SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Tax Prevention Act of 2011''. SEC. 2. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES. (a) In General.--Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) is amended by adding at the end the following: ``SEC. 330. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES. ``(a) Definition.--In this section, the term `greenhouse gas' means any of the following: ``(1) Water vapor. ``(2) Carbon dioxide. ``(3) Methane. ``(4) Nitrous oxide. ``(5) Sulfur hexafluoride. ``(6) Hydrofluorocarbons. ``(7) Perfluorocarbons. ``(8) Any other substance subject to, or proposed to be subject to, regulation, action, or consideration under this Act to address climate change. ``(b) Limitation on Agency Action.-- ``(1) Limitation.-- ``(A) In general.--The Administrator may not, under this Act, promulgate any regulation concerning, take action relating to, or take into consideration the emission of a greenhouse gas to address climate change. ``(B) Air pollutant definition.--The definition of the term `air pollutant' in section 302(g) does not include a greenhouse gas. Nothwithstanding the previous sentence, such definition may include a greenhouse gas for purposes of addressing concerns other than climate change. ``(2) Exceptions.--Paragraph (1) does not prohibit the following: ``(A) Notwithstanding paragraph (4)(B), implementation and enforcement of the rule entitled `Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards' (75 Fed. Reg. 25324 (May 7, 2010) and without further revision) and finalization, implementation, enforcement, and revision of the proposed rule entitled `Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles' published at 75 Fed. Reg. 74152 (November 30, 2010). ``(B) Implementation and enforcement of section 211(o). ``(C) Statutorily authorized Federal research, development, and demonstration programs addressing climate change. ``(D) Implementation and enforcement of title VI to the extent such implementation or enforcement only involves one or more class I or class II substances (as such terms are defined in section 601). ``(E) Implementation and enforcement of section 821 (42 U.S.C. 7651k note) of Public Law 101-549 (commonly referred to as the `Clean Air Act Amendments of 1990'). ``(3) Inapplicability of provisions.--Nothing listed in paragraph (2) shall cause a greenhouse gas to be subject to part C of title I (relating to prevention of significant deterioration of air quality) or considered an air pollutant for purposes of title V (relating to air permits). ``(4) Certain prior agency actions.--The following rules, and actions (including any supplement or revision to such rules and actions) are repealed and shall have no legal effect: ``(A) `Mandatory Reporting of Greenhouse Gases', published at 74 Fed. Reg. 56260 (October 30, 2009). ``(B) `Endangerment and Cause or Contribute Findings for Greenhouse Gases under section 202(a) of the Clean Air Act' published at 74 Fed. Reg. 66496 (Dec. 15, 2009). ``(C) `Reconsideration of the Interpretation of Regulations That Determine Pollutants Covered by Clean Air Act Permitting Programs' published at 75 Fed. Reg. 17004 (April 2, 2010) and the memorandum from Stephen L. Johnson, Environmental Protection Agency (EPA) Administrator, to EPA Regional Administrators, concerning `EPA's Interpretation of Regulations that Determine Pollutants Covered by Federal Prevention of Significant Deterioration (PSD) Permit Program' (Dec. 18, 2008). ``(D) `Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule', published at 75 Fed. Reg. 31514 (June 3, 2010). ``(E) `Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of Substantial Inadequacy and SIP Call', published at 75 Fed. Reg. 77698 (December 13, 2010). ``(F) `Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of Failure to Submit State Implementation Plan Revisions Required for Greenhouse Gases', published at 75 Fed. Reg. 81874 (December 29, 2010). ``(G) `Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Federal Implementation Plan', published at 75 Fed. Reg. 82246 (December 30, 2010). ``(H) `Action To Ensure Authority To Implement Title V Permitting Programs Under the Greenhouse Gas Tailoring Rule', published at 75 Fed. Reg. 82254 (December 30, 2010). ``(I) `Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Deterioration Program', published at 75 Fed. Reg. 82430 (December 30, 2010). ``(J) `Limitation of Approval of Prevention of Significant Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources in State Implementation Plans; Final Rule', published at 75 Fed. Reg. 82536 (December 30, 2010). ``(K) `Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Deterioration Program; Proposed Rule', published at 75 Fed. Reg. 82365 (December 30, 2010). ``(L) Except for action listed in paragraph (2), any other Federal action under this Act occurring before the date of enactment of this section that applies a stationary source permitting requirement or an emissions standard for a greenhouse gas to address climate change. ``(5) State action.-- ``(A) No limitation.--This section does not limit or otherwise affect the authority of a State to adopt, amend, enforce, or repeal State laws and regulations pertaining to the emission of a greenhouse gas. ``(B) Exception.-- ``(i) Rule.--Notwithstanding subparagraph (A), any provision described in clause (ii)-- ``(I) is not federally enforceable; ``(II) is not deemed to be a part of Federal law; and ``(III) is deemed to be stricken from the plan described in clause (ii)(I) or the program or permit described in clause (ii)(II), as applicable. ``(ii) Provisions defined.--For purposes of clause (i), the term `provision' means any provision that-- ``(I) is contained in a State implementation plan under section 110 and authorizes or requires a limitation on, or imposes a permit requirement for, the emission of a greenhouse gas to address climate change; or ``(II) is part of an operating permit program under title V, or a permit issued pursuant to title V, and authorizes or requires a limitation on the emission of a greenhouse gas to address climate change. ``(C) Action by administrator.--The Administrator may not approve or make federally enforceable any provision described in subparagraph (B)(ii).''. SEC. 3. PRESERVING ONE NATIONAL STANDARD FOR AUTOMOBILES. Section 209(b) of the Clean Air Act (42 U.S.C. 7543) is amended by adding at the end the following: ``(4) With respect to standards for emissions of greenhouse gases (as defined in section 330) for model year 2017 or any subsequent model year for new motor vehicles and new motor vehicle engines-- ``(A) the Administrator may not waive application of subsection (a); and ``(B) no waiver granted prior to the date of enactment of this paragraph may be considered to waive the application of subsection (a).''.

Summary: Energy Tax Prevention Act of 2011 - Amends the Clean Air Act to prohibit the Administrator of the Environmental Protection Agency (EPA) from promulgating any regulation concerning, taking action relating to, or taking into consideration the emission of a greenhouse gas (GHG) to address climate change. Excludes GHGs from the definition of "air pollutant" for purposes of addressing climate change. Exempts from such prohibition: (1) implementation and enforcement of the rule, "Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards" and finalization, implementation, enforcement, and revision of the proposed rule, "Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles"; (2) implementation of the renewable fuel program; (3) statutorily authorized federal research, development, and demonstration programs addressing climate change; (4) implementation and enforcement of stratospheric ozone protection to the extent that such implementation or enforcement only involves class I or II substances; and (5) implementation and enforcement of requirements for monitoring and reporting of carbon dioxide emissions. Provides that none of such exemptions shall cause a GHG to be subject to regulations relating to prevention of significant deterioration of air quality or considered an air pollutant for purposes of air pollution prevention and control permits. Repeals and makes ineffective specified rules and actions concerning permit requirements or emission standards for GHGs to address climate change. Prohibits the Administrator from waiving, and invalidates waivers given by the Administrator before the enactment of this Act, the ban on states from adopting or enforcing standards relating to the control of emissions from new motor vehicles or engines with respect to GHG emissions for model year 2017 or any subsequent model year.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Improvements for Special Needs Beneficiaries Act of 2002''. SEC. 2. SPECIALIZED MEDICARE+CHOICE PLANS FOR SPECIAL NEEDS BENEFICIARIES. (a) Establishment of Specialized Medicare+Choice Plans for Special Needs Beneficiaries.-- (1) 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.''. (2) Specialized medicare+choice plan for special needs beneficiaries defined.--Section 1859(b) of the Social Security Act (42 U.S.C. 1395w-28(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 other requirements as the Secretary may establish for purposes of identifying beneficiaries with a severe and disabling chronic condition who would benefit from enrollment in a Medicare+Choice plan described in subparagraph (A).''. (3) Restriction on enrollment permitted.--Section 1859 of the Social Security Act (42 U.S.C. 1395w-28) 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 for special needs beneficiaries (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, 2008, the plan may restrict the enrollment of individuals under the plan to individuals who are within 1 or more classes of special needs beneficiaries.''. (4) Additional requirements for specialized medicare+choice plans for special needs beneficiaries.--Section 1857(e) of the Social Security Act (42 U.S.C. 1395w-27(e)) is amended by adding at the end the following new paragraph: ``(3) Additional requirements for specialized medicare+choice plans for special needs beneficiaries.--In the case of a specialized Medicare+Choice plan for special needs beneficiaries (as defined in section 1859(b)(4)), the contract shall include additional terms and conditions as follows: ``(A) Clinical delivery system.-- ``(i) In general.--Under the contract, the organization offering the specialized Medicare+Choice plan for special needs beneficiaries shall establish a clinical delivery system that meets the needs of special needs beneficiaries (as defined in section 1859(b)(4)(B)) enrolled in the plan. ``(ii) Elements.--The clinical delivery system established under clause (i) shall include the following: ``(I) A comprehensive patient assessment and plan of care. ``(II) Methods to prevent, delay, or minimize the progression of severe and disabling chronic conditions. ``(III) Care management protocols, including high-risk screening to identify factors that may increase the cost of care provided to special needs beneficiaries. ``(IV) Appropriate specially trained health care staff, such as nurse practitioners, geriatric care managers, and mental health professionals. ``(V) Methods for promoting the integration of care, financing, and administrative functions across health care settings. ``(B) Data collection; development of outcome measures.-- ``(i) Data collection.--Under the contract, the organization offering the specialized Medicare+Choice plan for special needs beneficiaries shall-- ``(I) collect such data as the Secretary may specify for the purpose of monitoring the quality of health care items and services provided to special needs beneficiaries enrolled in the plan, outcomes, and costs, including functional and diagnostic data and information collected through outcome measures developed under clause (ii); ``(II) maintain, and afford the Secretary access to, the records relating to the plan, including pertinent financial, medical, and personnel records; and ``(III) make available to the Secretary reports that the Secretary finds necessary to monitor the operation, cost, and effectiveness of the plan. ``(ii) Development of outcome measures.-- Under the contract, the organization offering the specialized Medicare+Choice plan for special needs beneficiaries and the Secretary shall jointly cooperate in the development and implementation of health status and quality of life outcome measures with respect to special needs beneficiaries (as defined in section 1859(b)(4)(B)) enrolled in the plan. ``(C) Quality assurance; patient safeguards.--The contract shall require the organization offering the specialized Medicare+Choice plan for special needs beneficiaries to have in effect, at a minimum, a written plan of quality assurance and improvement, and procedures implementing such plan, in accordance with regulations. ``(D) Oversight.--The contract shall provide that the Secretary shall conduct, in addition to any other review conducted under this part, such review of the operation of specialized Medicare+Choice plans for special needs beneficiaries and organizations offering such plans as may be appropriate in order to ensure the compliance of the plans and organizations with the requirements of this part and regulations to carry out such requirements.''. (b) Effective Dates.-- (1) In general.--The amendments made by subsection (a) shall take effect upon the date of enactment of this Act. (2) Deadline for issuance of requirements for special needs beneficiaries; transition.--Not later than October 1, 2003, 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 (a)(2)). SEC. 3. GAO REPORT TO CONGRESS ON SPECIALIZED MEDICARE+CHOICE PLANS FOR SPECIAL NEEDS BENEFICIARIES. (a) In General.--Not later than December 31, 2006, the Comptroller General of the United States shall submit to Congress a report that assesses the impact of specialized Medicare+Choice plans for special needs beneficiaries (as defined in section 1859(b)(4) of the Social Security Act (as added by section 2(a)(2))) on the cost and quality of services provided to enrollees. (b) Contents.--The report submitted under subsection (a) shall contain the following elements: (1) A general assessment of the operations of the specialized Medicare+Choice plans for special needs beneficiaries. (2) Information on the demographics and health status of beneficiaries enrolled in such plans. (3) Information on such plans' clinical models of care. (4) Information on the performance of such plans related to such quality indicators as the Secretary determines to be appropriate. (5) An assessment of the marketing materials and practices of the plans. (6) An assessment of the plans' ability to integrate care, financing, and administrative functions across health care settings. (7) A general assessment of the costs and any savings to the medicare program under title XVIII of the Social Security Act as a result of amendments made by section 2.

Summary: Medicare Improvements for Special Needs Beneficiaries Act of 2002 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to provide for specialized Medicare+Choice plans for special needs beneficiaries and the treatment of such plans as coordinated care plans under Medicare part C. Permits restriction on the enrollment of individuals in a specialized Medicare+Choice plan to special needs beneficiaries. Establishes additional requirements for specialized Medicare+choice plans for special needs beneficiaries.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Knife Owners' Protection Act of 2017''. SEC. 2. INTERSTATE TRANSPORTATION OF KNIVES. (a) In General.--Notwithstanding any provision of any law or any rule or regulation of the United States, or of a State or any political subdivision of a State, any person who is not otherwise prohibited by Federal law from possessing, transporting, shipping, or receiving a knife or knives shall be entitled to transport a knife or knives from any place where such person may lawfully possess, carry or transport such a knife or knives to any other place where such person may lawfully possess, carry or transport such a knife or knives if-- (1) in the case of transportation by motor vehicle, the knife or knives are not directly accessible from the passenger compartment of such transporting vehicle, or, in the case of a motor vehicle without a compartment separate from the passenger compartment, the knife or knives shall be contained in a locked container, glove compartment, or console; or (2) in the case of transportation by other means (including any conveyance over land, on or through water, or through the air), the knife or knives are contained in a locked container. (b) Emergency Knives.--Any knife or tool designed for enabling escape in an emergency incorporating a blunt tipped safety blade, a guarded blade, or both, for cutting safety belts may be carried in the passenger compartment and need not be secured in a locked container, glove compartment, or console. This subsection shall not apply to the transport of any such knife or tool in the passenger cabin of aircraft whose passengers are subject to airport screening procedures of the Transportation Security Administration. (c) No Arrest or Detention.--A person who is transporting a knife or knives in compliance with this section may not be arrested or otherwise detained for violation of any law or any rule or regulation of a State or any political subdivision of a State related to the possession, transportation, or carrying of knives, unless there is probable cause to believe that the person is not in compliance with at least one of the requirements of subsection (a). (d) Claim or Defense.--A person may assert this section as a claim or defense in any action or proceeding, civil or criminal. When a person asserts this section as a claim or defense in a criminal proceeding, the State or political subdivision shall bear the burden of proving, beyond a reasonable doubt, that the person was not in compliance with subsection (a). (e) Right of Action.--Any person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or political subdivision of a State, subjects, or causes to be subjected, any person to the deprivation of the rights, privileges, or immunities set forth in this section, shall be liable to the person so deprived in an action at law, suit in equity, or other proper proceeding for redress. When a person asserts this section as a claim or defense, the court shall award the prevailing party (including any party who receives a favorable resolution through a decision by a court, settlement of a claim, withdrawal of criminal charges, or change of a statute or regulation), other than a State or any political subdivision of a State or its employees or representatives, a reasonable attorneys' fee. (f) Definition.--As used in this section, the term ``transport'' includes staying in temporary lodging overnight, common carrier misrouting or delays, stops for food, fuel, vehicle maintenance, emergencies, medical treatment, and all other activity related to the person's overall journey. The term shall not include any transportation of a knife or knives with the intent to commit any offense punishable by imprisonment for a term exceeding one year involving the use or threatened use of force against another, or with knowledge, or reasonable cause to believe, that such an offense is to be committed in the course of, or arising from, such journey. Within any form of temporary lodging, a knife or knives may be accessible. (g) Rule of Construction.--Nothing in this section shall be construed in any way to limit any right to possess, carry, or transport a knife or knives under applicable State law. SEC. 3. REPEAL OF FEDERAL PROVISIONS RELATED TO SWITCHBLADE KNIVES. (a) Repeals.-- (1) Chapter 29 of title 15, United States Code, is repealed. (2) Subsections (g) and (i) of section 1716, title 18, United States Code, are repealed. (b) Conforming Amendments.-- (1) The table of chapters at the beginning of title 15, United States Code, is amended by striking the item relating to chapter 29, and inserting in lieu thereof, ``[Chapter 29. Repealed]''. (2) Section 1716 of title 18, United States Code, is amended by redesignating-- (A) subsection (h) as subsection (g); (B) subsection (j) as subsection (h); and (C) subsection (k) as subsection (i). (c) Effective Date.--The repeals made by subsection (a)-- (1) shall take effect on the date of enactment of this Act; and (2) do not apply with respect to any indictment, convictions, sentencing, appeals, civil or criminal fines or penalties obtained, forfeitures obtained, terms of imprisonment or any other enforcement actions or proceedings occurring or commenced, on or before the date of enactment of this Act.

Summary: Knife Owners' Protection Act of 2017 This bill permits an individual to transport a knife between two places (i.e., states) where knife possession, carry, or transport is legal. A knife must be securely stored during transport, unless it is an emergency knife designed to cut seat belts. This bill prohibits the arrest or detention of an individual for a knife violation unless there is probable cause to believe the individual failed to securely store the knife during transport. An individual may assert compliance with this bill as a claim or defense in any civil or criminal proceeding. This bill repeals provisions, commonly known as the Federal Switchblade Act, that prohibit the introduction of switchblade knives into interstate commerce. It also repeals the Ballistic Knife Prohibition Act of 1986, which prohibits the possession, manufacture, sale, or importation of a ballistic knife. Finally, it amends the federal criminal code to eliminate two provisions—one that restricts the mailability of switchblade knives, and one that restricts the mailability of ballistic knives.


<greek-th> x SECTION 1. SHORT TITLE. <greek-th> x This Act may be cited as the ``Child Modeling Exploitation Prevention Act''.<greek-th> x SEC. 2. FINDINGS. <greek-th> x The Congress finds the following:<greek-th> x (1) The use of children in the production of exploitive child modeling, including on Internet websites, in photographs, films, videos, and other visual depictions, is a form of child abuse that can result in physical and psychological harm to the children involved. <greek-th> x (2) Exploitive child modeling is different from other, legitimate, child modeling because exploitive child modeling involves marketing the child himself or herself in lascivious positions and acts, rather than actually marketing products to average American consumers. <greek-th> x (3) The purpose of exploitive child modeling is to satisfy the demand of pedophiles. <greek-th> x (4) Unlike legitimate child modeling, exploitive child modeling may involve a direct and personal interaction between the child model and the pedophile. The pedophile often knows the child's name and has a way of communicating with the child. <greek-th> x (5) The interaction between the exploited child model and the pedophile can lead the child to trust pedophiles and to believe that it is acceptable and safe to meet with pedophiles in private. <greek-th> x (6) Over 70 percent of convicted pedophiles have used child pornography or exploitive child modeling depictions to whet their sexual appetites. Because children are used in its production, exploitive child modeling can place the child in danger of being abducted, abused, or murdered by the pedophiles who view such depictions. <greek-th> x (7) These exploitive exhibitions of children are unacceptable by social standards and lead to a direct harm to the children involved. <greek-th> x SEC. 3. EMPLOYMENT IN EXPLOITIVE CHILD MODELING. <greek-th> x (a) Prohibition on Employment.--Section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212) is amended by adding at the end the following:<greek-th> x ``(e)(1) No employer may employ a child model in exploitive child modeling.<greek-th> x ``(2) Notwithstanding section 16(a), whoever violates paragraph (1) shall be fined under title 18 or imprisoned not more than 10 years, or both.<greek-th> x ``(3)(A) In this subsection, the term `exploitive child modeling' means modeling involving the use of a child under 17 years old for financial gain without the purpose of marketing a product or service other than the image of the child.<greek-th> x ``(B) Such term applies to any such use, regardless of whether the employment relationship of the child is direct or indirect, or contractual or noncontractual, or is termed that of an independent contractor.<greek-th> x ``(C) Such term does not apply to an image which, taken as a whole, has serious literary, artistic, political, or scientific value.''.<greek-th> x (b) Oppressive Child Labor.--Section 3(l) of such Act (29 U.S.C. 203(l)) is amended--<greek-th> x (1) by striking ``(1) any'' and inserting ``(A) any'';<greek-th> x (2) by striking ``(2) any'' and inserting ``(B) any'';<greek-th> x (3) by inserting ``(1)'' after ``(l)''; and<greek-th> x (4) by adding at the end the following new paragraph:<greek-th> x ``(2) Such term includes employment of a minor in violation of section 12(e)(1).''.<greek-th> x SEC. 4. EXPLOITIVE CHILD MODELING OFFENSE. <greek-th> x (a) In General.--110 of title 18, United States Code, is amended by inserting after section 2252A the following:<greek-th> x ``2252B. Exploitive child modeling<greek-th> x ``(a) In General.--Except as provided in subsection (b), whoever, in or affecting interstate or foreign commerce, with the intent to make a financial gain thereby--displays or offers to provide the image of an individual engaged in exploitive child modeling (as defined in section 12(e) of the Fair Labor Standards Act of 1938) shall be fined under this title or imprisoned not more than 10 years, or both.<greek-th> x ``(b) Exception.--This section does not apply to an image which, taken as a whole, has serious literary, artistic, political, or scientific value.''.<greek-th> x (b) Clerical Amendment.--The table of sections at the beginning of chapter 110 of title 18, United States Code, is amended by inserting after the item relating to section 2252A the following:<greek-th> x <greek-th> x <greek-th><greek-e>``2252B. Exploitive child modeling.''.<greek-th><greek-e>

Summary: Child Modeling Exploitation Prevention Act - Amends the Fair Labor Standards Act of 1938 to prohibit an employer from employing a child model in exploitive child modeling. Defines "exploitive child modeling" as modeling involving the use of a child under 17 years old for financial gain without the purpose of marketing a product or service other than the child's image, regardless of whether the employment relationship of the child is direct or indirect, contractual or non-contractual, or is termed that of an independent contractor. Provides that such term does not apply to an image which, taken as a whole, has serious literary, artistic, political, or scientific value.Sets penalties for violations. Includes employment of a minor in violation of such provision within the definition of "oppressive child labor."Amends the Federal criminal code to prohibit displaying or offering to provide the image of an individual engaged in exploitive child modeling, in or affecting interstate or foreign commerce, with the intent to make a financial gain, except with respect to an image which has serious literary, artistic, political, or scientific value.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Our Professionals Educationally (HOPE) Act of 2001''. SEC. 2. TRANSFER OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL BY MEMBERS OF THE ARMED FORCES WITH CRITICAL MILITARY SKILLS. (a) Authority To Transfer to Family Members.--(1) Subchapter II of chapter 30 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 3020. Transfer of entitlement to basic educational assistance: members of the Armed Forces with critical military skills ``(a) In General.--Subject to the provisions of this section, each Secretary concerned may, for the purpose of enhancing recruitment and retention of members of the Armed Forces with critical military skills and at such Secretary's sole discretion, permit an individual described in subsection (b) who is entitled to basic educational assistance under this subchapter to elect to transfer, in whole or in part, up to one- half of such individual's entitlement to such assistance to the dependents specified in subsection (c). ``(b) Eligible Individuals.--An individual referred to in subsection (a) is any member of the Armed Forces who, at the time of the approval by the Secretary concerned of the member's request to transfer entitlement to basic educational assistance under this section-- ``(1) has completed six years of service in the Armed Forces; ``(2) either-- ``(A) has a critical military skill designated by the Secretary concerned for purposes of this section; or ``(B) is in a military specialty designated by the Secretary concerned for purposes of this section as requiring critical military skills; and ``(3) enters into an agreement to serve at least four more years as a member of the Armed Forces. ``(c) Eligible Dependents.--An individual approved to transfer an entitlement to basic educational assistance under this section may transfer the individual's entitlement as follows: ``(1) To the individual's spouse. ``(2) To one or more of the individual's children. ``(3) To a combination of the individuals referred to in paragraphs (1) and (2). ``(d) Limitation on Months of Transfer.--The total number of months of entitlement transferred by an individual under this section may not exceed 18 months. ``(e) Designation of Transferee.--An individual transferring an entitlement to basic educational assistance under this section shall-- ``(1) designate the dependent or dependents to whom such entitlement is being transferred and the percentage of such entitlement to be transferred to each such dependent; and ``(2) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1). ``(f) Time for Transfer; Revocation and Modification.--(1) Subject to the time limitation for use of entitlement under section 3031 of this title, an individual approved to transfer entitlement to basic educational assistance under this section may transfer such entitlement at any time after the approval of individual's request to transfer such entitlement without regard to whether the individual is a member of the Armed Forces when the transfer is executed. ``(2)(A) An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. ``(B) The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs. ``(g) Commencement of Use.--A dependent to whom entitlement to basic educational assistance is transferred under this section may not commence the use of the transferred entitlement until the following: ``(1) In the case of entitlement transferred to a spouse, the completion by the individual making the transfer of 6 years of service in the Armed Forces. ``(2) In the case of entitlement transferred to a child, both-- ``(A) the completion by the individual making the transfer of 10 years of service in the Armed Forces; and ``(B) either-- ``(i) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); or ``(ii) the attainment by the child of 18 years of age. ``(h) Additional Administrative Matters.--(1) The use of any entitlement to basic educational assistance transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used. ``(2) Except as provided under subsection (e)(2) and subject to paragraphs (4) and (5), a dependent to whom entitlement is transferred under this section is entitled to basic educational assistance under this subchapter in the same manner and at the same rate as the individual from whom the entitlement was transferred. ``(3) The death of an individual transferring an entitlement under this section shall not affect the use of the entitlement by the individual to whom the entitlement is transferred. ``(4) Notwithstanding section 3031 of this title, a child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years. ``(5) The administrative provisions of this chapter (including the provisions set forth in section 3034(a)(1) of this title) shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible veteran for purposes of such provisions. ``(6) The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate). ``(i) Overpayment.--(1) In the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of this title. ``(2) Except as provided in paragraph (3), if an individual transferring entitlement under this section fails to complete the service agreed to by the individual under subsection (b)(3) in accordance with the terms of the agreement of the individual under that subsection, the amount of any transferred entitlement under this section that is used by a dependent of the individual as of the date of such failure shall be treated as an overpayment of basic educational assistance under paragraph (1). ``(3) Paragraph (2) shall not apply in the case of an individual who fails to complete service agreed to by the individual-- ``(A) by reason of the death of the individual; or ``(B) for a reason referred to in section 3011(a)(1)(A)(ii)(I) of this title. ``(j) Approvals of Transfer Subject to Availability of Appropriations.--The Secretary concerned may approve transfers of entitlement to basic educational assistance under this section in a fiscal year only to the extent that appropriations for military personnel are available in the fiscal year for purposes of making transfers of funds under section 2006 of title 10 with respect to such transfers of entitlement. ``(k) Regulations.--The Secretary of Defense shall prescribe regulations for purposes of this section. Such regulations shall specify the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (f)(2), and shall specify the manner of the applicability of the administrative provisions referred to in subsection (h)(5) to a dependent to whom entitlement is transferred under this section. ``(l) Annual Reports.--(1) Not later than January 31, 2003, and each year thereafter, each Secretary concerned shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the transfers of entitlement to basic educational assistance under this section that were approved by such Secretary during the preceding year. ``(2) Each report shall set forth-- ``(A) the number of transfers of entitlement under this section that were approved by such Secretary during the preceding year; or ``(B) if no transfers of entitlement under this section were approved by such Secretary during that year, a justification for such Secretary's decision not to approve any such transfers of entitlement during that year. ``(m) Secretary Concerned Defined.--Notwithstanding section 101(25) of this title, in this section, the term `Secretary concerned' means-- ``(1) the Secretary of the Army with respect to matters concerning the Army; ``(2) the Secretary of the Navy with respect to matters concerning the Navy or the Marine Corps; ``(3) the Secretary of the Air Force with respect to matters concerning the Air Force; and ``(4) the Secretary of the Defense with respect to matters concerning the Coast Guard, or the Secretary of Transportation when it is not operating as a service in the Navy.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3019 the following new item: ``3020. Transfer of entitlement to basic educational assistance: members of the Armed Forces with critical military skills.''. (b) Treatment under Department of Defense Education Benefits Fund.--Section 2006(b)(2) of title 10, United States Code, is amended by adding at the end the following: ``(D) The present value of the future benefits payable from the Fund as a result of transfers under section 3020 of title 38 of entitlement to basic educational assistance under chapter 30 of title 38.''. (c) Plan for Implementation.--Not later than June 30, 2002, the Secretary of Defense shall submit to Congress a report describing the manner in which the Secretaries of the military departments and the Secretary of Transportation propose to exercise the authority granted by section 3020 of title 38, United States Code, as added by subsection (a). SEC. 3. AUTHORITY FOR ACCELERATED PAYMENTS OF BASIC EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL. (a) In General.--Section 3014 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(c)(1)(A) Notwithstanding any other provision of this chapter and subject to subparagraph (B), an individual entitled to basic educational assistance under this subchapter may elect to receive an accelerated payment of the basic educational assistance allowance. ``(B) The Secretary may not make an accelerated payment for a course to an individual who has received an advance payment under section 3680(d) of this title for the same enrollment period. ``(2)(A) Pursuant to an election under paragraph (1), the Secretary shall make an accelerated payment to an individual for a course in a lump-sum amount equal to the lesser of-- ``(i) the amount of the educational assistance allowance for the month, or fraction thereof, in which the course begins plus the educational assistance allowance for each of the succeeding four months; or ``(ii)(I) in the case of a course offered on a quarter, semester, or term basis, the amount of aggregate monthly educational assistance allowance otherwise payable under this subchapter for the course for the entire quarter, semester, or term; or ``(II) in the case of a course that is not offered on a quarter, semester, or term basis, the amount of aggregate monthly educational assistance allowance otherwise payable under this subchapter for the entire course. ``(B) In the case of an adjustment under section 3015(h) of this title in the monthly rate of basic educational assistance that occurs during a period for which an accelerated payment is made under this subsection, the Secretary shall pay-- ``(i) on an accelerated basis the amount of the allowance otherwise payable under this subchapter for the period without regard to the adjustment under that section; and ``(ii) on the date of the adjustment any additional amount of the allowance that is payable for the period as a result of the adjustment. ``(3) For each accelerated payment made to an individual under this subsection, the individual's entitlement under this subchapter shall be charged at the same rate at which the entitlement would be charged if the individual had received a monthly educational assistance allowance for the period of educational pursuit covered by the accelerated payment. ``(4) The Secretary shall prescribe regulations to carry out this subsection. The regulations shall include the requirements, conditions, and methods for the request, issuance, delivery, certification of receipt and use, and recovery of overpayment of an accelerated payment under this subsection.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is six months after the date of the enactment of this Act, and shall apply with respect to courses of education beginning on or after that date. SEC. 4. AVAILABILITY OF MONTGOMERY GI BILL BENEFITS FOR TRAINING FOR TECHNOLOGICAL OCCUPATIONS OFFERED BY ENTITIES OTHER THAN EDUCATIONAL INSTITUTIONS. (a) In General.--Section 3452(c) of title 38, United States Code, is amended to read as follows: ``(c) The term `educational institution' means the following: ``(1) Any public or private elementary school, secondary school, vocational school, correspondence school, business school, junior college, teachers' college, college, normal school, professional school, university, or scientific or technical institution, or other institution furnishing education for adults. ``(2) Any entity that provides training required for completion of any State-approved alternative teacher certification program (as determined by the Secretary). ``(3) Any entity that provides, either directly or under an agreement with another entity, a course or courses to fulfill the requirements for the attainment of a license or certificate generally recognized as necessary to obtain, maintain, or advance in employment in a vocation or profession in a technological occupation (as defined by the Secretary).''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2001, and shall apply with respect to training courses, approved by the Secretary of Veterans Affairs, for certification for technological occupations beginning on or after that date. SEC. 5. MODIFICATION OF TIME FOR USE BY CERTAIN MEMBERS OF SELECTED RESERVE OF ENTITLEMENT TO CERTAIN EDUCATIONAL ASSISTANCE. Section 16133(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(5)(A) In the case of a person who continues to serve as member of the Selected Reserve as of the end of the 10-year period applicable to the person under subsection (a), as extended, if at all, under paragraph (4), the period during which the person may use the person's entitlement shall expire at the end of the 5-year period beginning on the date the person is separated from the Selected Reserve. ``(B) Subparagraph (A) shall not apply with respect to an individual otherwise described by that subparagraph who is separated from the armed forces under other than honorable conditions. ``(C) The provisions of paragraph (4) shall apply with respect to any period of active duty of a person referred to in subparagraph (A) during the 5-year period referred to in that subparagraph.''.

Summary: Helping Our Professionals Educationally (HOPE) Act of 2001 - Authorizes the Secretary of each military department to permit a member who is entitled to basic educational assistance under the Veterans Educational Assistance Program (VEAP), has served at least six years, has a critical military skill or is in a military specialty designated as critical, and agrees to serve at least four more years to transfer such assistance to one or more dependents. Allows up to 18 months of entitlement to be transferred. Prohibits a spouse from using such assistance until the transferor has completed six years of service. Prohibits a child from using such assistance until the transferor has completed ten years of service and the child has completed secondary school requirements or is 18 years of age.Authorizes a VEAP-entitled individual to elect to receive an accelerated lump-sum payment of basic educational assistance, under specified conditions.Makes Montgomery GI Bill benefits available for training which leads to licensing or certification in technological occupations.Makes members who continue in the Selected Reserve beyond the ten-year period required for entitlement to educational assistance eligible for such assistance for five years after separation from such service (unless such separation is under other than honorable conditions).


SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Transition Act of 2000''. SEC. 2. AMENDMENTS TO PRESIDENTIAL TRANSITION ACT OF 1963. Section 3(a) of the Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended-- (1) in the matter preceding paragraph (1) by striking ``including--'' and inserting ``including the following:''; (2) in each of paragraphs (1) through (6) by striking the semicolon at the end and inserting a period; and (3) by adding at the end the following: ``(8)(A)(i) Payment of expenses during the transition for briefings, workshops, or other activities to acquaint key prospective Presidential appointees with the types of problems and challenges that most typically confront new political appointees when they make the transition from campaign and other prior activities to assuming the responsibility for governance after inauguration. ``(ii) Activities under this paragraph may include interchange between such appointees and individuals who-- ``(I) held similar leadership roles in prior administrations; ``(II) are department or agency experts from the Office of Management and Budget or an Office of Inspector General of a department or agency; or ``(III) are relevant staff from the General Accounting Office. ``(iii) Activities under this paragraph may include training in records management to comply with section 2203 of title 44, United States Code, including training on the separation of Presidential records and personal records to comply with subsection (b) of that section. ``(iv) Activities under this paragraph may include training in human resources management and performance-based management. ``(B) Activities under this paragraph shall be conducted primarily for individuals the President-elect intends to nominate as department heads or appoint to key positions in the Executive Office of the President. ``(9)(A) Development of a transition directory by the Administrator for activities conducted under paragraph (8). ``(B) The transition directory shall be a compilation of Federal publications and materials with supplementary materials developed by the Administrator that provides information on the officers, organization, and statutory and administrative authorities, functions, duties, responsibilities, and mission of each department and agency. ``(10)(A) Notwithstanding subsection (b), consultation by the Administrator with any candidate for President or Vice President to develop a systems architecture plan for the computer and communications systems of the candidate to coordinate a transition to Federal systems, if the candidate is elected. ``(B) Consultations under this paragraph shall be conducted at the discretion of the Administrator.''. SEC. 3. REPORT ON IMPROVING THE FINANCIAL DISCLOSURE PROCESS FOR PRESIDENTIAL NOMINEES. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Office of Government Ethics shall conduct a study and submit a report on improvements to the financial disclosure process for Presidential nominees required to file reports under section 101(b) of the Ethics in Government Act of 1978 (5 U.S.C. App.) to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives. (b) Content of Report.-- (1) In general.--The report under this section shall include recommendations and legislative proposals on-- (A) streamlining, standardizing, and coordinating the financial disclosure process and the requirements of financial disclosure reports under the Ethics in Government Act of 1978 (5 U.S.C. App.) for Presidential nominees; (B) avoiding duplication of effort and reducing the burden of filing with respect to financial disclosure of information to the White House Office, the Office of Government Ethics, and the Senate; and (C) any other relevant matter the Office of Government Ethics determines appropriate. (2) Limitation relating to conflicts of interest.--The recommendations and proposals under this subsection shall not (if implemented) have the effect of lessening substantive compliance with any conflict of interest requirement. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.

Summary: States that such activities may include interchange between such appointees and individuals who: (1) held similar leadership roles in prior administrations; (2) are department or agency experts from the Office of Management and Budget or a department or agency Office of Inspector General; or (3) are relevant staff from the General Accounting Office. Permits such activities also to include training in: (1) records management, including training on the separation of Presidential records and personal records to comply with certain requirements; and (2) human resources management and performance-based management. Requires the Administrator to develop a transition directory for such activities, which compile Federal publications and materials with supplementary materials developed by the Administrator that provide information on the officers, organization, and statutory and administrative authorities, functions, duties, responsibilities, and mission of each department and agency. Requires the Administrator also to consult with any candidate for President or Vice President to develop a systems architecture plan for the candidate's computer and communications systems to coordinate a transition to Federal systems, if the candidate is elected. Directs the Office of Government Ethics to study and report to specified congressional committees on improvements to the mandatory financial disclosure process under the Ethics in Government Act of 1978 for presidential nominees. Authorizes appropriations.


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

Summary: Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that a beneficiary shall be entitled to a prorated benefit for the month in which he or she dies.


SECTION 1. NATIONAL ELECTRIC SYSTEM PUBLIC BENEFITS. Title VI of the Public Utility Regulatory Policies Act of 1978 is amended by adding after section 604 the following new section: ``SEC. 605. NATIONAL ELECTRIC SYSTEM PUBLIC BENEFITS FUND. ``(a) Purpose.--The purpose of this section is to provide for a National Electric System Public Benefits Fund, administered by the National Electric System Public Benefits Board, to provide matching funds to States for the support of eligible public purpose programs. ``(b) Definitions.--For purposes of this section: ``(1) The term `Board' means the National Electric System Public Benefits Board established under this section. ``(2) The term `eligible public purpose program' means a program that supports-- ``(A) conservation and energy efficiency and renewable energy, ``(B) universal and affordable service, or ``(C) research and development that supports such purposes, and that is designated by the Board as eligible to receive funding under this section. ``(3) The term `matching funds' means an equal distribution of State funds and funds made available as provided in this section. ``(4) The `Secretary' means the Secretary of Energy. ``(5) The terms `State commission' and `transmitting utility' have the meanings provided for such terms by the Federal Power Act. ``(6) The term `renewable energy' means electricity generated from nontoxic organic waste, biomass, dedicated energy crops, landfill gas, geothermal, solar, tidal or wind resources, except that such term does not include electricity generated from the incineration of municipal solid waste. ``(7) The term `energy efficiency' means programs and measures designed to cost-effectively improve the efficiency of end-use electricity consumption, considering all costs of electricity generation, transmission, distribution, and consumption on a life-cycle basis. For purposes of this section, eligible energy efficiency programs and measures shall include efforts to transform markets in end-use equipment, to develop and implement codes and standards, to provide technical support and information to consumers, and to provide financing and financial support for the acquisition of efficient end use equipment. ``(9) A program that supports `universal and affordable service' is any program that promotes high quality and reliable electric service at just, reasonable, and affordable rates for low income consumers and those in rural, insular, or high cost areas. ``(c) National Electric System Public Benefits Board.--(1) A National Electric System Public Benefits Board shall be established to carry out the functions and responsibilities specified in this section. ``(2) The Board shall be composed of 3 persons who are officers or employees of the United States, and 4 State commissioners nominated by the national organization of the State commissions and appointed by the Secretary. The Secretary shall appoint one member of the Board to serve as Chairman. ``(3) Within 180 days after the enactment of this Act, the Secretary shall promulgate a final rule containing the rules and procedures of the Board, including the rules and procedures for selecting a non-Federal fiscal agent under subsection (e). The Secretary shall have oversight responsibilities over the Board. ``(d) Contributions.--Each owner or operator of an electric power generation facility shall, as a condition of transmitting power to any transmitting utility, contribute funds (based on the kilowatt hours transmitted) in such amounts as shall be determined by the Board to be necessary to generate revenues in each calendar year equal to \1/2\ of the aggregate cost of carrying out the eligible public purpose programs that meet the criteria established by the Board under subsection (e) for receipt of funding for that calendar year. Such contributions shall not exceed 2 mills per kilowatt hour. Each transmitting utility receiving electricity from a generator shall collect such contributions and transfer the contributions to the fiscal agent designated under subsection (e) at the end of each month in which contributions are made. ``(e) Public Benefits Program.--(1) Within 90 days after the promulgation of the Secretary's rules under subsection (c)(3), the Board shall institute a proceeding to establish regulations governing creation and administration of a Public Benefits Program. Such regulations shall include criteria for the eligibility of the State public service programs for support under the Program. The Board shall enter into arrangements with a non-Federal fiscal agent who shall be authorized to receive the contributions made under subsection (d) and to disburse such contributions as provided in subsection (f). The Board shall prepare a recommended decision for prompt review and approval by the Secretary. ``(2) Any State may establish one or more public purpose programs and apply for matching funding for such program or programs under the Public Benefits Program. A participating State may use matching funds received under this section only to support one or more eligible public purpose programs. The Board shall regularly audit the expenditures of matching funds received by a participating State under this section. ``(3) At no time is a State required, pursuant to this section, to participate in the Public Benefits program, nor may a State be required by the Board to fund a particular eligible public purpose program. ``(f) National Electric System Public Benefits.--(1) The fiscal agent shall distribute contributions received by the fiscal agent under subsection (d) to States (or entities designated by the States) under this subsection in accordance with the criteria established by the Board under subsection (e) to carry out eligible public purpose programs established by the States. A State seeking matching funds to carry out eligible public purpose programs shall apply for such funds no later than 3 months prior to the start of the calendar year. In its application, the State must certify that the moneys will be used for one or more eligible public purpose programs and must specify the amount of State support which is projected for the coming calendar year for the programs concerned. ``(2) Upon receipt of all State requests for matching funds submitted pursuant to paragraph (1) within the 3-month time period specified in paragraph (1), the Board shall calculate the funds necessary to match the level of projected States funds for eligible public purpose programs for the coming calendar year. ``(3) Following the calculation of the amount of matching funds required under paragraph (2) for all States for any calendar year, the Board shall communicate that amount to the fiscal agent. To the extent the matching funds requested by all States for a calendar year exceed the maximum projected revenues from the contributions under this section, the matching funds distributed to each State shall be reduced pro rata so that the percentage of State funds matched by funds provided under this section is the same for all States. ``(4) The fiscal agent shall distribute matching funds to the States (or to an entity or entities designated by the State to receive payments) in monthly payments to be used for eligible public purpose programs designated under subsection (f). All funds received shall be used only for the eligible public purpose programs designated by the State. ``(g) Existing Programs.--It is the sense of the Congress that the program established under this section shall not replace or supersede any other existing programs that support or encourage conservation and energy efficiency, renewable energy, universal and affordable service, or research and development.''.

Summary: Amends the Public Utility Regulatory Policies Act of 1978 to establish a National Electric System Public Benefits Fund, administered by the National Electric System Public Benefits Board to provide matching funds to States for the support of eligible public purpose programs. Confers oversight responsibility over the Board upon the Secretary of Energy. Requires each electric power generation facility owner or operator, as a condition of transmitting power to any transmitting utility, to contribute funds determined by the Board to be necessary to generate revenues in each calendar year equal to one-half of the aggregate cost of implementing certain public purpose programs. Requires the Board to institute a rulemaking proceeding governing creation and administration of a Public Benefits Program. Authorizes any State to establish one or more public purpose programs and apply for matching funds under the Public Benefits Program. Emphasizes State discretion to elect participation in such Program. Expresses the sense of the Congress that such Program shall not replace or supersede any other existing programs that support or encourage conservation and energy efficiency, renewable energy, universal and affordable service, or research and development.


SECTION 1. LAND TRANSFER. (a) In General.--Subject to subsection (d), the Secretary of the Army shall transfer the land described in subsection (b) to the Secretary of the Interior to be held in trust for the benefit of the Tribe, and subsection (c) to the State of North Dakota. (b) Standing Rock Land Transfer.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Army shall transfer the covered property to the Secretary of the Interior to be held in trust for the benefit of the Tribe. (2) Definitions.--In this subsection, the following definitions apply: (A) Covered property.--The term ``covered property'' means all the property-- (i) within the exterior boundaries of the Reservation within the State of North Dakota; (ii) acquired by the United States for the Oahe Dam and Reservoir Project pursuant to Public Law 85-915 (72 Stat. 1762); (iii) located above the top of the exclusive flood pool of the Oahe Dam and Reservoir Project, as determined by the Secretary of the Army; and (iv) under the administrative control of the Corps of Engineers. (B) Reservation.--The term ``Reservation'' means the Standing Rock Indian Reservation. (C) Tribe.--The term ``Tribe'' means the Standing Rock Sioux Tribe of North and South Dakota. (c) Transfer of Property to North Dakota.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Army shall convey to the State of North Dakota all right, title, and interest of the United States in and to the covered property. (2) Definition of covered property.--In this subsection, the term ``covered property'' means all property-- (A) in Burleigh County, Emmons County, or Morton County in the State of North Dakota; (B) acquired by the United States for the Oahe Dam and Reservoir Project pursuant to Public Law 85-915 (72 Stat. 1762); (C) located above the top of the exclusive flood pool of the Oahe Dam and Reservoir Project, as determined by the Secretary of the Army; and (D) under the administrative control of the Corps of Engineers. (d) Conditions of Transfer.-- (1) Authorized purposes.--The transfer of land under this section shall not interfere with any of the authorized purposes of the Oahe Dam and Reservoir Project, any project of the Pick- Sloan Missouri River Basin Program, or any applicable law. (2) Definition of pick-sloan missouri river basin program.--For purposes of this subsection, the term ``Pick- Sloan Missouri River Basin Program'' means the Pick-Sloan Missouri River Basin Program (authorized by section 9 of the Flood Control Act of 1944) (58 Stat. 891, chapter 665). (3) Damage to land.--The United States shall not be responsible for any damage to the transferred land caused by flooding, sloughing, erosion, or any other change to the transferred land as a result of the operation of the Oahe Dam and Reservoir Project or any project of the Pick-Sloan Missouri River Basin Programs. (4) Retained rights.--The Secretary of the Army shall retain the right to inundate with water or cause erosion to the transferred lands, as necessary for the operation of the Oahe Dam and Reservoir Project or any project of the Pick-Sloan Missouri River Basin Programs. (5) Retained property interests.--Notwithstanding subsections (b) and (c), the Secretary of the Army shall retain any land, structures, easements or other property interests necessary to carry out authorized purposes of the Oahe Dam and Reservoir Project or any project of the Pick-Sloan Missouri River Basin Programs. (6) Other terms and conditions.--The transfer of land under this section shall be subject to any other term or condition that the Secretary of the Army determines to be appropriate to ensure the continued operation of the Oahe Dam and Reservoir or of any project of the Pick-Sloan Missouri River Basin Program. (7) Existing rights and interests.--Nothing in this Act deprives any person of any easement, leasehold, or other right of interest that, as of the date of enactment of this Act, the person may have in the land to be transferred. (e) Map.-- (1) In general.--The Secretary of the Army shall prepare a map of the land transferred under this section. (2) Land.--The map shall identify-- (A) land reasonably expected to be required for project purposes during the 20-year period beginning on the date of enactment of this Act; and (B) dams and related structure which will be retained by the Secretary of the Army. (3) Availability.--The map shall be on file in the appropriate offices of the Secretary. (f) Costs.--The Standing Rock Sioux Tribe shall be responsible for the payment of all costs and administrative expenses associated with the transfer authorized by subsection (b) and the State of North Dakota shall be responsible for the payment of all costs and administrative expenses associated with the transfer authorized by subsection (c), including costs of survey compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any coordination necessary with respect to requirements related to endangered species, cultural resources, and clean air.

Summary: This bill requires the U.S. Army Corps of Engineers to transfer certain property within the exterior boundaries of the Standing Rock Indian Reservation within North Dakota that was acquired by the United States for the Oahe Dam and Reservoir Project to the Department of the Interior to be held in trust for the Standing Rock Sioux Tribe of North and South Dakota. The Corps of Engineers shall convey to North Dakota all right of the United States to certain property in Burleigh County, Emmons County, or Morton County in North Dakota that was acquired by the United States for such project and and that is located above the top of the exclusive flood pool of the project. The transfer of such land shall not interfere with any of the authorized purposes of such project, any project of the Pick-Sloan Missouri River Basin Program, or any applicable law. The Corps of Engineers shall retain: (1) the right to inundate with water or cause erosion to the transferred lands as necessary for the operation of such projects; and (2) any land, structures, easements or other property interests necessary to carry out such projects. The Tribe and North Dakota shall be responsible for the payment of costs and administrative expenses associated with the transfers and for any coordination necessary with respect to requirements related to endangered species, cultural resources, and clean air.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Gold King Mine Spill Recovery Act of 2015''. SEC. 2. FINDINGS. Congress finds that-- (1) on August 5, 2015, approximately 3,000,000 gallons of contaminated water was discharged from the Gold King Mine north of Silverton, Colorado, into Cement Creek, a tributary of the Animas River, while contractors of the Environmental Protection Agency were conducting an investigation of the mine-- (A) to assess the ongoing water releases from the mine; (B) to treat mine water; and (C) to assess the feasibility of further mine remediation; (2) the plume of contaminated water resulting from the discharge described in paragraph (1)-- (A) was found to contain high levels of heavy metals, including aluminum, arsenic, cadmium, cobalt, copper, iron, lead, manganese, mercury, molybdenum, nickel, and zinc; and (B) flowed through the Animas River, the San Juan River, and Lake Powell; (3) as of the date of enactment of this Act, with respect to the discharge described in paragraph (1)-- (A) state of emergency declarations have been made by-- (i) the States of Colorado, New Mexico, and Utah; and (ii) the Navajo Nation; and (B) a declaration of disaster has been issued by the Southern Ute Indian Tribe; and (4) on August 11, 2015, Administrator of the Environmental Protection Agency Gina McCarthy stated that the Environmental Protection Agency will take full responsibility for the discharge described in paragraph (1). SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Gold king mine spill.--The term ``Gold King Mine spill'' means the discharge on August 5, 2015, of approximately 3,000,000 gallons of contaminated water from the Gold King Mine north of Silverton, Colorado, into Cement Creek that occurred while contractors of the Environmental Protection Agency were conducting an investigation of the Gold King Mine. (3) Injured person.--The term ``injured person'' means a person that-- (A) suffered injury resulting from the Gold King Mine spill; and (B) is-- (i) an individual, regardless of the citizenship or alien status of the individual; (ii) an Indian tribe, tribal corporation, or other tribal organization; (iii) a corporation, business, partnership, company, association, insurer, county, township, city, State or political subdivision of a State, school district, ditch company, special district, water district, water company, the Animas-La Plata Operation, Maintenance and Replacement Association, or other non-Federal entity; or (iv) a legal representative of an individual or entity described in any of clauses (i) through (iii). (4) Injury.--The term ``injury'' means any damage to, or loss of, property, or a personal injury or death, caused by a negligent or wrongful act or omission of a Federal officer, employee, contractor, or subcontractor while acting within the scope of office, employment, or contract, under circumstances in which the Federal officer, employee, contractor, or subcontractor, if a private person, would be liable to the claimant in accordance with the law of the jurisdiction in which the act or omission occurred. (5) Office.--The term ``Office'' means the Office of Gold King Mine Spill Claims established by section 4(b)(1). SEC. 4. COMPENSATION FOR VICTIMS OF GOLD KING MINE SPILL. (a) Federal Tort Claims.-- (1) In general.--Subject to paragraph (4), each injured person shall be entitled to receive from the United States compensation for a claim filed, or civil action brought, under chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act''), arising out of or relating to an injury resulting from the Gold King Mine spill. (2) Effect of acceptance.--The acceptance by an injured person of compensation under paragraph (1) shall have the same effect as acceptance of compensation under chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act''), or any other Federal or State law, arising out of or relating to the Gold King Mine spill. (3) Requirement.--The Administrator and the Attorney General shall process a claim filed, or civil action brought, pursuant to paragraph (1) as expeditiously as practicable. (4) Nonapplicability of limitation.--With respect to any claim under this Act arising out of, or relating to, an injury resulting from the Gold King Mine spill-- (A) the maximum amount limitation on claims described in the proviso of the first sentence of section 2672 of title 28, United States Code, shall be waived; and (B) the Administrator may provide compensation for the claim in an amount greater than $25,000 without prior written approval of the Attorney General (or a designee), as the Administrator determines to be appropriate. (b) Office of Gold King Mine Spill Claims.-- (1) Establishment.--There is established within the Environmental Protection Agency an Office of Gold King Mine Spill Claims. (2) Purpose.--The Office shall receive, process, and pay claims in accordance with this section. (3) Treatment.--The establishment of the Office by this subsection shall not diminish the ability of the Administrator to carry out the responsibilities of the Environmental Protection Agency under any other provision of law. (4) Detailees.--On request of the Administrator, the head of any Federal department or agency may detail, on a reimbursable basis, any personnel of that department or agency to the Office to assist in carrying out the duties under this Act. (c) Allowable Damages.-- (1) Property loss.--A claim that is paid for loss of property under this section may include otherwise-uncompensated damages resulting from the Gold King Mine spill for-- (A) a cost resulting from lost tribal subsistence from hunting, fishing, firewood gathering, timbering, grazing, or agricultural activities, or from lost use for traditional or ceremonial uses, conducted on land or water damaged by the Gold King Mine spill; (B) a cost of reforestation or revegetation on tribal or non-Federal land, to the extent that the cost of reforestation or revegetation is not covered by any other Federal program; (C) any costs borne by any injured person to determine the extent of-- (i) the damages to agricultural land; or (ii) any other damages covered by this Act; (D) any costs borne by an injured person who had to pay for water supplies or equipment to treat water during the period for which a water supply of the injured person was compromised by the Gold King Mine spill; and (E) any other loss that the Administrator determines to be appropriate for inclusion as loss of property. (2) Business loss.--A claim that is paid for an injury under this section may include damages resulting from the Gold King Mine spill for the following types of otherwise uncompensated business loss: (A) Damage to tangible assets or inventory. (B) Business interruption losses. (C) Overhead costs. (D) Employee wages for work not performed. (E) Any other loss that the Administrator determines to be appropriate for inclusion as a business loss. (3) Financial loss.--A claim that is paid for an injury under this section may include damages resulting from the Gold King Mine spill for the following types of otherwise uncompensated financial loss: (A) An insurance deductible. (B) Lost wages or personal income. (C) Emergency staffing expenses. (D) Debris removal and other cleanup costs. (E) Any other loss that the Administrator determines to be appropriate for inclusion as a financial loss. SEC. 5. LONG-TERM WATER QUALITY MONITORING PROGRAM; DESIGNATION AS SUPERFUND SITE. (a) Gold King Mine Spill Response Program.-- (1) In general.--The Administrator shall work with affected States and Indian tribes to develop, fund, and implement a long-term monitoring program for water quality of the Animas and San Juan Rivers in response to the Gold King Mine spill. (2) Requirement.--The program under paragraph (1) shall provide-- (A) full disclosure to the public of applicable water quality and sediment data; and (B) a clear and meaningful comparison between those data and all relevant water quality standards. (b) Sense of Congress.--It is the sense of Congress that the Administrator should-- (1) consult with all local communities along the Animas and San Juan Rivers affected by the Gold King Mine spill, the Navajo Nation, the Southern Ute Indian Tribe, and the States of Colorado and New Mexico to determine whether it is appropriate to seek a designation for the Upper Animas River watershed on the National Priorities List under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and (2) prioritize the construction of a water treatment plant in the Upper Animas River basin to significantly reduce the ongoing heavy metal discharge into the Animas River from Cement Creek. SEC. 6. AMENDMENT TO CERCLA. Title I of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding at the end the following: ``SEC. 129. MINING-RELATED PROVISIONS. ``(a) Assessments.--The Administrator, the Secretary of Agriculture, and the Secretary of the Interior, in coordination with the Governors of affected States, the heads of appropriate research universities, and the heads of other relevant Federal departments and agencies, shall-- ``(1) not later than 180 days after the date of enactment of this section, review known, existing abandoned and inactive mines-- ``(A) to identify the most dangerous abandoned and inactive mines on public land and private land with respect to the existence of pollution and the potential to release any hazardous substance or other pollutant, particularly with respect to contamination of water; and ``(B) to establish a priority plan for activities for removal and remediation of the hazardous substances and other pollutants; ``(2) periodically thereafter, as appropriate, update the priority plan established under paragraph (1)(B) as new information becomes available; and ``(3) develop a long-term research initiative to evaluate the physical, chemical, and geological attributes of closed, abandoned, and inactive mines and pursue technological developments to aid in the cleanup of such mines. ``(b) Actions Prior to Certain Activities.--Before conducting any activity at a mine that presents the significant potential for accidental discharge of a hazardous substance or other pollutant, the Administrator or the head of any other Federal department or agency carrying out an activity for mine remediation shall-- ``(1) provide to each tribal, State, and local unit of government the resources or residents of which may be affected by such a discharge notice regarding the activity; and ``(2) develop a spill prevention, control, and countermeasures plan to avoid and mitigate the impacts of such a discharge.''. SEC. 7. EFFECT OF ACT. Nothing in this Act (or an amendment made by this Act) provides for compensation of any injured person pursuant to this Act (or an amendment made by this Act) from the Hazardous Substances Superfund established by section 9507(a) of the Internal Revenue Code of 1986.

Summary: Gold King Mine Spill Recovery Act of 2015 This bill entitles persons to compensation for allowable damages (i.e., property, business, or financial losses) under the Federal Tort Claims Act if they were injured by the spill into Cement Creek from the Gold King Mine near Silverton, Colorado. The spill occurred on August 5, 2015. The bill establishes an Office of Gold King Mine Spill Claims within the Environmental Protection Agency (EPA) to process and pay compensation claims. The EPA must work with affected states and Indian tribes to develop, fund, and implement a long-term monitoring program for water quality of the Animas and San Juan Rivers in response to the spill. The bill amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 by requiring certain agencies to work with affected states as well as research universities to: (1) identify the most dangerous abandoned and inactive mines, (2) establish a priority plan for cleaning up those mines, (3) update the plan as new information becomes available, and (4) develop a long-term research initiative. That initiative must evaluate the physical, chemical, and geological attributes of closed, abandoned, and inactive mines and pursue technological developments to aid in the cleanup of those mines. Prior to carrying out mine remediation activities, agencies must: (1) provide affected tribal, state, and local governments notice of such activities; and (2) develop a spill prevention, control, and countermeasures plan for avoiding and mitigating the impacts of a spill.