, the following: ``(1) 68,273 acre feet of water annually to fulfill all 16 Bureau of Reclamation contracts existing as of January 1, 2011, and up to 2,740 acre feet of water annually to supply the McKay Creek lands as provided for in section 5 of this Act. ``(2) Not more than 10,000 acre feet of water annually, to be made available to the North Unit Irrigation District pursuant to a Temporary Water Service Contract, upon the request of the North Unit Irrigation District, consistent with the same terms and conditions as prior such contracts between the District and the Bureau of Reclamation. ``Sec. 7. Except as otherwise provided in this Act, nothing in this Act-- ``(1) modifies contractual rights that may exist between contractors and the United States under Reclamation contracts; ``(2) amends or reopens contracts referred to in paragraph (1); or ``(3) modifies any rights, obligations, or requirements that may be provided or governed by Oregon State law.''. SEC. 5. OCHOCO IRRIGATION DISTRICT. (a) Early Repayment.--Notwithstanding section 213 of the Reclamation Reform Act of 1982 (43 U.S.C. 390mm), any landowner within Ochoco Irrigation District in Oregon, may repay, at any time, the construction costs of the project facilities allocated to that landowner's lands within the district. Upon discharge, in full, of the obligation for repayment of the construction costs allocated to all lands the landowner owns in the district, those lands shall not be subject to the ownership and full-cost pricing limitations of the Act of June 17, 1902 (43 U.S.C. 371 et seq.), and Acts supplemental to and amendatory of that Act, including the Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.). (b) Certification.--Upon the request of a landowner who has repaid, in full, the construction costs of the project facilities allocated to that landowner's lands owned within the district, the Secretary of the Interior shall provide the certification provided for in subsection (b)(1) of section 213 of the Reclamation Reform Act of 1982 (43 U.S.C. 390mm(b)(1)). (c) Contract Amendment.--On approval of the district directors and notwithstanding project authorizing legislation to the contrary, the district's reclamation contracts are modified, without further action by the Secretary of the Interior, to-- (1) authorize the use of water for instream purposes, including fish or wildlife purposes, in order for the district to engage in, or take advantage of, conserved water projects and temporary instream leasing as authorized by Oregon State law; (2) include within the district boundary approximately 2,742 acres in the vicinity of McKay Creek, resulting in a total of approximately 44,937 acres within the district boundary; (3) classify as irrigable approximately 685 acres within the approximately 2,742 acres of included lands in the vicinity of McKay Creek, where the approximately 685 acres are authorized to receive irrigation water pursuant to water rights issued by the State of Oregon and have in the past received water pursuant to such State water rights; and (4) provide the district with stored water from Prineville Reservoir for purposes of supplying up to the approximately 685 acres of lands added within the district boundary and classified as irrigable under paragraphs (2) and (3), with such stored water to be supplied on an acre-per-acre basis contingent on the transfer of existing appurtenant McKay Creek water rights to instream use and the State's issuance of water rights for the use of stored water. (d) Limitation.--Except as otherwise provided in subsections (a) and (c), nothing in this section shall be construed to-- (1) modify contractual rights that may exist between the district and the United States under the district's Reclamation contracts; (2) amend or reopen the contracts referred to in paragraph (1); or (3) modify any rights, obligations or relationships that may exist between the district and its landowners as may be provided or governed by Oregon State law. Passed the House of Representatives June 5, 2012. Attest: KAREN L. HAAS, Clerk.

Central Oregon Jobs and Water Security Act - (Sec. 2) Amends the Wild and Scenic Rivers Act to modify the boundary of the Crooked River, Oregon. Requires the developer for any hydropower development at Bowman Dam to analyze any impacts to the Outstanding Remarkable Values of the Wild and Scenic River that may be caused by such development and propose mitigation for such impacts as part of any license application submitted to the Federal Energy Regulatory Commission (FERC). (Sec. 3) Increases (from 10 to 17 cubic feet per second) the minimum release that shall be maintained from the Prineville Reservoir for the benefit of downstream fish life. Requires 7 of the 17 cubic feet per second release to serve as mitigation for the city of Prineville groundwater pumping, as determined necessary for any given year by the city, including any shaping of the release of the up to 7 cubic feet per second to coincide with the city's groundwater pumping as may be required by the state of Oregon. Authorizes the Secretary of the Army to make applications to that state in conjunction with that city to protect these supplies instream. Directs the city to make payment to the Secretary for that portion of the minimum release that actually serves as mitigation under Oregon law. Authorizes the Secretary to contract exclusively with the city for additional amounts in the future at the city's request. (Sec. 4) Directs the Secretary, on a "first fill" priority basis, to store in and release from the Reservoir: (1) 68,273 acre feet of water annually to fulfill all 16 Bureau of Reclamation contracts existing as of January 1, 2011; (2) up to 2,740 acre feet of water annually to supply the McKay Creek lands; and (3) up to 10,000 acre feet of water annually to the North Unit Irrigation District, upon request, pursuant to a Temporary Water Service Contract. (Sec. 5) Authorizes any landowner within Ochoco Irrigation District, Oregon, to repay construction costs of project facilities allocated to that landowner's lands within that District. Requires the Secretary of the Interior, upon the request of a landowner who has repaid project construction costs, to provide certification of freedom from ownership and pricing limitations. Modifies the District's reclamation contracts, on approval of the District directors, to: (1) authorize the use of water for instream purposes in order for the District to engage in, or take advantage of, conserved water projects and temporary instream leasing as authorized by Oregon law; (2) include within the district boundary approximately 2,742 acres in the vicinity of McKay Creek; (3) classify approximately 685 of such acres as irrigable; and (4) provide the District with stored water from Prineville Reservoir for supplying such 685 acres, contingent on the transfer of existing appurtenant McKay Creek water rights to instream use and the state's issuance of water rights for the use of stored water.

To amend the Wild and Scenic Rivers Act to adjust the Crooked River boundary, to provide water certainty for the City of Prineville, Oregon, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Confederate Commemorative Works Inventory and Joint Resource Study Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The American Civil War was fought between 1861 and 1865. (2) As early as 1864, efforts were underway to preserve places that had been the location of pivotal battles during the Civil War, even before surrender occurred. (3) The National Park Service preserves unimpaired the natural and cultural resources and values of the National Park System for the enjoyment, education, and inspiration of this and future generations, including sites dedicated to the interpretation of the American Civil War. (4) The National Park Service, the Department of Veterans Affairs, and the Department of Defense administer public lands that are responsible for Confederate commemorative works. (5) There are 147 national cemeteries in the United States. Fourteen are maintained by the Department of the Interior, through the National Park Service. The Department of Veterans Affairs, through the National Cemetery Administration, administers 131 cemeteries. The Department of Defense, through the Army, administers 2 cemeteries. (6) The Department of Defense has jurisdiction over-- (A) 10 major United States military installations named in honor of Confederate military leaders; and (B) Navy ships named after Confederate victories. SEC. 3. DEFINITIONS. For the purposes of this Act: (1) Confederate commemorative work.--The term ``Confederate commemorative work''-- (A) means any work that mentions individuals or units who participated or served in the advancement of Confederate efforts; and (B) includes the Confederate flag and any other symbols or signage that honors the Confederacy, including any monument, statue, or plaque that honors a Confederate leader, soldier, or supporter of the Confederate States of America. (2) Confederate flag.--The term ``Confederate flag''-- (A) means the national flag of the Confederacy from 1861 through 1865; and (B) includes the Stars and Bars, the Stainless Banner, the Blood-Stained Banner, the Confederate States Navy flag, the battle flag of the Army of Northern Virginia, any State or regimental flag as such flag was depicted during 1861-1865, and modern representations of the Confederate battle flag. (3) Director.--The term ``Director'' means the Director of the National Park Service. (4) Secretary concerned.--The term ``Secretary concerned'' means the Secretary of the Interior, the Secretary of Defense, and the Secretary of Veterans Affairs, each in reference to Federal land under the jurisdiction of that Secretary. SEC. 4. INVENTORY AND RESOURCE STUDY. (a) In General.--Each Secretary concerned shall-- (1) conduct a full inventory of Confederate commemorative works under the administrative jurisdiction of that Secretary; and (2) submit a copy of that inventory to the Director. (b) Contents of Study.--Using the inventories received pursuant to subsection (a), the Director shall conduct a special resource study that-- (1) examines works, commemorating and interpreting the Civil War, the commemoration thereof, the soldiers, people on the home front and battle lines, and the related locations in the United States from 1861 through 1865; and (2) identifies-- (A) a historical assessment, based on extensive research, of each inventoried Confederate commemorative work; (B) an evaluation of the suitability and feasibility of retaining the Confederate commemorative work; (C) the identification of properties that could meet criteria for listing in the National Register of Historic Places or criteria for designation as National Historic Landmarks or if the Confederate commemorative work is already on the or part of, another designation or district; (D) an evaluation of relevant historical research on, education about, interpretation of, and public awareness of the Confederate commemorative work; and (E) any other matters that the Director determines to be appropriate for this study. (c) Report.--Not later than 2 years after funds are made available for the study, the Secretary of the Interior shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing the findings of the study required under subsection (b) and any related recommendations.

Confederate Commemorative Works Inventory and Joint Resource Study Act This bill directs the Departments of the Interior, Defense, and Veterans Affairs to each conduct a full inventory of specified Confederate commemorative works, including flags and other symbols or signage, on the public lands under their jurisdiction. Using such inventories, the National Park Service shall conduct a special resource study to examine the works commemorating and interpreting the Civil War and commemorating, with respect to such war, the soldiers, people on the home front and battle lines, and related locations in the United States from 1861-1865. Among contents required to be identified by the study are historical assessments of each work, the suitability and feasibility of retaining works, identification of properties that could meet the criteria for designation as national historic sites, and an evaluation of historical research.

Confederate Commemorative Works Inventory and Joint Resource Study Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Workplace Advancement and Opportunity Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The proposed rule of the Department of Labor entitled ``Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees'' (80 Fed. Reg. 38516 (July 6, 2015)) provides a minimum salary requirement that would be-- (A) a 113 percent increase during the first year after the final rule takes effect from the salary threshold in effect on February 29, 2016; and (B) an increase that would set the Federal minimum salary threshold 20 percent higher than the minimum salary threshold under any State law effective on the date of enactment of this Act. (2) The Secretary significantly underestimated the cost of compliance with the July 6, 2015, proposed rule. Public comments calculate such rule will impose financial and non- financial costs substantially higher than those estimated by the Department. (3) According to the Office of Advocacy of the Small Business Administration, the initial regulatory flexibility analysis of the July 6, 2015, proposed rule required under section 603 of title 5, United States Code, failed to adequately identify the number of small entities affected by such rule and failed to address how such rule would affect regions with lower costs of living and differences in certain industries. On September 4, 2015, the Office of Advocacy of the Small Business Administration submitted comments to the Secretary regarding such rule, including recommendations to-- (A) reanalyze ``the economic impact of this rule on small businesses'', to ``provide a more accurate estimate of the small entities impacted by this proposal'', and to ``include an analysis of industry sub-sectors, regional differences, and revenue sizes''; (B) reanalyze ``the number of small non-profit organizations and small governmental jurisdictions . . . that are affected by this rule and the economic impact of this rule on these entities''; and (C) provide greater transparency with respect to ``compliance cost data'' and to ``utilize data provided in the comment process to accurately estimate the human resources and financial management costs of this regulation''. (4) The Secretary did not consider the potential impact of the July 6, 2015, proposed rule on workplace flexibility. Public comments address concerns that employees who are reclassified from exempt to nonexempt employees may no longer be able to participate in workplace flexibility arrangements and programs. (5) The Secretary did not analyze the potential impact of the July 6, 2015, proposed rule on companies that operate in multiple States with different costs of living and different salary scales, and the costs and unique complications for these employers associated with reclassifying thousands of employees in multiple States. (6) The July 6, 2015, proposed rule automatically updates the salary threshold on an annual basis for purposes of defining employees subject to the exemption under section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)) for all subsequent years, contrary to the requirement under such section that the definitions applicable for the exemption shall be ``defined and delimited from time to time by regulations of the Secretary''. The Secretary does not have the authority to increase the salary threshold on an annual or other basis without conducting notice and comment rulemaking with respect to each change in accordance with section 553 of title 5, United States Code. (7) Although not proposed in the July 6, 2015, proposed rule, the Secretary indicated that changes to the duties tests may be included in the final rule, without providing for notice and comment regarding the specific proposed revisions. SEC. 3. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Labor. (2) July 6, 2015, proposed rule.--The term ``July 6, 2015, proposed rule'' means the proposed rule of the Department of Labor entitled ``Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees'' (80 Fed. Reg. 38516 (July 6, 2015)) or the final rule with respect to such proposed rule. (3) Medicare or medicaid dependent health care provider.-- The term ``Medicare or Medicaid dependent health care provider'' means an employer who derives more than 50 percent of its revenue from payments under the Medicare program under title XVIII of the Social Security Act, a State plan under the Medicaid program under title XIX of such Act, or both. (4) Secretary.--The term ``Secretary'' means the Secretary of Labor. (5) Small business; small entity; small government jurisdiction; small organization.--The terms ``small business'', ``small entity'', ``small government jurisdiction'', and ``small organization'' have the meanings given such terms in section 601 of title 5, United States Code. (6) Substantially similar rule.--The term ``substantially similar rule'' means any rule or proposed rule that is a reissuance of the July 6, 2015, proposed rule in substantially the same form as such rule, or is the issuance of a new rule or proposed rule that is substantially the same as the July 6, 2015, rule, including any rule that implements the provisions of section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)). SEC. 4. CONDITIONS PRECEDENT FOR SUBSTANTIALLY SIMILAR RULES. (a) Enforcement.-- (1) In general.--Beginning on the date of enactment of this Act, the July 6, 2015, proposed rule shall cease to have any force or effect. (2) Final rule.--In the case that the July 6, 2015, proposed rule is a final rule on the date of enactment of this Act-- (A) the Secretary shall not enforce the final rule based on conduct occurring before such date of enactment; (B) an employee shall not have any right of action against an employer for the employer's failure to comply with the final rule at any time prior to such date of enactment; (C) any regulations that were amended by such final rule shall be restored and revived as if the final rule had never taken effect; and (D) nothing in this Act shall be construed to create a right of action for an employer against an employee for the recoupment of any payments made to the employee prior to the date of enactment of this Act that were in compliance with such final rule. (b) Conditions for Substantially Similar Rules.-- (1) In general.--The Secretary may promulgate any substantially similar rule, subject to paragraph (3), only if the Secretary has completed each action required under paragraph (2). (2) Requirements for substantially similar rules.--The actions required under this paragraph are the following: (A) The Secretary shall conduct an analysis of the impact of the substantially similar rule, including an initial regulatory flexibility analysis under section 603 of title 5, United States Code and assessments under clauses (i) through (iii) of section 6(a)(3)(C) of Executive Order 12866 (5 U.S.C. 601 note, relating to regulatory planning and review) to be provided to the Administrator of the Office of Information and Regulatory Affairs in accordance with such section, and that-- (i) accurately identifies the number of affected small entities by using specific data points from the most recent publication of the Statistics of U.S. Businesses by the Bureau of the Census; (ii) addresses regional, State, county (if applicable), metropolitan, and nonmetropolitan salary and cost of living differences; (iii) provides an analysis of any substantially similar rule, which shall include the percentile of full-time salaried workers affected, and such analysis shall be disaggregated by-- (I) State; (II) industry subsector; (III) small organizations; (IV) small government jurisdictions, including further disaggregation by school district; (V) nonprofit organizations; (VI) Medicare or Medicaid dependent health care providers; and (VII) small businesses; (iv) provides an analysis of management and human resource costs for all employers, including costs associated with changing human resource systems, reclassifying employees, and extra hours spent scheduling employees; (v) provides an analysis of the impact on lower-wage industries, including by geographic area; (vi) provides an analysis of all non- financial costs, including impact on employment, workplace flexibility, employee benefit structure for exempt and nonexempt workers, career advancement opportunities, new business formation, business termination, and loss of market share to foreign competition; and (vii) includes a complete description of any significant alternative as described in section 603(c) of title 5, United States Code, to the substantially similar rule. (B) The Secretary shall publish not less than one small entity compliance guide under section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) to assist small entities in complying with the substantially similar rule. (C) The Secretary shall provide notice of the substantially similar rule in the Unified Agenda of Federal Regulatory and Deregulatory Actions, compiled by the Regulatory Information Service Center of the General Services Administration. (D) The Secretary shall ensure that the effective date for any final rule with respect to the substantially similar rule shall not be less than 1 year after the publication of such final rule in the Federal Register. (E) The Secretary shall comply with the notice and comment requirements under section 553 of title 5, United States Code, and provide a comment period of not less than 120 days. (3) Automatic updates.--Any substantially similar rule promulgated by the Secretary shall not contain any automatic updates to the salary threshold for purposes of the exemption under section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)), in accordance with section 5. SEC. 5. RULE OF CONSTRUCTION. The requirement under section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)) that the definitions applicable for the exemption under such section be ``defined and delimited from time to time by regulations of the Secretary'' shall be construed to-- (1) require the Secretary to issue a new rule through notice and comment rulemaking in accordance with section 553 of title 5, United States Code, for each change in any salary threshold under such section 13(a)(1) proposed by the Secretary; and (2) exclude any rule that would result in changes to any salary threshold under such section for multiple time periods, including through any automatic updating procedure. SEC. 6. REQUIREMENTS FOR DUTIES TESTS. The Secretary may not promulgate any final rule that includes any provision revising any of the duties tests provided in part 541 of title 29, Code of Federal Regulations (or any successor regulation), for exemption under section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)) unless specific regulatory text for the provision was proposed in the proposed rule.

Protecting Workplace Advancement and Opportunity Act This bill declares that the proposed or the final rule of the Department of Labor entitled "Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees" shall cease to have any force or effect. The rule revises the "white collar" exemption of executive, administrative, professional, outside sales, and computer employees from minimum wage and maximum hour, or overtime, requirements of the Fair Labor Standards Act of 1938 (FLSA). If the proposed rule is a final rule on the date of enactment of this bill: Labor shall not enforce it based on conduct occurring before that enactment date, an employee shall not have any right of action against an employer for the employer's failure to comply with the final rule at any time before that enactment date, any regulations that were amended by the final rule shall be restored and revived as if the final rule had never taken effect, and nothing in this bill shall be construed to create a right of action for an employer against an employee for the recoupment of any payments made to the employee before the enactment of this bill that were in compliance with that final rule. Labor may promulgate any substantially similar rule only if it has completed certain required actions; but the rule shall not contain any automatic updates to the salary threshold for purposes of exemptions to minimum wage and maximum hour requirements under the FLSA. The requirement that definitions applicable for such exemptions be defined and delimited from time to time by Labor regulations shall be construed to: require Labor to issue a new rule through notice and comment rulemaking for each change in any salary threshold it has proposed; and exclude any rule that would result in changes to any salary threshold for multiple time periods, including through any automatic updating procedure. Labor may not promulgate any final rule that includes any revision to duties tests for exemption from minimum wage and maximum hours requirements unless specific regulatory text for the provision was proposed in the proposed rule.

Protecting Workplace Advancement and Opportunity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Discretionary Spending Control Act of 2004''. SEC. 2. EXTENSION OF DISCRETIONARY SPENDING LIMITS. (a) Discretionary Spending Limits.--(1) Section 251(c)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (relating to fiscal year 2004) is amended-- (A) in subparagraph (A), by striking ``$31,834,000,000'' and inserting ``$28,052,000,000''; and (B) in subparagraph (B), by striking ``$1,462,000,000'' and inserting ``$1,436,000,000'' and by striking ``$6,629,000,000'' and inserting ``$6,271,000,000''. (2) Section 251(c)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting a dash after ``2005'', by redesignating the remaining portion of such paragraph as subparagraph (D) and by moving it two ems to the right, and by inserting after the dash the following new subparagraphs: ``(A) for the general purpose discretionary category: $817,726,000,000 in new budget authority and $866,056,000,000 in outlays; ``(B) for the highway category: $30,585,000,000 in outlays; and ``(C) for the mass transit category: $1,554,000,000 in new budget authority and $6,787,000,000 in outlays; and''. (3) Section 251(c)(3) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting a dash after ``2006'', by redesignating the remaining portion of such paragraph as subparagraph (D) and by moving it two ems to the right, and by inserting after the dash the following new subparagraphs: ``(A) for the general purpose discretionary category: $831,417,000,000 in new budget authority and $846,280,000,000 in outlays; ``(B) for the highway category: $33,271,000,000 in outlays; and ``(C) for the mass transit category: $1,671,000,000 in new budget authority and $7,585,000,000 in outlays; and''. (4) Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by redesignating paragraphs (4) through (9) as paragraphs (7) through (12) and inserting after paragraph (3) the following new paragraphs: ``(4) with respect to fiscal year 2007-- ``(A) for the highway category: $35,248,000,000 in outlays; and ``(B) for the mass transit category: $1,785,000,000 in new budget authority and $8,110,000,000 in outlays; ``(5) with respect to fiscal year 2008-- ``(A) for the highway category: $36,587,000,000 in outlays; and ``(B) for the mass transit category: $1,890,000,000 in new budget authority and $8,517,000,000 in outlays; and ``(6) with respect to fiscal year 2009-- ``(A) for the highway category: $37,682,000,000 in outlays; and ``(B) for the mass transit category: $2,017,000,000 in new budget authority and $8,968,000,000 in outlays;''. (b) Definitions.--Section 250(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in subparagraph (B), by-- (A) striking ``the Transportation Equity Act for the 21st Century and the Surface Transportation Extension Act of 2003'' and inserting ``the Transportation Equity Act: A Legacy for Users''; and (B) inserting before the period at the end the following new clauses: ``(v) 69-8158-0-7-401 (Motor Carrier Safety Grants). ``(vi) 69-8159-0-7-401 (Motor Carrier Safety Operations and Programs).''; (2) in subparagraph (C), by-- (A) inserting ``(and successor accounts)'' after ``budget accounts''; and (B) striking ``the Transportation Equity Act for the 21st Century and the Surface Transportation Extension Act of 2003 or for which appropriations are provided pursuant to authorizations contained in those Acts (except that appropriations provided pursuant to section 5338(h) of title 49, United States Code, as amended by the Transportation Equity Act for the 21st Century, shall not be included in this category)'' and inserting ``the Transportation Equity Act: A Legacy for Users or for which appropriations are provided pursuant to authorizations contained in that Act''; and (3) in subparagraph (D)(ii), by striking ``section 8103 of the Transportation Equity Act for the 21st Century'' and inserting ``section 8103 of the Transportation Equity Act: A Legacy for Users''. SEC. 3. ADJUSTMENTS TO ALIGN HIGHWAY SPENDING WITH REVENUES. Subparagraphs (B) through (E) of section 251(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 are amended to read as follows: ``(B) Adjustment to align highway spending with revenues.--(i) When the President submits the budget under section 1105 of title 31, United States Code, OMB shall calculate and the budget shall make adjustments to the highway category for the budget year and each outyear as provided in clause (ii)(I)(cc). ``(ii)(I)(aa) OMB shall take the actual level of highway receipts for the year before the current year and subtract the sum of the estimated level of highway receipts in subclause (II) plus any amount previously calculated under item (bb) for that year. ``(bb) OMB shall take the current estimate of highway receipts for the current year and subtract the estimated level of receipts for that year. ``(cc) OMB shall add one-half of the sum of the amount calculated under items (aa) and (bb) to the obligation limitations set forth in the section 8103 of the Transportation Equity Act: A Legacy for Users and, using current estimates, calculate the outlay change resulting from the change in obligations for the budget year and the first outyear and the outlays flowing therefrom through subsequent fiscal years. After making the calculations under the preceding sentence, OMB shall adjust the amount of obligations set forth in that section for the budget year and the first outyear by adding one-half of the sum of the amount calculated under items (aa) and (bb) to each such year. ``(II) The estimated level of highway receipts for the purposes of this clause are-- ``(aa) for fiscal year 2004, $30,572,000,000; ``(bb) for fiscal year 2005, $34,260,000,000; ``(cc) for fiscal year 2006, $35,586,000,000; ``(dd) for fiscal year 2007, $36,570,000,000; ``(ee) for fiscal year 2008, $37,603,000,000; and ``(ff) for fiscal year 2009, $38,651,000,000. ``(III) In this clause, the term `highway receipts' means the governmental receipts credited to the highway account of the Highway Trust Fund. ``(C) In addition to the adjustment required by subparagraph (B), when the President submits the budget under section 1105 of title 31, United States Code, for fiscal year 2006, 2007, 2008, or 2009, OMB shall calculate and the budget shall include for the budget year and each outyear an adjustment to the limits on outlays for the highway category and the mass transit category equal to-- ``(i) the outlays for the applicable category calculated assuming obligation levels consistent with the estimates prepared pursuant to subparagraph (D), as adjusted, using current technical assumptions; minus ``(ii) the outlays for the applicable category set forth in the subparagraph (D) estimates, as adjusted. ``(D)(i) When OMB and CBO submit their final sequester report for fiscal year 2004, that report shall include an estimate of the outlays for each of the categories that would result in fiscal years 2005 through 2009 from obligations at the levels specified in section 8103 of the Transportation Equity Act: A Legacy for Users using current assumptions. ``(ii) When the President submits the budget under section 1105 of title 31, United States Code, for fiscal year 2006, 2007, 2008, or 2009, OMB shall adjust the estimates made in clause (i) by the adjustments by subparagraphs (B) and (C). ``(E) OMB shall consult with the Committees on the Budget and include a report on adjustments under subparagraphs (B) and (C) in the preview report.''. SEC. 4. LEVEL OF OBLIGATION LIMITATIONS. (a) Highway Category.--For the purposes of section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, the level of obligation limitations for the highway category is-- (1) for fiscal year 2004, $34,309,000,000; (2) for fiscal year 2005, $35,671,000,000; (3) for fiscal year 2006, $36,719,000,000; (4) for fiscal year 2007, $37,800,000,000; (5) for fiscal year 2008, $38,913,000,000; and (6) for fiscal year 2009, $40,061,000,000. (b) Mass Transit Category.--For the purposes of section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, the level of obligation limitations for the mass transit category is-- (1) for fiscal year 2004, $7,266,000,000; (2) for fiscal year 2005, $7,750,000,000; (3) for fiscal year 2006, $8,266,000,000; (4) for fiscal year 2007, $8,816,000,000; (5) for fiscal year 2008, $9,403,000,000; and (6) for fiscal year 2009, $10,029,000,000. For purposes of this subsection, the term ``obligation limitations'' means the sum of budget authority and obligation limitations. SEC. 5. ADVANCE APPROPRIATIONS. Section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subsection: ``(d) Advance Appropriations.--In any of fiscal years 2005 through 2007, discretionary advance appropriations provided in appropriation Acts in excess of $23,558,000,000 shall be counted against the discretionary spending limits for the fiscal year for which the appropriation Act containing the advance appropriation is enacted.''. SEC. 6. DEFINITIONS. (a) In General.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new paragraphs: ``(20) The term `advance appropriation' means appropriations that first become available one fiscal year or more beyond the fiscal year for which an appropriation Act making such funds available is enacted. ``(21)(A) Except as provided by subparagraph (B), the term `emergency requirement' means any provision that provides new budget authority and resulting outlays for a situation that poses a threat to life, property, or national security and is-- ``(i) sudden, quickly coming into being, and not building up over time; ``(ii) an urgent, pressing, and compelling need requiring immediate action; ``(iii) subject to subparagraph (B), unforeseen, unpredictable, and unanticipated; and ``(iv) not permanent, temporary in nature. ``(B) An emergency that is part of an aggregate level of anticipated emergencies, particularly when normally estimated in advance, is not unforeseen.''. (b) Fire Suppression; Contingency Operations Related to Global War on Terrorism.--Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subparagraph: ``(I) Fire suppression.--(i) If a bill or joint resolution is enacted that provides new budget authority for wildland fire suppression for fiscal year 2005 or fiscal year 2006 that would cause the level of total new budget authority for wildland fire suppression to exceed the base amount for that fiscal year, the adjustment for that fiscal year shall be the additional new budget authority provided for such purpose and the additional outlays flowing from such amounts, but shall not exceed-- ``(I) for the Forest Service for fiscal year 2005 or fiscal year 2006 (as applicable), $400,000,000; and ``(II) for the Department of the Interior for fiscal year 2005 or fiscal year 2006 (as applicable), $100,000,000. ``(ii) For this subparagraph, the term ``base amount'' refers to the average of the obligations of the 10 fiscal years preceding the current year for wildfire suppression in the Forest Service and in the Department of the Interior, as calculated by OMB, but for fiscal year 2005 the base amount is $880,000,000. ``(J) Contingency operations related to global war on terrorism.--If, for fiscal year 2005, supplemental appropriations for discretionary accounts are enacted for contingency operations related to the global war on terrorism that, pursuant to this subparagraph, the President designates as a contingency operation related to the global war on terrorism and the Congress so designates in statute, the adjustment shall be the total of such appropriations in discretionary accounts so designated, but not to exceed $50,000,000,000, and the outlays flowing in all fiscal years from such appropriations.''. (c) Conforming Amendment.--The second sentence of section 250(c)(4)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``The general purpose discretionary category shall consist of accounts designated in the joint explanatory statement of managers accompanying the conference report on the Spending Control Act of 2004.''. SEC. 7. PROJECTIONS UNDER SECTION 257. Section 257(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after paragraph (6) the following new paragraph: ``(7) Emergencies.--New budgetary resources designated under section 251(b)(2)(A) or 251(b)(2)(J) shall not be assumed beyond the fiscal year for which they have been enacted.''. SEC. 8. REPORTS. Subsections (c)(2) and (f)(2)(A) of section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 are amended by striking ``2002'' and inserting ``2006 (or 2009 solely for purposes of enforcing the discretionary spending limits for the highway and mass transit categories)''. SEC. 9. EXPIRATION. Section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``2002'' and inserting ``2006 (or 2009 solely for purposes of enforcing the discretionary spending limits for the highway and mass transit categories)''.

Discretionary Spending Control Act of 2004 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to: (1) revise for FY 2004 discretionary spending limits (spending caps) for the highway and mass transit categories; (2) set forth for FY 2005 and 2006 new budget authority and outlays for the general purpose discretionary category, outlays for the highway category and new budget authority and outlays for the mass transit category; and (3) set forth for FY 2007 through 2009 outlays for the highway category and new budget authority and outlays for the mass transit category. Revises the requirement that the Office of Management and Budget (OMB) make adjustments to the highway category to conform to estimated levels of highway receipts. Sets forth the level of obligation limitations (sum of budget authority and obligation limitations) for the highway and mass transit categories for FY 2004 through 2009. Provides that, in any of FY 2005 through 2006, discretionary advance appropriations provided in appropriation Acts in excess of $23,558 billion shall be counted against the discretionary spending limits for the fiscal year for which the appropriation Act containing the advance appropriation is enacted. Provides, under specified conditions, for additional new budget authority in FY 2005 or 2005 for fire suppression and for an adjustment in the discretionary spending limit for FY 2005 for supplemental appropriations for the global war on terrorism. Requires the estimates set forth in the discretionary sequestration preview and final reports issued by OMB and the Congressional Budget Office (CBO) to include the current year and each subsequent year through FY 2006 (or FY 2009 solely to enforce the discretionary spending limits for the highway and mass transit categories). Extends certain budget enforcement requirements through FY 2006 (or 2009 for enforcing the spending caps for the highway and mass transit categories).

To amend part C of the Balanced Budget and Emergency Deficit Control Act of 1985 to extend the discretionary spending limits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Force Work Force Renewal Act''. SEC. 2. TEMPORARY AUTHORITY REGARDING VOLUNTARY SEPARATION INCENTIVES AND EARLY RETIREMENT FOR EMPLOYEES OF THE DEPARTMENT OF THE AIR FORCE. (a) Separation Pay.--Section 5597(b) of title 5, United States Code, is amended by adding at the end the following: ``Under such program separation pay may also be offered for the purpose of maintaining continuity of skills among employees of the Department of the Air Force and adapting the skills of the workforce of such Department to emerging technologies critical to the needs and goals of such Department.''. (b) Retirement Under Civil Service Retirement System.--Section 8336 of such title is amended by adding at the end the following new subsection: ``(o)(1) An employee of the Department of the Air Force who is separated from the service voluntarily as a result of a determination described in paragraph (2) after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity. ``(2) A determination under this paragraph is a determination by the Secretary of the Air Force that the separation described in paragraph (1) is necessary for the purpose of maintaining continuity of skills among employees of the Department of the Air Force and adapting the skills of the workforce of the Department to emerging technologies critical to the needs and goals of the Department.''. (c) Retirement Under Federal Employees' Retirement System.--Section 8414 of such title is amended by adding at the end the following new subsection: ``(d)(1) An employee of the Department of the Air Force who is separated from the service voluntarily as a result of a determination described in paragraph (2) after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity. ``(2) A determination under this paragraph is a determination by the Secretary of the Air Force that the separation described in paragraph (1) is necessary for the purpose of maintaining continuity of skills among employees of the Department of the Air Force and adapting the skills of the workforce of the Department to emerging technologies critical to the needs and goals of the Department.''. (d) Limitation of Applicability.--The authority to provide separation pay and retirement benefits under the amendments made by this section-- (1) may be exercised with respect to not more than 1000 civilian employees of the Department of the Air Force during each calendar year; and (2) shall expire on the date that is five years after the date of the enactment of this Act. SEC. 3. AIR FORCE EXPERIMENTAL PERSONNEL MANAGEMENT PROGRAM FOR TECHNICAL PERSONNEL. (a) Program Authorized.--During the 5-year period beginning on the date of the enactment of this Act, the Secretary of the Air Force may carry out a program of experimental use of the special personnel management authority provided in subsection (b) in order to facilitate recruitment of civilian personnel to perform the following: (1) Research and exploratory or advanced development. (2) Acquisition of major weapons systems, excluding sustainment activities. (b) Special Personnel Management Authority.--(1) Under the program, the Secretary may-- (A) appoint eminent scientists and engineers from outside the civil service and uniformed services (as such terms are defined in section 2101 of title 5, United States Code) to not more than 62 positions in the Department of the Air Force without regard to the provisions of such title governing the appointment of employees in the civil service, except that the Secretary shall-- (i) provide for consideration of veterans' preference eligibility as described in section 2108 of such title; and (ii) follow merit system principles, as established in chapter 23 of such title; (B) prescribe the rates of basic pay for positions to which employees are appointed under subparagraph (A) at rates not in excess of the rate payable for positions at level I of the Executive Schedule under section 5312 of such title; and (C) make payments to any employee appointed under subparagraph (A) in addition to basic pay within the limitation applicable to the employee under subsection (d)(1). (2) Of the 62 positions described in paragraph (1)-- (A) 50 of such positions shall be allocated to organizations performing research and exploratory or advanced development; and (B) 12 of such positions shall be allocated to organizations whose primary mission is the development and acquisition of major weapons systems, excluding sustainment activities. (c) Limitation on Term of Appointment.--(1) Except as provided in paragraph (2), the service of an employee under an appointment under subsection (b)(1) may not exceed 4 years. (2) The Secretary may, in the case of a particular employee, extend the period to which service is limited under paragraph (1) by not more than 2 years if the Secretary determines that such action in necessary to promote the efficiency of the Department of the Air Force. (d) Limitations on Additional Payments.--(1) The total amount of additional payments paid to an employee under subsection (b)(1)(C) for any 12-month period may not exceed the lesser of the following amounts: (A) $25,000. (B) The amount equal to 25 percent of the employee's annual rate of basic pay. (2) An employee appointed under subsection (b)(1) is not eligible for a bonus, monetary award, or other monetary incentive for service other than payments authorized under subsection (b)(1)(C). (e) Period of Program.--(1) The program authorized under this section shall terminate at the end of the 5-year period referred to in subsection (a). (2) After the termination of the program-- (A) no appointment may be made under subsection (b)(1); (B) a rate of basic pay prescribed under subsection (b)(1)(B) may not take effect for a position; and (C) no period of service may be extended under subsection (c). (f) Savings Provisions.--In the case of an employee who, on the day before the termination of the program, is serving in a position pursuant to an appointment under subsection (b)(1)-- (1) the termination of the program shall not terminate the employee's employment in that position before the expiration of the lesser of-- (A) the period for which the employee was appointed; or (B) the period to which the employee's service is limited under subsection (c), including any extension made under paragraph (2) of that subsection before the termination of the program; and (2) the rate of basic pay prescribed for the position under subsection (b)(1)(B) may not be reduced for so long (within the period applicable to the employee under paragraph (1)) as the employee continues to serve in the position without a break in service. (g) Annual Report.--(1) Not later than October 15 of each of years 2001 through 2006, the Secretary shall submit a report on the program to the Committees on Armed Services of the Senate and the House of Representatives. (2) The annual report shall contain, for the period covered by the report, the following: (A) A detailed discussion of the exercise of authority under this section. (B) The sources from which individuals appointed under subsection (b)(1) were recruited. (C) The methodology used for identifying and selecting such individuals. (D) Any additional information that the Secretary considers helpful for assessing the utility of the authority under this section. SEC. 4. AIR FORCE EXPERIMENTAL HIRING PROGRAM. (a) Program Authorized.--During the 5-year period beginning on the date of the enactment of this Act, the Secretary of the Air Force may carry out a program of experimental use of the authority provided in subsections (b), (c), and (d) in order to facilitate recruitment of civilian personnel to carry out the following: (1) Research and exploratory or advanced development. (2) Acquisition of major weapons systems, excluding sustainment activities. (b) Category Ranking.--(1) Notwithstanding sections 3309, 3313, 3317(a), and 3318(a) of title 5, United States Code, the Secretary may provide that applicants for positions in the Department of the Air Force be evaluated according to a quality category rating system based on relative degrees of merit, rather than according to numerical ratings. (2) Under the system described in paragraph (1), each applicant who meets the minimum qualification requirements shall be assigned to the appropriate category based on an evaluation of the quality of the applicant's knowledge, skills, and abilities relative to successful performance in the position to be filled. (3) Within each such quality category, applicants who are eligible for veterans' preference under section 2108 of such title shall have priority over applicants who are not eligible for such preference. (4)(A) Each applicant, other than applicants for scientific and professional positions at the GS-9 level or above, or the equivalent, who meets the minimum qualifications requirements and who is eligible for veterans' preference under section 2108(3)(C) of such title and who has a compensable service-connected disability of 10 percent or more shall have the highest priority in the quality category. (B) Applicants for scientific or professional positions at the GS-9 level or above, or the equivalent, shall be listed within their category grouping, except that applicants who are eligible for veterans' preference under such section 2108 shall have priority over applicants who are not eligible for preference. Among preference eligibles, preference shall be given without regard to the type of preference. (5) Under the system described in paragraph (1), an appointing official may select any qualified applicant within the highest category, except that such an official may not pass over a preference eligible for an individual who is not a preference eligible in the same category unless the requirements of section 3312(b) or 3318(b) of title 5, United States Code, are satisfied. If fewer than 3 applicants have been assigned to the highest category, an appointing official may select any qualified applicant in the next lower category or categories, if necessary to provide a pool of at least 3 qualified applicants. An appointing official may not pass over a preference eligible applicant to select a nonpreference eligible applicant in a lower category. (c) Shortage and Critical Need Hiring Authority.--(1) Notwithstanding section 3304(b) of title 5, United States Code, the Secretary of the Air Force may appoint individuals into the competitive service to fill civilian positions in the Department of the Air Force without competition, provided public notice has been given and the positions meet one of the following criteria: (A) There is a severe shortage of qualified candidates for the position. (B) There is a need for expedited hiring for the position. (C) The position is unique and has special qualifications. (D) The position has a historically high turnover rate. (2) The Secretary may appoint individuals with exceptional academic qualifications or special experience to positions described in paragraph (1). Individuals who qualify on the basis of education must possess a cumulative grade point average of 3.5 or higher on a 4.0 scale (or the equivalent grade point average on a different scale). (3) Applicants who are eligible for veterans' preference under section 2108 of title 5, United States Code, shall have priority over applicants who are not eligible for such preference. Among preference eligibles, a preference eligible applicant under subparagraphs (C) through (G) of section 2108(3) of such title shall have priority over an applicant who is eligible for preference under subparagraphs (A) or (B) of such section. An appointing official may not pass over a preference eligible applicant to select a nonpreference eligible applicant unless the requirements of section 3312(b) or 3318(b) of such title are satisfied.

Entitles employees who are voluntarily separated for the above reasons after completing 25 years of service or after becoming 50 years of age and completing 20 years of service to an annuity under either the Civil Service Retirement System or the Federal Employees' Retirement System. Limits the provision of such pay and annuity benefits to not more than 1000 employees in a calendar year. Terminates such authority five years after the enactment of this Act. Authorizes the Secretary of the Air Force, during the five-year period beginning on the enactment of this Act, to carry out a program of experimental use of special personnel management authority to appoint scientists and engineers from outside the civil service to perform: (1) research and exploratory or advanced development; and (2) acquisition of major weapons systems. Limits the number of such appointments to 62, with 50 appointed for the research and development positions and 12 for the acquisition positions. Limits the appointment term to four years, with an authorized two-year extension when necessary to promote Air Force efficiency. Limits the total amount to be paid to employees for any 12-month period as payments in addition to basic pay (offered to recruit highly-qualified individuals). Requires an annual program report from the Secretary to the congressional defense committees during 2001 through 2006. Authorizes the Secretary, during the same period, to carry out a program of experimental hiring for the above positions, using an employee rating system based on relative degrees of merit rather than numerical ratings. Gives priority to candidates with a service- connected disability rating of ten percent or more. Authorizes the Secretary to appoint individuals to fill civilian Air Force positions without competition, provided that public notice has been given and: (1) there is a severe shortage of qualified candidates; (2) there is a need for expediting such hiring; (3) the position is unique and has special qualifications; or (4) the position has a historically high turnover rate. Authorizes the Secretary to appoint to such positions individuals with exceptional academic qualifications (grade point average of 3.5 or higher) or special experience. Gives priority to applicants who are eligible for the veterans' preference.

Air Force Work Force Renewal Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Removal of Terrorist Criminal Aliens Act of 2003''. SEC. 2. EXPEDITED REMOVAL OF TERRORIST CRIMINAL ALIENS. (a) In General.--Title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting after section 238 the following: ``SEC. 238A. EXPEDITED REMOVAL OF TERRORIST CRIMINAL ALIENS. ``(a) In General.--The Secretary of Homeland Security, in such Secretary's discretion, may in the case of an alien described in subsection (b), determine whether such alien is deportable and issue a final order of removal pursuant to the procedures set forth in this section. ``(b) Aliens Described.--An alien is described in this subsection if-- ``(1) the alien, whether or not admitted into the United States, was convicted of any criminal offense described in paragraph (2), (3)(B), or (6) of section 237(a) (without regard to the date of the commission of the offense); and ``(2) the Secretary of Homeland Security, in such Secretary's discretion and in consultation with appropriate heads of agencies of the executive branch, certifies that the alien is engaged in any activity that endangers the national security of the United States. ``(c) Execution of Order.-- ``(1) In general.--The Secretary of Homeland Security, in such Secretary's discretion, may at any time execute any order described in subsection (a), except-- ``(A) during the 14-day period commencing after the date on which such order is issued, in order that the alien has an opportunity to apply for judicial review under section 242, unless this subparagraph is waived by the alien; or ``(B) if the removal has been stayed under section 242(f)(2). ``(2) Review.--Notwithstanding any other provision of law, including section 2241 of title 28, United States Code, no court other than a court of appeals pursuant to its jurisdiction under section 242 of this Act shall have jurisdiction to review or set aside any order, action, or decision taken or issued pursuant to this section. Review in the court of appeals shall be limited to determining whether the petitioner is-- ``(A) an alien; and ``(B) subject to a final judgment of conviction for an offense described in paragraph (2), (3)(B), or (6) of section 237(a). ``(d) Regulations.--Proceedings before the Secretary of Homeland Security under this section shall be in accordance with such regulations as such Secretary shall prescribe. Such regulations shall provide that-- ``(1) the alien shall be given reasonable notice of the grounds for removal alleged and of the opportunity described in paragraph (3); ``(2) the alien shall have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as the alien shall choose; ``(3) the alien shall have a reasonable opportunity to inspect the evidence and rebut the charges that the alien is subject to a final judgment of conviction for an offense described in paragraph (2), (3)(B), or (6) of section 237(a); ``(4) a determination shall be made on the record that the individual upon whom the notice for the proceeding under this section is served (either in person or by mail) is, in fact, the alien named in such notice; ``(5) a record shall be maintained for judicial review; and ``(6) the final order of removal may not be adjudicated by the same person who issues the charges. ``(e) Eligibility for Certain Relief.--No alien described in subsection (b), regardless of whether the alien is subject to procedures under this section or to proceedings under section 240, shall be eligible for withholding under section 241(b)(3) or for any discretionary relief from removal under the immigration laws of the United States.''. (b) Clerical Amendment.--The table of contents for the Immigration and Nationality Act is amended by inserting after the item relating to section 238 the following: ``238A. Expedited removal of terrorist criminal aliens.''. SEC. 3. ADDITIONAL REMOVAL AUTHORITIES. (a) In General.--Section 241(b) of the Immigration and Nationality Act (8 U.S.C. 1231(b)) is amended-- (1) in paragraph (1)-- (A) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; (B) in each of subparagraphs (A) and (B), by striking the period at the end and inserting ``unless, in the opinion of the Secretary of Homeland Security, removing the alien to such country would be prejudicial to the United States.''; and (C) by amending subparagraph (C) to read as follows: ``(C) Alternative countries.--If the alien is not removed to a country designated in subparagraph (A) or (B), the Secretary of Homeland Security may, in such Secretary's discretion, remove the alien to-- ``(i) the country of which the alien is a citizen, subject, or national, unless the country prevents the alien from entering the country upon the alien's removal there; or ``(ii) any country whose government will accept the alien into that country.''; and (2) in paragraph (2)-- (A) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; (B) by amending subparagraph (D) to read as follows: ``(D) Alternative countries.--If the alien is not removed to a country designated under subparagraph (A)(i), the Secretary of Homeland Security may, in such Secretary's discretion, remove the alien to a country of which the alien is a subject, national, or citizen, unless-- ``(i) the country prevents the alien from entering the country upon the alien's removal there; or ``(ii) in the opinion of the Secretary of Homeland Security, removing the alien to the country would be prejudicial to the United States.''; and (C) by amending subparagraph (E)(vii) to read as follows: ``(vii) Any country whose government will accept the alien into that country.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to any deportation, exclusion, or removal on or after such date pursuant to any deportation, exclusion, or removal order, regardless of whether such order is administratively final before, on, or after such date. SEC. 4. REMOVAL OF ALIENS POSING A DANGER TO NATIONAL SECURITY. Section 237(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) is amended by adding at the end the following: ``(E) National security.-- ``(i) Aliens other than lawful permanent residents.--An alien, other than an alien lawfully admitted for permanent residence, whose presence or activities in the United States the Attorney General or the Secretary of Homeland Security has reason to believe poses or pose a danger to the national security of the United States (as defined in section 219(c)(2)), is deportable. ``(ii) Delegation.--Delegation by the Attorney General and the Secretary of Homeland Security of authority to make determinations for the purpose of establishing deportability under this subparagraph shall be limited to the Deputy Attorney General and the Deputy Secretary of Homeland Security, respectively. ``(iii) Best available information.--In making determinations for the purpose of establishing whether an alien is deportable under this subparagraph, the Attorney General or the Deputy Attorney General, and the Secretary of Homeland Security or Deputy Secretary of Homeland Security, may take into account the best available information from the intelligence community, including confidential or national security information, and shall consult with appropriate heads of agencies of the executive branch. ``(iv) Judicial review.--A determination made under this subparagraph shall be affirmed if challenged in Federal court where a facially legitimate and bona fide reason in support of the determination is provided. ``(v) Relief and withholding.--An alien who is deportable under this subparagraph shall not be eligible for any discretionary relief from removal or for withholding of removal under section 241(b)(3). Notwithstanding any other provision of law, including section 2241 of title 28, United States Code, no court shall have jurisdiction to review a denial of relief or withholding made pursuant to this clause.''.

Removal of Terrorist Criminal Aliens Act of 2003 - Amends the Immigration and Nationality Act to establish procedures for the expedited removal of a terrorist criminal alien, and authorizes the Secretary of Homeland Security to issue a final order of removal under such provisions. Limits judicial review respecting such an order, action, or decision. Makes such an alien ineligible for certain discretionary relief from removal. Revises provisions respecting countries to which an alien may be removed. Includes among the classes of deportable aliens a non-permanent resident alien who poses a danger or national security threat to the United States.

To strengthen the law enabling the United States to expeditiously remove terrorist criminals, to add flexibility with respect to the places to which aliens may be removed, to give sufficient authority to the Secretary of Homeland Security and the Attorney General to remove aliens who pose a danger to national security, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accessing Medicare Therapies Act of 2013''. SEC. 2. COUNTING THE NEGOTIATED PRICE OF DRUGS PROVIDED FREE OR AT NOMINAL CHARGE UNDER COMPASSIONATE TREATMENT PROGRAMS TOWARDS INCURRED OUT-OF-POCKET COSTS. (a) In General.--Section 1860D-2(b)(4) of the Social Security Act (42 U.S.C. 1395w-102(b)(4)) is amended-- (1) in subparagraph (C), by striking ``subparagraph (E)'' and inserting ``subparagraphs (E) and (F)''; and (2) by adding at the end the following new subparagraph: ``(F) Inclusion of negotiated price of drugs provided under compassionate treatment programs.-- ``(i) In general.--In applying subparagraph (A) with respect to an individual enrolled in a prescription drug plan, incurred costs shall include the negotiated price described in clause (ii) of a covered part D drug if-- ``(I) the drug is classified, for purposes of applying tiered copayments consistent with section 1860D- 2(b)(2)(B), in the highest copayment tier (such as a tier 4 for specialty brand-name drugs); ``(II) the drug is furnished to the individual free or at nominal charge under a compassionate treatment program (as defined in clause (iii)); and ``(III) the drug, if furnished other than through such program, is covered under the formulary of the plan or is available through exception or appeal. ``(ii) Negotiated price.--The negotiated price described in this clause, for a covered part D drug which is dispensed to an enrollee-- ``(I) by a pharmacy, is the negotiated price at such pharmacy; or ``(II) other than by a pharmacy, is the average negotiated price for the drug in the prescription drug plan in the zip code of the enrollee as of the date the drug is dispensed. ``(iii) Compassionate treatment program defined.--In this subparagraph, the term `compassionate treatment program' means, with respect to covered part D drugs, a program that-- ``(I) is administered by an entity described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from tax under section 501(a) of such Code; ``(II) takes title to the drugs and distributes the drugs to eligible part D individuals free or at nominal charge on the basis of the entity's assessment of financial need of such individuals; ``(III) does not distribute the drugs to an individual unless the individual's household income (as determined under section 36B of the Internal Revenue Code of 1986) is less than the maximum income level for the taxpayer in the household to be eligible for a refundable credit under such section; and ``(IV) meets such additional requirements as the Inspector General of the Department of Health and Human Services establishes, consistent with guidance and advisory opinions issued under section 1128D, to prevent fraud or abuse in the application of this subparagraph.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to drugs furnished in plan years beginning on or after January 1, 2014.

Accessing Medicare Therapies Act of 2013 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act, with respect to cost-sharing under a prescription drug plan, to require incurred costs to include the negotiated price of a covered part D drug if the drug is: (1) classified in the highest copayment tier; (2) furnished to the individual free or at nominal charge under a compassionate treatment program; and (3) covered under the formulary of the plan, if the drug is furnished other than through such a program, or is available through exception or appeal.

Accessing Medicare Therapies Act of 2013

SECTION 1. NATIONAL TESTS. (a) OERI Annual Spending Plan.--Notwithstanding any other provision of law, the Assistant Secretary for Educational Research and Improvement shall submit to the Committee on Appropriations of the Senate a spending plan for activities funded through the Office of Educational Research and Improvement for each fiscal year, prior to the obligation of any funds for the fiscal year. (b) Exclusive Authority.--Notwithstanding any other provision of law, the National Assessment Governing Board established under section 412 of the National Education Statistics Act of 1994 (20 U.S.C. 9011) (hereafter in this section referred to as the ``Board'') shall hereafter have exclusive authority over all policies, direction, and guidelines for establishing and implementing voluntary national tests for 4th grade English reading and 8th grade mathematics. (c) Availability.--The tests described in subsection (b) shall be made available to a State, local educational agency, or private or parochial school, upon the request of the State, agency, or school, and the use of the tests shall not be a condition for receiving any Federal funds. (d) Contract.-- (1) In general.--Within 90 days after the date of enactment of this Act, the Board shall review the national test development contract in effect on the date of enactment of this Act, and modify the contract as the Board determines necessary. If the contract cannot be modified to the extent determined necessary by the Board, the contract shall be terminated and the Board shall negotiate a new contract, under the Board's exclusive control, for the tests. (2) Board duties.--In exercising the Board's responsibilities under paragraph (1) regarding the national tests, and notwithstanding any action undertaken by the Department of Education or a person contracting with or providing services for the Department regarding the planning, or the development of specifications, for the tests, the Board shall-- (A) ensure that the content and standards for the tests are the same as the content and standards for the National Assessment; (B) exercise exclusive authority over any expert panel or advisory committee that will be or is established with respect to the tests; (C) ensure that the tests are linked to the National Assessment to the maximum degree possible ; (D) develop test objectives, test specifications, and test methodology; (E) develop policies for test administration, including guidelines for inclusion of, and accommodations for, students with disabilities and students with limited English proficiency; (F) develop policies for reporting test results, including the use of standards or performance levels, and for test use; (G) have final authority over the appropriateness of all test items; (H) ensure that all items selected for use on the tests are free from racial, cultural, or gender bias; and (I) take such actions and make such policies as the Board determines necessary. (e) Consent Required.--No State or local educational agency may require any private or parochial school student, or home-schooled individual, to take any test developed under this Act without the written consent of the student or individual. (f) NAGB Amendments.--Section 412 of the National Education Statistics Act of 1994 (20 U.S.C. 9011) is amended-- (1) in subsection (b)(1)-- (A) by amending subparagraph (A) to read as follows: ``(A) three Governors, or former Governors, of whom not more than 1 shall be a member of the same political party as the President;''; (B) by amending subparagraph (B) to read as follows: ``(B) two State legislators, of whom not more than 1 shall be a member of the same political party as the President;''; (C) in subparagraph (H), by striking ``one representative'' and inserting ``three representatives''; (D) by amending subparagraph (I) to read as follows: ``(I) two mayors, of whom not more than 1 shall be a member of the same political party as the President;''; (E) by striking subparagraph (J); and (F) by redesignating subparagraphs (K), (L), and (M) as subparagraphs (J), (K), and (L), respectively; (2) in subsection (c)-- (A) in paragraph (1), by striking ``and may not exceed a period of 3'' and inserting ``and shall be for periods of 4''; and (B) in paragraph (2), by inserting ``consecutive'' after ``two''; (3) by amending subsection (d) to read as follows: ``(d) Vacancies.--As vacancies on the Board occur, new members of the Board shall be appointed by the Secretary from among individuals who are nominated by the Board after consultation with representatives of the individuals described in subsection (b)(1). For each vacancy, the Board shall nominate at least 3 individuals who are qualified by experience or training to fill the particular Board vacancy.''; and (4) in subsection (e) by adding at the end the following: ``(7) Independence.--In the exercise of its functions, powers, and duties, the Board shall be independent of the Secretary and the other offices and officers of the Department. The Secretary shall, by written delegation of authority, authorize the Board to award grants and contracts, and otherwise operate, to the maximum extent practicable, independent of the Department.''. (g) Appointments.--Not later than 30 days after the date of enactment of this Act, the Secretary of Education, in consultation with the Speaker and Minority Leader of the House of Representatives, and the Majority Leader and Minority Leader of the Senate, shall appoint individuals to fill vacancies on the National Assessment Governing Board caused by the expiration of the terms of members of the Board, or the creation of new membership positions on the Board pursuant to amendments made by this Act.

Directs the Assistant Secretary for Educational Research and Improvement, before any funds are obligated for a fiscal year, to submit to the Committee on Appropriations of the Senate a spending plan for activities funded through the Office of Educational Research and Improvement for such year. Gives to the National Assessment Governing Board (established under the National Education Statistics Act of 1994) exclusive authority over all policies, direction, and guidelines for establishing and implementing voluntary national tests for fourth grade English reading and eighth grade mathematics. Requires such tests to be made available, upon request, to a State, local educational agency, or private or parochial school. Prohibits making the use of such tests a condition for receiving any Federal funds. Directs the Board to review the current national test development contract, and modify it as necessary, or terminate it and negotiate a new contract under the Board's exclusive control. Sets forth Board responsibilities with respect to development of, and content and standards for, such tests. Prohibits a State or local educational agency from requiring any private or parochial school student, or home-schooled individual, to take any test developed under this Act without the student's or individual's written consent. Amends the National Education Statistics Act of 1994 to: (1) revise requirements for appointment of Board members; and (2) provide that the Board, in its exercise of its functions, powers, and duties, shall be independent of the Secretary of Education and the other offices and officers of the Department of Education. Directs the Secretary to appoint individuals to fill vacancies on the Board caused by expiration of member terms or creation of new membership positions under this Act.

A bill to establish requirements regarding national tests in reading and mathematics.

SECTION 1. COORDINATION OF COLLECTION OF DOMESTIC SERVICE EMPLOYMENT TAXES WITH COLLECTION OF INCOME 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. 3510. COORDINATION OF COLLECTION OF DOMESTIC SERVICE EMPLOYMENT TAXES WITH COLLECTION OF INCOME TAXES. ``(a) General Rule.--Except as otherwise provided in this section-- ``(1) returns with respect to domestic service employment taxes shall be made on a calendar year basis, ``(2) any such return for any calendar year shall be filed on or before the 15th day of the fourth month following the close of the employer's taxable year which begins in such calendar year, and ``(3) no requirement to make deposits (or to pay installments under section 6157) shall apply with respect to such taxes. ``(b) Domestic Service Employment Taxes Subject to Estimated Tax Provisions.-- ``(1) In general.--Solely for purposes of section 6654, domestic service employment taxes imposed with respect to any calendar year shall be treated as a tax imposed by chapter 2 for the taxable year of the employer which begins in such calendar year. ``(2) Annualization.--Under regulations prescribed by the Secretary, appropriate adjustments shall be made in the application of section 6654(d)(2) in respect of the amount treated as tax under paragraph (1). ``(3) Transitional rule.--For purposes of applying section 6654 to a taxable year beginning in 1993, the amount referred to in clause (ii) of section 6654(d)(1)(B) shall be increased by 90 percent of the amount treated as tax under paragraph (1) for such taxable year. ``(c) Domestic Service Employment Taxes.--For purposes of this section, the term `domestic service employment taxes' means-- ``(1) any taxes imposed by chapter 21 or 23 on remuneration paid for domestic service in a private home of the employer, and ``(2) any amount withheld from such remuneration pursuant to an agreement under section 3402(p). For purposes of this subsection, the term `domestic service in a private home of the employer' does not include service described in section 3121(g)(5). ``(d) Exception Where Employer Liable for Other Employment Taxes.-- To the extent provided in regulations prescribed by the Secretary, this section shall not apply to any employer for any calendar year if such employer is liable for any tax under this subtitle with respect to remuneration for services other than domestic service in a private home of the employer. ``(e) General Regulatory Authority.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section. Such regulations may treat domestic service employment taxes as taxes imposed by chapter 1 for purposes of coordinating the assessment and collection of such employment taxes with the assessment and collection of domestic employers' income taxes. ``(f) Authority To Enter Into Agreements To Collect State Unemployment Taxes.-- ``(1) In general.--The Secretary is hereby authorized to enter into an agreement with any State to collect, as the agent of such State, such State's unemployment taxes imposed on remuneration paid for domestic service in a private home of the employer. Any taxes to be collected by the Secretary pursuant to such an agreement shall be treated as domestic service employment taxes for purposes of this section. ``(2) Transfers to state account.--Any amount collected under an agreement referred to in paragraph (1) shall be transferred by the Secretary to the account of the State in the Unemployment Trust Fund. ``(3) Subtitle f made applicable.--For purposes of subtitle F, any amount required to be collected under an agreement under paragraph (1) shall be treated as a tax imposed by chapter 23. ``(4) State.--For purposes of this subsection, the term `State' has the meaning given such term by section 3306(j)(1).'' (b) Clerical Amendment.--The table of sections for chapter 25 of such Code is amended by adding at the end thereof the following: ``Sec. 3510. Coordination of collection of domestic service employment taxes with collection of income taxes.'' (c) Effective Date.--The amendments made by this section shall apply to remuneration paid in calendar years beginning after December 31, 1993. (d) Expanded Information to Employers.--The Secretary of the Treasury or his delegate shall prepare and make available information on the Federal tax obligations of employers with respect to employees performing domestic service in a private home of the employer. Such information shall also include a statement that such employers may have obligations with respect to such employees under State laws relating to unemployment insurance and workers compensation. SEC. 2. THRESHOLD REQUIREMENT FOR SOCIAL SECURITY TAXES. (a) Amendments of Internal Revenue Code.-- (1) Treatment as wages.--Subparagraph (B) of section 3121(a)(7) of the Internal Revenue Code of 1986 (defining wages) is amended to read as follows: ``(B) cash remuneration paid by an employer in any calendar year to an employee for domestic service in a private home of the employer (other than service described in subsection (g)(5)), if the cash remuneration paid in such year by the employer to the employee for such service is less than the applicable dollar threshold (as defined in subsection (y)) for such year;''. (2) Applicable dollar threshold.--Section 3121 of such Code is amended by adding at the end the following new subsection: ``(y) Applicable Dollar Threshold for Domestic Employees.--For purposes of subsection (a)(7)(B), the term `applicable dollar threshold' means $800. In the case of calendar years after 1994, the Secretary of Health and Human Services shall adjust such $800 amount at the same time and in the same manner as under section 215(a)(1)(B)(ii) of the Social Security Act with respect to the amounts referred to in section 215(a)(1)(B)(i) of such Act, except that, for purposes of this subparagraph, 1992 shall be substituted for the calendar year referred to in section 215(a)(1)(B)(ii)(II) of such Act. If the amount determined under the preceding sentence is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50.'' (3) Employment of domestic employees 16 and under excluded from coverage.--Section 3121(b) of such Code (defining employment) is amended-- (A) by striking ``or'' at the end of paragraph (19), (B) by striking the period at the end of paragraph (20) and inserting ``; or'', and (C) by adding at the end the following new paragraph: ``(21) domestic service in a private home of the employer performed in any year by an individual 16 and under during any portion of such year.'' (4) Conforming amendments.--The second sentence of section 3102(a) of such Code is amended-- (A) by striking ``calendar quarter'' each place it appears and inserting ``calendar year'', and (B) by striking ``$50'' and inserting ``the applicable dollar threshold (as defined in section 3121(y)) for such year''. (b) Amendment of Social Security Act.-- (1) In general.--Subparagraph (B) of section 209(a)(6) of the Social Security Act (42 U.S.C. 409(a)(6)(B)) is amended to read as follows: ``(B) Cash remuneration paid by an employer in any calendar year to an employee for domestic service in a private home of the employer (other than service described in section 210(f)(5)), if the cash remuneration paid in such year by the employer to the employee for such service is less than the applicable dollar threshold (as defined in section 3121(y) of the Internal Revenue Code of 1986) for such year;''. (2) Employment of domestic employees 16 and under excluded from coverage.--Section 210(a) of such Act (42 U.S.C. 410(a)) is amended-- (A) by striking ``or'' at the end of paragraph (19), (B) by striking the period at the end of paragraph (20) and inserting ``; or'', and (C) by adding at the end the following new paragraph: ``(21) domestic service in a private home of the employer performed in any year by an individual 16 and under during any portion of such year.'' (c) Effective Date.--The amendments made by this section shall apply to remuneration paid in calendar years beginning after December 31, 1993.

Amends the Internal Revenue Code and title II of the Social Security Act (Old Age, Survivors and Disability Insurance) to set forth rules for filing returns with respect to domestic service employment taxes and requires such returns to be made on a calendar year basis. Subjects such taxes to estimated tax provisions. Makes filing requirements inapplicable to any employer liable for tax concerning remuneration for services other than domestic service in a private home. Authorizes the Secretary of the Treasury to enter into agreements with States to collect the State unemployment tax imposed on remuneration for domestic service and transfers such amounts to a State's account in the Unemployment Trust Fund. Treats such taxes as domestic service employment taxes. Requires the Secretary to inform domestic service employers in private homes of their tax obligations. Adjusts the threshold (from $50 a calendar quarter to $800 a year) for paying and withholding social security taxes on wages paid for domestic service in a private home. Requires the Secretary of Health and Human Services to adjust such threshold amount in the same manner as adjustments to certain social security insurance amounts. Excludes domestic service in a private home by an individual 16 years and under from amendments made by this Act.

To amend the Internal Revenue Code of 1986 and title II of the Social Security Act to simplify employment taxes on domestic services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Americans Want to Work Act''. SEC. 2. ADJUSTMENT TO FOURTH-TIER EMERGENCY UNEMPLOYMENT COMPENSATION. Section 4002(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by striking ``subsection (d)(1) (third-tier emergency unemployment compensation)'' and inserting ``subsection (f)(1) (fifth-tier emergency unemployment compensation)''. SEC. 3. FIFTH-TIER EMERGENCY UNEMPLOYMENT COMPENSATION. (a) In General.--Section 4002 of the Supplemental Appropriations Act, 2008, as amended by section 2, is further amended-- (1) by redesignating subsections (f) and (g) as subsections (h) and (i), respectively; and (2) by inserting after subsection (e) the following new subsection: ``(f) Fifth-Tier Emergency Unemployment Compensation.-- ``(1) In general.--If, at the time that the amount added to an individual's account under subsection (d)(1) (third-tier emergency unemployment compensation) is exhausted or at any time thereafter, such individual's State is in an extended benefit period (as determined under paragraph (2)), such account shall be further augmented by an amount (hereinafter `fifth-tier emergency unemployment compensation') equal to the lesser of-- ``(A) 80 percent of the total amount of regular compensation (including dependents' allowances) payable to the individual during the individual's benefit year under the State law; or ``(B) 20 times the individual's average weekly benefit amount (as determined under subsection (b)(2)) for the benefit year. ``(2) Extended benefit period.--For purposes of paragraph (1), a State shall be considered to be in an extended benefit period, as of any given time, if-- ``(A) such a period would then be in effect for such State under section 203(d) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) if such section did not include the requirement under paragraph (1)(A) thereof; or ``(B) such a period would then be in effect for such State under section 203(f) of such Act if-- ``(i) such section 203(f) were applied to such State (regardless of whether the State by law had provided for such application); and ``(ii) such section 203(f)-- ``(I) were applied by substituting `7.5' for `6.5' in paragraph (1)(A)(i) thereof; and ``(II) did not include the requirement under paragraph (1)(A)(ii) thereof. ``(3) Limitation.--The account of an individual may be augmented not more than once under this subsection.''. (b) Conforming Amendment to Non-Augmentation Rule.--Section 4007(b)(2) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (1) by striking ``and (e)'' and inserting ``, (e), and (f)''; and (2) by striking ``or (e)'' and inserting ``, (e), or (f)''. (c) Coordination.--Section 4002(g) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), as redesignated by subsection (a)(1), is amended by adding at the end the following new paragraphs: ``(3) Further coordination with extended compensation.-- Notwithstanding an election under section 4001(e) by a State to provide for the payment of emergency unemployment compensation prior to extended compensation, such State may pay extended compensation to an otherwise eligible individual prior to any emergency unemployment compensation under subsection (f) (by reason of the amendments made by section 3(a) of the Americans Want to Work Act), if such individual claimed extended compensation for at least 1 week of unemployment after the exhaustion of emergency unemployment compensation under this part (as this part was in effect on the day before the date of the enactment of this subsection). ``(4) Coordination with tiers iii, iv, and v.--If a State determines that implementation of the fifth-tier of emergency unemployment compensation by reason of the amendments made by sections 2 and 3 of the Americans Want to Work Act would unduly delay the prompt payment of emergency unemployment compensation under this title by reason of the amendments made by such Act, such State may elect to pay fourth-tier emergency unemployment compensation prior to the payment of fifth-tier emergency unemployment compensation until such time as such State determines that fifth-tier emergency unemployment compensation may be paid without undue delay. For purposes of determining whether an account may be augmented for fifth-tier emergency unemployment compensation under subsection (f), if a State makes the election described in the previous sentence, such State shall treat the date of exhaustion of fourth-tier emergency unemployment compensation as the date of exhaustion of third-tier emergency unemployment compensation if the date of exhaustion of fourth-tier emergency unemployment compensation is later than the date of exhaustion of third-tier emergency unemployment compensation.''. (d) Funding.--Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (1) in subparagraph (E), by striking ``and'' at the end; and (2) by inserting after subparagraph (F) the following new subparagraph: ``(G) the amendments made by subsections (a), (b), and (c) of section 3 of the Americans Want to Work Act; and''. (e) Effective Date.--The amendments made by this section shall apply as if included in the enactment of the Supplemental Appropriations Act, 2008, except that no amount shall be payable by virtue of such amendments with respect to any week of unemployment commencing before the date of the enactment of this Act. SEC. 4. EXTENSION OF PAYROLL TAX FORGIVENESS FOR HIRING UNEMPLOYED WORKERS AND BUSINESS CREDIT FOR THE RETENTION OF CERTAIN NEWLY HIRED INDIVIDUALS. (a) Extension.--Section 3111(d) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``with respect to employment during the period beginning on the day after the date of the enactment of this subsection and ending on December 31, 2010,'' in paragraph (1) and inserting ``during the applicable period with respect to employment'', (2) by striking ``January 1, 2011'' in paragraph (3) and inserting ``January 1, 2012'', (3) by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Applicable period.--For purposes of paragraph (1), the applicable period is-- ``(A) with respect to any qualified individual who begins employment after February 3, 2010, the period beginning after March 18, 2010, and ending on December 31, 2010, and ``(B) with respect to any qualified individual who begins employment after August 4, 2010, the period beginning on the day after the date of the enactment of this paragraph and ending on December 31, 2011.'', and (4) by inserting ``and 2011'' after ``2010'' in the heading thereof. (b) Railroad Retirement Taxes.--Section 3221(c) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``during the period beginning on the day after the date of the enactment of this subsection and ending on December 31, 2010'' in paragraph (1) and inserting ``during the applicable period'', (2) by striking ``January 1, 2011'' in paragraph (3) and inserting ``January 1, 2012'', (3) by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Applicable period.--For purposes of paragraph (1), the applicable period is-- ``(A) with respect to any qualified individual who begins employment after February 3, 2010, the period beginning after March 18, 2010, and ending on December 31, 2010, and ``(B) with respect to any qualified individual who begins employment after August 4, 2010, the period beginning on the day after the date of the enactment of this paragraph and ending on December 31, 2011.'', and (4) by inserting ``and 2011'' after ``2010'' in the heading thereof. (c) Transfers to Certain Funds.--Section 101 of the Hiring Incentives to Restore Employment Act is amended-- (1) by inserting ``and section 4(a) of the Americans Want to Work Act'' after ``subsection (a)'' in subsection (c), and (2) by inserting ``and section 4(b) of the Americans Want to Work Act'' after ``paragraph (1)'' in subsection (d)(2). (d) Conforming Amendment.--The heading of section 102 of the Hiring Incentives to Restore Employment Act is amended by inserting ``and 2011'' after ``2010''. (e) Treatment of Temporary Census Workers.--Sections 3111(d)(3) and 3121(c)(3) of the Internal Revenue Code of 1986 are each amended by adding at the end the following new flush sentence: ``For purposes of subparagraph (B), employment by the Bureau of the Census as a temporary enumerator for the 2010 decennial census shall not be taken into account.''. (f) Effective Date.--The amendments made by this section shall take effect as if included in the amendments made by section 101 of the Hiring Incentives to Restore Employment Act. SEC. 5. INCREASE OF BUSINESS CREDIT FOR THE RETENTION OF CERTAIN NEWLY HIRED INDIVIDUALS. (a) In General.--Section 102 of the Hiring Incentives to Restore Employment Act (Public Law 111-147) is amended by adding at the end the following new subsection: ``(e) Increased Credit for Certain Long-Term Unemployed Workers.-- ``(1) In general.--In the case of a qualified long-term unemployed worker, the credit otherwise determined under subsection (a) (without regard to this subsection) with respect to such qualified long-term unemployed worker shall be increased by $1,000. ``(2) Qualified long-term unemployed worker.--For purposes of this subsection, the term `qualified long-term unemployed worker' means any qualified individual (as defined in section 3111(d)(3) or section 3221(c)(3) of the Internal Revenue Code of 1986)-- ``(A) who is a retained worker, ``(B) who certifies by signed affidavit, under penalties of perjury, that-- ``(i) such individual has not been employed during the 693-day period ending on the date such individual begins the employment with respect to which the individual is a qualified individual, or ``(ii) such individual has exhausted all unemployment insurance benefits under Federal or State law, if such benefits are exhausted in a period of less than 693 days, and ``(C) who begins employment with a qualified employer (as defined in section 3111(d)(2) or section 3221(c)(2) of the Internal Revenue Code of 1986) after the date of the enactment of this subsection and before January 1, 2012.''. (b) Effective Date.--The amendment made by this section shall apply to individuals beginning employment after the date of the enactment of this Act, in taxable years ending after such date.

Americans Want to Work Act - Amends the Supplemental Appropriations Act, 2008 with respect to the state-established individual emergency unemployment compensation account (EUCA). Requires a further additional Tier-5 period for deposits to an individual's EUCA if, at the time the amount added to such individual's account under the Act is exhausted or at any time thereafter, the individual's state is in an extended benefit period. Prescribes a formula for making such Tier-5 credits. Increases the figures in the basic EUC formula (the lesser of which shall be the amount credited): (1) from 50% to 80% of the total amount of regular compensation (including dependents' allowances) payable to the individual during the benefit year; and (2) from 13 to 20 times the individual's average weekly benefit amount for the benefit year. Prescribes a formula for determining if a state is in an extended benefit period. Allows the Tier-5 period augmentation to be applied to the individual's EUCA only once. Authorizes a state to pay extended compensation to an otherwise eligible individual before any further additional emergency unemployment compensation (EUC), if such individual claimed extended compensation for at least one week of unemployment after the exhaustion of additional EUC. Authorizes a state to elect to pay Tier-4 EUC before payment of Tier-5 EUC until the state determines that such Tier-5 EUC may be paid without undue delay. Amends the Internal Revenue Code to extend through December 31, 2011, the exemption of an employer from payment of employment taxes or railroad retirement taxes for individuals who begin employment after August 4, 2010. Excludes from account for Federal Insurance Contributions Act (FICA) tax purposes any employment by the Bureau of the Census as a temporary enumerator for the 2010 decennial census. Amends the Hiring Incentives to Restore Employment Act to allow an increase in the general business tax credit for the retention of a qualified long-term unemployed worker who: (1) is a retained worker; (2) certifies by signed affidavit that he or she has not been employed during a specified 693-day period or has exhausted all unemployment insurance benefits under federal or state law in less than 693 days; and (3) begins employment with a qualified employer after the enactment of this Act and before January 1, 2012.

A bill to extend unemployment insurance benefits and cut taxes for businesses to create hiring incentives, and for other purposes.

SECTION 1. BASIC PROGRAM REQUIREMENTS. (a) Program Description.--Paragraph (2) of section 1011 of the Elementary and Secondary Education Act is amended by inserting ``the training of teachers, librarians, counselors, and other instructional and pupil services personnel in gender-equitable education methods, techniques, and practices; the evaluation of the degree of gender equity in the programs and projects assisted under this chapter;'' after ``school year);''. (b) Innovative Projects.--Subsection (b) of section 1011 of the Elementary and Secondary Education Act of 1965 is amended-- (1) in paragraph (6), by striking ``and'' after the semicolon; (2) in paragraph 7, by striking the period and adding ``; and''; and (3) by adding at the end the following: ``(8) training of parents, teachers, and other instructional pupil services personnel regarding the impact of gender-role socialization on the educational needs of eligible children and the use of gender-equitable educational practices.''. SEC. 2. SCHOOLWIDE PROJECTS. Subsection (b) of section 1015 of the Elementary and Secondary Education Act of 1965 is amended-- (1) in paragraph (1)-- (A) by redesignating subparagraphs (D) and (E) as (E) and (F), respectively; and (B) by inserting after subparagraph (C) the following: ``(D) describes the methods used to ensure gender- equitable instruction in programs supported under this part;''; and (2) in paragraph (4), by inserting ``including training in the impact of gender role socialization on learning and gender- equitable teaching practices'' after ``the plan''. SEC. 3. PARENTAL INVOLVEMENT. Paragraph (3) of section 1016(a) of the Elementary and Secondary Education Act of 1965 is amended by inserting ``, including training in the impact of gender-role socialization on learning and on gender- equitable teaching practices'' before the period. SEC. 4. PROGRAM IMPROVEMENT. Subsection (b) of section 1021 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: ``(2) A local educational agency that demonstrates a substantial difference in the participation or achievement of students by sex shall include a description of planned efforts to implement gender equity training for chapter 1 personnel;''. SEC. 5. EVEN START USES OF FUNDS. Paragraph (4) of section 1054(b) of the Elementary and Secondary Education Act of 1965 is amended by inserting ``, including training on the impact of gender-role socialization on learning and gender- equitable education practices'' after ``programs''. SEC. 6. SECONDARY SCHOOL APPLICATIONS. Subsection (b) of section 1104 of the Elementary and Secondary Education Act is amended-- (1) by redesignating paragraphs (10), (11), and (12) as paragraphs (11), (12), and (13), respectively; and (2) by inserting after paragraph (9) the following: ``(10) describe the methods used to ensure gender-equitable instruction in the programs supported under this part;''. SEC. 7. AWARD OF GRANTS. Subsection (a) of section 1105 of the Elementary and Secondary Education Act of 1965 is amended-- (1) in paragraph (3), by striking ``and'' after the semicolon; (2) in paragraph (4) by striking the period and adding ``; and''; and (3) by adding at the end the following: ``(5) demonstrate the greatest degree of effort to promote gender equity and to incorporate gender-equitable instruction into the program.''. SEC. 8. LOCAL TARGETED ASSISTANCE PROGRAMS. Subsection (b) of section 1531 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (2) by inserting after paragraph (5) the following: ``(6) programs designed to promote gender equity in education by eliminating gender bias in instruction and educational materials, identifying and analyzing gender inequities in education, and implementing and evaluating educational policies and practices designed to achieve gender equity, including training in gender-equitable instruction for teachers and other educational personnel and community education programs to enhance the leadership and academic skills of girls and young women;''. SEC. 9. ELEMENTARY AND SECONDARY EDUCATION PROGRAMS. Paragraph (1) of section 2006(b) of the Elementary and Secondary Education Act of 1965 is amended-- (1) in subparagraph (D), by striking ``or'' after the semicolon; (2) in subparagraph (E), by striking the period and adding ``; and''; and (3) by adding at the end the following: ``(F) preservice, inservice, and retraining of teachers and other school personnel in gender-equitable instruction in mathematics and science.''. SEC. 10. NATIONAL PROGRAMS. Paragraph (3) of section 2012(e) of the Elementary and Secondary Education Act of 1965 is amended-- (1) in subparagraph (D), by striking ``and'' after the semicolon; (2) in subparagraph (E), by striking the period and adding ``; and''; and (3) by adding at the end the following: ``(F) demonstrate a commitment to achieving gender equity both in access to the computer-use program and in the teaching practices used in the program.''. SEC. 11. WOMEN'S EDUCATIONAL EQUITY. (a) Application; Participation.--Paragraph (1) of section 4002(a) of the Elementary and Secondary Education Act of 1965 is amended-- (1) in subparagraph (B)-- (A) by inserting ``the development and implementation of'' before ``model''; and (B) by inserting ``gender and'' after ``to provide''. (2) in subparagraph (D); (A) by inserting ``the development and implementation of'' before ``guidance''; and (B) by inserting ``career education programs and'' after ``including''. SEC. 12. GIFTED AND TALENTED CHILDREN. Subsection (b) of section 4104 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by redesignating paragraphs (4) and (5) as (5) and (6), respectively; and (2) by inserting after paragraph (3) the following: ``(4) training of personnel involved in talented and gifted programs with respect to the impact of gender-role socialization on the educational needs of gifted and talented children and in gender-equitable education methods, techniques and practices;''. SEC. 13. SECRETARY'S FUND FOR INNOVATION IN EDUCATION. Subsection (b) of section 4604 of the Elementary and Secondary Education Act of 1965 is amended-- (1) by redesignating paragraphs (2) and (3) as (3) and (4), respectively; and (2) by inserting after paragraph (1) the following: ``(2) training programs for teachers and instructional personnel on the impact of gender-role socialization on computer learning styles and gender-equitable methods, techniques, and practices for computer-based instruction;''.

Amends the Elementary and Secondary Education Act of 1965 to establish gender equity requirements and training programs for teachers and other educational personnel (or parents) with respect to: (1) basic program requirements (under chapter 1 of title I for educationally disadvantaged children), innovative projects, schoolwide projects, parental involvement, and program improvement; (2) Even Start progam uses of funds; (3) secondary school programs (for basic skills improvement and dropout prevention and reentry) applications and award of grants; (4) local targeted assistance programs (under chapter 2 educational improvement partnership); (5) Eisenhower Mathematics and Science program school teacher training and national programs; (6) Women's Educational Equity personnel training and career education programs; (7) gifted and talented students personnel training; and (8) computer-based instruction personnel training under the Secretary's fund for innovation in education.

To amend the Elementary and Secondary Education Act of 1965 to establish gender equity teacher training programs to ensure gender equity in education programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reclamation Rural and Small Community Water Enhancement Act''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Federal reclamation laws.--The term ``Federal reclamation laws'' means the Reclamation Act and Acts amendatory thereof and supplementary thereto; (2) Regional rural water supply system.--The term ``regional rural water supply system'' means a water supply system that serves multiple towns or communities in a rural area (including Indian reservations) where such towns or communities have a population not exceeding 40,000 persons. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. GENERAL AUTHORITY. (a) In General.--The Secretary, acting pursuant to the Federal reclamation laws, is directed to undertake a program to investigate and identify opportunities to ensure safe and adequate regional rural water supply systems for municipal and industrial use in small communities and rural areas through the construction of new regional rural water supply systems and the enhancement of existing rural water supply systems. (b) Exception.-- (1) In conducting the investigations and studies authorized by this Act, the Secretary may include a town or community with a population in excess of 40,000 persons if, in the Secretary's discretion, such town or community is considered to be a critical partner in the proposed regional rural water supply system. (2) In conducting a feasibility study of a regional rural water supply system that includes a community with a population in excess of 40,000 persons, the Secretary may consider a non- federal cost share in excess of the percentage set forth in sections 6(a) and 6(b)(5). (c) Limitation.--Such program shall be limited to the States and areas referred to in section 1 of the Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388), as amended, and Indian reservation lands within the external boundaries of such States and areas. (d) Agreements.--The Secretary is authorized to enter into such agreements and promulgate such regulations as may be necessary to carry out the purposes and provisions of this Act. SEC. 4. COORDINATION AND PLANNING. (a) Coordination.-- (1) Consultation.--In undertaking this program, the Secretary shall consult and coordinate with the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, and the Director of the Indian Health Service, in order to develop criteria to ensure that the program does not duplicate, but instead complements, activities undertaken pursuant to the authorities administered by such agency heads. (2) Report on authorities.--Within one year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives, a report setting forth the results of the consultation required in paragraph (1) and criteria developed pursuant to such consultation. (b) Report and Action on Authorized Projects.-- (1) Within one year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report setting forth-- (A) the status of all rural water projects within the jurisdiction of the Secretary authorized prior to the date of enactment of this Act; and (B) the Secretary's plan, including projected financial and workforce requirements, for the completion of the rural water projects within the time frames set forth in the public laws authorizing the projects or the final engineering reports submitted pursuant thereto. (2) The Secretary shall take all necessary steps to complete the projects within the time frames identified in subsection (1)(B). SEC. 5. APPRAISAL INVESTIGATIONS. (a) Appraisal Investigations.--Based on evidence of local interest and upon the request of a local sponsor, the Secretary may undertake appraisal investigations to identify opportunities for the construction of regional rural water supply systems and the enhancement of existing rural water supply systems for small communities and rural areas. Each such investigation shall include recommendations as to the preparation of a feasibility study of the potential system or system enhancement. (b) Considerations.--Appraisal investigations undertaken pursuant to this Act shall consider, among other things-- (1) whether an established water supply exists for the proposed regional rural water supply system; (2) the need for the regional rural water supply system or for enhancements to an existing rural water system, including but not limited to, alternative water supply opportunities and projected demand for water supply; (3) environmental considerations relating to the regional rural water supply system or rural water system enhancement; (4) public health and safety considerations relating to the regional rural water supply system or rural water system enhancement; (5) Indian trust responsibility considerations relating to the regional rural water supply system or rural water system enhancement; and (6) the availability of other Federal authorities or programs to address the water supply needs identified. (c) Consultation and Cooperation.--The Secretary shall consult and cooperate with appropriate Federal, state, tribal, regional, and local authorities during the conduct of each appraisal investigation conducted pursuant to this Act. (d) Costs Nonreimbursable.--The costs of such appraisal investigations shall be nonreimbursable. (e) Public Availability.--The Secretary shall make available to the public, upon request, the results of each appraisal investigation undertaken pursuant to this Act, and shall promptly publish in the Federal Register a notice of the availability of those results. SEC. 6. FEASIBILITY STUDIES. (a) Feasibility Studies.--The Secretary is authorized to participate with appropriate Federal, state, tribal, regional, and local authorities in studies to determine the feasibility of regional rural water supply systems and rural water supply system enhancements where an appraisal investigation so warrants. The Federal share of the costs of such feasibility studies shall not exceed 50 percent of the total, except that the Secretary may increase the Federal share of the costs of such feasibility study if the Secretary determines, based upon a demonstration of financial hardship, that the non-Federal participant is unable to contribute at least 50 percent of the costs of such study. The Secretary may accept as part of the non-Federal cost share the contribution of such in-kind services by the non-Federal participant that the Secretary determines will contribute substantially toward the conduct and completion of the study. (b) Considerations.--In addition to the requirements of other Federal laws, feasibility studies authorized under this Act shall consider, among other things-- (1) whether an established water supply exists for the proposed regional rural water supply system; (2) near- and long-term water demand and supplies in the study area including any opportunities to treat and utilize impaired water supplies through innovative and economically viable treatment technologies; (3) public health and safety and environmental quality issues related to the regional rural water supply system or rural water system enhancement; (4) opportunities for water conservation in the study area to reduce water use and water system costs; (5) the construction costs and projected operation and maintenance costs of the proposed regional rural water supply system and an assessment of participating communities' ability to pay 20 percent to 50 percent of the construction costs and the full share of the system operation and maintenance costs; (6) opportunities for mitigation of fish and wildlife losses incurred as a result of the construction of the regional rural water supply system or rural water system enhancement on an acre-for-acre basis, based on ecological equivalency, concurrent with system construction; and (7) the extent to which assistance for rural water supply is available pursuant to other Federal authorities and the likely effectiveness of efforts to coordinate assistance provided by the Secretary with other available Federal programs and assistance. (c) Use of Other Reports.--In conducting a feasibility study pursuant to this section, or an appraisal investigation under section 5, the Secretary shall, to the maximum extent practicable, utilize, in whole or in part, any engineering or other relevant report submitted by a state, tribal, regional, or local authority associated with the proposed regional rural water supply system. (d) Public Availability.--The Secretary shall make available to the public, upon request, the results of each feasibility study undertaken pursuant to this Act, and shall promptly publish in the Federal Register a notice of the availability of those results. (e) Disclaimer.--Nothing contained in this section shall be interpreted as requiring a feasibility study or imposing any other new requirement for rural water projects or programs that are already authorized. SEC. 7. AUTHORIZATION. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

Reclamation Rural and Small Community Water Enhancement Act - Directs the Secretary of the Interior to undertake a program to investigate and identify opportunities for ensuring safe and adequate regional rural water supply systems (serving areas with populations not exceeding 40,000, with exceptions) for use in small communities and rural areas through the construction of new regional systems and the enhancement of existing ruralsystems. Limits participation in such program to the States and areas (and Indian reservation lands within such States and areas) referred to in the Reclamation Act of 1902. Requires the Secretary to: (1) submit to specified congressional committees a report setting forth the status of all rural water projects within the Secretary's jurisdiction authorized prior to enactment of this Act and the Secretary 's plan for completing such projects within their respective time frames; and (2) take steps to complete such projects within such time frames. Authorizes the Secretary to undertake appraisal investigations to identify opportunities for the construction of new systems and enhancement of existing systems for small communities and rural areas; and (2) participate with appropriate Federal, State, tribal, regional, and local authorities in studies to determine the feasibility of such projects where such an investigation so warrants.

A bill to provide for a Bureau of Reclamation program to assist states and local communities in evaluating and developing rural and small community water supply systems, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for America's Servicemen and Women in Higher Education Act of 2003''. SEC. 2. REFUND POLICY. Section 484B(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1091b(b)(2)) is amended by adding at the end the following: ``(D) Students on active duty during a war or national emergency.--Notwithstanding subparagraphs (A), (B), and (C), a student who withdraws from an institution of higher education to serve on active duty during a war or national emergency shall not be required to repay any grant assistance that is otherwise required to be repayed under this section.''. SEC. 3. DEFERMENT DURING ACTIVE DUTY. (a) FFEL Subsidized Loans.--Section 428(b)(1)(M) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amended-- (1) in clause (ii), by striking ``or'' after the semicolon; (2) in clause (iii), by inserting ``or'' after the semicolon; and (3) by inserting after clause (iii) the following: ``(iv) during which the borrower-- ``(I) is a member of a regular component on active duty during a war or during a national emergency declared by the President or Congress, and receives compensation described in section 112(a) of the Internal Revenue Code of 1986; ``(II) is on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, 12304, 12306, 12307, or 12406, or chapter 15 of title 10, United States Code, or any other provision of law, during a war or during a national emergency declared by the President or Congress, regardless of the location at which such active duty service is performed; or ``(III) in the case of a member of the National Guard, is on full-time National Guard duty (as defined in section 101(d)(5) of title 10, United States Code) under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 12402 of title 10, United States Code, or section 502(f) of title 32, United States Code, for purposes of responding to a national emergency declared by the President and supported by Federal funds.''. (b) Direct Subsidized Loans.--Section 455(f)(2) of such Act (20 U.S.C. 1087e(f)(2)) is amended-- (1) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (2) by adding at the end the following new subparagraph: ``(D) during which the borrower-- ``(i) is a member of a regular component on active duty during a war or during a national emergency declared by the President or Congress, and receives compensation described in section 112(a) of the Internal Revenue Code of 1986; ``(ii) is on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, 12304, 12306, 12307, or 12406, or chapter 15 of title 10, United States Code, or any other provision of law, during a war or during a national emergency declared by the President or Congress, regardless of the location at which such active duty service is performed; or ``(iii) in the case of a member of the National Guard, is on full-time National Guard duty (as defined in section 101(d)(5) of title 10, United States Code) under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 12402 of title 10, United States Code, or section 502(f) of title 32, United States Code, for purposes of responding to a national emergency declared by the President and supported by Federal funds.''. (c) 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) in subclause (II), by striking ``or'' after the semicolon; (2) in subclause (III), by striking ``or (II)'' and inserting ``, (II) or (III)''; (3) by redesignating subclause (III) (as so amended) as subclause (IV); and (4) by inserting after subclause (II) the following: ``(III) by the Secretary, in the case of a consolidation loan of a student who is on an active duty deferment under section 428(b)(1)(M)(iv); or''. (d) FFEL Unsubsidized Loans.--Section 428H(e) of the Higher Education Act of 1965 (20 U.S.C. 1078-8(e)) is amended by adding at the end the following: ``(C) Notwithstanding subparagraph (A), interest on loans made under this section for which payments of principal are deferred because the student is on an active duty deferment under section 428(b)(1)(M)(iv) shall be paid by the Secretary.''. (e) Direct Unsubsidized Loans.--Section 455(f) of such Act (20 U.S.C. 1087e(f)) is amended by adding at the end the following: ``(5) Interest during active duty deferments.-- Notwithstanding paragraph (1)(B), interest on loans under this part for which payments of principal are deferred because the student is on an active duty deferment under paragraph (2)(D) shall be paid by the Secretary.''. (f) Perkins Loans.--Section 464(c)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1087dd(c)(2)(A)) is amended-- (1) in clause (iii), by striking ``or'' after the semicolon; (2) in clause (iv), by inserting ``or'' after the semicolon; and (3) by inserting after clause (iv) the following: ``(v) during which the borrower-- ``(I) is a member of a regular component on active duty during a war or during a national emergency declared by the President or Congress, and receives compensation described in section 112(a) of the Internal Revenue Code of 1986; ``(II) is on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, 12304, 12306, 12307, or 12406, or chapter 15 of title 10, United States Code, or any other provision of law, during a war or during a national emergency declared by the President or Congress, regardless of the location at which such active duty service is performed; or ``(III) in the case of a member of the National Guard, is on full-time National Guard duty (as defined in section 101(d)(5) of title 10, United States Code) under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 12402 of title 10, United States Code, or section 502(f) of title 32, United States Code, for purposes of responding to a national emergency declared by the President and supported by Federal funds.''. (g) Effective Date.--The amendments made by this section shall apply with respect to loans for which the first disbursement is made on or after July 1, 1993, to an individual who is a new borrower (within the meaning of section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) on or after such date.

Fairness for America's Servicemen and Women in Higher Education Act of 2003 - Amends the Higher Education Act of 1965 (HEA) to revise title IV student loan and grant assistance repayment provisions with respect to individuals who serve on active duty during a war or national emergency.Exempts students who withdraw from higher education institutions to serve on active duty during a war or national emergency from requirements to repay certain title IV grant assistance.Defers repayments of principal, and directs the Secretary of Education to make interest payments, on specified types of student loans during a war or national emergency when a borrower is: (1) a member of a regular component on active duty, and receives specified compensation; (2) on active duty, regardless of the location at which such active duty service is performed; or (3) on full-time National Guard duty under a call to active service for a period of more than 30 consecutive days to respond to a national emergency.

To amend the Higher Education Act of 1965 to allow soldiers to serve their country without being disadvantaged financially by Federal student aid programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Childhood Brain Tumor Prevention Network Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) Tumors kill more children than any other disease and brain tumors are the second most common type of cancer in children. (2) Childhood brain tumors are the leading cause of death from solid tumors in children. (3) There are newly recognized types of brain tumors, as defined by the World Health Organization, and many of these newly recognized types occur in children. (4) The causes of the overwhelming majority of childhood brain tumors are unknown. (5) Brain tumors have substantial costs for affected children, the families of such children, and society. (6) Childhood brain tumors cause significant morbidity and the loss of many years of potential life. (7) The prognosis for most childhood brain tumors is dismal and survivors face lasting adverse health effects. (8) Because of the relatively low overall incidence of childhood brain tumors, such tumors frequently do not receive sufficient attention and research funding. (9) No single institution has a sufficient number of patients to independently conduct research that will adequately address the causes of childhood brain tumors. (10) There has been no comprehensive study analyzing all relevant clinical, biological, and epidemiological aspects of childhood brain tumors to identify potential risk factors and determine the cause of such tumors. (11) Existing national cooperative clinical oncology groups primarily investigate treatment options and prognosis and do not typically examine the origins of childhood brain tumors or the risk factors associated with such tumors. A significant majority of children with brain tumors are first treated by neurosurgeons and not by oncologists typically involved in such groups. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) there is a need to establish a multi-center research effort based on collaboration between regional consortia in order to comprehensively study the causes of childhood brain tumors and identify potential risk factors; (2) there is a need to encourage a collaborative effort among surgical and medical centers with epidemiological study groups to gather comprehensive and detailed information for each child enrolled in those groups, in order to investigate environmental, nutritional, genetic, and developmental factors with respect to, and the pathological and epidemiological characteristics of, childhood brain tumors; and (3) there is a need to authorize the Director of the National Institutes of Health to coordinate national research efforts of governmental and nongovernmental entities with respect to childhood brain tumors. SEC. 4. ESTABLISHMENT OF THE NATIONAL CHILDHOOD BRAIN TUMOR PREVENTION NETWORK. (a) In General.--Subpart 1 of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end the following: ``SEC. 417F. NATIONAL CHILDHOOD BRAIN TUMOR PREVENTION NETWORK. ``(a) Establishment of the National Childhood Brain Tumor Prevention Network.-- ``(1) In general.--Not later than one year after the date of the enactment of this section, the Director of NIH, acting through the Director of the National Cancer Institute, shall establish, administer, and coordinate a National Childhood Brain Tumor Prevention Network (hereinafter referred to in this section as the `Network') for the purposes described in paragraph (2). ``(2) Purposes.--The purposes of the Network shall be the following: ``(A) Providing grants of not fewer than five years duration to eligible consortia for the purpose of conducting research with respect to the causes of and risk factors associated with childhood brain tumors. ``(B) Assembling a panel of experts, including members of the Brain Tumor Epidemiology Consortium and survivors of brain tumors, to provide ongoing guidance and recommendations for, with respect to research funded by the Network, the development of the following: ``(i) A common study design. ``(ii) Standard protocols, methods, procedures, and assays for collecting from individuals enrolled as study participants, and the parents of such individuals, a minimum data set that includes the following: ``(I) Environmental exposure data. ``(II) Nutritional data. ``(III) Biospecimens, including genomic data. ``(IV) Histopathological and molecular pathological data and specimens. ``(V) Clinical and radiological data. ``(iii) Specific analytical methods for examining data. ``(iv) Provisions for consensus review of enrolled cases. ``(v) An integrated data collection network. ``(C) Designating a central laboratory to collect, analyze, and aggregate data with respect to research funded by the Network and to make such data and analysis available to researchers. ``(3) Eligible consortia.--To be eligible for a grant under this section, a consortium shall demonstrate the following: ``(A) The capability to annually enroll as research participants a minimum of 100 individuals with a newly diagnosed childhood brain tumor from the designated catchment area of such consortium. ``(B) The capability to form a control group by enrolling as research participants, for each enrolled individual with a childhood brain tumor, at least two individuals without a childhood brain tumor, who are matched demographically to such enrolled individual with a childhood brain tumor. ``(C) That the designated catchment area of such consortium does not overlap with the designated catchment area of a consortium already receiving a grant under this section. ``(4) Report.--Not later than one year after the date of the enactment of this section and annually thereafter, the Director of NIH shall submit to Congress a report with respect to the Network, to be made publicly available, including a summary of research funded by the Network and a list of consortia receiving grants under the Network. At the discretion of the Director of NIH, such report may be combined with other similar or existing reports. ``(5) Authorization of appropriations.-- ``(A) In general.--There is authorized to be appropriated $25,000,000 for each of fiscal years 2010 through 2014, to remain available until expended, to carry out this section. ``(B) Sense of congress.--It is the sense of Congress that funds appropriated to carry out this section should be in addition to the funds already appropriated to carry out the functions of the National Institutes of Health. ``(b) Definitions.--For purposes of this section, the following definitions apply: ``(1) Brain tumor epidemiology consortium.--The term `Brain Tumor Epidemiology Consortium' means the organization with such name formed in 2003 after an initial meeting sponsored by the National Cancer Institute's Division of Cancer Epidemiology and Genetics. ``(2) Catchment area.--The term `catchment area' means a defined area for which population data are available. ``(3) Childhood brain tumor.--The term `childhood brain tumor' means an intracranial or spinal cord tumor occurring in an individual under 20 years of age. ``(4) Consortium.--The term `consortium' means a partnership of two or more universities, health care organizations, or government agencies, or any combination of such entities, serving a designated catchment area.''. (b) Technical Correction.-- (1) In general.--Section 3 of the Hematological Cancer Research Investment and Education Act of 2002 (Public Law 107- 172; 116 Stat. 541) is amended by striking ``419C'' and inserting ``417C''. (2) Effective date.--The amendment made by paragraph (1) shall take effect as if included in the enactment of the Act referred to in such paragraph.

National Childhood Brain Tumor Prevention Network Act of 2008 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), acting through the Director of the National Cancer Institute, to establish, administer, and coordinate a National Childhood Brain Tumor Prevention Network to: (1) provide grants for research on the causes of and risk factors associated with childhood brain tumors; (2) assemble a panel of experts to provide ongoing guidance and recommendations on research funded by the Network, including on a common study design and standard protocols; and (3) designate a central laboratory to collect, analyze, and aggregate data with respect to research funded by the Network and to make such data and analysis available to researchers.

To amend title IV of the Public Health Service Act to create a National Childhood Brain Tumor Prevention Network to provide grants and coordinate research with respect to the causes of and risk factors associated with childhood brain tumors, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trail of the Ancients National Heritage Area Study Act of 2005''. SEC. 2. FINDINGS. Congress finds that-- (1) the Four Corners region, 1 of the areas of greatest archaeological interest in the United States, provides access to numerous examples of the Ancestral Puebloan culture; (2) the Four Corners region highlights areas and sites at which-- (A) the earliest inhabitants were Paleo-Americans, nomadic people who traveled through and lived in the area as early as 10,000 B.C.; and (B) the Ancestral Puebloan Indians lived from approximately 1 to 1300 A.D.; (3) the region features sites that chronicle the Ute and Navajo Indian cultures; (4) the archaeological sites of the region have been well- preserved by the semi-arid climate of the region; (5) national and international recognition of sites in the region has contributed to the wealth of information about the people who have inhabited the area; (6) the region features the Trail of the Ancients Scenic Byway in the States of Arizona, Colorado, New Mexico, and Utah, and other designated byways and highways, including San Juan Skyway in the State of Colorado and the Utah Bicentennial Highway; and (7) designating the Trail of the Ancients National Heritage Area as a unit of the National Park System-- (A) would link many of the cultural and recreation sites in the region for the benefit of the traveling public and communities in the region; and (B) would not-- (i) impose restrictions on private property; or (ii) require acquisition of additional land. SEC. 3. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Trail of the Ancients National Heritage Area. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means each of the States of Arizona, Colorado, New Mexico, and Utah. (4) Study area.--The term ``study area'' means the Four Corner region, consisting of-- (A) portions of-- (i) San Juan County, Utah; (ii) Montezuma and Dolores Counties, Colorado; (iii) Apache and Navajo Counties, Arizona; and (iv) San Juan and McKinley Counties, New Mexico; and (B) portions of the reservations of the Ute Mountain Ute, Navajo, and Hopi Tribes, in the States. SEC. 4. TRAIL OF THE ANCIENTS NATIONAL HERITAGE AREA STUDY. (a) In General.--The Secretary, in cooperation with the Four Corners Heritage Council, shall conduct a study to assess the feasibility and suitability of designating the study area as the Trail of the Ancients National Heritage Area. (b) Requirements.--The study shall include analysis, documentation, and determinations on whether-- (1) the study area-- (A) has an assemblage of natural, historic, cultural, educational, scenic, or recreational resources that-- (i) represent distinctive aspects of the heritage of the United States worthy of recognition, conservation, interpretation, and continuing use; and (ii) are best managed-- (I) through partnerships among public and private entities; and (II) by combining diverse and sometimes noncontiguous resources and active communities; (B) reflects traditions, customs, beliefs, and folklife that are a valuable part of the heritage of the United States; (C) provides outstanding opportunities to conserve natural, historical, cultural, or scenic features; (D) provides outstanding recreational and educational opportunities; and (E) has resources important to any identified theme of the study area that retain a degree of integrity capable of supporting interpretation; (2) residents, business interests, nonprofit organizations, the Federal Government, and State, local, and tribal governments within the study area-- (A) are involved in the planning of the Heritage Area; (B) have demonstrated support for the Heritage Area; and (C) have developed a conceptual financial plan that outlines the roles of all participants (including the Federal Government) in the management of the Heritage Area; (3) there is a potential management entity to work in partnership with residents, business interests, nonprofit organizations, and Federal, State, local, and tribal governments within the study area to develop the Heritage Area consistent with continued, State, local, and tribal economic activity; and (4) a conceptual boundary map has been developed that is supported by the public. (c) Consultation.--In conducting the study, the Secretary and the Four Corners Heritage Council shall consult with appropriate Federal, State, local, and tribal governments, interested organizations, and affected communities within the study area. SEC. 5. REPORT. Not later than 3 fiscal years after the date on which funds are made available to carry out the study, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report that describes the findings, conclusions, and recommendations of the study. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Trail of the Ancients National Heritage Area Study Act of 2005 - Directs the Secretary of the Interior, in cooperation with the Four Corners Heritage Council, to conduct a study to assess the feasibility and suitability of designating the Four Corners region comprised of parts of San Juan County, Utah, Montezuma and Dolores Counties, Colorado, Apache and Navajo Counties, Arizona, and San Juan and McKinley Counties, New Mexico, and parts of the reservations of the Ute Mountain Ute, Navajo, and Hopi Tribes in those States as the "Trail of the Ancients National Heritage Area."

A bill to provide for the conduct of a study of the suitability and feasibility of establishing the Trail of the Ancients National Heritage Area in the Four Corners region of the States of Utah, Colorado, Arizona, and New Mexico.

SECTION 1. SHORT TITLE. This Act may be cited as the ``New Medications to Treat Addiction Act of 1998''. TITLE I--PHARMACOTHERAPY RESEARCH SEC. 101. REAUTHORIZATION FOR MEDICATION DEVELOPMENT PROGRAM. Section 464P(e) of the Public Health Service Act (42 U.S.C. 285o- 4(e)) is amended to read as follows: ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 1999 through 2001 of which the following amount may be appropriated from the Violent Crime Reduction Trust Fund: ``(1) $100,000,000 for fiscal year 2000; and ``(2) $100,000,000 for fiscal year 2001.''. TITLE II--PATENT PROTECTIONS FOR PHARMACOTHERAPIES SEC. 201. RECOMMENDATION FOR INVESTIGATION OF DRUGS. Section 525(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360aa(a)) is amended-- (1) in the first sentence, by striking ``States'' and inserting ``States, or for treatment of an addiction to illegal drugs,''; (2) in the second sentence, by striking ``States'' and inserting ``States, or for treatment of an addiction to illegal drugs''; and (3) by striking ``such disease or condition'' each place it appears and inserting ``such disease or condition, or treatment of such addiction,''. SEC. 202. DESIGNATION OF DRUGS. Section 526(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb(a)) is amended-- (1) in paragraph (1)-- (A) by inserting before the period in the first sentence the following: ``, or for treatment of an addiction to illegal drugs''; (B) in the third sentence, by striking ``rare disease or condition'' and inserting ``rare disease or condition, or for treatment of an addiction to illegal drugs,''; (C) by striking ``such disease or condition,'' and inserting ``such disease or condition, or treatment of such addiction,''; and (D) by striking ``such disease or condition.'' and inserting ``such disease or condition, or treatment of such addiction.''; and (2) in paragraph (2)-- (A) by striking ``(2) For'' and inserting ``(2)(A) For''; (B) by striking ``(A) affects'' and inserting ``(i) affects''; (C) by striking ``(B) affects'' and inserting ``(ii) affects''; and (D) by adding at the end the following: ``(B) For purposes of this subchapter, the term `treatment of an addiction to illegal drugs' means treatment by any pharmacological agent or medication that-- ``(i) reduces the craving for an illegal drug for an individual who-- ``(I) habitually uses the illegal drug in a manner that endangers the public health, safety, or welfare; or ``(II) is so addicted to the use of the illegal drug that the individual is not able to control the addiction through the exercise of self-control; ``(ii) blocks the behavioral and physiological effects of an illegal drug for an individual described in clause (i); ``(iii) safely serves as a replacement therapy for the treatment of abuse of an illegal drug for an individual described in clause (i); ``(iv) moderates or eliminates the process of withdrawal from an illegal drug for an individual described in clause (i); ``(v) blocks or reverses the toxic effect of an illegal drug on an individual described in clause (i); or ``(vi) prevents, where possible, the initiation of abuse of an illegal drug in individuals at high risk. ``(C) The term `illegal drug' means a controlled substance identified under schedules I, II, III, IV, and V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).''. SEC. 203. PROTECTION FOR DRUGS. Section 527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360cc) is amended-- (1) in subsection (a), by striking ``rare disease or condition,'' and inserting ``rare disease or condition, or for treatment of an addiction to illegal drugs,''; (2) in subsection (b), by striking ``rare disease or condition'' and inserting ``rare disease or condition, or for treatment of an addiction to illegal drugs,''; (3) by striking ``such disease or condition'' each place it appears and inserting ``such disease or condition, or treatment of such addiction,''; and (4) in subsection (b)(1), by striking ``the disease or condition'' and inserting ``the disease, condition, or addiction''. SEC. 204. OPEN PROTOCOLS FOR INVESTIGATIONS OF DRUGS. Section 528 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360dd) is amended-- (1) by striking ``rare disease or condition'' and inserting ``rare disease or condition, or for treatment of an addiction to illegal drugs,''; and (2) by striking ``the disease or condition'' each place it appears and inserting ``the disease, condition, or addiction''. SEC. 205. CONFORMING AMENDMENTS. (a) Subchapter Heading.--The subchapter heading of subchapter B of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360aa et seq.) is amended by striking ``Conditions'' and inserting ``Conditions, or for Treatment of an Addiction''. (b) Section Headings.--The section heading of sections 525 through 528 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360aa through 360dd) are amended by striking ``conditions'' and inserting ``conditions, or for treatment of an addiction''. (c) Fees.--Section 736(a)(1)(E) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379h(a)(1)(E)) is amended-- (1) in the subparagraph heading, by striking ``orphan''; (2) by striking ``for a rare disease or condition'' each place it appears and inserting ``for a rare disease or condition, or for treatment of an addiction to illegal drugs,''; and (3) in the first sentence, by striking ``rare disease or condition.'' and inserting ``rare disease or condition, or other than for treatment of an addiction to illegal drugs, respectively.''. TITLE III--ENCOURAGING PRIVATE SECTOR DEVELOPMENT OF PHARMACOTHERAPIES SEC. 301. DEVELOPMENT, MANUFACTURE, AND PROCUREMENT OF DRUGS FOR THE TREATMENT OF ADDICTION TO ILLEGAL DRUGS. Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at the end the following: ``Subchapter F--Drugs for Cocaine and Heroin Addictions ``SEC. 571. CRITERIA FOR AN ACCEPTABLE DRUG TREATMENT FOR COCAINE AND HEROIN ADDICTIONS. ``(a) In General.--Subject to subsections (b) and (c), the Secretary shall, in cooperation with the Institute of Medicine of the National Academy of Sciences, establish criteria for an acceptable drug for the treatment of an addiction to cocaine and for an acceptable drug for the treatment of an addiction to heroin. The criteria shall be used by the Secretary in making a contract, or entering into a licensing agreement, under section 572. ``(b) Requirements.--The criteria established under subsection (a) for a drug shall include requirements-- ``(1) that the application to use the drug for the treatment of addiction to cocaine or heroin was filed and approved by the Secretary under this Act after the date of enactment of this section; ``(2) that a performance based test on the drug-- ``(A) has been conducted through the use of a randomly selected test group that received the drug as a treatment and a randomly selected control group that received a placebo; and ``(B) has compared the long term differences in the addiction levels of control group participants and test group participants; ``(3) that the performance based test conducted under paragraph (2) demonstrates that the drug is effective through evidence that-- ``(A) a significant number of the participants in the test who have an addiction to cocaine or heroin are willing to take the drug for the addiction; ``(B) a significant number of the participants in the test who have an addiction to cocaine or heroin and who were provided the drug for the addiction during the test are willing to continue taking the drug as long as necessary for the treatment of the addiction; and ``(C) a significant number of the participants in the test who were provided the drug for the period of time required for the treatment of the addiction refrained from the use of cocaine or heroin, after the date of the initial administration of the drug on the participants, for a significantly longer period than the average period of refraining from such use under currently available treatments (as of the date of the application described in paragraph (1)); and ``(4) that the drug shall have a reasonable cost of production. ``(c) Review and Publication of Criteria.--The criteria established under subsection (a) shall, prior to the publication and application of such criteria, be submitted for review to the Committee on the Judiciary, and the Committee on Education and the Workplace, of the House of Representatives, and the Committee on the Judiciary, and the Committee on Labor and Human Resources, of the Senate. Not later than 90 days after notifying each of the committees, the Secretary shall publish the criteria in the Federal Register. ``SEC. 572. PURCHASE OF PATENT RIGHTS FOR DRUG DEVELOPMENT. ``(a) Application.-- ``(1) In general.--The patent owner of a drug to treat an addiction to cocaine or heroin, may submit an application to the Secretary-- ``(A) to enter into a contract with the Secretary to sell to the Secretary the patent rights of the owner relating to the drug; or ``(B) in the case in which the drug is approved under section 505 by the Secretary for more than 1 indication, to enter into an exclusive licensing agreement with the Secretary for the manufacture and distribution of the drug to treat an addiction to cocaine or heroin. ``(2) Requirements.--An application described in paragraph (1) shall be submitted at such time and in such manner, and accompanied by such information, as the Secretary may require. ``(b) Contract and Licensing Agreements.-- ``(1) Requirements.--The Secretary may enter into a contract or a licensing agreement described in subsection (a) with a patent owner who has submitted an application in accordance with subsection (a) if the drug covered under the contract or licensing agreement meets the criteria established by the Secretary under section 551(a). ``(2) Special rule.--The Secretary may, under paragraph (1), enter into-- ``(A) not more than 1 contract or exclusive licensing agreement relating to a drug for the treatment of an addiction to cocaine; and ``(B) not more than 1 contract or licensing agreement relating to a drug for the treatment of an addiction to heroin. ``(3) Coverage.--A contract or licensing agreement described in subparagraph (A) or (B) of paragraph (2) shall cover not more than 1 drug. ``(4) Purchase amount.--Subject to amounts provided in advance in appropriations Acts-- ``(A) the amount to be paid to a patent owner who has entered into a contract or licensing agreement under this subsection relating to a drug to treat an addiction to cocaine shall not exceed $100,000,000; and ``(B) the amount to be paid to a patent owner who has entered into a contract or licensing agreement under this subsection relating to a drug to treat an addiction to heroin shall not exceed $50,000,000. ``(c) Transfer of Rights Under Contracts and Licensing Agreement.-- ``(1) Contracts.--A contract under subsection (b)(1) to purchase the patent rights relating to a drug to treat cocaine or heroin addiction shall transfer to the Secretary-- ``(A) the exclusive right to make, use, or sell the patented drug within the United States for the term of the patent; ``(B) any foreign patent rights held by the patent owner with respect to the drug; ``(C) any patent rights relating to the process of manufacturing the drug; and ``(D) any trade secret or confidential business information relating to the development of the drug, process for manufacturing the drug, and therapeutic effects of the drug. ``(2) Licensing agreements.--A licensing agreement under subsection (b)(1) to purchase an exclusive license relating to manufacture and distribution of a drug to treat an addiction to cocaine or heroin shall transfer to the Secretary-- ``(A) the exclusive right to make, use, or sell the patented drug for the purpose of treating an addiction to cocaine or heroin within the United States for the term of the patent; ``(B) the right to use any patented processes relating to manufacturing the drug; and ``(C) any trade secret or confidential business information relating to the development of the drug, process for manufacturing the drug, and therapeutic effects of the drug relating to use of the drug to treat an addiction to cocaine or heroin. ``SEC. 573. PLAN FOR MANUFACTURE AND DEVELOPMENT. ``(a) In General.--Not later than 90 days after the date on which the Secretary purchases the patent rights of a patent owner, or enters into a licensing agreement with a patent owner, under section 572, relating to a drug under section 571, the Secretary shall develop a plan for the manufacture and distribution of the drug. ``(b) Plan Requirements.--The plan shall set forth-- ``(1) procedures for the Secretary to enter into licensing agreements with private entities for the manufacture and the distribution of the drug; ``(2) procedures for making the drug available to nonprofit entities and private entities to use in the treatment of a cocaine or heroin addiction; ``(3) a system to establish the sale price for the drug; and ``(4) policies and procedures with respect to the use of Federal funds by State and local governments or nonprofit entities to purchase the drug from the Secretary. ``(c) Applicability of Procurement and Licensing Laws.--Federal law relating to procurements and licensing agreements by the Federal Government shall be applicable to procurements and licenses covered under the plan described in subsection (a). ``(d) Review of Plan.-- ``(1) In general.--Upon completion of the plan under subsection (a), the Secretary shall notify the Committee on the Judiciary, and the Committee on Education and the Workplace, of the House of Representatives, and the Committee on the Judiciary, and the Committee on Labor and Human Resources, of the Senate, of the development of the plan and publish the plan in the Federal Register. The Secretary shall provide an opportunity for public comment on the plan for a period of not more than 30 days after the date of the publication of the plan in the Federal Register. ``(2) Final plan.--Not later than 60 days after the date of the expiration of the comment period described in paragraph (1), the Secretary shall publish in the Federal Register a final plan described in subsection (a). The implementation of the plan shall begin on the date of the publication of the final plan. ``(e) Construction.--The development, publication, or implementation of the plan, or any other agency action with respect to the plan, shall not be considered agency action subject to judicial review. No official or court of the United States shall have power or jurisdiction to review the decision of the Secretary on any question of law or fact relating to any agency action with respect to the plan. ``(f) Regulations.--The Secretary may promulgate regulations to carry out this section. ``SEC. 574. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this subchapter, such sums as may be necessary in each of the fiscal years 1999 through 2001.''.

TABLE OF CONTENTS: Title I: Pharmacotherapy Research Title II: Patent Protections for Pharmacotherapies Title III: Encouraging Private Sector Development of Pharmacotherapies New Medications to Treat Addiction Act of 1998 - Title I: Pharmacotherapy Research - Amends the Public Health Service Act to authorize appropriations as necessary to carry out provisions relating to development of medications to treat drug addiction, allowing specified sums of those amounts to be appropriated from the Violent Crime Reduction Trust Fund. Title II: Patent Protections for Pharmacotherapies - Amends the Federal Food, Drug, and Cosmetic Act to add references to drugs for the treatment of addiction to illegal drugs to provisions relating to drugs for rare diseases or conditions, allowing exclusive approval, certification, or licensure, subject to exception. Requires that the sponsor of such a treatment drug be encouraged to design open protocols. Title III: Encouraging Private Sector Development of Pharmacotherapies - Mandates establishment of criteria for an acceptable drug for the treatment of addiction to cocaine and an acceptable drug for the treatment of addiction to heroin. Allows the patent owner of a drug to treat cocaine or heroin addiction to apply to the Secretary of Health and Human Services to sell the patent rights to, or make an exclusive licensing agreement with, the Secretary. Sets the purchase amount at $100 million for the cocaine treatment drug and $50 million for the heroin treatment drug. Directs the Secretary, after the sale or licensing, to develop a manufacturing and distribution plan. Authorizes appropriations to carry out this title.

New Medications to Treat Addiction Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education and Training for Health Act of 2017'' or the ``EAT for Health Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) According to 2013 national health expenditure data, United States health care spending increased 3.6 percent to reach $2.9 trillion, or $9,255 per person, and accounted for 17.4 percent of Gross Domestic Product (GDP). (2) According to the Institute of Medicine, in 2012 estimates of health care costs attributed over 75 percent of national health expenditures to treatment for chronic diseases. (3) A March 2003 report from the World Health Organization concluded diet was a major cause of chronic diseases. (4) Seven out of 10 deaths among people in the United States each year are from chronic diseases such as cardiovascular disease, obesity, diabetes, and cancer. (5) According to the Centers for Disease Control and Prevention, in 2013 heart disease was the leading cause of death for American adults. Approximately 600,000 American adults die each year from cardiovascular disease. Coronary heart disease alone costs American taxpayers $108.9 billion each year. (6) Research has shown that following a healthful diet can not only reduce symptoms related to cardiovascular disease but can also actually reverse damage done to the arteries. (7) According to the Journal of the American Medical Association, two-thirds of adults in the United States are currently overweight, and half of those overweight individuals are obese. One in three children are overweight, and one-fifth of children are obese. The United States spends about $147 to $210 billion a year on obesity related diseases, including type 2 diabetes, hypertension, heart disease, and arthritis. (8) An estimated 29.1 million people in the United States have diabetes. Another 86 million American adults have prediabetes. The Centers for Disease Control and Prevention predicts that one in three children born in 2000 will develop diabetes at some point in their lives. Total estimated costs of diagnosed diabetes have increased 41 percent, to $245 billion in 2012 from $174 billion in 2007. (9) According to the American Cancer Society, there will be an estimated 1,658,370 new cancer cases diagnosed and 589,430 cancer deaths in the United States in 2015. That is equivalent to about 1,620 deaths per day and accounts for nearly 1 of every 4 deaths. The Agency for Healthcare Research and Quality (AHRQ) estimates that the direct medical costs for cancer in the United States in 2011 were $88.7 billion. (10) According to the Journal of the American College of Nutrition, in 2008 physicians felt inadequately trained to provide proper nutrition advice. Ninety-four percent felt nutrition counseling should be included during primary care visits, but only 14 percent felt adequately trained to provide such counseling. (11) A 1985 National Academy of Sciences report recommended that all medical schools require at least 25 contact hours of nutrition education. According to a 2009 national survey of medical colleges published in Academic Medicine, only 38 percent of medical schools met these minimum standards by requiring 25 hours of nutrition education as part of their general curricula in 2004. By 2010, that number had shrunk to 27 percent. In addition, 30 percent of United States medical schools required a dedicated nutrition course in 2004. Most recently, only 25 percent of such schools required such a course in 2010. (12) According to the Journal of Nutrition in Clinical Practice in 2010, more than half of graduating medical students felt their nutrition education was insufficient. (13) Recognizing the importance of nutrition, Healthy People 2020--the Federal Government's framework for a healthier Nation--includes a goal (NWS-6) to increase the proportion of physician office visits that include counseling or education related to nutrition or weight. According to Healthy People 2020, only 13.8 percent of physician office visits included counseling about nutrition or diet (2010 latest year available). (14) According to Mission: Readiness, one in four Americans cannot serve in the military due to weight. For those serving, the military discharged 4,300 active-duty personnel due to weight problems in 2012. (15) According to the Journal of American Health Promotion, the military spends well over $1 billion a year to treat weight-related health problems such as heart disease and diabetes through its TRICARE health insurance for active duty personnel, reservists, retirees and their families. (16) According to the Centers for Disease Control and Prevention, American Indian or Alaska Native adults are 60 percent more likely to be obese and over twice as likely as to have diabetes compared to White adults. (17) According to the Centers for Disease Control and Prevention, American Indian or Alaska Native adults have the highest rate of diabetes among all minority groups at 15.9 percent. SEC. 3. DEPARTMENT OF HEALTH AND HUMAN SERVICES GUIDELINES, AND FEDERAL AGENCIES ANNUAL REPORTS, RELATING TO CERTAIN PRIMARY CARE FEDERAL HEALTH PROFESSIONALS COMPLETING CONTINUING MEDICAL EDUCATION ON NUTRITION. (a) Guidelines.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidelines to Federal agencies for developing procedures and requirements to ensure that every primary care health professional employed full-time for such agencies have continuing education courses relating to nutrition (as described in subsection (c)). (b) Biannual Reports.--Not later than 18 months after the date of the enactment of this Act and each subsequent year, the head of each Federal agency that employs full-time primary care health professionals shall submit to Congress a report attesting, in a form and manner specified by the Secretary of Health and Human Services, to the extent to which the agency has adopted and encouraged the guidelines issued under subsection (a) with respect to such professionals employed by such agency during any portion of the previous year. If the agency, with respect to such previous year, did not fully adopt and encourage such guidelines with respect to such professionals, the head of the agency shall include in the report for the year the percentage of such professionals employed by such agency to furnish primary care services who completed continuing education courses relating to nutrition (as described in subsection (c)). (c) Continuing Education Relating to Nutrition.--For purposes of subsections (a) and (b), continuing education courses relating to nutrition shall include at least content on the role of nutrition in the prevention, management, and, as possible, reversal of obesity, cardiovascular disease, diabetes, or cancer. (d) Definitions.--For purposes of this Act: (1) Continuing education.--The term ``continuing education'' is defined as courses that meet requirements for Continuing Medical Education (CME) or Continuing Education (CE) by medical or nurse practitioner professional organizations or certified accrediting bodies. (2) Nurse practitioner.--The term ``nurse practitioner'' has the meaning given such term in section 1861(aa)(5) of the Social Security Act (42 U.S.C. 1395x(aa)(5)). (3) Physician.--The term ``physician'' has the meaning given such term in section 1861(r)(1) of the Social Security Act (42 U.S.C. 1395x(r)(1)). (4) Primary care health professional.--The term ``primary care health professional'' means a physician or nurse practitioner who furnishes primary care services. (5) Primary care services.--The term ``primary care services'' has the meaning given such term in section 1842(i)(4) of the Social Security Act (42 U.S.C. 1395u(i)(4)), but shall include such services furnished by a nurse practitioner as would otherwise be included if furnished by a physician.

Education and Training for Health Act of 2017 or the EAT for Health Act of 2017 This bill directs the Department of Health and Human Services to issue guidelines to federal agencies to ensure that federal, full time primary care health professionals have continuing education relating to nutrition. Agencies must annually report information including the extent to which they have adopted and encouraged the guidelines. The continuing education must: (1) include content on the role of nutrition in the prevention, management, and reversal of obesity, cardiovascular disease, diabetes, or cancer; and (2) meet requirements for continuing medical education or continuing education by medical or nurse practitioner professional organizations or certified accrediting bodies.

Education and Training for Health Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Materials Corridor Partnership Act of 1999''. SEC. 2. FINDINGS. Congress finds that-- (1) the region adjacent to the 2,000-mile border between the United States and Mexico is an important region for energy- intensive manufacturing and materials industries critical to the economic and social wellbeing of both countries; (2) there are currently more than 800 multinational firms (including firms known as ``maquiladoras'') representing United States investments of more than $1,000,000,000 in the San Diego, California, and Tijuana, Baja California, border region and in the El Paso, Texas, and Juarez, Chihuahua, border region; (3) materials and materials-related industries comprise a major portion of the industries operating on both sides of the border, amounting to more than $6,800,000,000 in annual commerce on the Mexican side alone; (4) there are a significant number of major institutions in the border States of both countries currently conducting academic and research activities in materials; (5)(A) the United States Government currently invests approximately $1,000,000,000 annually in materials research, of which, in 1996, the Department of Energy funded the largest proportion of civilian materials research; and (B) there are also major materials programs at the National Science Foundation, the National Institute of Standards and Technology, and Department of Defense, among other entities; (6) the United States and Mexico have invested heavily in domestic and binational cooperative programs to address major concerns for the natural resources, environment, and public health of the United States-Mexico border region, expending hundreds of millions of dollars annually in those efforts; (7)(A) scientific and technical advances in materials and materials processing provide major opportunities for-- (i) significantly improving energy efficiency; (ii) reducing emissions of global climate change gases; (iii) using recycled natural resources as primary materials for industrial production; and (iv) minimizing industrial wastes and pollution; and (B) such advances will directly benefit both sides of the United States-Mexico border by encouraging energy efficient, environmentally sound economic development that protects the health and natural resources of the border region; (8)(A) promoting clean materials industries in the border region that are energy efficient has been identified as a high priority issue by the United States-Mexico Foundation for Science Cooperation; and (B) at the 1998 discussions of the United States-Mexico Binational Commission, Mexico formally proposed joint funding of a ``Materials Corridor Partnership Initiative'', proposing $1,000,000 to implement the Initiative if matched by the United States; (9) recognizing the importance of materials and materials processing, academic and research institutions in the border States of both the United States and Mexico, in conjunction with private sector partners of both countries, and with strong endorsement from the Government of Mexico, in 1998 organized the Materials Corridor Council to implement a cooperative program of materials research and development, education and training, and sustainable industrial development as part of the Materials Corridor Partnership Initiative; and (10) successful implementation of the Materials Corridor Partnership Initiative would advance important United States energy, environmental, and economic goals not only in the United States-Mexico border region but also as a model for similar collaborative materials initiatives in other regions of the world. SEC. 3. PURPOSE. The purpose of this Act is to establish a multiagency program in support of the Materials Corridor Partnership Initiative referred to in section 2(8) to promote energy efficient, environmentally sound economic development along the United States-Mexico border through the research, development, and use of new materials technology. SEC. 4. DEFINITIONS. In this Act: (1) Program.--The term ``program'' means the program established under section 5(a). (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 5. ESTABLISHMENT AND IMPLEMENTATION OF THE PROGRAM. (a) Establishment.-- (1) In general.--The Secretary shall establish a comprehensive program to promote energy efficient, environmentally sound economic development along the United States-Mexico border through the research, development, and use of new materials technology. (2) Considerations.--In developing the program, the Secretary shall give due consideration to the proposal made to the United States-Mexico Binational Commission for the Materials Corridor Partnership Initiative. (b) Participation of Other Federal Agencies.--The Secretary shall organize and conduct the program jointly with-- (1) the Department of State; (2) the Environmental Protection Agency; (3) the National Science Foundation; (4) the National Institute of Standards and Technology; and (5) any other departments or agencies the participation of which the Secretary considers appropriate. (c) Participation of the Private Sector.--When appropriate, funds made available under this Act shall be made available for research and development or education and training activities that are conducted with the participation and support of private sector organizations located in the United States and, subject to section 7(c)(2), Mexico, to promote and accelerate in the United States-Mexico border region the use of energy efficient, environmentally sound technologies and other advances resulting from the program. (d) Mexican Resource Contributions.--The Secretary shall-- (1) encourage public, private, nonprofit, and academic organizations located in Mexico to contribute significant financial and other resources to the program; and (2) take any such contributions into account in conducting the program. (e) Transfer of Technology From National Laboratories.--In conducting the program, the Secretary shall emphasize the transfer and use of materials technology developed by the national laboratories of the Department of Energy before the date of enactment of this Act. SEC. 6. ACTIVITIES AND MAJOR PROGRAM ELEMENTS. (a) Activities.--Funds made available under this Act shall be made available for research and development and education and training activities that are primarily focused on materials, and the synthesis, processing, and fabrication of materials, that promote-- (1) improvement of energy efficiency; (2) elimination or minimization of emissions of global climate change gases and contaminants; (3) minimization of industrial wastes and pollutants; and (4) use of recycled resources as primary materials for industrial production. (b) Major Program Elements.-- (1) In general.--The program shall have the following major elements: (A) Applied research, focused on maturing and refining materials technologies to demonstrate the feasibility or utility of the materials technologies. (B) Basic research, focused on the discovery of new knowledge that may eventually prove useful in creating materials technologies to promote energy efficient, environmentally sound manufacturing. (C) Education and training, focused on educating and training scientists, engineers, and workers in the border region in energy efficient, environmentally sound materials technologies. (2) Applied research.--Applied research projects under paragraph (1)(A) should typically involve significant participation from private sector organizations that would use or sell such a technology. (3) Basic research.--Basic research projects conducted under paragraph (1)(B) should typically be led by an academic or other research institution. SEC. 7. PARTICIPATION OF DEPARTMENTS AND AGENCIES OTHER THAN THE DEPARTMENT OF ENERGY. (a) Agreement.--Not later than 120 days after the date of enactment of this Act, the Secretary shall enter into an agreement with the departments and agencies referred to in section 5(b) on the coordination and implementation of the program. (b) Actions of Departments and Agencies.--Any action of a department or agency under an agreement under subsection (a) shall be the responsibility of that department or agency and shall not be subject to approval by the Secretary. (c) Use of Funds.-- (1) In general.--The Secretary and the departments and agencies referred to in section 5(b) may use funds made available for the program for research and development or education and training activities carried out by-- (A) State and local governments and academic, nonprofit, and private organizations located in the United States; and (B) State and local governments and academic, nonprofit, and private organizations located in Mexico. (2) Condition.--Funds may be made available to a State or local government or organization located in Mexico only if a government or organization located in Mexico (which need not be the recipient of the funds) contributes a significant amount of financial or other resources to the project to be funded. (d) Transfer of Funds.--The Secretary may transfer funds to the departments and agencies referred to in section 5(b) to carry out the responsibilities of the departments and agencies under this Act. SEC. 8. PROGRAM ADVISORY COMMITTEE. (a) Establishment.-- (1) In general.--The Secretary shall establish an advisory committee consisting of representatives of the private, academic, and public sectors. (2) Considerations.--In establishing the advisory committee, the Secretary shall take into consideration organizations in existence on the date of enactment of this Act, such as the Materials Corridor Council and the Business Council for Sustainable Development-Gulf Mexico. (b) Consultation and Coordination.--Departments and agencies of the United States to which funds are made available under this Act shall consult and coordinate with the advisory committee in identifying and implementing the appropriate types of projects to be funded under this Act. SEC. 9. FINANCIAL AND TECHNICAL ASSISTANCE. (a) In General.--Federal departments and agencies participating in the program may provide financial and technical assistance to other organizations to achieve the purpose of the program. (b) Applied Research.-- (1) Use of cooperative agreements.-- (A) In general.--Federal departments and agencies shall, to the extent practicable, use cooperative agreements to fund applied research activities by organizations outside the Federal Government. (B) National laboratories.--In the case of an applied research activity conducted by a national laboratory, a funding method other than a cooperative agreement may be used if such a funding method would be more administratively convenient. (2) Federal share.-- (A) In general.--The Federal Government shall pay not more than 50 percent of the cost of applied research activities under the program. (B) Qualified funding and resources.--No funds or other resources expended either before the start of a project under the program or outside the scope of work covered by the funding method determined under paragraph (1) shall be credited toward the non-Federal share of the cost of the project. (c) Basic Research and Education and Training.-- (1) In general.--Federal departments and agencies shall, to the extent practicable, use grants to fund basic research and education and training activities by organizations outside the Federal Government. (2) National laboratories.--In the case of a basic research or education activity conducted by a national laboratory, a funding method other than a grant may be used if such a funding method would be more administratively convenient. (3) Federal share.--The Federal Government may fund 100 percent of the cost of the basic research and education and training activities of the program. (d) Competitive Selection.--All projects funded under the program shall be competitively selected using such selection criteria as the Secretary, in consultation with the departments and agencies referred to in section 5(b), determines to be appropriate. (e) Accounting Standards.-- (1) Waiver.--To facilitate participation in the program, Federal departments and agencies may waive any requirements for Government accounting standards by organizations that have not established such standards. (2) GAAP.--Generally accepted accounting principles shall be sufficient for projects under the program. (f) No Construction.--No program funds may be used for construction. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $5,000,000 for each of fiscal years 2000 through 2004.

National Materials Corridor Partnership Act of 1999 - Directs the Secretary of Energy to: (1) establish a comprehensive program to promote energy efficient, environmentally sound economic development along the United States-Mexico border through the research, development, and use of new materials technology; (2) give due consideration to the proposal made to the United States-Mexico Binational Commission for the Materials Corridor Partnership Initiative; (3) organize and conduct the program jointly with designated Federal agencies; and (4) emphasize the transfer and use of materials technology developed by the national laboratories of the Department of Energy. (Sec. 6) Mandates that activities funded under this Act be primarily focused upon materials that promote: (1) improved energy efficiency; (2) elimination or minimization of emissions of global climate change gases and contaminants; (3) minimization of industrial wastes and pollutants; and (4) use of recycled resources as primary materials for industrial production. Sets forth guidelines for major program elements and for participation by Federal departments and agencies. (Sec. 8) Directs the Secretary to establish an advisory committee consisting of representatives of the private, academic, and public sectors to consult and coordinate with Federal entities in identifying and implementing the appropriate projects to be funded under this Act. (Sec. 9) Prescribes financial and technical assistance guidelines. Authorizes appropriations.

National Materials Corridor Partnership Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Open Fuel Standard Act of 2009'' or the ``OFS Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) The status of oil as a strategic commodity, which derives from its domination of the transportation sector, presents a clear and present danger to the United States; (2) in a prior era, when salt was a strategic commodity, salt mines conferred national power and wars were fought over the control of such mines; (3) technology, in the form of electricity and refrigeration, decisively ended salt's monopoly of meat preservation and greatly reduced its strategic importance; (4) fuel competition and consumer choice would similarly serve to end oil's monopoly in the transportation sector and strip oil of its strategic status; (5) the current closed fuel market has allowed a cartel of petroleum exporting countries to inflate fuel prices, effectively imposing a harmful tax on the economy of the United States; (6) much of the inflated petroleum revenues the oil cartel earns at the expense of the people of the United States are used for purposes antithetical to the interests of the United States and its allies; (7) alcohol fuels, including ethanol and methanol, could potentially provide significant supplies of additional fuels that could be produced in the United States and in many other countries in the Western Hemisphere that are friendly to the United States; (8) alcohol fuels can only play a major role in securing the energy independence of the United States if a substantial portion of vehicles in the United States are capable of operating on such fuels; (9) it is not in the best interest of United States consumers or the United States Government to be constrained to depend solely upon petroleum resources for vehicle fuels if alcohol fuels are potentially available; (10) existing technology, in the form of flexible fuel vehicles, allows internal combustion engine cars and trucks to be produced at little or no additional cost, which are capable of operating on conventional gasoline, alcohol fuels, or any combination of such fuels, as availability or cost advantage dictates, providing a platform on which fuels can compete; (11) the necessary distribution system for such alcohol fuels will not be developed in the United States until a substantial fraction of the vehicles in the United States are capable of operating on such fuels; (12) the establishment of such a vehicle fleet and distribution system would provide a large market that would mobilize private resources to substantially advance the technology and expand the production of alcohol fuels in the United States and abroad; (13) the United States has an urgent national security interest to develop alcohol fuels technology, production, and distribution systems as rapidly as possible; (14) new cars sold in the United States that are equipped with an internal combustion engine should allow for fuel competition by being flexible fuel vehicles, and new diesel cars should be capable of operating on biodiesel; and (15) such an open fuel standard would help to protect the United States economy from high and volatile oil prices and from the threats caused by global instability, terrorism, and natural disaster. SEC. 3. OPEN FUEL STANDARD FOR TRANSPORTATION. Chapter 329 of title 49, United States Code, is amended by adding at the end the following: ``SEC. 32920. OPEN FUEL STANDARD FOR TRANSPORTATION. ``(a) Definitions.--In this section: ``(1) E85.--The term `E85' means a fuel mixture containing 85 percent ethanol and 15 percent gasoline by volume. ``(2) Flexible fuel automobile.--The term `flexible fuel automobile' means an automobile that has been warranted by its manufacturer to operate on gasoline, E85, and M85. ``(3) Fuel choice-enabling automobile.--The term `fuel choice-enabling automobile' means-- ``(A) a flexible fuel automobile; or ``(B) an automobile that has been warranted by its manufacturer to operate on biodiesel. ``(4) Light-duty automobile.--The term `light-duty automobile' means-- ``(A) a passenger automobile; or ``(B) a non-passenger automobile. ``(5) Light-duty automobile manufacturer's annual covered inventory.--The term `light-duty automobile manufacturer's annual covered inventory' means the number of light-duty automobiles powered by an internal combustion engine that a manufacturer, during a given calendar year, manufactures in the United States or imports from outside of the United States for sale in the United States. ``(6) M85.--The term `M85' means a fuel mixture containing 85 percent methanol and 15 percent gasoline by volume. ``(b) Open Fuel Standard for Transportation.-- ``(1) In general.--Except as provided in paragraph (2), each light-duty automobile manufacturer's annual covered inventory shall be comprised of-- ``(A) not less than 50 percent fuel choice-enabling automobiles in 2012, 2013, and 2014; and ``(B) not less than 80 percent fuel choice-enabling automobiles in 2015, and in each subsequent year. ``(2) Temporary exemption from requirements.-- ``(A) Application.--A manufacturer may request an exemption from the requirement described in paragraph (1) by submitting an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require by regulation. Each such application shall specify the models, lines, and types of automobiles affected. ``(B) Evaluation.--After evaluating an application received from a manufacturer, the Secretary may at any time, under such terms and conditions, and to such extent as the Secretary considers appropriate, temporarily exempt, or renew the exemption of, a light- duty automobile from the requirement described in paragraph (1) if the Secretary determines that unavoidable events not under the control of the manufacturer prevent the manufacturer of such automobile from meeting its required production volume of fuel choice-enabling automobiles, including-- ``(i) a disruption in the supply of any component required for compliance with the regulations; ``(ii) a disruption in the use and installation by the manufacturer of such component; or ``(iii) application to plug-in electric vehicles causing such vehicles to fail to meet State air quality requirements. ``(C) Consolidation.--The Secretary may consolidate applications received from multiple manufacturers under subparagraph (A) if they are of a similar nature. ``(D) Conditions.--Any exemption granted under subparagraph (B) shall be conditioned upon the manufacturer's commitment to recall the exempted automobiles for installation of the omitted components within a reasonable time proposed by the manufacturer and approved by the Secretary after such components become available in sufficient quantities to satisfy both anticipated production and recall volume requirements. ``(E) Notice.--The Secretary shall publish in the Federal Register-- ``(i) notice of each application received from a manufacturer; ``(ii) notice of each decision to grant or deny a temporary exemption; and ``(iii) the reasons for granting or denying such exemptions. ``(3) Rulemaking.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall promulgate regulations to carry out this section.''.

Open Fuel Standard Act of 2009 or the OFS Act - Requires each light-duty automobile manufacturer's annual covered inventory to comprise at least: (1) 50% fuel choice-enabling automobiles in years 2012-2014; and (2) 80% fuel choice-enabling automobiles in 2015, and in each subsequent year. Defines "fuel choice-enabling automobile" as: (1) a flexible fuel automobile capable of operating on gasoline, E85, and M85; or (2) an automobile capable of operating on biodiesel fuel. Authorizes a manufacturer to request an exemption from such requirement from the Secretary of Transportation.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women, Peace, and Security Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) Around the world, women remain under-represented in conflict prevention, conflict resolution, and post-conflict peace building efforts. (2) Despite the historic under-representation of women in conflict resolution processes, women in conflict-affected regions have nevertheless achieved significant success in-- (A) moderating violent extremism; (B) countering terrorism; (C) resolving disputes through nonviolent mediation and negotiation; and (D) stabilizing societies by enhancing the effectiveness of security services, peacekeeping efforts, institutions, and decision-making processes. (3) Research shows that-- (A) peace negotiations are more likely to end in a peace agreement when women's groups play an influential role in the negotiation process; (B) once reached, a peace agreement is 35 percent more likely to last at least 15 years if women have participated in the negotiation process; and (C) when women meaningfully participate, peace negotiations are more likely to address the underlying causes of the conflict, leading to more sustainable outcomes. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the meaningful participation of women in conflict prevention and conflict resolution processes helps to promote more inclusive and democratic societies and is critical to the long-term stability of countries and regions; (2) the political participation and leadership of women in fragile environments, particularly during democratic transitions, is critical to sustaining lasting democratic institutions; and (3) the United States should be a global leader in promoting the meaningful participation of women in conflict prevention, management, and resolution, and post-conflict relief and recovery efforts. SEC. 4. STATEMENT OF POLICY. It shall be the policy of the United States to promote the meaningful participation of women in all aspects of conflict prevention, management, and resolution, and post-conflict relief and recovery efforts, reinforced through diplomatic efforts and programs that-- (1) integrate the perspectives and interests of affected women into conflict-prevention activities and strategies; (2) encourage partner governments to adopt plans to improve the meaningful participation of women in peace and security processes and decision-making institutions; (3) promote the physical safety, economic security, and dignity of women and girls; (4) support the equal access of women to aid distribution mechanisms and services; (5) collect and analyze gender data for the purpose of developing and enhancing early warning systems of conflict and violence; (6) adjust policies and programs to improve outcomes in gender equality and the empowerment of women; and (7) monitor, analyze, and evaluate the efforts related to each strategy submitted under section 5 and the impact of such efforts. SEC. 5. UNITED STATES STRATEGY TO PROMOTE THE PARTICIPATION OF WOMEN IN CONFLICT PREVENTION AND PEACE BUILDING. (a) Requirement.--Not later than October 1, 2017, October 1, 2022, and October 1, 2027, the President, in consultation with the heads of the relevant Federal departments and agencies, shall submit to the appropriate congressional committees and make publicly available a single government-wide strategy, to be known as the Women, Peace, and Security Strategy, that provides a detailed description of how the United States intends to fulfill the policy objectives in section 4. The strategy shall-- (1) support and be aligned with plans developed by other countries to improve the meaningful participation of women in peace and security processes, conflict prevention, peace building, transitional processes, and decision-making institutions; and (2) include specific and measurable goals, benchmarks, performance metrics, timetables, and monitoring and evaluation plans, to ensure the accountability and effectiveness of all policies and initiatives carried out under the strategy. (b) Specific Plans for Agencies.--Each strategy under subsection (a) shall include a specific implementation plan from each of the relevant Federal departments and agencies that describes-- (1) the anticipated contributions of the department or agency, including technical, financial, and in-kind contributions, to implement the strategy; and (2) the efforts of the department or agency to ensure that the policies and initiatives carried out pursuant to the strategy are designed to achieve maximum impact and long-term sustainability. (c) Department of State Implementation.--Within each relevant bureau of the Department of State, the Secretary of State shall task the current Principal Deputy Assistant Secretary with the responsibility for the implementation of the strategy under subsection (a) and the specific implementation plan for the Department under subsection (b), with respect to the roles and responsibilities of such bureau. The Principal Deputy Assistant Secretaries tasked with such responsibility shall meet, at least twice a year, to review the implementation of the strategy and the plan and to contribute to the report under section 8(b). (d) Coordination.--The President should promote the meaningful participation of women in conflict prevention, in coordination and consultation with international partners, including multilateral organizations, stakeholders, and other relevant international organizations, particularly in situations in which the direct engagement of the United States is not appropriate or advisable. (e) Sense of Congress.--It is the sense of Congress that the President, in implementing each strategy submitted under subsection (a), should-- (1) provide technical assistance, training, and logistical support to female negotiators, mediators, peace builders, and stakeholders; (2) address security-related barriers to the meaningful participation of women; (3) increase the participation of women in existing programs funded by the United States Government that provide training to foreign nationals regarding law enforcement, the rule of law, or professional military education; (4) support appropriate local organizations, especially women's peace building organizations; (5) support the training, education, and mobilization of men and boys as partners in support of the meaningful participation of women; (6) encourage the development of transitional justice and accountability mechanisms that are inclusive of the experiences and perspectives of women and girls; (7) expand and apply gender analysis to improve program design and targeting; and (8) conduct assessments that include the perspectives of women before implementing any new initiatives in support of peace negotiations, transitional justice and accountability, efforts to counter violent extremism, or security sector reform. SEC. 6. TRAINING REQUIREMENTS REGARDING THE PARTICIPATION OF WOMEN IN CONFLICT PREVENTION AND PEACE BUILDING. (a) Foreign Service.--The Secretary of State, in conjunction with the Administrator of the United States Agency for International Development, shall ensure that all appropriate personnel (including special envoys, members of mediation or negotiation teams, relevant members of the civil service or Foreign Service, and contractors) responsible for or deploying to countries or regions considered to be at risk of, undergoing, or emerging from violent conflict obtain training, as appropriate, in the following areas, each of which shall include a focus on women and ensuring meaningful participation by women: (1) Conflict prevention, mitigation, and resolution. (2) Protecting civilians from violence, exploitation, and trafficking in persons. (3) International human rights law and international humanitarian law. (b) Department of Defense.--The Secretary of Defense shall ensure that relevant personnel receive training, as appropriate, in the following areas: (1) Training in conflict prevention, peace processes, mitigation, resolution, and security initiatives that specifically addresses the importance of meaningful participation by women. (2) Gender considerations and meaningful participation by women, including training regarding-- (A) international human rights law and international humanitarian law, as relevant; and (B) protecting civilians from violence, exploitation, and trafficking in persons. (3) Effective strategies and best practices for ensuring meaningful participation by women. SEC. 7. CONSULTATION AND COLLABORATION. (a) In General.--The Secretary of State and the Administrator of the United States Agency for International Development shall establish guidelines for overseas United States personnel of the Department or the Agency, as the case may be, to consult with stakeholders regarding United States efforts to-- (1) prevent, mitigate, or resolve violent conflict; and (2) enhance the success of mediation and negotiation processes by ensuring the meaningful participation of women. (b) Frequency and Scope.--The consultations required under subsection (a) shall take place regularly and include a range and representative sample of stakeholders, including local women, youth, ethnic and religious minorities, and other politically under- represented or marginalized populations. (c) Collaboration and Coordination.--The Secretary of State should work with international, regional, national, and local organizations to increase the meaningful participation of women in international peacekeeping operations, and should promote training that provides international peacekeeping personnel with the substantive knowledge and skills needed to ensure effective physical security and meaningful participation of women in conflict prevention and peace building. SEC. 8. REPORTS TO CONGRESS. (a) Briefing.--The Secretary of State, in conjunction with the Administrator of the United States Agency for International Development and the Secretary of Defense, shall brief the appropriate congressional committees, not later than 1 year after the date of the first submission of a strategy required under section 5, on-- (1) existing, enhanced, and newly established training carried out pursuant to section 6; and (2) the guidelines established for overseas United States personnel to engage in consultations with stakeholders, pursuant to section 7. (b) Report on Women, Peace, and Security Strategy.--Not later than 2 years after the date of the submission of each strategy required under section 5, the President shall submit to the appropriate congressional committees a report that-- (1) summarizes and evaluates the implementation of such strategy and the impact of United States diplomatic efforts and foreign assistance programs, projects, and activities to promote the meaningful participation of women; (2) describes the nature and extent of the coordination among the relevant Federal departments and agencies on the implementation of such strategy; (3) outlines the monitoring and evaluation tools, mechanisms, and common indicators to assess progress made on the policy objectives in section 4; and (4) describes the existing, enhanced, and newly established training carried out pursuant to section 6. SEC. 9. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives. (2) Stakeholders.--The term ``stakeholders'' means non- governmental and private sector entities engaged in or affected by conflict prevention and stabilization, peace building, protection, security, transition initiatives, humanitarian response, or related efforts, including-- (A) registered or non-registered nonprofit organizations, advocacy groups, business or trade associations, labor unions, cooperatives, credit unions, relief or development organizations, community and faith-based organizations, philanthropic foundations, and tribal leaders or structures; (B) independent media, educational, or research institutions; and (C) private enterprises, including international development firms, banks, and other financial institutions, particularly small businesses and businesses owned by women or disadvantaged groups. (3) Meaningful participation.--The term ``meaningful participation'' means safe, genuine, and effective access to, and present and active involvement in the full range of formal or informal processes related to negotiation or mediation with respect to any efforts toward the following: (A) Conflict prevention. (B) Resolution or mitigation of, or transition from, violent conflict. (C) Peacekeeping and peace building. (D) Post-conflict reconstruction, transition initiatives, elections, and governance. (E) Humanitarian response and recovery. (4) Relevant federal departments and agencies.--The term ``relevant Federal departments and agencies'' means-- (A) the United States Agency for International Development; (B) the Department of State; (C) the Department of Defense; (D) the Department of Homeland Security; and (E) any other department or agency specified by the President for purposes of this Act. Passed the House of Representatives November 15, 2016. Attest: KAREN L. HAAS, Clerk.

Women, Peace, and Security Act of 2016 This bill expresses the sense of Congress that: (1) the United States should be a global leader in promoting the participation of women in conflict prevention, management, and resolution and post-conflict relief and recovery efforts; and (2) the political participation and leadership of women in fragile environments, particularly during democratic transitions, is critical to sustaining democratic institutions. The President, not later than October 1 of 2017, 2022, and 2027, shall submit to the appropriate congressional committees and make public a Women, Peace, and Security Strategy, which shall: be aligned with other nations' plans to improve the participation of women in peace and security processes, conflict prevention, peace building, and decision-making institutions; and include goals and evaluation plans to ensure strategy effectiveness. Such a strategy shall include a specific implementation plan from each relevant federal agency. The President is urged to promote women's participation in conflict prevention. It is the sense of Congress that the President should: (1) provide technical assistance and training to female negotiators, peace builders, and stakeholders (non-governmental and private sector entities engaged in or affected by conflict prevention and stabilization, peace building, security, or related efforts); (2) address security-related barriers to women's participation; (3) increase women's participation in U.S.-funded programs that provide foreign nationals with law enforcement, rule of law, or military education training; (4) support appropriate local organizations, especially women's peace building organizations; and (5) expand gender analysis to improve program design. The Department of State shall ensure that personnel responsible for, or deploying to, countries or regions considered to be at risk of undergoing, or emerging from, violent conflict obtain training in the following areas, each of which shall include a focus on ensuring participation by women: conflict prevention, mitigation, and resolution; protecting civilians from violence, exploitation, and trafficking in persons; and international human rights law. The Department of Defense shall ensure that relevant personnel receive training in: conflict prevention, peace processes, mitigation, resolution, and security initiatives that addresses the importance of participation by women; and gender considerations and participation by women, including training regarding international human rights law and protecting civilians from violence, exploitation, and trafficking in persons. The State Department and the U.S. Agency for International Development shall establish guidelines for overseas U.S. personnel to consult with stakeholders regarding U.S. efforts to: prevent, mitigate, or resolve violent conflict; and enhance the success of mediation and negotiation processes by ensuring the meaningful participation of women. The State Department is urged to work with international, regional, national, and local organizations to increase the participation of women in international peacekeeping operations. The State Department shall brief the appropriate congressional committees on: (1) training regarding the participation of women in conflict resolution, and (2) guidelines established for overseas personnel to engage in stakeholder consultations. The President shall submit to the appropriate congressional committees a report that evaluates the implementation of such strategy and the impact of U.S. diplomatic efforts and foreign assistance programs to promote the participation of women.

Women, Peace, and Security Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Normalization With Cuba Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) with the end of the Cold War and the collapse of the Soviet Union, Cuba is no longer a threat to the United States or the Western Hemisphere; (2) the continuation of the embargo on trade between the United States and Cuba that was declared in February of 1962 is counterproductive, adding to the hardships of the Cuban people while making the United States the scapegoat for the failures of the communist system; (3) in the former Soviet Union, the Eastern bloc countries, China, and Vietnam, the United States is using economic, cultural, academic, and scientific engagement to support its policy of promoting democratic and human rights reforms; and (4) the United States can best support democratic change in Cuba by promoting trade and commerce, travel, communications, and cultural, academic, and scientific exchanges. SEC. 3. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS WITH CUBA. (a) Authority for Embargo and Sugar Quota.--Section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed. (b) Trading With the Enemy Act.--The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act, which were being exercised with respect to Cuba on July 1, 1977, as a result of a national emergency declared by the President before that date, and are being exercised on the day before the effective date of this Act, may not be exercised on or after such effective date with respect to Cuba. Any regulations in effect on the day before such effective date pursuant to the exercise of such authorities, shall cease to be effective on such date. (c) Exercise of Authorities Under Other Provisions of Law.-- (1) Removal of prohibitions.--Any prohibition on exports to Cuba that is in effect on the day before the effective date of this Act under the Export Administration Act of 1979 shall cease to be effective on such effective date. (2) Authority for new restrictions.--The President may, on and after the effective date of this Act-- (A) impose export controls with respect to Cuba under section 5, 6(j), 6(l), or 6(m) of the Export Administration Act of 1979, and (B) exercise the authorities he has under the International Emergency Economic Powers Act with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat, that did not exist before the enactment of this Act, to the national security, foreign policy, or economy of the United States. (d) Cuban Democracy Act.--The Cuban Democracy Act of 1992 (22 U.S.C. 6001 and following) is repealed. (e) Repeal of Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996.-- (1) Repeal.--The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 is repealed. (2) Conforming amendments.--(A) Section 498A of the Foreign Assistance Act of 1961 (22 U.S.C. 2295a) is amended-- (i) in subsection (a)(11) by striking ``and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos,'' and inserting ``facilities,''; (ii) in subsection (b)-- (I) in paragraph (4) by adding ``and'' after the semicolon; (II) by striking paragraph (5); and (III) by redesignating paragraph (6) as paragraph (5); and (iii) by striking subsection (d). (B) Section 498B(k) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295b(k)) is amended by striking paragraphs (3) and (4). (C) Section 1611 of title 28, United States Code, is amended by striking subsection (c). (D) Sections 514 and 515 of the International Claims Settlement Act of 1949 (22 U.S.C. 1643l and 1643m) are repealed. (f) Termination of Denial of Foreign Tax Credit With Respect to Cuba.--Subparagraph (A) of section 901(j)(2) of the Internal Revenue Code of 1986 (relating to denial of foreign tax credit, etc., with respect to certain foreign countries) is amended by adding at the end thereof the following new flush sentence: ``Notwithstanding the preceding sentence, this subsection shall not apply to Cuba after the date which is 60 days after the date of the enactment of this sentence.''. (g) Sugar Quota Prohibition Under Food Security Act of 1985.-- Section 902(c) of the Food Security Act of 1985 is repealed. SEC. 4. TELECOMMUNICATIONS EQUIPMENT AND FACILITIES. Any common carrier within the meaning of section 3 of the Communications Act of 1934 (47 U.S.C. 153) is authorized to install, maintain, and repair telecommunications equipment and facilities in Cuba, and otherwise provide telecommunications services between the United States and Cuba. The authority of this section includes the authority to upgrade facilities and equipment. SEC. 5. TRAVEL. (a) In General.--Travel to and from Cuba by individuals who are citizens or residents of the United States, and any transactions ordinarily incident to such travel, may not be regulated or prohibited if such travel would be lawful in the United States. (b) Transactions Incident to Travel.--Any transactions ordinarily incident to travel which may not be regulated or prohibited under subsection (a) include-- (1) transactions ordinarily incident to travel or maintenance in Cuba; and (2) normal banking transactions involving foreign currency drafts, traveler's checks, or other negotiable instruments incident to such travel. SEC. 6. DIRECT MAIL DELIVERY TO CUBA. The United States Postal Service shall take such actions as are necessary to provide direct mail service to and from Cuba, including, in the absence of common carrier service between the 2 countries, the use of charter providers. SEC. 7. NEGOTIATIONS WITH CUBA. (a) Negotiations.--The President should take all necessary steps to conduct negotiations with the Government of Cuba-- (1) for the purpose of settling claims of nationals of the United States against the Government of Cuba for the taking of property by such government; and (2) for the purpose of securing the protection of internationally recognized human rights. (b) Definitions.--In this section, the terms ``national of the United States'' and ``property'' have the meanings given those terms in section 502 of the International Claims Settlement Act of 1949 (22 U.S.C. 1643a). SEC. 8. EFFECTIVE DATE. This Act shall take effect 60 days after the date of the enactment of this Act.

Repeals: (1) the Cuban Democracy Act of 1992; (2) the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996; and (3) the sugar quota prohibition under the Food Security Act of 1985. Amends the Internal Revenue Code to declare the denial of foreign tax credit inapplicable to Cuba after enactment of this Act. Permits: (1) installation and maintenance of telecommunications equipment and facilities in Cuba, including telecommunications services between the United States and Cuba; and (2) travel to and from Cuba by United States citizens or residents. Requires the United States Postal Service to provide direct mail service to and from Cuba. Directs the President to negotiate with the Government of Cuba for the purpose of: (1) settling claims of U.S. nationals for the taking of property by such government; and (2) securing the protection of internationally recognized human rights.

Trade Normalization With Cuba Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Promotion Authority Extension and Enhancement Act of 2007''. SEC. 2. EXTENSION OF TRADE PROMOTION AUTHORITY. Section 2103 of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803) is amended-- (1) in subsection (a)(1)(A)-- (A) in clause (i), by striking ``2005'' and inserting ``2011''; and (B) by amending clause (ii) to read as follows: ``(ii) July 1, 2016, and July 1 of each fifth calendar year thereafter, subject to subsection (c).''; (2) in subsection (b)(1)(C)-- (A) in clause (i), by striking ``2005'' and inserting ``2011''; and (B) by amending clause (ii) to read as follows: ``(ii) July 1, 2016, and July 1 of each fifth calendar year thereafter, subject to subsection (c).''; and (3) in subsection (c)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``2005'' and inserting ``2011''; and (ii) by amending subparagraph (B) to read as follows: ``(B) the trade authorities procedures shall be extended to implementing bills submitted with respect to trade agreements entered into under subsection (b) during the 5-year period beginning on July 1, 2011, and during each 5-year period thereafter, unless the Congress adopts an extension disapproval resolution under paragraph (5) after April 1, and before July 1, of the year in which any such 5-year period begins. If an extension disapproval resolution is adopted during the period specified in subparagraph (B), then trade authorities procedures shall not be extended with respect to trade agreements entered into during any 5-year period described in subsection (b) that begins on or after the date on which the resolution is adopted.''; (B) in paragraph (2)-- (i) by striking ``If the President'' and all that follows through ``extension,'' and inserting ``The President shall submit to the Congress, not later than April 1, 2011, and not later than April 1 of each fifth year thereafter, a written report with respect to the extension of trade authorities procedures during the 5-year period beginning on July 1 of the year in which the report is submitted,'' ; and (ii) by adding at the end the following flush sentence: ``No report under this paragraph is required after a disapproval resolution is adopted under paragraph (5).''; (C) by amending paragraph (3) to read as follows: ``(3) Other reports to congress.-- ``(A) Report by the advisory committee.--the Advisory Committee for Trade Policy and Negotiations established under section 135 of the trade Act of 1974 shall, not later than June 1, 2011, and not later than June 1 of each fifth year thereafter, a written report that contains-- ``(i) its views regarding the progress that has been made in negotiations to achieve the purposes, policies, priorities, and objectives of this title; and ``(ii) a statement of its views, and the reasons therefor, regarding whether the trade authorities procedures should be extended for the succeeding 5-year period under paragraph (1). ``(B) Report by itc.--The International Trade Commission shall submit to the Congress, not later than June 1, 2011, and not later than June 1 of each fifth year thereafter, a written report that contains a review and analysis of the economic impact on the United States of all trade agreements implemented on or after July 1 of the fifth preceding calendar year. ``(C) Termination of reporting requirement.--No report under subparagraph (A) or (B) is required after a disapproval resolution is adopted under paragraph (5).''; and (D) in paragraph (5)-- (i) by striking ``(5)'' and all that follows through the end of subparagraph (A) and inserting the following: ``(5) Extension disapproval resolutions.--(A) For purposes of paragraph (1), the term `extension disapproval resolution' means a concurrent resolution of Congress, the sole matter after the resolving clause of which is as follows: `That the Congress disapproves the extension of trade authorities procedures under the Bipartisan Trade Promotion Authority Act of 2002 to any implementing bill submitted with respect to any trade agreement entered into under section 2103(b) of that Act on or after July 1, ___.', with the blank space being filled with the year that begins the applicable 5-year period described in paragraph (1)(B).''; and (ii) in subparagraph (D)(iii), by striking ``after June 30, 2005'' and inserting ``during the period beginning on July 1 of a year that begins a 5-year period described in paragraph (1)(B) and ending on April 1 of the last year of that 5-year period''.

Trade Promotion Authority Extension and Enhancement Act of 2007 - Amends the Bipartisan Trade Promotion Authority Act of 2002 to extend the President's authority until July 1, 2011 (or until July 1, 2016, and July 1 of each fifth year thereafter if the President extends such authority and the Congress approves) to enter into trade agreements with foreign countries whose tariff and nontariff policies unduly burden or restrict U.S. trade or adversely affects the U.S. economy. Extends trade authorities procedures (congressional approval) to bills implementing trade agreements entered into during the five-year period beginning on July 1, 2011, and during each five-year period thereafter, unless Congress disapproves after April 1, and before July 1, of the year in which any such five-year period begins.

To extend trade promotion authority.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Wetlands Jurisdiction Act of 2005''. SEC. 2. STATEMENT OF PURPOSES. The purposes of this Act are-- (1) to clarify the jurisdiction of the Federal Government over waters of the United States in light of the decision of the Supreme Court in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001), so that, consistent with the States' traditional and primary power over land and water use, waters such as isolated wetlands that do not have a significant nexus with traditional navigable waters are not subject to Federal jurisdiction, but remain subject to regulation by the States; (2) to provide consistency throughout the Nation in determining the jurisdiction of the Federal Government over waters of the United States; (3) to consolidate in one Federal agency the administrative authority of the Federal Government to determine, in accordance with this Act, the waters of the United States subject to the jurisdiction of the permitting program established by section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); and (4) to protect the right of States to regulate wetlands and other waters within their jurisdiction. SEC. 3. FEDERAL JURISDICTION. Section 404(a) of the Federal Water Pollution Control Act (33 U.S.C. 1344(a)) is amended-- (1) by striking ``(a) The Secretary'' and inserting the following: ``(a) Issuance of Permits.-- ``(1) In general.--The Secretary''; and (2) by adding at the end the following: ``(2) Jurisdiction.-- ``(A) In general.--Waters of the United States, including the territorial seas, shall be subject to the jurisdiction of the permitting program established by this section if the waters are-- ``(i) navigable; ``(ii) connected to navigable waters through a continuous, naturally occurring surface water connection; or ``(iii) wetlands adjacent to waters described in clause (i) or (ii). ``(B) Included waters.--For purposes of subparagraph (A)(ii) waters shall be considered to be connected to navigable waters by a continuous, naturally occurring surface water connection if the waters are connected by perennial or intermittent streams that contribute flow to navigable waters, including perennial or intermittent streams that have been restored, relocated, or channelized on the surface or that flow through culverts. ``(C) Excluded waters.-- ``(i) In general.--For purposes of subparagraph (A)(ii), waters shall not be considered to be connected to navigable waters by a continuous, naturally occurring surface water connection if the waters are connected by-- ``(I) sheet flow; ``(II) ephemeral waters, ground water, manmade ditches, or pipelines; or ``(III) a municipal separate storm sewer system or any other point source regulated under section 402, including a State program approved under section 402(b). ``(ii) Treatment of connecting waters.--The connecting waters described in clause (i) shall not be subject to the jurisdiction of the permitting program established by this section. ``(iii) Fastlands.--Fastlands shall not be subject to the jurisdiction of the permitting program established by this section.''. SEC. 4. STATUTORY CONSTRUCTION. Nothing in this Act, or the amendments made by this Act, shall be construed to preclude or deny the right of any State or interstate agency to control the discharge of dredged or fill material in any portion of the wetlands or other waters within the jurisdiction of such State, including any activity of any Federal agency. SEC. 5. SINGLE AGENCY IMPLEMENTATION. Section 404(a) of the Federal Water Pollution Control Act (33 U.S.C. 1344(a)) is further amended by adding the following: ``(3) Authority of secretary.--Beginning on the date of enactment of this paragraph, the Secretary shall have sole administrative authority to determine, in accordance with this Act, the waters of the United States subject to the jurisdiction of the permitting program established by this section.''. SEC. 6. DETERMINATION OF JURISDICTION. Section 404(a) of the Federal Water Pollution Control Act (33 U.S.C. 1344(a)) is further amended by adding the following: ``(4) Request for determination.--A person who holds an ownership interest in property, or who has written authorization from such person, may submit to the Secretary a request identifying the property and requesting the Secretary to determine the presence or absence of waters of the United States subject to the jurisdiction of the permitting program established by this section. The person making the request may limit the request to a determination of the presence or absence of any of the waters described in paragraph (2)(A)(i), (2)(A)(ii), or (2)(A)(iii). ``(5) Requests for additional information.--Not later than 30 days after the date of receipt of a request under paragraph (4), the Secretary may make one request for such additional information as may be necessary to make the jurisdiction determination. ``(6) Determination and notification by the secretary.--Not later that 90 days after the date of receipt of a request under paragraph (4), or not later than 60 days after the date of receipt of additional information provided under paragraph (5), whichever is later, the Secretary shall-- ``(A) make a jurisdictional determination for the waters described in the request; and ``(B) provide written notification of the jurisdictional determination to the person submitting the request, together with written documentation of the determination and a written basis for the determination. ``(7) Authority to seek immediate judicial review.-- ``(A) In general.--Any person authorized under paragraph (4) to request a jurisdictional determination for property may-- ``(i) seek judicial review of any such jurisdictional determination, or injunctive relief in the case of a failure to make a determination, in the United States District Court for the district in which the property is located; or ``(ii) proceed under the administrative appeals process established under this section. ``(B) Waters subject to review.--Judicial review, injunctive relief, or administrative appeal under subparagraph (A) may be sought for any of the waters described in paragraph (2)(A)(i), (2)(A)(ii), or (2)(A)(iii), as specified in the request made under paragraph (4). ``(C) Judicial review following administrative appeals.--Any person who elects to proceed under the administrative appeals process shall retain the right to seek in the United States District Court for the district in which the property is located judicial review of the final decision of the Secretary under the administrative appeals process.''. SEC. 7. DEFINITIONS. Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is further amended by adding at the end the following: ``(v) Definitions.--In this section, the following definitions apply: ``(1) Adjacent wetlands.--The term `adjacent wetlands' means wetlands that are physically touching (abutting or contiguous to) a water described in subsection (a)(2)(A)(i) or (a)(2)(A)(ii). Wetlands separated by a riverbank from which river water overflows into the wetlands annually or biannually are adjacent wetlands for purposes of this section. ``(2) Culvert.--The term `culvert' means a pipe or structure that conveys perennial or intermittent streams from one side of a linear structure, such as a roadway, to the other side. ``(3) Fastlands.--The term `fastlands' means areas located within legally constituted manmade structures, such as levees and dikes, constructed and maintained to permit the utilization of the areas for commercial, industrial, or residential purposes consistent with local land use planning requirements. ``(4) Navigable.--The term `navigable' means a water that is presently used, or is susceptible to use, in its natural condition or by reasonable improvement as a means to transport interstate or foreign commerce shoreward to its ordinary highwater mark, including all waters that are subject to the ebb and flow of the tide shoreward to their mean highwater mark. ``(5) Sheet flow.--The term `sheet flow' means non- channelized water flowing over upland. ``(6) Wetlands.--The term `wetlands' means those lands that have a predominance of hydric soils and that are inundated or saturated by surface water or ground water at a frequency and duration to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.''.

Federal Wetlands Jurisdiction Act of 2005 - Amends the Federal Water Pollution Control Act to clarify that waters of the United States, including the territorial seas, are subject to the jurisdiction of the permitting program for the discharge of dredged or fill material (permitting program) if such waters are: (1) navigable; (2) connected to navigable waters through a continuous, naturally occurring surface water connection; or (3) wetlands adjacent to such navigable or connected waters. States that waters are considered connected to navigable waters for purposes of this Act if connected by perennial or intermittent streams that contribute flow to navigable waters. Excludes from the definition those waters connected by: (1) sheet flow (non-channelized water flowing over upland); (2) ephemeral waters, ground water, manmade ditches, or pipelines; or (3) a municipal separate storm sewer system or any other regulated point source. Excludes fastlands (areas located behind legally constituted manmade structures) from the jurisdiction of the permitting program. Grants sole authority to the Secretary of the Army to determine the waters subject to the jurisdiction of the permitting program. Sets forth procedures whereby property owners, or those with written authorization from such owners, may: (1) request that the Secretary determine jurisdiction under this Act and thereafter seek judicial review or injunctive relief; or (2) proceed under the administrative appeals process.

To amend the Federal Water Pollution Control Act to clarify the jurisdiction of the Federal Government over waters of the United States, and for other purposes.

SECTION 1. GRANTS TO STATES AND UNITS OF LOCAL GOVERNMENT FOR MAKING BACKUP PAPER BALLOTS AVAILABLE IN CASE OF VOTING SYSTEM OR EQUIPMENT FAILURE OR OTHER EMERGENCY SITUATION. (a) Grants by Election Assistance Commission.--The Election Assistance Commission (hereafter referred to as the ``Commission'') shall establish a program under which the Commission shall make a grant to each participating State and each participating unit of local government for carrying out a program to make backup paper ballots available in the case of the failure of a voting system or voting equipment or some other emergency situation in the administration of the regularly scheduled general election for Federal office held in November 2008. (b) Requirements for Eligibility.-- (1) Application.--A State or unit of local government is eligible to participate in the program established by the Commission under this Act if the State or unit of local government submits an application to the Commission at such time and in such manner as the Commission shall require, and includes in the application-- (A) a certification that the State or unit of local government has established a program that meets the requirements of paragraph (2) to make backup paper ballots available in the case of the failure of a voting system or voting equipment or some other emergency situation; (B) a statement of the reasonable costs the State or unit of local government expects to incur in carrying out its program; (C) a certification that, not later than 60 days after the date of the election, the State or unit of local government will provide the Commission with a statement of the actual costs incurred in carrying out its program; (D) a certification that the State or unit of local government will repay the Commission any amount by which the payment made under this Act exceeds the actual costs incurred in carrying out its program; and (E) such other information and certifications as the Commission may require. (2) Program requirements.--The requirements of this paragraph for a program to make backup paper ballots available in the case of the failure of a voting system or voting equipment or some other emergency situation are as follows: (A) In the event that the voting equipment at a polling place malfunctions and cannot be used to cast ballots on the date of the election or some other emergency situation exists which prevents the use of such equipment to cast ballots on that date, any individual who is waiting at the polling place on that date to cast a ballot in the election and who would be delayed due to such malfunction or other emergency situation shall be notified by the appropriate election official of the individual's right to use a backup paper ballot, and shall be provided with a backup paper ballot for the election, the supplies necessary to mark the ballot, and instructions on how to mark the ballot to prevent overvotes. (B) Any backup paper ballot which is cast by an individual pursuant to the program of a State or unit of local government shall be counted as a regular ballot cast in the election and tabulated on the date of the election, and shall not be treated (for eligibility purposes) as a provisional ballot under section 302(a) of the Help America Vote Act of 2002, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot if the voting equipment at the polling place had not malfunctioned or an emergency situation had not existed which prevented the use of such equipment to cast ballots. (C) The program of a State or unit of local government is carried out in accordance with standards established by the State or unit of local government which include protocols for delivering and supplying backup paper ballots to polling places and for notifying individuals of the right to use the backup paper ballots. (c) Amount of Grant.--The amount of a grant made to a State or unit of local government under the program established by the Commission under this Act shall be equal to the amount of the reasonable costs the State or unit of local government expects to incur in carrying out its program, as provided in the application under subsection (b)(1)(B). SEC. 2. STATE DEFINED. In this Act, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, and the United States Virgin Islands. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for grants under the program established by the Commission under this Act $75,000,000. Any amount appropriated pursuant to the authority of this section shall remain available without fiscal year limitation until expended.

Directs the Election Assistance Commission to make a grant to each participating state and unit of local government for carrying out a program to make backup paper ballots available in the case of the failure of a voting system or voting equipment or some other emergency situation in the administration of the regularly scheduled federal general election held in November 2008.

To direct the Election Assistance Commission to establish a program to make grants to participating States and units of local government which will administer the regularly scheduled general election for Federal office held in November 2008 for carrying out a program to make backup paper ballots available in the case of the failure of a voting system or voting equipment in the election or some other emergency situation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Identify Theft and Tax Fraud Prevention Act''. SEC. 2. CRIMINAL PENALTY FOR USING A FALSE IDENTITY IN CONNECTION WITH TAX FRAUD. (a) In General.--Section 7207 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Any person who willfully'' and inserting the following: ``(a) In General.--Any person who willfully'', (2) by striking ``Any person required'' and inserting the following: ``(b) Information in Connection With Certain Exempt Organizations.--Any person required'', and (3) by adding at the end the following: ``(c) Misappropriation of Identity.--Any person who knowingly or willfully misappropriates another person's tax identification number in connection with any list, return, account, statement, or other document submitted to the Secretary shall be fined not less than $25,000 ($200,000 in the case of a corporation), or imprisoned not more than 5 years, or both, together with the costs of prosecution.''. (b) Effective Date.--The amendments made by this section shall apply to returns and information submitted after the date of the enactment of this Act. SEC. 3. INCREASED PENALTY FOR IMPROPER DISCLOSURE OR USE OF INFORMATION BY PREPARERS OF RETURNS. (a) In General.--Section 6713(a) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``$250'' and inserting ``$1,000'', and (2) by striking ``$10,000'' and inserting ``$50,000''. (b) Criminal Penalty.--Section 7216(a) of the Internal Revenue Code of 1986 is amended by striking ``$1,000'' and inserting ``$100,000''. (c) Effective Date.--The amendments made by this section shall apply to disclosures or uses after the date of the enactment of this Act. SEC. 4. PIN SYSTEM FOR PREVENTION OF IDENTITY THEFT TAX FRAUD. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall implement an identify theft tax fraud prevention program under which-- (1) a person who has filed an identity theft affidavit with the Secretary may elect-- (A) to be provided with a unique personal identification number to be included on any Federal tax return filed by such person, or (B) to prevent the processing of any Federal tax return submitted in an electronic format by a person purporting to be such person, and (2) the Secretary will provide additional identity verification safeguards for the processing of any Federal tax return filed by a person described in paragraph (1) in cases where a unique personal identification number is not included on the return. SEC. 5. AUTHORITY TO TRANSFER INTERNAL REVENUE SERVICE APPROPRIATIONS TO USE FOR TAX FRAUD ENFORCEMENT. For any fiscal year, the Commissioner of Internal Revenue may transfer not more than $10,000,000 to the ``Enforcement'' account of the Internal Revenue Service from amounts appropriated to other Internal Revenue Service accounts. Any amounts so transferred shall be used solely for the purposes of preventing and resolving potential cases of tax fraud. SEC. 6. LOCAL LAW ENFORCEMENT LIAISON. (a) Establishment.--The Commissioner of Internal Revenue shall establish within the Criminal Investigation Division of the Internal Revenue Service the position of Local Law Enforcement Liaison. (b) Duties.--The Local Law Enforcement Liaison shall-- (1) coordinate the investigation of tax fraud with State and local law enforcement agencies; (2) communicate the status of tax fraud cases involving identity theft, and (3) carry out such other duties as delegated by the Commissioner of Internal Revenue. SEC. 7. REPORT ON TAX FRAUD. Subsection (a) of section 7803 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Annual report on tax fraud.--The Commissioner shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House or Representatives an annual report detailing-- ``(A) the number of reports of tax fraud and suspected tax fraud received from State and local law enforcement agencies in the preceding year, and ``(B) the actions taken in response to such reports.''. SEC. 8. STUDY ON THE USE OF PREPAID DEBIT CARDS AND COMMERCIAL TAX PREPARATION SOFTWARE IN TAX FRAUD. (a) In General.--The Comptroller General shall conduct a study to examine the role of prepaid debit cards and commercial tax preparation software in facilitating fraudulent tax returns through identity theft. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report with the results of the study conducted under subsection (a), together with any recommendations. SEC. 9. RESTRICTION ON ACCESS TO THE DEATH MASTER FILE. (a) In General.--The Secretary of Commerce shall not disclose information contained on the Death Master File to any person with respect to any individual who has died at any time during the calendar year in which the request for disclosure is made or the succeeding calendar year unless such person is certified under the program established under subsection (b). (b) Certification Program.-- (1) In general.--The Secretary of Commerce shall establish a program to certify persons who are eligible to access the information described in subsection (a) contained on the Death Master File. (2) Certification.--A person shall not be certified under the program established under paragraph (1) unless the Secretary determines that such person has a legitimate fraud prevention interest in accessing the information described in subsection (a). (c) Imposition of Penalty.--Any person who is certified under the program established under subsection (b), who receives information described in subsection (a), and who during the period of time described in subsection (a)-- (1) discloses such information to any other person, or (2) uses any such information for any purpose other than to detect or prevent fraud, shall pay a penalty of $1,000 for each such disclosure or use, but the total amount imposed under this subsection on such a person for any calendar year shall not exceed $50,000. (d) Exemption From Freedom of Information Act Requirement With Respect to Certain Records of Deceased Individuals.-- (1) In general.--The Social Security Administration shall not be compelled to disclose to any person who is not certified under the program established under section 9(b) the information described in section 9(a). (2) Treatment of information.--For purposes of section 552 of title 5, United States Code, this section shall be considered a statute described in subsection (b)(3)(B) of such section 552. SEC. 10. EXTENSION OF AUTHORITY TO DISCLOSE CERTAIN RETURN INFORMATION TO PRISON OFFICIALS. (a) In General.--Section 6103(k)(10) of the Internal Revenue Code of 1986 is amended by striking subparagraph (D). (b) Report From Federal Bureau of Prisons.--Not later than 6 months after the date of the enactment of this Act, the head of the Federal Bureau of Prisons shall submit to Congress a detailed plan on how it will use the information provided from the Secretary of Treasury under section 6103(k)(10) of the Internal Revenue Code of 1986 to reduce prison tax fraud. (c) Sense of Senate Regarding State Prison Authorities.--It is the sense of the Senate that the heads of State agencies charged with the administration of prisons should-- (1) develop plans for using the information provided by the Secretary of Treasury under section 6103(k)(10) of the Internal Revenue Code of 1986 to reduce prison tax fraud, and (2) coordinate with the Internal Revenue Service with respect to the use of such information. SEC. 11. TREASURY REPORT ON INFORMATION SHARING BARRIERS WITH RESPECT TO IDENTITY THEFT. (a) Review.-- (1) In general.--The Secretary of the Treasury (or the Secretary's delegate) shall review whether current federal tax laws and regulations related to the confidentiality and disclosure of return information prevent the effective enforcement of local, State, and federal identity theft statutes. The review shall consider whether greater information sharing between the Internal Revenue Service and State and local law enforcement authorities would improve the enforcement of criminal laws at all levels of government. (2) Consultation.--In conducting the review under paragraph (1), the Secretary shall solicit the views of, and consult with, State and local law enforcement officials. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit a report with the results of the review conducted under subsection (a), along with any legislative recommendations, to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.

Identify [sic] Theft and Tax Fraud Prevention Act - Amends the Internal Revenue Code to: (1) impose a fine and/or prison term on any person who knowingly or willfully misappropriates another person's tax identification number in connection with any list, return, account, statement, or other document submitted to the Internal Revenue Service (IRS); (2) increase the civil and criminal penalties for improper disclosure or use of taxpayer information by tax return preparers; (3) require the Commissioner of Internal Revenue to submit to the Senate Committee on Finance and the House Committee on Ways and Means an annual report on the number of reported cases of tax fraud and suspected tax fraud and the actions taken in response to such reports; and (4) require the head of the Federal Bureau of Prisons to submit to Congress a detailed plan on how it will use tax information provided by the IRS to reduce prison tax fraud. Directs the Secretary of the Treasury to: (1) implement an identity theft tax fraud prevention program; and (2) review whether current federal tax law prevents the effective enforcement of local, state, and federal identity theft statutes. Authorizes the Commissioner to transfer appropriated funds to be used solely to prevent and resolve potential tax fraud cases. Directs the Commissioner to establish in the Criminal Investigation Division of the IRS the position of Local Law Enforcement Liaison to coordinate the investigation of tax fraud with state and local law enforcement agencies and communicate the status of tax fraud cases involving identity theft. Directs the Comptroller General to study and report on the role of prepaid debit cards and commercial tax preparation software in facilitating fraudulent tax returns through identity theft. Prohibits the Secretary of Commerce from disclosing information contained on the Death Master File relating to a deceased individual to persons who are not certified to access such information.

A bill to prevent identity theft and tax fraud.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home-Assembled Firearms Restriction Act of 2015''. SEC. 2. DO-IT-YOURSELF ASSAULT WEAPON BAN. (a) Banned Hazardous Products.--Notwithstanding section 3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)(E)), the following shall be considered banned hazardous products under section 8 of such Act (15 U.S.C. 2057): (1) A firearm receiver casting or firearm receiver blank that-- (A) at the point of sale does not meet the definition of a firearm in section 921(a) of title 18, United States Code; and (B) after purchase by a consumer, can be completed by the consumer to the point at which such casting or blank functions as a firearm frame or receiver for a semiautomatic assault weapon or machine gun. (2) An assault weapon parts kit. (3) A machinegun parts kit. (b) Enforcement.--Subsection (a) shall be treated as a ban under section 19 of the Consumer Product Safety Act (15 U.S.C. 2068). (c) Consultation.--In enforcing this section, the Consumer Product Safety Commission shall periodically consult with the Bureau of Alcohol, Tobacco, Firearms and Explosives regarding effective strategies for and methods of enforcement. SEC. 3. PROHIBITION OF ADVERTISING DO-IT-YOURSELF ASSAULT WEAPONS. (a) In General.--It shall be unlawful to market or advertise, on any medium of electronic communications, including over the Internet, for the sale of any of the following: (1) A firearm receiver casting or firearm receiver blank that-- (A) at the point of sale does not meet the definition of a firearm in section 921(a) of title 18, United States Code; and (B) after purchase by a consumer, can be completed by the consumer to the point at which such casting or blank functions as a firearm frame or receiver for a semiautomatic assault weapon or machinegun. (2) An assault weapon parts kit. (3) A machinegun parts kit. (b) Enforcement by the Federal Trade Commission.--A violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice described under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (c) Rule of Construction.--Nothing contained in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. SEC. 4. DEFINITIONS. (a) Terms.--For purposes of this Act-- (1) the term ``assault weapon parts kit'' means any part or combination of parts not designed and intended for repair or replacement but designed and intended to enable a consumer who possesses all such necessary parts to assemble a semiautomatic assault weapon; (2) the term ``machinegun parts kit'' means any part or combination of parts designed and intended to enable a consumer who possesses all such necessary parts to assemble a machinegun or convert a firearm into a machinegun; (3) the term ``semiautomatic assault weapon'' means-- (A) a semiautomatic rifle or semiautomatic shotgun that has the capacity to accept a detachable ammunition magazine; or (B) a semiautomatic pistol that has-- (i) the capacity to accept a detachable ammunition magazine; and (ii) any one of the features described in subsection (b); (4) the term ``machinegun'' has the meaning given such term in section 5845(b) of the Internal Revenue Code of 1986; (5) the term ``semiautomatic pistol'' means any repeating pistol that utilizes a portion of the energy of a firing cartridge to extract the fixed cartridge case and chamber the next round and requires a separate pull of the trigger to fire each cartridge; (6) the term ``semiautomatic rifle'' has the meaning given such term in section 921(a)(28) of title 18, United States Code; and (7) the term ``semiautomatic shotgun'' means any repeating shotgun that utilizes a portion of the energy of a firing cartridge to extract the fixed cartridge case and chamber the next round and requires a separate pull of a trigger to fire each cartridge. (b) Special Features of a Semiautomatic Pistol.--The special features described in subsection (a)(3)(B)(ii) are-- (1) an ammunition magazine that attaches to the pistol outside of the pistol grip; (2) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer; (3) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned; (4) a manufactured weight of 50 ounces or more when the pistol is unloaded; and (5) a semiautomatic version of an automatic firearm. SEC. 5. CONSTRUCTION. Nothing in this Act shall be construed as limiting the ability of a State to enact more restrictive gun-related laws, or bans on firearm receiver castings, firearm receiver blanks, assault weapon parts kits, or machinegun parts kits.

Home-Assembled Firearms Restriction Act of 2015 Considers as a banned hazardous product under the Consumer Product Safety Act: (1) any firearm receiver casting or firearm receiver blank (do-it-yourself assault weapon) that does not meet the definition of a firearm under the federal criminal code at the point of sale but that can be completed after purchase by the consumer to function as a firearm frame or receiver for a semiautomatic assault weapon or machine gun, or (2) an assault weapon parts kit or machine gun parts kit. Makes it unlawful to market or advertise any of such weapons for sale on any medium of electronic communications, including over the Internet. Requires marketing or advertising violations to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act.

Home-Assembled Firearms Restriction Act of 2015