SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Tax Rebate Act of 2005''. TITLE I--ENERGY TAX REBATE SEC. 101. ENERGY TAX REBATE. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to rules of special application in the case of abatements, credits, and refunds) is amended by adding at the end the following new section: ``SEC. 6430. ENERGY TAX REBATE. ``(a) General Rule.--Except as otherwise provided in this section, each individual shall be treated as having made a payment against the tax imposed by chapter 1 for the taxable year beginning in 2005 in an amount equal to the lesser of-- ``(1) the amount of the taxpayer's liability for tax for such taxpayer's preceding taxable year, or ``(2) $500. ``(b) Liability for Tax.--For purposes of this section, the liability for tax for any taxable year shall be the excess (if any) of-- ``(1) the sum of-- ``(A) the taxpayer's regular tax liability (within the meaning of section 26(b)) for the taxable year, ``(B) the tax imposed by section 55(a) with respect to such taxpayer for the taxable year, and ``(C) the taxpayer's social security taxes (within the meaning of section 24(d)(2)) for the taxable year, over ``(2) the sum of the credits allowable under part IV of subchapter A of chapter 1 (other than the credits allowable under subpart C thereof, relating to refundable credits) for the taxable year. ``(c) Taxable Income Limitation.-- ``(1) In general.--If the taxable income of the taxpayer for the preceding taxable year exceeds the maximum taxable income in the table under subsection (a), (b), (c), or (d) of section 1, whichever is applicable, to which the 25 percent rate applies, the dollar amount otherwise determined under subsection (a) for such taxpayer shall be reduced (but not below zero) by the amount of the excess. ``(2) Change in return status.--In the case of married individuals filing a joint return for the taxable year who did not file such a joint return for the preceding taxable year, paragraph (1) shall be applied by reference to the taxable income of both such individuals for the preceding taxable year. ``(d) Date Payment Deemed Made.-- ``(1) In general.--The payment provided by this section shall be deemed made on the date of the enactment of the Energy Tax Rebate Act of 2005. ``(2) Remittance of payment.--The Secretary shall remit to each taxpayer the payment described in paragraph (1) not later than the date which is 30 days after the date specified in paragraph (1). ``(e) Certain Persons Not Eligible.--This section shall not apply to-- ``(1) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins, ``(2) any estate or trust, or ``(3) any nonresident alien individual.''. (b) Conforming Amendment.--Section 1324(b)(2) of title 31, United States Code, is amended by inserting before the period ``, or enacted by the Energy Tax Rebate Act of 2005''. (c) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 6430. Energy tax rebate.''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. TITLE II--LOW-INCOME HOME ENERGY ASSISTANCE SEC. 201. SENSE OF THE SENATE REGARDING FULL FUNDING FOR THE LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM. It is the sense of the Senate that Congress should appropriate $5,100,000,000 for fiscal year 2006 and each subsequent fiscal year for the Low-Income Home Energy Assistance Program, under section 2602(b) of the Low-Income Home Energy Assistance Act of 1981. TITLE III--CONSUMER PROTECTIONS SEC. 301. UNFAIR OR DECEPTIVE ACTS OR PRACTICE IN COMMERCE RELATED TO PRICING OF PETROLEUM PRODUCTS. (a) Sales to Consumers at Unconscionable Price.-- (1) In general.--It is unlawful for any person to sell crude oil, gasoline, or petroleum distillates at a price that-- (A) is unconscionably excessive; or (B) indicates the seller is taking unfair advantage of circumstances to increase prices unreasonably. (2) Factors considered.--In determining whether a violation of paragraph (1) has occurred, there shall be taken into account, among other factors, whether-- (A) the amount charge represents a gross disparity between the price fo the crude oil, gasoline, or petroleum distillate sold and the price at which it was offered for sale in the usual course of the seller's business immediately prior to the energy emergency; or (B) the amount charged grossly exceeds the price at which the same or similar crude oil, gasoline, or petroleum distillate was readily obtainable by other purchasers in the area to which the declaration applies. (3) Mitigating factors.--In determining whether a violation of paragraph (1) has occurred, there also shall be taken into account, among other factors, the price that would reasonably equate supply and demand in a competitive and freely functioning market and whether the price at which the crude oil, gasoline, or petroleum distillate was sold reasonably reflects additional costs, not within the control fo the seller, that were paid or incurred by the seller. (b) Prohibition Against Geographic Price-Setting and Territorial Restrictions.-- (1) In general.--Except as provided in paragraph (2), it is unlawful for any person to-- (A) set different prices for gasoline or petroleum distillates for different geographic locations; or (B) implement a territorial restriction with respect to gasoline or petroleum distillates. (2) Exceptions.--A person may set different prices for gasoline or petroleum distillates for different geographic locations or implement territorial restrictions with respect to gasoline or petroleum distillates only if the price differences or restrictions are sufficiently justified by-- (A) differences in the cost of retail space where the gasoline or petroleum distillate is sold; (B) differences in the cost of transportation of gasoline or petroleum distillates from the refinery to the retail location; (C) differences in the cost of storage of gasoline or petroleum distillates at the retail location; or (D) differences in the formulation of the gasoline or petroleum distillates sold. (c) False Pricing Information.--It is unlawful for any person to report information related to the wholesale price of crude oil, gasoline, or petroleum distillates to the Federal Trade Commission if-- (1) that person knew, or reasonably should have known, the information to be false or misleading; (2) the information was required by law to be reported; and (3) the person intended the false or misleading data to affect data compiled by that department or agency for statistical or analytical purpose with respect to the market for crude oil, gasoline, or petroleum distillates. SEC. 302. ENFORCEMENT UNDER FEDERAL TRADE COMMISSION ACT. (a) Enforcement by Commission.--This title shall be enforced by the Federal Trade Commission. In enforcing section 301(a) of this title, the Commission shall give priority to enforcement actions concerning companies with total United States wholesale or retail sales of crude oil, gasoline, and petroleum distillates in excess of $500,000,000 per year but shall not exclude enforcement actions against companies with total United States wholesale sales of $500,000,000 or less per year. (b) Violation Is Unfair or Deceptive Act or Practice.--The violation of any provision of this title shall be treated as an unfair or deceptive act or practice proscribed under a rule issued under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). SEC. 303. ENFORCEMENT BY STATE ATTORNEYS GENERAL. (a) In General.--A State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enforce the provisions of section 301(a), or to impose the civil penalties authorized by section 304 for violations of section 301(a), whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened by such violation. (b) Notice.--The State shall serve written notice to the Commission of any civil action under subsection (a) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such civil action. (c) Authority to Intervene.--Upon receiving the notice required by subsection (b), the Commission may intervene in such civil action and upon intervening-- (1) be heard on all matters arising in such civil action; and (2) file petitions for appeal of a decision in such civil action. (d) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this section shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (e) Venue; Service of Process.--In a civil action brought under subsection (a)-- (1) the venue shall be a judicial district in which-- (A) the defendant operates; (B) the defendant was authorized to do business; or (C) where the defendant in the civil action is found; (2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and (3) a person who participated with the defendant in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. (f) Limitation on State Action While Federal Action Is Pending.--If the Commission has instituted a civil action or an administrative action for violation of this title, no State attorney general, or official or agency of a State, may bring an action under this subsection during the pendency of that action against any defendant named in the complain of the Commission or the other agency for any violation of this title alleged in the complaint. (g) Enforcement of State Law.--Nothing contained in this section shall prohibit an authorized State official from proceeding in state court to enforce a civil or criminal statute of such State. SEC. 304. PENALTIES. (a) Civil Penalty.-- (1) In general.--In addition to any penalty applicable under the Federal Trade Commission Act-- (A) any person who violates section 301(c) of this title is punishable by a civil penalty of not more than $1,000,000; and (B) any person who violates section 301(a) or 301(b) of this title is punishable by a civil penalty of not more than $3,000,000. (2) Method of assessment.--The penalties provided by paragraph (1) shall be assessed in the same manner as civil penalties imposed under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (3) Multiple offenses; mitigating factors.--In assessing the penalty provided by subsection (a)-- (A) each day of a continuing violation shall be considered a separate violation; and (B) the Commission shall take into consideration the seriousness of the violation and the efforts of the person committing the violation to remedy the harm caused by the violation in a timely manner. (b) Criminal Penalty.--Violation of section 301(a) of this title is punishable by a fine of not more than $1,000,000, imprisonment for not more than 5 years, or both. SEC. 305. EFFECT ON OTHER LAWS. (a) Other Authority of Commission.--Nothing in this title shall be construed to limit or affect in any way the Commission's authority to bring enforcement actions or take any other measure under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any other provision of law. (b) State Law.--Nothing in this title preempts any State law. SEC. 306. MARKET TRANSPARENCY FOR CRUDE OIL, GASOLINE, AND PETROLEUM DISTILLATES. (a) In General.--The Federal Trade Commission shall facilitate price transparency in markets for the sale of crude oil and essential petroleum products at wholesale, having due regard for the public interest, the integrity of those markets, fair competition, and the protection of consumers. (b) Marketplace Transparency.-- (1) Dissemination of information.--In carrying out this section, the Commission shall provide by rule for the dissemination, on a timely basis, of information about the availability and prices of wholesale crude oil, gasoline, and petroleum distillates to the Commission, States, wholesale buyers and sellers, and the public. (2) Protection of public from anticompetitive activity.--In determining the information to be made available under this section and time to make the information available, the Commission shall seek to ensure that consumers and competitive markets are protected from the adverse effects of potential collusion or other anticompetitive behaviors that can be facilitated by untimely public disclosure of transaction- specific information. (3) Protection of market mechanisms.--The Commission shall withhold from public disclosure under this section any information the Commission determines would, if disclosed, be detrimental to the operation of an effective market or jeopardize security. (c) Information Sources.-- (1) In general.--In carrying out subsection (b), the Commission may-- (A) obtain information from any market participant; and (B) rely on entities other than the Commission to receive and make public the information, subject to the disclosure rules in subsection (b)(3). (2) Published data.--In carrying out this section, the Commission shall-- (A) consider the degree of price transparency provided by existing price publishers and providers of trade processing services; and (B) rely on such publishers and services to the maximum extent practicable. (3) Electronic information systems.-- (A) In general.--The Commission may establish an electronic information system if the Commission determines that existing price publications are not adequately providing price discovery or market transparency. (B) Electronic information filing requirements.-- Nothing in this section affects any electronic information filing requirements in effect under this title as of the date of enactment of this Act. (4) De minimus exception.--The Commission may not require entities who have a de minimus market presence to comply with the reporting requirements of this section. (d) Cooperation With Other Federal Agencies.-- (1) Memorandum of understanding.--Not later 180 days after the date of enactment of this Act, the Commission shall conclude a memorandum of understanding with the Commodity Futures Trading Commission and other appropriate agencies (if applicable) relating to information sharing, which shall include provisions-- (A) ensuring that information requests to markets within the respective jurisdiction of each agency are properly coordinated to minimize duplicative information requests; and (B) regarding the treatment of proprietary trading information. (2) CFTC jurisdiction.--Nothing in this section limits or affects the exclusive jurisdiction of the Commodity Futures Trading Commission under the Commodity Exchange Act (7 U.S.C. 1 et seq.). (e) Rulemaking.--Not later than 180 days after the date of enactment of this Act, the Commission shall initiate a rulemaking proceeding to establish such rules as the Commission determines to be necessary and appropriate to carry out this section.

Summary: Energy Tax Rebate Act of 2005 - Amends the Internal Revenue Code to provide a formula for an energy tax rebate to eligible individuals for the taxable year beginning in 2005. Expresses the sense of the Senate that Congress should appropriate $5.1 billion for FY2006 and each subsequent fiscal year for the Low-Income Home Energy Assistance Program (LIHEAP) under the Low-Income Home Energy Assistance Act of 1981. Declares it is unlawful for any person to sell crude oil, gasoline, or petroleum distillates at a price that: (1) is unconscionably excessive; or (2) indicates the seller is taking unfair advantage of circumstances to increase prices unreasonably. Prohibits geographic price-setting and territorial restrictions. Empowers the Federal Trade Commission (FTC) and the State Attorneys General to enforce this Act. Sets forth civil and criminal penalties for violations of this Act. Directs the FTC to: (1) facilitate price transparency in markets for the sale of crude oil and essential petroleum products at wholesale; (2) seek to ensure that consumers and competitive markets are protected from the adverse effects of potential collusion or other anticompetitive behaviors that can be facilitated by untimely public disclosure of transaction-specific information; and (3) conclude a memorandum of understanding with the Commodity Futures Trading Commission and other appropriate agencies relating to information sharing.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Earmark Transparency Act of 2010''. SEC. 2. UNIFIED AND SEARCHABLE DATABASE FOR CONGRESSIONALLY DIRECTED SPENDING ITEMS. (a) In General.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``unified and searchable database for congressionally directed spending items ``Sec. 316. (a) Establishment of Database.--Within six months after the date of enactment of this section, the Clerk of the House of Representatives and the Secretary of the Senate shall jointly establish a searchable website, available to the public at no cost, listing all requests by Members of Congress for congressionally directed spending items. ``(b) Content.--The website established under subsection (a) shall be comprised of a database including the following information for each congressionally directed spending item requested by a Member of Congress: ``(1) The fiscal year in which the item would be funded. ``(2) The number of the bill or joint resolution for which the request is made, if available. ``(3) The amount of the initial request made by the Member of Congress. ``(4) The amount approved by the committee of jurisdiction. ``(5) The amount carried in the bill or joint resolution (or accompanying report) as passed by the House, as passed by the Senate, and as transmitted to the President, as applicable. ``(6) The name of the department or agency, and the account or program, through which the item will be funded. ``(7) The name and the State or district of the Member of Congress who made the request. ``(8) The name and address of the intended recipient. ``(9) The type of organization (public, private nonprofit, or private for profit entity) of the intended recipient. ``(10) The project name, description, and estimated completion date. ``(11) A justification of the benefit to taxpayers. ``(12) Whether the request is for a continuing project and if so, when funds were first appropriated for such project. ``(13) A description, if applicable, of all non-Federal sources of funding. ``(14) Its current status in the legislative process, including whether it was carried in any bill or joint resolution (or accompanying report) passed by either House, added in a committee of conference between the Houses (or joint explanatory statement of managers) or in an amendment between the Houses, or included in a bill or joint resolution enacted into law, including any changes in the final dollar amount. ``(c) Accessibility of Data.--The website established under subsection (a) shall allow the public to-- ``(1) search, sort, and download all information in the database in a machine-readable format; ``(2) ascertain through a single search, by individual Member of Congress, the total number and dollar value of congressionally directed spending items requested by that Member and the total number and dollar value of such items contained in bills or joint resolutions as passed by either House or enacted into law by fiscal year; ``(3) search and aggregate data based on any category set forth in subsection (b); and ``(4) access the website from the home page of the website of the Clerk of the House of Representatives and of the Secretary of the Senate. ``(d) Timeliness of Data.--(1) Within 5 calendar days of receipt of a request for a congressionally directed spending item from a Member of Congress, each committee of the House of Representatives and of the Senate shall provide to the Clerk of the House of Representatives or the Secretary of the Senate, as applicable, the initial information regarding that request that is required under this section to be placed on the website established under subsection (a). That committee shall provide up-to-date information to the Clerk or Secretary, as applicable. ``(2) The Clerk of the House of Representatives and the Secretary of the Senate shall post on the website established under subsection (a) the information received under paragraph (1) within 2 calendar days (excluding Saturdays, Sundays, or legal holidays except when the House or Senate is in session on such a day). ``(e) Point of Order.--(1) It shall not be in order to consider any bill or joint resolution, or amendment thereto or conference report thereon unless it meets the requirements of this section. ``(2) Subsections (c)(1) and (d)(2) of section 904 of the Congressional Budget Act of 1974 are each amended by inserting `316, ' after `313, '. ``(f) Definitions.--As used in this section-- ``(1) the term `congressionally directed spending item' means a provision or report language included primarily at the request of a Member of Congress providing, authorizing, or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality, or congressional district, other than through a statutory or administrative formula-driven or competitive award process; and ``(2) the term `Member of Congress' means a Senator in, a Representative in, or a Delegate or Resident Commissioner to, the Congress.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: ``Sec. 316. Unified and searchable database for congressionally directed spending items.''.

Summary: Earmark Transparency Act of 2010 - Amends the Congressional Budget Act of 1974 to require the Clerk of the House of Representatives and the Secretary of the Senate to establish jointly a free public searchable website, listing all requests by Members of Congress for congressionally directed spending items (congressional earmarks). Requires each congressional committee, within five calendar days of receipt of a request for a congressional earmark from a Member of Congress, to provide to the Clerk and the Secretary, as applicable, the initial required information regarding that request that is required to be placed on the website. Makes it out of order to consider any legislation unless it meets the requirements of this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Insurance Disclosure Act of 1997''. SEC. 2. DEFINITIONS. As used in this Act: (1) Insurer.--The term ``insurer'' means any person, reciprocal exchange, interinsurer, Lloyds insurer, fraternal benefit society, or other legal entity engaged in the business of insurance, including agents, brokers, adjusters, and third party administrators. The term also includes health benefit plans, health carriers, and life, disability, and property and casualty insurers. (2) Health benefit plan.--The term ``health benefit plan'' means any public or private entity or program that provides for payments for health care, including-- (A) a group health plan (as defined in section 2791(a)(1) of the Public Health Service Act (42 U.S.C. 300gg-91(a)(1)), section 733(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(a)(1)), or section 5000(b)(1) of the Internal Revenue Code of 1986)); (B) a multiple employer welfare arrangement (as defined in section 3(40) of the Employee Retirement Income Security Act (29 U.S.C. 1002(40))) that provides benefits consisting of medical care (as defined in section 733(a)(2) of such Act (29 U.S.C. 1191b(a)(2))), including items and services paid for as medical care; (C) any other health insurance arrangement, including any arrangement consisting of a hospital or medical expense incurred policy or certificate, hospital or medical service plan contract, or health maintenance organization subscriber contract; (D) workers' compensation or similar insurance to the extent that it relates to workers' compensation medical benefits (as defined in regulations of the Secretary); (E) automobile medical insurance to the extent that it relates to medical benefits (as defined in regulations of the Secretary); and (F) any other insurance providing for enrollees medical benefits (as defined in regulations of the Secretary) in the event of sickness, accident, disability, death, or unemployment. (3) Health carrier.--The term ``health carrier'' means a person that contracts or offers to contract on a risk-assuming basis to provide, deliver, arrange for, pay for, or reimburse any of the cost of health care services, including a sickness and accident insurance company, a health maintenance organization, a nonprofit hospital and health service corporation, or any other entity providing a plan of health insurance, health benefits, or health services. (4) Policy.--The term ``policy'' means a contract of insurance, certificate, indemnity, suretyship, or annuity issued, proposed for issuance, or intended for issuance by an insurer, including endorsements or riders to an insurance policy or contract. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. ACCESS BY EXAMINED INDIVIDUAL TO RESULTS OF MEDICAL EXAMINATIONS. An insurer shall take such actions as are necessary to ensure that, in any case in which-- (1) a medical examination of an individual is required for initial or continued enrollment under a policy issued by the insurer, and (2) such medical examination is conducted by a person who is in the employ of the insurer or whose services are procured otherwise by the insurer, such individual (or the individual's legal guardian) is provided all medical information obtained from such examination at the same time that such information is made available to the insurer and is encouraged to make such information available to such individual's own physician. SEC. 4. ENFORCEMENT. (a) Applicability of Certain Public Health Service Act Provisions.-- (1) In general.--For purposes of sections 2722 and 2723 of the Public Health Service Act (42 U.S.C. 300gg-22, 300gg-23), the provisions of section 3 shall be deemed provisions of part A of title XXVII of such Act. For purposes of sections 2761 and 2762 of such Act (42 U.S.C. 300gg-45, 300gg-46), the provisions of section 3 shall be deemed provisions of part B of such title XXVII. (2) Rules of construction.--In applying such sections 2722, 2723, 2761 and 2762, and section 2791(d) of such Act (42 U.S.C. 300gg-91(d)) pursuant to paragraph (1)-- (A) any reference to a ``health insurance issuer'' shall be deemed a reference to an insurer (as defined in section 2(1))); (B) any reference to ``health insurance coverage'' (including any such coverage offered in connection with a group health plan) shall be deemed a reference to a policy (as defined in section 2(4)); (C) any reference to a ``group health plan'' shall be deemed a reference to a group insurance plan (as defined in section 111(b)(1) of the Employee Retirement Income Security Act of 1974, and subject to the same rules as apply with respect to group health plans under section 2721(a) of the Public Health Service Act (42 U.S.C. 300gg-21(a))); and (D) any reference to part A or part B of title XXVII of such Act shall be deemed a reference to sections 2 through 6 of this Act. (b) Private Cause of Action.-- (1) In general.--An individual who believes that he or she has been adversely affected by an act or practice of an insurer in violation of section 3 may maintain an action against the insurer in a Federal or State court of original jurisdiction. Upon proof of such conduct by a preponderance of the evidence, the court may award appropriate relief, including temporary, preliminary, and permanent injunctive relief and compensatory and punitive damages, as well as the costs of suit and reasonable fees for the aggrieved individual's attorneys and expert witnesses. With respect to compensatory damages, the aggrieved individual may elect, at any time prior to the rendering of final judgment, to recover in lieu of actual damages, an award of statutory damages in the amount of $10,000 for each violation. It shall be the duty of the Federal courts to advance on the docket and to expedite to the greatest possible extent the disposition of any action for temporary or preliminary injunctive relief considered under this paragraph. (2) Additional provisions relating to jurisdiction, venue, attorney's fees, etc.-- (A) In general.--Subject to subparagraph (B), subsections (d), (e), (f), (g), (h), and (j) of section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132(d), (e), (f), (g), (h), and (j)) shall apply with respect to a cause of action under paragraph (1) in the same manner and to the same extent as such subsections apply with respect to a cause of action under section 502(a)(1)(B) of such Act (29 U.S.C. 1132(a)(1)(B)). (B) Rules of construction.--In applying such subsections pursuant to subparagraph (A)-- (i) any reference to a ``participant'' or ``beneficiary'' shall be deemed a reference to the aggrieved individual referred to in paragraph (1); (ii) any reference to an ``employee benefit plan'' shall be deemed a reference to an insurer (as defined in section (2)(A)); (iii) any reference to the Secretary of Labor or the Secretary of the Treasury shall be deemed a reference to the Secretary of Health and Human Services; and (iv) any reference to title I of such Act shall be deemed a reference to sections 2 through 6 of this Act. SEC. 5. EFFECT ON STATE LAW. (a) In General.--Section 3 supersedes any provision of State law which is inconsistent with any provision of such section, in terms of providing less protection to individuals than is provided by such section, but only to the extent of such inconsistency. Nothing in section 3 shall be construed to-- (1) alter or relieve any insurer from the obligation to comply with any State law with respect to insurers, policies, and health benefit plans, except to the extent that such law is inconsistent with any provision of section 3, or (2) preclude a State from enacting any law or regulation that affords a greater level or broader range of protections to individuals under policies or health benefit plans. (b) Definitions.--For purposes of this section, the terms ``State'' and ``State law'' have the meanings provided such terms under section 514(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(c)). SEC. 6. REGULATIONS. The Secretary (in consultation with the Secretary of Labor) shall prescribe regulations to carry out the provisions of sections 2 through 5. SEC. 7. ERISA REQUIREMENTS FOR DISCLOSURE BY GROUP INSURANCE PLANS TO PARTICIPANTS AND BENEFICIARIES OF THEIR MEDICAL CONDITION LEARNED IN THE COURSE OF MEDICAL EXAMINATIONS REQUIRED FOR COVERAGE UNDER SUCH PLANS. (a) In General.--Part 1 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended-- (1) by redesignating section 111 (29 U.S.C. 1031) as section 112; and (2) by inserting after section 110 (29 U.S.C. 1030) the following new section: ``disclosure to participants and beneficiaries of results of medical examinations conducted by group insurance plans ``Sec. 111. (a) In General.--A group insurance plan, and any insurer offering a policy in connection with such plan, shall take such actions as are necessary to ensure that, in any case in which-- ``(1) a medical examination of a participant or beneficiary is required for initial or continued eligibility for benefits, and ``(2) such medical examination is conducted by a person who is in the employ of the plan or the insurer or whose services are procured otherwise by the plan or the insurer, such participant or beneficiary (or his or her legal guardian) is provided all medical information obtained from such examination at the same time that such information is made available to the plan or insurer and is encouraged to make such information available to his or her own physician. ``(b) Definitions.--For purposes of this section-- ``(1) Group insurance plan.--The term `group insurance plan' means an employee welfare benefit plan established and maintained for the purpose of providing for its participants or their beneficiaries, through the purchase of insurance or otherwise, medical, surgical, or hospital care or benefits, or benefits in the event of sickness, accident, disability, death, or unemployment. ``(2) Policy.--The term ``policy'' means a contract of insurance, certificate, indemnity, suretyship, or annuity, including endorsements or riders to an insurance policy or contract. ``(c) Effect on State Law.--This section supersedes any provision of State law which is inconsistent with any provision of this section, in terms of providing less protection to participants and beneficiaries than is provided by this section, but only to the extent of such inconsistency. Nothing in this section shall be construed to-- ``(1) alter or relieve any plan administrator from the obligation to comply with the laws of any State with respect to group insurance plans, except to the extent that such laws are inconsistent with any provision of this section, or ``(2) preclude a State from enacting any law or regulation that affords a greater level or broader range of protections to participants and beneficiaries under group insurance plans. ``(d) Expedited Consideration.--It shall be the duty of the Federal courts to advance on the docket and to expedite to the greatest possible extent the disposition of any action under section 502 for temporary or preliminary injunctive relief from violations of this section. ``(e) Regulations.--The Secretary (in consultation with the Secretary of Health and Human Services) shall prescribe regulations to carry out the provisions of this section.''. (b) Penalties at $100 a Day for Failure to Disclose.--Section 502(c)(1)(A) of such Act (29 U.S.C. 1132(c)(1)(A)) is amended by striking ``or section 101(e)(1)'' and inserting ``, section 101(e)(1), or section 111(a)''. (c) Conforming Amendment.--The table of contents in section 1 is amended by striking the item relating to section 111 and inserting the following new items: ``Sec. 111. Disclosure to participants and beneficiaries of results of medical examinations conducted by group insurance plans. ``Sec. 112. Repeal and effective date.''. SEC. 8. EFFECTIVE DATE. Sections 2, 3, 4, 5, and 6 shall apply with respect to any action taken on or after the date of the enactment of this Act. The amendments made by section 7 shall apply with respect to plan years beginning on or after such date.

Summary: Insurance Disclosure Act of 1997 - Requires insurers, if a medical exam (procured by the insurer) is required for initial or continued enrollment, to: (1) provide the individual involved with all medical information obtained from the exam; and (2) encourage the individual to make the information available to the individual's physician. Deems the above requirements to be provisions of the Public Health Service Act for purposes of provisions relating to enforcement, preemption, State flexibility, and construction. Provides for a private cause of action, including applying certain civil enforcement provisions of the Employee Retirement Income Security Act of 1974 (ERISA). Supersedes any State law providing less protection to individuals. (Sec. 7) Amends ERISA to require a group insurance plan, and any insurer offering a policy in connection with such plan, if a medical exam (procured by the insurer) is required for initial or continued eligibility for benefits, to: (1) provide the individual involved with all medical information obtained from the exam; and (2) encourage the individual to make the information available to the individual's physician. Supersedes any State law providing less protection to individuals. Makes an administrator who fails or refuses to comply liable to the individual for up to $100 per day. Allows other relief.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Deficit Reduction Check-Off Act''. SEC. 2. DESIGNATION OF INCOME TAX PAYMENTS TO REDUCE THE DEFICIT. (a) Designation.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to returns and records) is amended by adding at the end the following new part: ``PART IX--DESIGNATION ON INCOME TAX RETURNS FOR REDUCTION OF DEFICIT ``Sec. 6097. Designation for reduction of the deficit. ``SEC. 6097. DESIGNATION FOR REDUCTION OF THE DEFICIT. ``(a) In General.--Every individual, regardless of income tax liability for the taxable year, may designate that an amount (not less than $1 and not more than $10) shall be paid over for the purpose of reducing the deficit of the United States. In the case of a joint return of husband and wife, each spouse may so designate an amount. ``(b) Income Tax Liability.--For purposes of subsection (a), the income tax liability of an individual for any taxable year is the amount of the tax imposed by chapter 1 on such individual for such taxable year (as shown on his return), reduced by the sum of the credits (as shown in his return) allowable under part IV of subchapter A of chapter 1 (other than subpart C thereof). ``(c) Manner and Time of Designation.--Rules similar to the rules of section 6096(c) shall apply for purposes of this section, except that the designation shall be accompanied by the following statement: `The Federal budget will be reduced by an amount equal to ten times the amount you elect in the box.'. ``(d) Amount Increase.--In the case of each taxable year beginning after 2011, the maximum dollar amount that may be designated under subsection (a) shall be increased by $1. In the case of a joint return of husband and wife, such amount shall increase by $2 each taxable year.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Part IX--Designation of Income Tax Payments To Reduce the Deficit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010. SEC. 3. TAXPAYER-GENERATED SEQUESTRATION OF FEDERAL SPENDING TO REDUCE THE DEFICIT. (a) Sequestration To Reduce Deficit.--Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after section 253 the following new section: ``SEC. 253A. SEQUESTRATION TO REDUCE THE DEFICIT. ``(a) Sequestration.-- ``(1) Timing.--Within 15 calendar days after the date Congress adjourns to end a session, and on the same day as sequestration (if any) under sections 251, 252, and 253, but after any sequestration required by those sections, there shall be a sequestration to eliminate the deficit equivalent to the amount calculated under paragraph (2). ``(2) Calculation.-- ``(A) OMB calculation.--Before October 1st of each calendar year, OMB shall calculate the total amount designated under section 6097 of the Internal Revenue Code of 1986. ``(B) Federal spending reduction.--In accordance with the deadline under paragraph (1), OMB shall apply an across the board reduction in Federal spending in an amount equal to the product of-- ``(i) the amount calculated under subparagraph (A); and ``(ii) 10. ``(3) Carryover.--Any amounts not calculated by OMB by the October 1st deadline, as set forth in subparagraph (2)(A), shall be applied to the following fiscal year Federal spending reduction pursuant to this section. ``(b) Applicability.-- ``(1) In general.--Except as provided by paragraph (2), each account of the United States shall be reduced by a dollar amount calculated by multiplying the level of budgetary resources in that account at that time by the uniform percentage necessary to carry out subsection (a). All obligational authority so reduced shall be done in a manner that makes such reductions permanent. ``(2) Exempt accounts.--The following programs shall be exempt from reduction under any order issued under this section: ``(A) Benefits payable under the old-age, survivors, and disability insurance program established under title II of the Social Security Act. ``(B) Benefits payable under section 3(a), 3(f)(3), 4(a), or 4(f) of the Railroad Retirement Act of 1974. ``(C) Benefits payable under title 18 of the Social Security Act. ``(D) The rate of pay of any judge or justice appointed pursuant to article III of the Constitution of the United States. ``(E) Veteran's benefits listed under sections 905(b) and 905(f) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(b), 905(f)). ``(c) Effective Date.--This section shall apply to calender years beginning after December 31, 2010.''. (b) Reports.--Section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in subsection (a), by adding at the end of the table the following new item: ``October 1......................... OMB report estimating amount of income tax designated pursuant to section 6097 of the Internal Revenue Code of 1986.''. (2) in subsection (c)(1), by inserting ``, and sequestration to reduce the deficit,'' after ``sequestration''; (3) in subsection (c), by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Reports on sequestration to reduce the deficit.--The preview reports shall set forth for the budget year estimates for each of the following: ``(A) The aggregate amount designated under section 6097 of the Internal Revenue Code of 1986 for the last calendar year ending before the budget year. ``(B) The amount of reductions required under section 253A and the deficit remaining after those reductions have been made. ``(C) The sequestration percentage necessary to achieve the required reduction in accounts under section 253A(a).''; and (4) in subsection (f), by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively, and by inserting after paragraph (3) the following new paragraph: ``(4) Reports on sequestration to reduce the deficit.--The final reports shall contain all of the information contained in the deficit taxation designation report required on October 1.''. (c) Effective Date.--Notwithstanding section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, the expiration date set forth in that section shall not apply to the amendments made by this Act. On the date specified in section 253A of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended by this section, the President shall issue an order fully implementing the sequestration required by section 253A of such Act, as amended by this section. This order shall be effective on issuance.

Summary: Deficit Reduction Check-Off Act - Amends the Internal Revenue Code to allow individual taxpayers to designate on their tax returns an amount (initially between $1 and $10, with annual increases of $1 for each taxable year after 2011) for reducing the federal deficit. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to require a sequestration to reduce the federal deficit within 15 days after Congress adjourns to end a session by directing the Office of Management and Budget (OMB) to apply an across-the-board reduction in federal spending equal to 10 times the amount raised by the voluntary tax checkoff under this Act. Exempts from such spending reduction social security and railroad retirement benefits, Medicare benefits, judicial salaries, and veterans benefits.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Children's Island Act of 1995''. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) The term ``plat'' means the plat filed in the Office of the Surveyor of the District of Columbia under S.O. 92-252. (2) The term ``District'' means the District of Columbia. (3) The term ``Islands'' means Heritage Island and all of that portion of Kingman Island located south of Benning Road and within the District of Columbia and the Anacostia River, being a portion of United States Reservation 343, Section F, as specified and legally described on the Survey. (4) The term ``National Children's Island'' means a cultural, educational, and family-oriented recreation park, together with a children's playground, to be developed and operated in accordance with the Children's Island Development Plan Act of 1993, D.C. Act 10-110. (5) The term ``playground'' means the children's playground that is part of National Children's Island and includes all lands on the Islands located south of East Capitol Street. (6) The term ``recreation park'' means the cultural, educational, and family-oriented recreation park that is part of National Children's Island. (7) The term ``Secretary'' means the Secretary of the Interior. (8) The term ``Survey'' means the ALTA/ACSM Land Title Survey prepared by Dewberry & Davis and dated February 12, 1994. SEC. 3. PROPERTY TRANSFER. (a) Transfer of Title.--In order to facilitate the construction, development, and operation of National Children's Island, the Secretary shall, not later than six months after the date of enactment of this Act and subject to this Act, transfer by quitclaim deed, without consideration, to the District all right, title, and interest of the United States in and to the Islands. Unbudgeted actual costs incurred by the Secretary for such transfer shall be borne by the District. The District may seek reimbursement from any third party for such costs. (b) Grant of Easements.--(1) The Secretary shall, not later than six months after the date of enactment of this Act, grant, without consideration, to the District, permanent easements across the waterways and bed of the Anacostia River as described in the Survey as Leased Riverbed Areas A, B, C, and D, and across the shoreline of the Anacostia River as depicted on the plat map recorded in the Office of the Surveyor of the District as S.O. 92-252. (2) Easements granted under paragraph (1) shall run with the land and shall be for the purposes of-- (A) constructing, reconstructing, maintaining, operating, and otherwise using only such bridges, roads, and other improvements as are necessary or desirable for vehicular and pedestrian egress and ingress to and from the Islands and which satisfy the District Building Code and applicable safety requirements; (B) installing, reinstalling, maintaining, and operating utility transmission corridors, including (but not limited to) all necessary electricity, water, sewer, gas, necessary or desirable for the construction, reconstruction, maintenance, and operation of the Islands and any and all improvements located thereon from time to time; and (C) constructing, reconstructing, maintaining, operating, and otherwise providing necessary informational kiosk, ticketing booth, and security for the Islands. (3) Easements granted under paragraph (1) shall be assignable by the District to any lessee, sublessee, or operator, or any combination thereof, of the Islands. (c) Development.--The development of National Children's Island shall proceed as specified in paragraph 3 of the legend on the plat or as otherwise authorized by the District by agreement, lease, resolution, appropriate executive action, or otherwise. (d) Reversion.--(1) The transfer under subsection (a) and the grant of easements under subsection (b) shall be subject to the condition that the Islands only be used for the purposes of National Children's Island. Title in the property transferred under subsection (a) and the easements granted under subsection (b), shall revert to the United States 60 days after the date on which the Secretary provides written notice of the reversion to the District based on the Secretary's determination, which shall be made in accordance with chapter 5 of title 5, United States Code (relating to administrative procedures), that one of the following has occurred: (A) Failure to commence improvements in the recreational park within the earlier of-- (i) three years after building permits are obtained for construction of such improvements; or (ii) four years after title has been transferred, as provided in subsection (a). (B) Failure to commence operation of the recreation park within the earlier of-- (i) five years after building permits are obtained for construction of such improvements; or (ii) seven years after title has been transferred, as provided in subsection (a). (C) After completion of construction and commencement of operation, the abandonment or non-use of the recreation park for a period of two years. (D) After completion of construction and commencement of operation, conversion of the Islands to a use other than that specified in this Act or conversion to a parking use not in accordance with section 4(b). (2) The periods referred to in paragraph (1) shall be extended during the pendency of any lawsuit which seeks to enjoin the development or operation of National Children's Island or the administrative process leading to such development or operation. (3) Following any reconveyance or reversion to the National Park Service, any and all claims and judgments arising during the period the District holds title to the Islands, the playground, and premises shall remain the responsibility of the District, and such reconveyance or reversion shall extinguish any and all leases, rights or privileges to the Islands and the playground granted by the District. (4) The District shall require any nongovernmental entity authorized to construct, develop, and operate National Children's Island to establish an escrow fund, post a surety bond, provide a letter of credit or otherwise provide such security for the benefit of the National Park Service, substantially equivalent to that specified in paragraph 11 of the legend on the plat, to serve as the sole source of funding for restoration of the recreation park to a condition suitable for National Park Service purposes (namely, the removal of all buildings and grading, seeding and landscaping of the recreation park) upon reversion of the property. If, on the date which is two years from the date of reversion of the property, the National Park Service has not commenced restoration or is not diligently proceeding with such restoration, any amount in the escrow fund shall be distributed to such nongovernmental entity. SEC. 4. PROVISIONS RELATING TO LANDS TRANSFERRED AND EASEMENTS GRANTED. (a) Playground.--Operation of the recreation park may only commence simultaneously with or subsequent to improvement and opening of a children's playground at National Children's Island that is available to the public free of charge. The playground shall only include those improvements traditionally or ordinarily included in a publicly maintained children's playground. Operation of the recreation park is at all times dependent on the continued maintenance of the children's playground. (b) Public Parking.--Public parking on the Islands is prohibited, except for handicapped parking, emergency and government vehicles, and parking related to constructing, and servicing National Children's Island. (c) Required Approvals.--Before construction commences, the final design plans for the recreation park and playground, and all related structures, including bridges and roads, are subject to the review and approval of the National Capital Planning Commission and of the District of Columbia in accordance with the Children's Island Development Plan Act of 1993 (D.C. Act 10-110). The District of Columbia shall carry out its review of this project in full compliance with all applicable provisions of the National Environmental Policy Act of 1969. SEC. 5. EFFECT OF PROPERTY TRANSFER. (a) Effect of Property Transfer.--Upon the transfer of the Islands to the District pursuant to this Act: (1) The Transfer of Jurisdiction concerning the Islands from the National Park Service to the District dated February 1993, as set out on the plat map recorded in the Office of the Surveyor of the District as S.O. 92-252 and as approved by the Council of the District by Resolution 10-91, shall become null and void and of no further force and effect, except for the references in this Act to paragraphs 3 and 11 of the legend on the plat. (2) The Islands shall no longer be considered to be part of Anacostia Park and shall not be considered to be within the park system of the District; therefore, the provisions of section 2 of the Act entitled ``An Act to vest in the Commissioners of the District of Columbia control of street parking in said District'', approved July 1, 1898 (ch. 543, 30 Stat. 570; D.C. Code 8-104), shall not apply to the Islands, and the District shall have exclusive charge and control over the Islands and easements transferred. (3) The Islands shall cease to be a reservation, park, or public grounds of the United States for the purposes of the Act of August 24, 1912 (ch. 355, 37 Stat. 444; 40 U.S.C. 68; 8-128 D.C. Code). (b) Use of Certain Lands for Parking and Other Purposes.-- Notwithstanding any other provision of law, the District is hereby authorized to grant via appropriate instrument to a nongovernmental individual or entity any and all of its rights to use the lands currently being leased by the United States to the District pursuant to the District of Columbia Stadium Act of 1957 (Public Law 85-300, September 7, 1957, 71 Stat. 619) for parking facilities (and necessary informational kiosk, ticketing booth, and security) as the Mayor of the District in his discretion may determine necessary or appropriate in connection with or in support of National Children's Island. SEC. 6. SAVINGS PROVISIONS. No provision of this Act shall be construed-- (1) as an express or implied endorsement or approval by the Congress of any such construction, development, or operation of National Children's Island; (2) except as provided in section 5, to exempt the recreational park and playground from the laws of the United States or the District, including laws relating to the environment, health, and safety; or (3) to prevent additional conditions on the National Children's Island development or operation to mitigate adverse impacts on adjacent residential neighborhoods and park lands and the Anacostia River. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: National Children's Island Act of 1995 - Requires the Secretary of the Interior: (1) in order to facilitate construction, development, and operation of National Children's Island, to transfer to the District of Columbia Heritage Island and all of that portion of the Kingman Island located south of Benning Road and within the District and the Anacostia River; and (2) to grant to the District permanent easements to such property for use by the District for roads and bridges (which satisfy the District Building Code and applicable safety requirements), utility transmission corridors, and an informational kiosk, a ticketing booth, and security for the Islands. Allows the District to assign the easements to any operator of the Islands. Requires unbudgeted actual costs incurred by the Secretary for the transfer to be borne by the District. Authorizes the District to seek reimbursement from any third party for such costs. Requires the development of National Children's Island (consisting of a recreation park and a children's playground) to proceed as authorized. Subjects the transfer and easements to the condition that the Islands be used only for the purposes of the National Children's Island and provides for reversion to the United States if improvements and operations are not commenced within specified periods, if the recreation area is abandoned or not used for a specified period, or if the Islands are converted to another use. Requires the District to direct any nongovernmental entity authorized to construct, develop, and operate National Children's Island to establish an escrow fund, post a surety bond, provide a letter of credit, or otherwise provide such security for the benefit of the Service to serve as the sole source of funding for restoration of the park to a condition suitable for Service purposes upon reversion of the property. Requires any amount in the escrow fund to be distributed to such entity if, after two years from the date of reversion of the property, the Service has not commenced, or is not diligently proceeding with, such restoration. (Sec. 4) Provides that operation of the park may only commence simultaneously with or subsequent to improvement and opening of a children's playground at the National Children's Island that is available to the public free of charge. Prohibits public parking on the Islands except for handicapped parking, emergency and governmental vehicles, and parking related to constructing and servicing the National Children's Island. Subjects the final design plans for the park and playground to the review and approval of the National Capital Planning Commission and the District. Provides that: (1) the transfer of jurisdiction concerning the Islands from the National Park Service to the District as approved by the Council of the District shall become null and void and of no further force and effect; (2) the Islands shall no longer be considered to be part of Anacostia Park or to be within the District's park system; and (3) the District shall have exclusive charge and control over the Islands and easements. Authorizes the District to grant to a nongovernmental individual or entity a right to use the lands currently being leased by the United States to the District pursuant to the District of Columbia Stadium Act of 1957 for parking facilities (and necessary informational kiosk, ticketing booth, and security) as the Mayor of the District may determine necessary or appropriate in connection with or in support of National Children's Island.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Uphold Our Promise to Veterans Act''. SEC. 2. REPEAL OF ANNUAL ADJUSTMENT OF RETIRED PAY AND RETAINER PAY AMOUNTS FOR RETIRED MEMBERS OF THE ARMED FORCES UNDER AGE 62. Section 403 of the Bipartisan Budget Act of 2013 is hereby repealed. SEC. 3. LIMITATIONS ON FOREIGN ASSISTANCE. (a) Foreign Assistance to the Government of Egypt.-- (1) Restrictions on assistance under section 7008.--In accordance with section 7008 of the Department of State, Foreign Operations, and Related Programs Act, 2012 (division I of Public Law 112-74; 125 Stat. 1195), the United States Government, including the Department of State, shall refrain from providing to the Government of Egypt the assistance restricted under such section. (2) Additional restrictions.--In addition to the restrictions referred to in paragraph (1), the following restrictions shall be in effect with respect to United States assistance to the Government of Egypt: (A) Deliveries of defense articles currently slated for transfer to Egyptian Ministry of Defense (MOD) and Ministry of Interior (MOI) shall be suspended until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power. (B) Provision of defense services to Egyptian MOD and MOI shall be halted immediately until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power. (C) Processing of draft Letters of Offer and Acceptance (LOAs) for future arms sales to Egyptian MOD and MOI entities shall be halted until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power. (D) All costs associated with the delays in deliveries and provision of services required under subparagraphs (A) through (C) shall be borne by the Government of Egypt. (b) Other Limitations on Foreign Assistance.-- (1) Prohibition.--No amounts may be obligated or expended to provide any direct United States assistance, loan guarantee, or debt relief to a Government described under paragraph (2). (2) Covered governments.--The Governments referred to in paragraph (1) are as follows: (A) The Government of Libya. (B) The Government of Pakistan. (C) The Government of a host country of a United States diplomatic facility on the list submitted to Congress pursuant to paragraph (3). (3) Determination by secretary.--The Secretary of State shall submit to Congress a list of all United States diplomatic facilities attacked, trespassed upon, breached, or attempted to be attacked, trespassed upon, or breached on or after September 1, 2012, not later than 5 days after the date of enactment of this Act and not later than 5 days after any subsequent attack, trespass, breach, or attempt. (4) Certification.--Beginning 90 days after the date of the enactment of this Act, the President may certify to Congress that-- (A) a Government described under paragraph (2)-- (i) is cooperating or has cooperated fully with investigations into an attack, trespass, breach, or attempted attack, trespass, or breach; (ii) has arrested or facilitated the arrest of, and if requested has permitted extradition of, all identifiable persons in such country associated with organizing, planning, or participating in the attack, trespass, breach, or attempted attack, trespass, or breach; (iii) is facilitating or has facilitated any security improvements at United States diplomatic facilities, as requested by the United States Government; and (iv) is taking or has taken sufficient steps to strengthen and improve reliability of local security in order to prevent any future attack, trespass, or breach; and (B) all identifiable persons associated with organizing, planning, or participating in the attack, trespass, breach, or attempted attack, trespass, or breach-- (i) have been identified by the Federal Bureau of Investigation, the Bureau of Diplomatic Security, or other United States law enforcement entity; and (ii) are in United States custody. (5) Request to suspend prohibition on foreign assistance.-- Upon submitting a certification under paragraph (4) with respect to a Government described under paragraph (2), the President may submit a request to Congress to suspend the prohibition on foreign assistance to the Government. (c) Effective Date.--This section takes effect on the date of the enactment of this Act and applies with respect to funds made available to any Federal department or agency beginning with fiscal year 2015. SEC. 4. AUTHORIZATION TO SELL LAND. (a) Authorization.--For each of fiscal years 2014 through 2024 or when the authority under this section is terminated in accordance with subsection (d), whichever occurs first, subject to valid existing rights, the Secretary of the Interior or the Secretary of Agriculture, as the case may be, shall offer for competitive sale by auction all right, title, and interest, to the extent provided in subsection (b)(2), in and to the following: (1) Eight percent of the Federal land managed by the Bureau of Land Management. (2) Eight percent of the National Forest System land. (b) Terms and Conditions.-- (1) Configuration of land.--The Secretary concerned shall configure the land to be sold to maximize marketability or achieve management objectives, and may prescribe such terms and conditions on the land sales authorized by this Act as the Secretary deems in the public interest. (2) Mineral rights.--For each fiscal year, the Secretary concerned may include in the sale of land under subsection (a) the mineral rights to such land for not more than 50 percent of the total acreage sold under subsection (a) by that Secretary, if the Secretary determines that such inclusion is likely to maximize marketability. (c) Proceeds From the Sale of Land.--All proceeds from the sale of land under this section shall be deposited into the Treasury and applied-- (1) to reduce the annual Federal budget deficit for the fiscal year in which the sums are received, except as provided in paragraph (2); and (2) if there is no annual Federal budget deficit for the fiscal year in which the sums are received, to reduce the outstanding Federal debt. (d) Termination of Authority.--The authority under this section shall terminate when the proceeds deposited into the Treasury under subsection (c) equal $3,500,000 or at the end of fiscal year 2024, whichever occurs first.

Summary: Uphold Our Promise to Veterans Act - Repeals the provision of the Bipartisan Budget Act of 2013 that reduces the cost-of-living adjustment to the retirement pay of members of the Armed Forces under age 62. Suspends delivery of defense articles and services to the Government of Egypt until democratic elections and a peaceful transfer of power have taken place. Prohibits assistance to the Governments of Libya and Pakistan and to any country where a U.S. diplomatic facility has been attacked until the President certifies to Congress that such country has cooperated with investigations into such attack and have taken steps to prevent any future attack. Authorizes the sale of 8% of federal land managed by the Bureau of Land Management (BLM) and 8% of National Forest System land.  Requires proceeds from the sale of such land to be used to reduce the annual federal budget deficit or the outstanding national debt. Terminates the authority for the sale of such lands when sales proceeds equal $3.5 million or at the end of FY2024, whichever occurs first.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Winter Readiness Act of 2005''. SEC. 2. TEMPORARY EXPENSING OF OIL AND NATURAL GAS EXPLORATION AND PRODUCTION PROPERTY AND OF COSTS TO REPAIR DAMAGES TO SUCH PROPERTY FROM 2005 HURRICANES. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 179D the following new section: ``SEC. 179E. TEMPORARY EXPENSING OF OIL AND NATURAL GAS EXPLORATION AND PRODUCTION PROPERTY AND OF COSTS TO REPAIR DAMAGES TO SUCH PROPERTY FROM 2005 HURRICANES. ``(a) Treatment as Expenses.--At the election of the taxpayer, there shall be allowed as a deduction an amount equal to the cost paid or incurred by the taxpayer during the taxable year-- ``(1) for qualified oil and gas production property, and ``(2) for repairs to property described in subsection (b)(1)(B) on account of hurricane-related damage arising from any Presidentially declared disaster (as defined in section 1033(h)(3)(A)) during 2005. The deduction under paragraph (1) with respect to any property shall be allowed for the taxable year in which such property is placed in service. ``(b) Qualified Oil and Gas Production Property.--For purposes of this section-- ``(1) In general.--The term `qualified oil and gas production property' means any property-- ``(A) the original use of which begins with the taxpayer, and ``(B) which is described in any of the following assets classes under Revenue Procedure 87-56: ``(i) 13.0 (relating to assets used in offshore drilling for oil and gas). ``(ii) 13.1 (relating to drilling of oil and gas wells). ``(iii) 13.2 (relating to exploration for and production of petroleum and natural gas deposits). ``(2) Application of section.--This section shall apply to any property only if-- ``(A)(i) no written binding contract for the construction of such property was in effect on or before [date of introduction], or ``(ii) in the case of self-constructed property, the construction of such property did not commence on or before such date, and ``(B) such property is placed in service before January 1, 2009. ``(3) Special rule for sale-leasebacks.--For purposes of paragraph (1)(A), if property is-- ``(A) originally placed in service after the date of the enactment of this section by a person, and ``(B) sold and leased back by such person within 3 months after the date such property was originally placed in service, such property shall be treated as originally placed in service not earlier than the date on which such property is used under the leaseback referred to in subparagraph (B). ``(c) Basis Reduction.-- ``(1) In general.--For purposes of this title, the basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a). ``(2) Ordinary income recapture.--For purposes of section 1245, the amount of the deduction allowable under subsection (a) with respect to any property which is of a character subject to the allowance for depreciation shall be treated as a deduction allowed for depreciation under section 167. ``(d) Election.-- ``(1) In general.--An election under this section for any taxable year shall be made on the taxpayer's return of the tax imposed by this chapter for the taxable year. ``(2) Election irrevocable.--Any election made under this section may not be revoked except with the consent of the Secretary. ``(e) Election to Allocate Deduction to Cooperative Owner.--A rule similar to the rule of section 179C(g) shall apply for purposes of this section.''. (b) Conforming Amendments.-- (1) Section 263(a)(1) of such Code is amended by striking ``or'' at the end of subparagraph (J), by striking the period at the end of subparagraph (K) and inserting ``, or'', and by inserting after subparagraph (K) the following new subparagraph: ``(L) expenditures for which a deduction is allowed under section 179E.''. (2) Section 263A(c)(3)(B) of such Code is amended by inserting ``179E,'' after ``179B,''. (3) Section 312(k)(3)(B) of such Code is amended by striking ``or 179D'' each place it appears in the heading and text and inserting ``179D, or 179E''. (4) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, or'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 179E(c).''. (5) Section 1245(a) of such Code is amended by inserting ``179E,'' after ``179D,'' both places it appears in paragraphs (2)(C) and (3)(C). (6) The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 179C the following new item: ``Sec. 179E. Temporary expensing of oil and natural gas exploration and production property and of costs to repair damages to such property from 2005 hurricanes.''. (c) Effective Date.--The amendments made by this section shall apply to costs paid or incurred after the date of the enactment of this Act in taxable years ending after such date. SEC. 3. 10-YEAR CARRYBACK OF NET OPERATING LOSSES FROM 2005 HURRICANE- DAMAGED OIL AND GAS FACILITIES. (a) In General.--Paragraph (1) of section 172(b) of the Internal Revenue Code of 1986 (relating to net operating loss deduction) is amended by adding at the end the following new subparagraph: ``(J) 2005 losses from hurricane-damaged oil and gas facilities.--In the case of a taxpayer which has a 2005 hurricane-damaged oil and gas facility loss (as defined in subsection (j)) for a taxable year, such loss shall be a net operating loss carryback to each of the 10 taxable years preceding the taxable year of such loss.''. (b) 2005 Hurricane-Damaged Oil and Gas Facility Loss.--Section 172 of such Code is amended by redesignating subsections (j) and (k) as subsections (k) and (l), respectively, and by inserting after subsection (i) the following new subsection: ``(j) 2005 Hurricane-Damaged Oil and Gas Facility Loss.--For purposes of this section-- ``(1) In general.--The term `2005 hurricane-damaged oil and gas facility loss' means the lesser of-- ``(A) the amount of the net operating loss for such taxable year, or ``(B) the sum of-- ``(i) the amount of the loss allowed by section 165 for the taxable year for any loss sustained by reason of hurricane-related damage-- ``(I) arising from any Presidentially declared disaster (as defined in section 1033(h)(3)(A)) during 2005, and ``(II) to any property of the taxpayer which is described in section 179E(b)(1)(B), and ``(ii) the deduction allowed by section 179E(a)(2) for the taxable year. ``(2) Coordination with subsection (b)(2).--For purposes of applying subsection (b)(2), a 2005 hurricane-damaged oil and gas facility loss for any taxable year shall be treated in a manner similar to the manner in which a specified liability loss is treated. ``(3) Election.--Any taxpayer entitled to a 10-year carryback under subsection (b)(1)(J) from any loss year may elect to have the carryback period with respect to such loss year determined without regard to subsection (b)(1)(J). Such election shall be made in such manner as may be prescribed by the Secretary and shall be made by the due date (including extensions of time) for filing the taxpayer's return for the taxable year of the net operating loss. Such election, once made for any taxable year, shall be irrevocable for such taxable year.''. (c) Effective Date.--The amendments made by this section shall apply to net operating losses for taxable years ending after the date of the enactment of this Act.

Summary: Winter Readiness Act of 2005 - Amends the Internal Revenue Code to allow a taxpayer election to expense (i.e., deduct in the current taxable year) all costs for qualified oil and gas production property placed in service before January 1, 2009, and for repairs to such property for hurricane-related damage. Defines "qualified oil and gas production property" to include assets used in offshore drilling for oil and gas, and for exploration and production of petroleum and natural gas deposits. Allows a 10-year carryback of net operating losses incurred in 2005 for hurricane-damaged oil and gas facilities.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm Relief Act of 2008''. SEC. 2. 2008 CROP DISASTER ASSISTANCE. Section 9001 of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 110-28; 121 Stat. 211) is amended-- (1) in subsection (a)-- (A) by striking ``There are hereby'' and inserting the following: ``(1) In general.--There are hereby''; and (B) by adding at the end the following: ``(2) 2008 crop disaster assistance.-- ``(A) In general.--There are hereby appropriated to the Secretary such sums as are necessary, to remain available until expended, to make emergency financial assistance under this section available to producers on a farm that incurred qualifying quantity or quality losses for the 2008 crop due a natural disaster or any related condition, as determined by the Secretary. ``(B) Sugar and sugarcane disaster assistance.-- ``(i) Florida.--There are hereby appropriated to the Secretary such sums as are necessary, to remain available until expended, to make payments to processors in Florida that are eligible to obtain a loan under section 156(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)) to compensate first processors and producers for crop and other losses due a natural disaster or any related condition, as determined by the Secretary, in Florida during calendar year 2008, by an agreement on the same terms and conditions, to the maximum extent practicable, as the payments made under section 102 of the Emergency Supplemental Appropriations for Hurricane Disasters Assistance Act of 2005 (Public Law 108-324; 118 Stat. 1235), including that the 2008 base production of each harvesting unit shall be determined using the same base year crop production history that was used pursuant to the agreement under that section. ``(ii) Louisiana.-- ``(I) Compensation for losses.-- There are hereby appropriated to the Secretary such sums as are necessary, to remain available until expended, to make assistance available to first processors of sugarcane that operate in a county affected by a natural disaster, or obtain sugarcane from a county affected by a natural disaster, in Louisiana and that are eligible to obtain a loan under section 156(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)), in the form of monetary payments or commodities in the inventory of the Commodity Credit Corporation derived from carrying out that section, to compensate producers and first processors for crop and other losses due to the natural disaster or any related condition, as determined by the Secretary. ``(II) Administration.--Assistance under this clause shall be-- ``(aa) shared by an affected first processor with affected producers that provide commodities to the processor in a manner that reflects contracts entered into between the processor and the producers, except with respect to a portion of the amount of total assistance provided under subclause (I) necessary to compensate affected producers for individual losses experienced by the producers, including losses due to saltwater intrusion, flooding, wind damage, or increased planting, replanting, or harvesting costs, which shall be transferred by the first processor to the affected producers without regard to contractual share arrangements; and ``(bb) made available under such terms and conditions as the Secretary determines are necessary to carry out this clause. ``(III) Form of assistance.--In carrying out this clause, the Secretary shall-- ``(aa) convey to the first processor commodities in the inventory of the Commodity Credit Corporation derived from carrying out section 156(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)); ``(bb) make monetary payments to the first processor; or ``(cc) take any combination of actions described in items (aa) and (bb), using commodities or monetary payments. ``(IV) Loss determination.--In carrying out this clause, the Secretary shall use the same base year to determine crop loss that was elected by a producer to determine crop loss in carrying out the hurricane assistance program under section 207 of the Agricultural Assistance Act of 2003 (Public Law 108-7; 117 Stat. 543). ``(iii) Texas.--There are hereby appropriated to the Secretary such sums as are necessary, to remain available until expended, to assist sugarcane growers in Texas by making a payment in that amount to a farmer-owned cooperative sugarcane processor in that State, for costs of demurrage, storage, and transportation resulting from natural disaster or any related condition during calendar year 2008. ``(C) Relation to supplemental agricultural disaster assistance program.--A producer on a farm that accepts assistance made available under this paragraph for a crop loss is not eligible to receive supplemental agricultural disaster assistance for that crop loss under subtitle B of the Federal Crop Insurance Act (7 U.S.C. 1531) or title IX of the Trade Act of 1974 (19 U.S.C. 2497 et seq.).''; and (2) in subsection (b), by striking ``this section'' each place it appears and inserting ``subsection (a)(1)''. SEC. 3. AQUACULTURE GRANTS. (a) Definition of Eligible Applicant.--In this section, the term ``eligible applicant'' means a producer of animals described in section 10806(a)(1) of the Farm Security and Rural Investment Act of 2002 (21 U.S.C. 321d(a)(1)) during the 2008 calendar year. (b) Aquaculture Grants.--Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall use $50,000,000 to provide grants to appropriate State departments of agriculture (or other appropriate State agencies) that agree to provide assistance to eligible applicants through animal feed providers that agree to make the assistance available on a pro rata basis to eligible applicants based on documented feed use by the eligible applicants during the 2008 calendar year to help offset feed costs or economic losses caused by natural disasters. (c) Duty of Secretary.--The Secretary shall ensure that-- (1) funds made available under subsection (b) are apportioned in an equitable manner among the States that receive funds under this section; and (2) assistance is made available based only on documented feed use. (d) Regulations.-- (1) In general.--The Secretary of Agriculture may promulgate such regulations as are necessary to implement this section. (2) Procedure.--The promulgation of the regulations and administration of this section shall be made without regard to-- (A) the notice and comment provisions of section 553 of title 5, United States Code; (B) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (C) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (3) Congressional review of agency rulemaking.--In carrying out this subsection, the Secretary shall use the authority provided under section 808 of title 5, United States Code.

Summary: Farm Relief Act of 2008 - Amends the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 to appropriate funds for: (1) emergency financial assistance to producers on a farm that incurred qualifying natural disaster-caused quantity or quality losses for the 2008 crop; (2) certain processors in Florida for natural disaster-caused crop and other losses in 2008; (3) certain first processors of sugarcane that operate in a county affected by a natural disaster or obtain sugarcane from a county affected by a natural disaster in Louisiana; and (4) certain sugarcane growers in Texas for natural disaster-caused demurrage, storage, and transportation costs in 2008. Provides specified Commodity Credit Corporation funds for grants to state departments of agriculture for assistance to eligible catfish producers to help offset natural disaster-caused feed costs or economic losses in 2008.


SECTION 1. SHORT TITLE. This Act may be cited as the ``HELP Commission Act''. SEC. 2. PURPOSE. The Congress finds that, despite the long-standing efforts and resources of the United States dedicated to helping needy people around the world, despair remains and in many areas is growing. Therefore, a commission should be established to bring together the best minds associated with development and humanitarian assistance to make a comprehensive review of-- (1) policy decisions, including why certain development projects are funded and others are not; (2) delivery obstacles, including the roles of United States agencies and other governmental and nongovernmental organizations; (3) methodology, including whether the delivery of United States development assistance always represents best practices and whether it can be improved; and (4) results, including measuring improvements in human capacity instead of in purely economic terms. An examination of these issues should present new approaches and ideas to ensure that United States development assistance reaches its intended recipients. SEC. 3. ESTABLISHMENT AND FUNCTIONS OF COMMISSION. (a) Establishment.--There is established the Helping Enhance the Livelihood of People (HELP) Around the Globe Commission (in this Act referred to as the ``Commission''). (b) Functions.--The Commission shall-- (1) identify the past and present objectives of United States development assistance, identify cases in which those objectives have been met, identify the beneficiaries of such assistance, and what percentage of the funds provided actually reached the intended beneficiaries; (2) identify cases in which United States development assistance has been most successful, and analyze why such successes have not been transferable to other countries or areas; (3) study ways to expand educational opportunities and investments in people, and assess infrastructure needs; (4) because of the difficulty in measuring results in lesser developed countries, study whether additional resources should be dedicated in order to bring about tangible results; (5) analyze how the United States could place conditions on governments in countries receiving United States development assistance, in light of and notwithstanding the objectives of the Millennium Challenge Account; (6) analyze ways in which the United States can coordinate its development assistance programs with those of other donor countries and international organizations; (7) analyze ways in which the safety of development assistance workers can be ensured, particularly in the midst of conflicts; (8) compare the effectiveness of increased and open trade with development assistance, and analyze the advantages and disadvantages of such trade and whether such trade could be a more effective alternative to United States development assistance; (9) analyze ways in which the United States can strengthen the capacity of indigenous nongovernmental organizations to be more effective in grassroots development; (10) analyze how political pressures affect the decisionmaking process on providing development assistance; (11) analyze ways in which decisions on providing development assistance can involve more of the people of the recipient countries; (12) analyze ways in which results can be measured if United States development assistance is targeted to the least developed countries; (13) recommend standards that should be set for ``graduating'' recipient countries from United States development assistance; (14) analyze whether United States development assistance should be used as a means to achieve United States foreign policy objectives; (15) analyze how the United States can evaluate the performance of its development assistance programs not only against economic indicators, but in other ways, including how to measure the success of United States development assistance in democratization efforts; and (16) study any other areas that the Commission considers necessary relating to United States development assistance. SEC. 4. MEMBERSHIP. (a) Appointment.--The Commission shall be composed of 21 members as follows: (1) Six members shall be appointed by the President, of whom at least two shall be representatives of nongovernmental organizations. (2) Four members shall be appointed by the majority leader of the Senate, and three members shall be appointed by the minority leader of the Senate. (3) Four members shall be appointed by the Speaker of the House of Representatives, and three members shall be appointed by the minority leader of the House of Representatives. (4) The Administrator of the United States Agency for International Development shall serve as a member of the Commission, ex officio. Members under paragraphs (1) through (3) shall be appointed for the life of the Commission. (b) Selection.--Members of the Commission shall be selected from among individuals noted for their knowledge and experience in foreign assistance, particularly development and humanitarian assistance. (c) Time of Appointment.--The appointments under subsection (a) shall be made not later than 60 days after the date of the enactment of this Act. (d) Chair.--The President shall designate one of the members of the Commission from private life as the Chair of the Commission. (e) Regional Subcommittees.--In order to facilitate the workload of the Commission, the Commission shall divide the membership of the Commission into three subcommittees representing the different regions of the world to which the United States provides development assistance, the membership of each subcommittee to be proportional to the percentage of United States development assistance provided to the region represented by the subcommittee. Each subcommittee shall elect one of its members as Chair of the subcommittee. (f) Quorum and Meetings.-- (1) Commission.--Eleven members of the Commission shall constitute a quorum for purposes of transacting the business of the Commission. The Commission shall meet at the call of the Chair. (2) Subcommittees.--A majority of the members of each regional subcommittee shall constitute a quorum for purposes of transacting the business of the subcommittee. Each subcommittee shall meet at the call of the Chair of the subcommittee. (g) Vacancies.--Any vacancy of the Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made. (h) Administrative Support.--The Administrator of General Services shall provide to the Commission on a reimbursable basis (or, in the discretion of the Administrator, on a nonreimbursable basis) such administrative support services as the Commission may request to carry out this Act. (i) Compensation.-- (1) In general.--Subject to paragraph (2), members of the Commission shall serve without pay. (2) Prohibition on additional compensation of federal employees.--Members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (j) Travel Expenses.--Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (k) Staff.-- (1) In general.--The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--To the extent or in the amounts provided in advance in appropriations Acts-- (A) the executive director shall be compensated at the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code; and (B) the Chairman of the Commission may fix the compensation of other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for such personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out its functions under this Act, hold hearings, sit and act at times and places in the United States and in countries which receive United States development assistance, take testimony, and receive evidence as the Commission considers advisable to carry out the purposes of this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission, subject to applicable law. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Administrative Procedures.--The Commission may adopt such rules and regulations, relating to administrative procedure, as may be reasonably necessary to enable it to carry out the provisions of this Act. (e) Travel.-- (1) In general.--The Members of the Commission may, with the approval of the Commission, conduct such travel as is necessary to carry out the purposes of this Act. Each trip must be approved by a majority of the Commission. (2) Sense of congress.--It is the sense of the Congress that members of the Commission should, in order to carry out the functions of the Commission most effectively, travel to countries that receive United States development assistance. The Commission is encouraged to invite Members of Congress to accompany members of the Commission on such travel. (f) Staff and Services of Other Federal Agencies.--Upon the request of the Commission, the head of any Federal department or agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its functions under this Act. The detail of any such personnel shall be without interruption or loss of civil service or Foreign Service status or privilege. SEC. 6. REPORT OF THE COMMISSION. (a) In General.--Not later than 2 years after the members of the Commission are appointed under section 4(a), the Commission shall submit a report to the President, the Secretary of State, and the Congress setting forth its findings and recommendations under section 3(b). (b) Classified Form of Report.--The report may be submitted in classified form, together with a public summary of recommendations, if the classification of information would further the purposes of this Act. (c) Individual or Dissenting Views.--Each member of the Commission may include the individual or dissenting views of the member. SEC. 7. APPLICABILITY OF OTHER LAWS. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. SEC. 8. DEFINITION. In this Act, the term ``United States development assistance'' means-- (1) assistance provided by the United States under chapters 1, 10, 11, and 12 of part I of the Foreign Assistance Act of 1961; and (2) assistance provided under any other provision of law to carry out purposes comparable to those set forth in the provisions referred to in paragraph (1). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this Act. (b) Availability of Funds.--Amounts authorized to be appropriated under subsection (a) are authorized to remain available until expended, but not later than the date of termination of the Commission. SEC. 10. TERMINATION. The Commission shall terminate 30 days after the submission of its report under section 6.

Summary: HELP Commission Act - Establishes the Helping Enhance the Livelihood of People (HELP) Around the Globe Commission to: (1) identify objectives and beneficiaries of U.S. development assistance; (2) evaluate cases in which assistance has been successful; (3) study ways of expanding educational opportunities and investments in people, coordinating U.S. assistance programs with those of other countries and international organizations, ensuring the safety of development assistance workers, strengthening indigenous nongovernmental organizations in grassroots development, placing conditions on governments receiving assistance, and measuring results of targeting U.S. assistance to the least developed countries; (4) assess infrastructure needs; (5) study whether additional resources are needed for tangible results; (6) compare the effectiveness of increased and open trade with development assistance; (7) analyze how political pressures affect the assistance decision making process and how assistance decisions can involve more people of the recipient countries; (8) recommend standards for graduating recipient countries from U.S. assistance; (9) analyze whether assistance should be used to achieve foreign policy objectives; and (10) analyze how to evaluate the performance of the U.S. assistance programs, including in democratization efforts.