SECTION 1. SHORT TITLE. This Act may be cited as the ``Working Waterfront Preservation Act of 2005''. SEC. 2. COMMERCIAL FISHING ACCESS PROTECTION PROGRAM. The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) is amended by adding at the end the following new title: ``TITLE V--GRANTS FOR COMMERCIAL FISHING ACCESS ``SEC. 501. DEFINITIONS. ``In this title: ``(1) Coastal state.--The term `Coastal State' has the meaning given the term `coastal state' in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453). ``(2) Coastal waters.--The term `coastal waters' has the meaning given that term in section 304 of the Coastal Zone Management Act of 1971 (16 U.S.C. 1453). ``(3) Eligible entity.--The term `eligible entity' means-- ``(A) the government of a Coastal State; ``(B) a unit of local government within a Coastal State; or ``(C) a nonprofit organization or a fishing cooperative that the Secretary determines is appropriate to receive a grant under section 502. ``(4) Eligible project.--The term `eligible project' means-- ``(A) a project to acquire real property or an interest in real property located in a Coastal State for the purpose of providing access to persons engaged in the commercial fishing industry or the aquaculture industry to coastal waters in working waterfront areas; or ``(B) a project to make improvements to real property located in a Coastal State and owned by an eligible entity, including the construction or repair of wharfs or related facilities, to provide access to persons engaged in the commercial fishing industry or the aquaculture industry to coastal waters in working waterfront areas. ``(5) Fishing cooperative.--The term `fishing cooperative' means a fishing or fish marketing association organized in a coastal state for the purpose of a promoting, fostering, and encouraging fishing or marketing of fish and fishery products through cooperation of its members and for the benefit of their members as producers of such products. ``(6) Nonprofit organization.--The term `nonprofit organization' means an organization that is-- ``(A) described in section 501(c) of the Internal Revenue Code of 1986; and ``(B) exempt from taxation under section 501(a) of the Internal Revenue Code of 1986. ``(7) State fisheries official.--The term `State fisheries official' means the principal State official with marine fishery management responsibility and expertise in a coastal State, who is designated as such by the Governor of the State, so long as the official continues to hold such position, or the designee of such official. ``(8) Working waterfront areas.--The term `working waterfront areas' means land that is used for or that supports commercial fishing or the aquaculture industry. ``SEC. 502. GRANT PROGRAM. ``(a) In General.--The Secretary is authorized to award a grant to an eligible entity for the purpose of carrying out an eligible project. ``(b) Considerations.--In awarding a grant for an eligible project under this section, the Secretary shall consider-- ``(1) the need for the eligible project based on the assessment of need submitted under subsection (c)(2)(A); ``(2) the economic significance of the eligible project to the commercial fishing industry or the aquaculture industry in the immediate vicinity and in the Coastal State in which the eligible project is located; ``(3) the degree of community support for the eligible project; ``(4) the level of threat of that the property proposed to be acquired or improved with such grant will be converted to uses incompatible with commercial fishing or the aquaculture industry; ``(5) the utility of the eligible project for commercial fishing or the aquaculture industry, with respect to the natural characteristics and developed infrastructure of the property proposed to be acquired; ``(6) whether a business plan or a harbor plan exists for the area in which the project will be located and whether the eligible project is consistent with such plan; ``(7) for an eligible project described in section 501(4)(A), the availability of alternative real property or an alternative interest in real property that would ensure that persons engaged in the commercial fishing industry or the aquaculture industry have access to coastal waters in working waterfront areas; and ``(8) whether a land use plan exists for the area in which the project will be located and whether the project is consistent with such plan. ``(c) Application and Review.-- ``(1) In general.--An eligible entity that seeks a grant under this section shall submit to the appropriate State fisheries official, at such time and in such manner as the Secretary shall prescribe, an application for the grant. ``(2) Assessment of need.--An application for a grant may be considered by the Secretary if the appropriate State fisheries official-- ``(A) prepares an assessment of the need for the proposed eligible project, taking into account-- ``(i) the needs of the commercial fishing industry or the aquaculture industry in the State; ``(ii) the needs of other industries and other parties in the area in which the project will be located; ``(iii) whether alternative sites exist for the proposed project; and ``(iv) the social and cultural value of the industries to the affected community and State; and ``(B) submits to the Secretary-- ``(i) the application submitted under paragraph (1); and ``(ii) the assessment of need prepared under subparagraph (A). ``(d) Cost Sharing.-- ``(1) In general.--The amount of a grant awarded under this section to carry out an eligible project may not exceed 75 percent of the total cost of the eligible project. ``(2) Assurances.--As a condition of receipt of a grant under this section, an eligible entity shall provide to the Secretary such assurances as the Secretary determines are sufficient to demonstrate that the share of the cost of each eligible project that is not funded by the grant awarded under this section has been secured. ``(3) Form.--The share of the cost of carrying out an eligible project that is not funded by a grant awarded under this section may be provided in cash or in kind (including a donation of land). ``(e) Use of Grant Funds for Eligible Projects.-- ``(1) Purchases.-- ``(A) In general.--Except as provided in subparagraph (B), grants awarded under this section may be used to purchase privately-owned real property or interests in privately-owned real property, including easements, only from willing sellers at fair market value. ``(B) Sales at less than fair market value.--A grant awarded under this section may be used to acquire privately-owned real property or an interest in privately-owned real property at less than fair market value only if the owner certifies to the Secretary that the sale is being entered into willingly and without coercion. ``(C) No exercise of eminent domain.--No Federal, State, or local agency may exercise the power of eminent domain to secure title to any real property or facilities in connection with a project carried out under this title. ``(2) Title.--Title to real property or an interest in real property acquired with a grant awarded under this section may be held, as determined appropriate by the Secretary in consultation with the appropriate Coastal State, by-- ``(A) the Coastal State; ``(B) a unit of local government of the Coastal State; ``(C) a nonprofit organization; or ``(D) a fishing cooperative. ``(f) Continued Access to Coastal Waters.-- ``(1) Requirement for agreement.--The Secretary shall enter into an agreement with an eligible entity that receives a grant under this section. Such agreement shall require the eligible entity to provide the Secretary the assurances that the Secretary determines are appropriate to ensure that the eligible project is not converted to a use that is inconsistent with the purposes for which the grant was awarded. ``(2) Reversionary interest.-- ``(A) In general.--If the Governor of a Coastal State makes a determination described in subparagraph (B), all right, title, and interest in and to the property shall, except as provided in subparagraph (C), revert, at the option of the Governor, to the Coastal State, and the State shall have the right of immediate entry onto the property. Any determination of the Governor under this paragraph shall be made on the record after an opportunity for a hearing. ``(B) Determination.--The determination referred to in subparagraph (A) is a determination that-- ``(i) the unit of local government or nonprofit organization is unable or unwilling to enforce the terms of the easement; or ``(ii) the easement has been modified in a manner that is inconsistent with the purposes for which the grant was awarded. ``(C) Conveyance to another unit of local government or nonprofit organization.--If the Governor of a Coastal State makes a determination under subparagraph (B), the State may convey or authorize the unit of local government or nonprofit organization to convey the easement to another unit of local government or nonprofit organization. ``(g) Approval or Disapproval.-- ``(1) In general.--Subject to paragraph (2), as soon as practicable after the date on which the Secretary receives an application under subsection (c)(2)(B), the Secretary shall-- ``(A) review the application; and ``(B)(i) award a grant to the applicant; or ``(ii) disapprove the application and provide the applicant a statement that describes the reasons why the application was disapproved, including a deadline by which the applicant may resubmit the application. ``(h) Administrative Costs.--A Coastal State, on approval of the Secretary and subject to any regulations promulgated by the Secretary, may use up to 10 percent of the amounts made available under this section to pay the administrative costs of the Coastal State relating to the program. ``(i) Treatment of Purchase Proceeds.--For purposes of the Internal Revenue Code of 1986, gross income shall not include 50 percent of the gain from the sale or exchange of private land or interests in private land in purchases described in subsection (e)(1). ``SEC. 503. ANNUAL REPORT. ``The Secretary shall submit to Congress an annual report that describes the eligible projects carried out using grants awarded under this title.''. SEC. 3. AUTHORIZATION OF APPROPRIATION. There are authorized to be appropriated to the Secretary of Commerce $50,000,000 for each of the fiscal years 2005 and 2007 to carry out the provisions of title V of the Magnuson-Stevens Fishery Conservation and Management Act, as added by section 2.

Summary: Working Waterfront Preservation Act of 2005 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to authorize the Secretary of Commerce to award a grant to a state or local government of a coastal state, a nonprofit organization, or a fishing cooperative for projects to: (1) acquire real property in a coastal state to provide access to commercial fishermen or persons in the aquaculture industry to coastal waters in working waterfront areas; or (2) make improvements to real property owned by an eligible entity in a coastal state to provide access to such persons to coastal waters in working waterfront areas.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Gold King Accountability and Compensation for Taxpayers'' or the ``Gold King ACT''. SEC. 2. FINDINGS. Congress finds that-- (1) on August 5, 2015, the Environmental Protection Agency caused the release of approximately 3,000,000 gallons of contaminated water from the Gold King Mine into Cement Creek; (2) the Environmental Protection Agency takes full responsibility for the Gold King Mine spill; (3) the peer reviewer of the Corps of Engineers to the report of the Department of the Interior relating to the Gold King Mine spill expressed concerns about the independent nature of the report and the internal communications and decisions of the Environmental Protection Agency relating to the spill; (4) the Environmental Protection Agency should be held to the same standards as the private sector would be if the private sector caused a similar spill; (5) the Environmental Protection Agency should hold accountable those individuals responsible for the Gold King Mine spill; and (6) since response activities took place after October 31, 2015, the Environmental Protection Agency should reimburse requests for response activity expenses incurred after that date. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Gold king mine spill.--The term ``Gold King Mine spill'' means the discharge on August 5, 2015, of approximately 3,000,000 gallons of contaminated water from the Gold King Mine north of Silverton, Colorado, into Cement Creek that occurred while contractors of the Environmental Protection Agency were conducting an investigation of the Gold King Mine. (3) Independent contractor.--The term ``independent contractor'' means any person, as of August 5, 2015, that-- (A) entered into a contract with a Federal agency (as defined in section 2671 of title 28, United States Code) for goods or services relating to the Gold King Mine spill; and (B) was not an employee of the Government (as defined in section 2671 of title 28, United States Code). (4) Injured person.--The term ``injured person'' means a person that-- (A) suffered injury resulting from the Gold King Mine spill; and (B) is-- (i) an individual; (ii) an Indian tribe, tribal corporation, or other tribal organization; (iii) a corporation, business, partnership, company, association, insurer, county, township, city, State or political subdivision of a State, school district, ditch company, special district, water district, water company, the Animas-La Plata Operation, Maintenance and Replacement Association, or other non-Federal entity; or (iv) a legal representative of an individual or entity described in any of clauses (i) through (iii). (5) Injury.--The term ``injury'' means any damage to, or loss of, property, or a personal injury or death, caused by a negligent or wrongful act or omission of a Federal officer, employee, contractor, or subcontractor while acting within the scope of office, employment, or contract, under circumstances in which the Federal officer, employee, contractor, or subcontractor, if a private person, would be liable to the claimant in accordance with the law of the jurisdiction in which the act or omission occurred. SEC. 4. GOLD KING MINE SPILL CLAIMS PURSUANT TO THE FEDERAL TORT CLAIMS ACT. (a) Responsibilities of the Administrator.-- (1) In general.--An injured person may bring a claim arising out of, or relating to, any injury resulting from the Gold King Mine spill under chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act'') and the Administrator shall receive, process, and pay those claims in accordance with this section. (2) Timing.-- (A) In general.--Notwithstanding section 2675(a) of title 28, United States Code, not later than 90 days after the date on which an injured person submits to the Administrator a claim under this section, the Administrator shall award or deny the payment of the claim. (B) Partially paid claims.--In the case of a claim for which, as of the date of enactment of this Act, the Administrator has partially awarded payment to an injured person, the Administrator shall award the remaining payment not later than 60 days after that date of enactment. (C) Previously filed claims.--In the case of a claim for which, as of the date of enactment of this Act, not fewer than 90 days have passed since the date on which an injured person submitted to the Administrator a claim under this section, not later than 60 days after that date of enactment, the Administrator shall award or deny payment of the claim. (b) Applicability of Other Law.-- (1) Applicability of exception.--Section 2680(a) of title 28, United States Code, shall not apply to claims brought under this section. (2) Independent contractors.--For purposes of a claim brought under this section, the definition of the term ``Federal agency'' under section 2671 of title 28, United States Code, shall be considered to include an independent contractor. (c) Allowable Damages.-- (1) Property loss.--A claim that is paid for loss of property under this section may include otherwise-uncompensated damages resulting from the Gold King Mine spill for-- (A) a cost resulting from lost tribal or nontribal subsistence from hunting, fishing, firewood gathering, timbering, grazing, or agricultural activities, or from lost use for traditional or ceremonial uses, conducted on land or water damaged by the Gold King Mine spill; (B) a cost of reforestation or revegetation on tribal or non-Federal land, to the extent that the cost of reforestation or revegetation is not covered by any other Federal program; (C) any costs borne by any injured person to determine the extent of-- (i) the damages to agricultural land; or (ii) any other damages covered by this Act; (D) any costs borne by an injured person to pay for water supplies or equipment to treat water during the period for which a water supply of the injured person was compromised by the Gold King Mine spill; and (E) any other loss that the Administrator determines to be appropriate for inclusion as loss of property. (2) Business loss.--A claim that is paid for an injury under this section may include damages resulting from the Gold King Mine spill for the following types of otherwise- uncompensated business loss: (A) Damage to tangible assets or inventory. (B) Lost business income. (C) Overhead costs. (D) Employee wages for work not performed. (E) Any other loss that the Administrator determines to be appropriate for inclusion as a business loss. (3) Financial loss.--A claim that is paid for an injury under this section may include damages resulting from the Gold King Mine spill for the following types of otherwise- uncompensated financial loss: (A) An insurance deductible. (B) Lost wages or personal income. (C) Emergency staffing expenses. (D) Debris removal and other cleanup costs. (E) Any other loss that the Administrator determines to be appropriate for inclusion as a financial loss. (d) Recoupment for Improper Payments.--Notwithstanding any other provision of law, during the 13-year period beginning on the date on which a claim is awarded under this section, the Administrator may take such action as is necessary to recover payments made under this section with respect to fraudulent claims and claims made with inaccurate information. (e) Source of Payments.-- (1) In general.--Any compensation or award against the Government made pursuant to a claim under this section shall be paid by the Administrator from unobligated balances in the appropriations accounts of the Environmental Protection Agency. (2) Intent of congress.--It is the intent of Congress that no additional funds be appropriated to carry out this Act. SEC. 5. GOLD KING MINE SPILL CLAIMS PURSUANT TO THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT. (a) In General.--The Administrator shall, consistent with the national contingency plan, receive, process, and pay under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) claims related to the Gold King Mine spill. (b) Eligible Claims.--The Administrator shall receive, process, and pay under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) claims related to the Gold King Mine spill that otherwise would be ineligible under that Act or the national contingency plan if the response action carried out by the claimant is not inconsistent with the national contingency plan as described in section 107 of that Act (42 U.S.C. 9607). (c) Timing.-- (1) In general.--Not later than 90 days after the date on which an injured person submits to the Administrator a claim under this section, the Administrator shall award or deny the payment of the claim. (2) Partially paid claims.--In the case of a claim for which, as of the date of enactment of this Act, the Administrator has partially awarded payment to an injured person, the Administrator shall award the remaining payment not later than 60 days after that date of enactment. (3) Previously filed claims.--In the case of a claim for which, as of the date of enactment of this Act, not fewer than 90 days have passed since the date on which an injured person submitted to the Administrator a claim under this section, not later than 60 days after that date of enactment, the Administrator shall award or deny payment of the claim. SEC. 6. EFFECT OF ACT; REDUCTION IN PAYMENT. (a) Effect of Act.--This Act does not diminish the ability of the Administrator to carry out the responsibilities of the Administrator under any other provision of law. (b) Reduction in Payment.--To prevent a claimant from receiving twice the damage award for the same injury or claim-- (1) any compensation or award against the Government under section 4 shall be deducted from any payment awarded against the Government under section 5; and (2) any compensation or award against the Government under section 5 shall be deducted from any payment awarded against the Government under section 4. SEC. 7. WATER QUALITY PROGRAM. (a) In General.--In response to the Gold King Mine spill, the Administrator, in coordination with affected States and Indian tribes, shall develop and implement a program for long-term water quality monitoring of the Animas River. (b) Requirements.--In carrying out the program described in subsection (a), the Administrator shall-- (1) collect water quality samples and sediment data; (2) provide the public with a means of viewing the samples and data referred to in paragraph (1) by, at a minimum, posting the information on the website of the Administrator; (3) take any other relevant measure necessary to assist affected States and Indian tribes with long-term water monitoring; and (4) carry out additional program activities, as determined by the Administrator.

Summary: Gold King Accountability and Compensation for Taxpayers or the Gold King ACT This bill allows a person to bring a compensation claim for allowable damages (i.e., property, business, or financial losses) under the Federal Tort Claims Act if the claim is related to an injury resulting from the spill in Cement Creek from the Gold King Mine near Silverton, Colorado. The spill occurred on August 5, 2015. The bill prohibits certain exemptions and limitations on tort claims against the United States under the Act from applying to claims for injuries resulting from the spill. The EPA must receive, process, and pay under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 claims related to the Gold King Mine spill, including claims that otherwise would be ineligible under that Act or the national oil and hazardous substances pollution contingency plan if the response action carried out by the claimant is not inconsistent with the plan. The EPA must pay claims from unobligated balances in its accounts. The EPA must develop and implement a program for long-term water quality monitoring of the Animas River.


SECTION 1. SHORT TITLE. This Act may be cited as the ``United Nations Rapid Deployment Police and Security Force Act of 2000''. SEC. 2. FINDINGS. The Congress finds the following: (1) United States Presidential Decision Directive 71 calls for a stronger United States response to maintaining order in societies recovering from conflict. It aims to improve coordination of United States efforts and to enhance the ability of other countries, the United Nations, and regional organizations to plan, mount, and sustain operations in support of the rule of law. (2) In a press briefing on February 24, 2000, Secretary of State Madeleine Albright stated the following: ``The recent slowness in deploying desperately needed civilian police to Kosovo provides only the latest evidence that present international capabilities are not adequate. And the ongoing deployment of CIVPOL teams to East Timor and Sierra Leone show that the need will not soon diminish. In response, we must recognize that old models of peacekeeping don't always meet current challenges. Peace operations today often require skills that are neither strictly military nor strictly police but, rather, a combination of the two. The international community needs to identify and train units that are able to control crowds, deter vigilante actions, prevent looting and disarm civilian agitators while, at the same time, winning the trust of the communities in which they are deployed.''. (3) In his April 2000 report, ``We the Peoples, The Role of the United Nations in the 21st Century'', United Nations Secretary General Kofi Annan states that only member nations of the United Nations can fix the ``structural weakness of United Nations peace operations . . . Our system for launching operations has sometimes been compared to a volunteer fire department, but that description is too generous. Every time there is a fire, we must first find fire engines and the funds to run them before we can start dousing any flames. The present system relies almost entirely on last minute, ad hoc arrangements that guarantee delay, with respect to the provision of civilian personnel even more so than military. Although we have understandings for military standby arrangements with Member States, the availability of the designated forces is unpredictable and very few are in a state of high readiness. Resource constraints preclude us even from being able to deploy a mission headquarters rapidly.''. (4) The December 1999 United Nations ``Report on the Independent Inquiry into the Actions of the United Nations During the 1994 Genocide in Rwanda'' indicates that in April 1994, the United Nations Security Council failed to deploy 5,500 United Nations peacekeepers to Rwanda within two weeks of the initial violence, thereby allowing the conflict to escalate. The 6-month estimated cost of the deployment would have been $115,000,000. Instead, the genocide consumed 800,000 lives along with $2,000,000,000 in humanitarian aid. (5) In Srebrenica, Bosnia, on July 11, 1995, Bosnian Serb troops forced the retreat of Dutch United Nations peacekeepers who were part of the United Nations Mission in Bosnia and Herzegovina (UNMIBH) from a ``safe haven'', resulting in the massacre of 7,000 Bosnian civilians and expulsion of 40,000 Bosnian civilians. (6) The United Nations peacekeeping budget estimate for the United Nations Mission in Bosnia and Herzegovina from July 1, 1997, to June 30, 1998, was $165,600,000, while the North Atlantic Treaty Organization (NATO)-sponsored intervention in the Serbian province of Kosovo cost $37,000,000 per day. (7) In July 1999, 4,700 civilian police officers were requested to be deployed to the Serbian province of Kosovo but, as of April 17, 2000, the United Nations has deployed only 2,901 of the requested police officers, resulting in the breakdown of law and order and the escalation of unrest in Kosovo. (8) In May 2000, Revolutionary United Front rebels in Sierra Leone, in violation of the ceasefire and peace accords, captured and held prisoner approximately 500 United Nations Mission in Sierra Leone (UNAMSIL) peacekeepers. The weapons, equipment, and vehicles of the peacekeepers were also seized. The UNAMSIL force had been deployed too slowly and was undertrained and understaffed, consisting of only 8,700 peacekeepers of the 11,000 peacekeepers requested by the United Nations Security Council. (9) On February 24, 2000, the United Nations Security Council approved a United States-sponsored proposal to send 5,537 troops on an observer mission to the Democratic Republic of the Congo (to be known as the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC)), a Republic \1/3\ the size of the United States, to monitor the implementation of the Lusaka accords. However, it will take at least three months to deploy the required forces. On April 25, 2000, South African Foreign Minister Dlamini-Zuma urged rapid deployment of the troops and stated ``[i]f deployment is very slow [the accords] can fall apart . . . The troops should have been deployed a long time ago.''. (10) The United States has the power in the United Nations Security Council to veto decisions that are not within the national interests of the United States. SEC. 4. ESTABLISHMENT OF A UNITED NATIONS RAPID DEPLOYMENT POLICE AND SECURITY FORCE. (a) Establishment.--The President shall direct the United States representative to the United Nations to use the voice, vote, and influence of the United States to urge the United Nations-- (1) to establish a United Nations Rapid Deployment Police and Security Force that is rapidly deployable, under the authority of the United Nations Security Council, and trained to standardized objectives; (2) to recruit personnel to serve in this Force; and (3) to provide equitable and reliable funding for the United Nations Rapid Deployment Police and Security Force. (b) Mission Statement.--The United Nations Rapid Deployment Police and Security Force should have a mission statement that provides for the following: (1) The United Nations Rapid Deployment Police and Security Force will engage in operations when-- (A) the United Nations Security Council determines that an imminent threat to the peace requires a preventive deployment of forces and the Security Council deems it as an appropriate response; (B) the United Nations Security Council determines ongoing gross violations of human rights or breaches of the peace require rapid intervention by the international community and the Security Council deems it as an appropriate response; (C) peace has been restored to a region but the rule of law has not yet been reestablished and when national civilian police or United Nations member nations personnel are not available and the Security Council deems it as an appropriate response; or (D) the United Nations Rapid Deployment Police and Security Force can utilize its personnel to help train the military and civilian police of member nations of the United Nations to better participate in international peace operations. (2) The United Nations Rapid Deployment Police and Security Force will consist of not more than 6000 personnel who are-- (A) placed under the authority of the United Nations Security Council; (B) under the direction of the Secretary General of the United Nations; (C) deployed only by United Nations Security Council resolution; (D) volunteers from United Nations member nations employed directly by the United Nations; (E) trained as a single unit, appropriately equipped, expressly for international peace operations including civilian policing; and (F) rapidly deployable. (3) The United Nations Rapid Deployment Police and Security Force will be organized as a sub-department within the United Nations Department of Peacekeeping Operations or under the control of the United Nations's Military Staff Committee and will contain personnel trained as military staff officers and civilian police officers to be deployed immediately to a potential conflict area. (4) The deployment of the United Nations Rapid Deployment Police and Security Force will be limited to a maximum of 6 months, at which time the Police and Security Force would be replaced by personnel supplied by United Nations member nations. (5) The basing and infrastructure service of the United Nations Rapid Deployment Police and Security Force will be leased from existing member nations' institutions. SEC. 5. REPORT ON UNITED NATIONS RAPID DEPLOYMENT POLICE AND SECURITY FORCE. Not later than 1 year after the date of enactment of this Act, the President shall prepare and transmit to the Congress a report on the progress of negotiations with the United Nations and its member nations regarding the creation of a United Nations Rapid Deployment Police and Security Force described in section 3. SEC. 6. DEFINITIONS. In this Act: (1) The term ``international peace operations'' means-- (A) any such operation carried out under chapter VI or chapter VII of the Charter of the United Nations; and (B) any such United Nations operation that includes civilian policing. (2) The term ``rapidly deployable'' refers to the capacity to deploy military or civilian personnel to a region undergoing conflict within 15 days of the enactment of a United Nations Security Council resolution authorizing a deployment.

Summary: Declares that the Force should have a mission statement that: (1) specifies when it will engage in operations, including when the Security Council determines that an imminent threat to the peace requires a preventive deployment or that ongoing gross violations of human rights or breaches of the peace require rapid intervention; (2) provides that the Force will consist of not more than 6,000 volunteers from UN member nations who will be deployed only by Security Council resolution; (3) provides that the Force will be organized as a sub-department within the UN Department of Peacekeeping Operations or under the control of the UN's Military Staff Committee; (4) limits Force deployment to a maximum of six months; and (5) requires its basing and infrastructure service to be leased from existing member nations' institutions.


SECTION 1. SHORT TITLE. This Act may be cited as ``Taxation of Minor Children Simplifcation Act of 2004''. SEC. 2. TAXATION OF MINOR CHILDREN. (a) Application of Trust Rate Schedule to Net Unearned Income of Minor Children.--Subsection (g) of section 1 of the Internal Revenue Code of 1986 (relating to certain unearned income of minor children taxed as if parent's income) is amended-- (1) by striking paragraphs (1), (3), and (5), (2) by redesignating paragraphs (4), (6), and (7) as paragraphs (3), (4), and (5), respectively, and (3) by inserting before paragraph (2) the following new paragraph: ``(1) In general.--In the case of a child to whom this subsection applies, the tax imposed by this section shall be the sum of-- ``(A) a tax computed at the rates and in the same manner as if this subsection had not been enacted on taxable income reduced by net unearned income, plus ``(B) the excess (if any) of the tax determined under subsection (e) on total taxable income over the tax determined under subsection (e) on taxable income reduced by net unearned income.''. (b) Expansion of Parental Election.--Paragraph (5) of section 1(g) of such Code (as redesignated under subsection (a)) is amended to read as follows: ``(5) Election to claim income of child on parent's return.-- ``(A) In general.--If the parent of any child to whom this subsection applies elects the application of subparagraph (B), such child-- ``(i) shall be treated (other than for purposes of this paragraph)-- ``(I) as having no gross income for such year, and ``(II) as not being entitled to any deductions or credits for such year, and ``(ii) shall not be required to file a return under section 6012 for such year. ``(B) Income included on parent's return.--In the case of a parent making the election under this paragraph-- ``(i) the gross income of each child to whom such election applies shall be included in such parent's gross income for the taxable year, ``(ii) the deductions to which such child would be entitled without regard to such election shall be allowed to such parent but only to the extent the aggregate of such deductions does not exceed the gross income of such child, ``(iii) any estimated tax payment, and any amount which has been deducted and withheld under chapter 24, for such year that is made in the name and TIN of such child shall be treated as an estimated tax payment or as an amount deducted and withheld in the name and TIN of such parent for such year (including for purposes of section 31), and ``(iv) any interest which is an item of tax preference under section 57(a)(5) of the child shall be treated as an item of tax preference of such parent (and not of such child). ``(C) Special rule for determining which parent may make election.--For purposes of this paragraph, the parent of a child to whom this subsection applies who may make an election under this paragraph shall be-- ``(i) in the case of parents who are not married (within the meaning of section 7703), the custodial parent (within the meaning of section 152(e)) of the child, and ``(ii) in the case of married individuals filing separately, the individual with the greater taxable income. ``(D) Carryovers allowed.--Subparagraph (A)(i)(II) shall not prohibit the carryover of any amount that the child would be entitled to carryover without regard to the election under this paragraph. ``(E) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this paragraph.''. (c) Conforming Amendment.--The heading for subsection (g) of section 1 of such Code is amended to read as follows: ``(g) Treatment of Certain Income of Minor Children.--''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004.

Summary: Taxation of Minor Children Simplification Act of 2004 - Amends the Internal Revenue Code to revise rules for the taxation of the income of minor children (under age 14). Repeals the allocable parental tax rules. Allows parents to elect to claim the child's gross income and deductions on the parents' tax return.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Montgomery GI Bill Revitalization Act of 2003''. SEC. 2. ENHANCED BENEFITS UNDER MONTGOMERY GI BILL FOR FOUR YEARS OF ACTIVE-DUTY SERVICE. (a) In General.--Chapter 30 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER V--ENHANCED EDUCATIONAL ASSISTANCE ``Sec. 3041. Enhanced educational assistance entitlement ``(a) Entitlement.--An eligible individual is entitled to enhanced educational assistance under this subchapter. ``(b) Eligible Individual Defined.--For purposes of this subchapter, the term `eligible individual' means an individual who meets the service requirement described in subsection (c) and whose status after completion of such service is described in section 3011(a)(2) of this title. Such term does not include an individual described in paragraph (1) or (2) of section 3011(c) of this title. ``(c) Service Requirement.--(1) The service requirement referred to in subsection (b) is as follows: ``(A) After September 30, 2003, the individual-- ``(i) first enters on active duty; ``(ii) reenlists or extends an enlistment on active duty as a member of the Armed Forces; or ``(iii) in the case of an officer, continues to serve on active duty after that date. ``(B) From the date of such entry, reenlistment, extension, or continuation, as the case may be, the individual-- ``(i) serves a continuous period of active duty of at least four years in the Armed Forces; or ``(ii) serves on active duty in the Armed Forces and is discharged or released from active duty-- ``(I) as provided in subclause (I) of section 3011(a)(1)(A)(ii) of this title; ``(II) for the convenience of the Government, after having completed not less than 42 months of continuous active duty; or ``(III) as provided in subclause (III) of section 3011(a)(1)(A)(ii) of this title. ``(2) In determining service under paragraph (1), the following rules apply: ``(A) Any period of service described in paragraph (2) or (3) of section 3011(d) of this title that applies to an eligible individual under this section shall not be considered a part of the individual's period of active duty. ``(B) A member described in paragraph (2) of section 3011(f) of this title who serves the periods of active duty referred to in such paragraph shall be deemed to have served a continuous period of active duty the length of which is the aggregate length of the periods of active duty referred to in such paragraph. ``(C) Subsections (g) and (h) of section 3011 of this title apply with respect to an eligible individual under this section in the same manner as they apply to an individual under section 3011 of this title. ``(d) Election of Basic Educational Assistance.--(1) An eligible individual entitled to enhanced educational assistance under this subchapter may elect (in a form and manner prescribed by the Secretary) to receive basic educational assistance under subchapter II in lieu of such enhanced educational assistance for an enrollment period. Such an election shall be made not later than 30 days before the beginning of the enrollment period. ``(2) An eligible individual may revoke an election made pursuant to paragraph (1), but in no case may such revocation be made later than 30 days before the beginning of the enrollment period. ``Sec. 3042. Duration of enhanced educational assistance ``(a) In General.--Subject to section 3695 of this title and except as provided in subsection (b), each individual entitled to enhanced educational assistance under section 3041 of this title is entitled to a monthly enhanced educational assistance allowance under this subchapter for a period or periods not to exceed a total of 36 months (or the equivalent thereof in part-time enhanced educational assistance). ``(b) Special Rule for Certain Early Separations.--Subject to section 3695 of this title, in the case of an individual described in subclause (I) or (III) of section 3041(c)(1)(B)(ii) of this title who does not serve a continuous period of active duty of at least four years in the Armed Forces (as described in section 3041(c)(1)(B)(i) of this title), the individual is entitled to one month of enhanced educational assistance benefits under this subchapter (not to exceed a total of 36 months (or the equivalent thereof in part-time enhanced educational assistance)) for each month of continuous active duty served by the individual beginning with the date on which the entry on active duty, reenlistment, enlistment extension, or continuation applicable to that individual under section 3041(c)(1)(A) of this title begins. ``Sec. 3043. Payment of educational expenses ``(a) In General.--(1) Subject to paragraph (2), the Secretary shall pay to the educational institution providing a course under an approved program of education to an eligible individual under this subchapter who is enrolled in the course the actual cost of tuition and fees otherwise payable by the individual. ``(2) Such cost may not exceed the amount charged to similarly circumstanced nonveterans. ``(b) Stipend; Costs of Books and Supplies.--The Secretary shall pay to each eligible individual under this subchapter who is pursuing an approved program of education-- ``(1) a stipend as provided in section 3044 of this title; and ``(2) in accordance with regulations prescribed by the Secretary, an amount equal to the average cost of books and supplies payable by individuals pursuing courses of education at educational institutions. ``(c) Exclusion From Income for Eligibility Determinations for Federal Educational Loans.--Notwithstanding any other provision of law, amounts payable by the Secretary under this subchapter with respect to an eligible individual shall not be considered as income for purposes of determining eligibility of such individual for education grants or loans under any other provision of Federal law. ``Sec. 3044. Amount of stipend ``(a) In General.--Except as provided in section 3042 of this title, the stipend under this subchapter shall be paid at a monthly rate (as that rate may be increased pursuant to subsection (b)) as follows: ``(1) At the monthly rate of $900 for an approved program of education pursued on a full-time basis. ``(2) At the monthly rate of $700 for an approved program of education pursued on a three-quarter-time basis. ``(3) At the monthly rate of $500 for an approved program of education pursued on a half-time basis. ``(4) At the monthly rate of $300 for an approved program of education pursued on less than a half-time basis. ``(b) Adjustment for Inflation.--With respect to any fiscal year beginning after fiscal year 2004, the Secretary shall increase the rate paid under subsection (a) for the previous fiscal year by the percentage applicable under section 3015(h) of this title. ``Sec. 3045. Tutorial assistance ``An individual entitled to an enhanced educational assistance allowance under this subchapter shall be entitled to benefits provided an individual under section 3019 of this title, subject to the conditions provided in such section.''. (b) Conforming Amendments.--(1) Section 3002 of such title is amended by inserting at the end the following new paragraph: ``(9) The term `enhanced educational assistance' means educational assistance provided under subchapter V.''. (2) Section 3011 of such title is amended in subsection (f)(1) and (g) by striking ``chapter'' each place it appears and inserting ``subchapter''. (3) Section 3018A(a) of such title is amended by striking ``education assistance under this chapter'' and inserting ``educational assistance under this subchapter''. (4) Section 3018B of such title is amended by striking ``education assistance under this chapter'' each place it appears and inserting ``educational assistance under this subchapter''. (5) Section 3018C of such title is amended by striking ``educational assistance under this chapter'' each place it appears and inserting ``educational assistance under this subchapter''. (6) Section 3019 of such title is amended by striking ``chapter'' each place it appears and inserting ``subchapter''. (7) Section 3031 of such title is amended-- (A) in subsection (f), by inserting ``or 3042 of this title'' after ``section 3013'' each place it appears; and (B) in subsection (h), by inserting ``or 3031(c)(1)(B)(ii)(III)'' after ``section 3011(a)(1)(A)(ii)(III)''. (8) Section 3032(e)(3) of such title is amended by inserting ``, or section 3044(a)(1),'' after ``section 3015''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 30 of such title is amended by adding at the end the following new items: ``SUBCHAPTER V--ENHANCED EDUCATIONAL ASSISTANCE ``3041. Enhanced educational assistance entitlement. ``3042. Duration of enhanced educational assistance. ``3043. Payment of educational expenses. ``3044. Amount of stipend. ``3045. Tutorial assistance.''. SEC. 3. REPEAL OF PAY REDUCTION, ELECTION OF BENEFITS, AND HIGH SCHOOL GRADUATION REQUIREMENT FOR PARTICIPATION IN BASIC EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL. (a) Repeal of Pay Reduction and Election of Benefits.-- (1) Active duty program.--(A) Section 3011 of title 38, United States Code, is amended-- (i) by striking subsection (b); and (ii) in subsection (c), by striking paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (B) Section 3012 of such title is amended-- (i) by striking subsection (c); and (ii) in subsection (d), by striking paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (2) Opportunities to withdraw election not to enroll.--(A) Section 3016(a)(1) of such title is amended by striking ``, and does not make an election under section 3011(c)(1) or section 3012(d)(1)''. (B) Sections 3018A and 3018B of such title are each amended by adding at the end the following new subsection: ``(e) Notwithstanding subsection (b), no reduction in the pay of an individual under this section shall be made for months beginning after September 30, 2003. Any obligation of such individual under subsection (b) as of such date shall be deemed to be fully satisfied as of such date.''. (C)(i) Section 3018C(e) of such title is amended-- (I) by striking paragraphs (3) and (4); and (II) by redesignating paragraph (5) as paragraph (3). (ii) Section 3018C of such title is amended by adding at the end the following new subsection: ``(f) Notwithstanding subsection (b), no reduction in the pay of an individual under this section shall be made for months beginning after September 30, 2003. Any obligation of such individual under subsection (b) as of such date shall be deemed to be fully satisfied as of such date.''. (3) Effective date.--The amendments made by this subsection shall take effect on October 1, 2003, and apply to individuals whose initial obligated period of active duty under section 3011 or 3012 of title 38, United States Code, as the case may be, begins on or after such date. (4) Termination of pay reductions in progress.--Any reduction in the basic pay of an individual referred to in subsection (b) of section 3011 of title 38, United States Code, by reason of such subsection, or of any individual referred to in subsection (c) of section 3012 of such title by reason of such subsection, shall cease commencing with months beginning after September 30, 2003, and any obligation of such individual under such subsections, as the case may be, as of such date shall be deemed to be fully satisfied as of such date. (b) Repeal of High School Graduation Requirement.-- (1) Active duty.--(A) Section 3011(a) of title 38, United States Code, is amended-- (i) by striking paragraph (2); and (ii) by redesignating paragraph (3) as paragraph (2). (B) Section 3012(a) of such title is amended-- (i) by striking paragraph (2); and (ii) by redesignating paragraph (3) as paragraph (2). (2) Opportunities to withdraw election not to enroll.--(A) Section 3018(b) of such title is amended-- (i) by inserting ``and'' at the end of paragraph (3)(C); (ii) by striking paragraph (4); and (iii) by redesignating paragraph (5) as paragraph (4). (B)(i) Section 3018A(a) of such title is amended-- (I) by striking paragraph (2); (II) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively; and (III) in paragraphs (3) and (4), as so redesignated, by striking ``paragraph (3) of this subsection'' and inserting ``paragraph (2)''. (ii) Section 3018A(c) of such title is amended by striking ``subsection (a)(3) of this section'' and inserting ``subsection (a)(2)''. (iii) Section 3018A(d)(1) of such title is amended by striking ``subsection (a)(4) of this subsection'' and inserting ``subsection (a)(3)''. (C)(i) Section 3018B(a)(1) of such title is amended-- (I) by striking subparagraph (B); (II) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively; and (III) in subparagraphs (C) and (D), as so redesignated, by striking ``subparagraph (C) of this paragraph'' and inserting ``subparagraph (B)''. (D)(i) Section 3018B(a)(2) of such title is amended-- (I) by striking subparagraph (B); (II) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively; (III) in subparagraph (B), as so redesignated, by striking ``paragraph (1)(C) of this subsection'' and inserting ``paragraph (1)(B)''; and (IV) in subparagraphs (C) and (D), as so redesignated, by striking ``subparagraph (C)'' and inserting ``subparagraph (B)''. (ii) Section 3018B(c) of such title is amended by striking ``subsection (a)(1)(C) or (a)(2)(C) of this section'' and inserting ``subsection (a)(1)(B) or (a)(2)(B)''. (iii) Section 3018B(d)(1) of such title is amended by striking ``subsection (a)(1)(D) or (a)(2)(D) of this section'' and inserting ``subsection (a)(1)(C) or (a)(2)(C)''. (E)(i) Section 3018C(a) of such title is amended-- (I) by striking paragraph (3); (II) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and (III) in paragraph (3), as so redesignated, by striking ``paragraph (5)'' and inserting ``paragraph (4)''. (ii) Section 3018C(b)(2) of such title is amended by striking ``subsection (a)(4)'' and inserting ``subsection (a)(3)''. (iii) Section 3018C(c)(1) of such title is amended by striking ``subsection (a)(5)'' and inserting ``subsection (a)(4)''. (iv) Section 3018C(e)(1) of such title is amended by striking ``elections made under subsection (a)(5)'' and inserting ``elections made under subsection (a)(4)''. (v) Section 3018C(e)(2) of such title is amended-- (I) by striking subparagraph (C); and (II) by redesignating subparagraph (D) as subparagraph (C). (3) Effective date.--The amendments made by this subsection shall take effect on October 1, 2003, and shall apply with respect to individuals applying for basic educational assistance under chapter 30 of title 38, United States Code, on or after such date. (c) Education Outreach Services to Members of the Armed Forces.-- (1) In general.--Section 3034(e)(1) of title 38, United States Code, is amended to read as follows: ``(e)(1) Not later than one year after an individual initially enters on active duty as a member of the Armed Forces, and at such additional times as the Secretary determines appropriate, the Secretary shall furnish the individual the information described in paragraph (2).''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on October 1, 2003, and shall apply to individuals whose initial obligated period of active duty under section 3011 or 3012 of title 38, United States Code, as the case may be, begins on or after such date.

Summary: Montgomery GI Bill Revitalization Act of 2003 - Amends Federal basic educational assistance provisions (the Montgomery GI Bill) to authorize enhanced educational assistance to a member of the armed forces who, after September 30, 2003: (1) first enters on active duty; (2) reenlists or continues to serve on active duty; (3) serves a continuous period of active duty of four years; or (4) serves and is discharged or released for a service-connected disability, at the convenience of the Government (after serving at least 42 months of such duty), or due to a reduction in force. Limits to 36 months the period for such enhanced assistance. Requires the payment of educational expenses under such program. Provides: (1) a monthly stipend for approved programs of education; and (2) tutorial assistance.Repeals, with respect to such assistance: (1) a required monthly reduction in pay for individuals who do not elect to participate in such assistance program; (2) a provision authorizing individuals to elect not to receive such assistance; (3) the requirement that participants complete the requirements of a high school diploma or equivalency certificate prior to the end of their initial obligated period of service in order to be eligible to receive such assistance; and (4) provisions limiting an individual's opportunity to withdraw an election not to enroll in such assistance program.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Child Welfare Response to Trafficking Act of 2014''. SEC. 2. CAPTA AMENDMENTS. Section 106 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a) is amended-- (1) in subsection (b)-- (A) in paragraph (2)(B)-- (i) by striking ``and'' at the end of clause (xxii); and (ii) by adding at the end the following: ``(xxiv) provisions and procedures to identify and assess reports involving children who are sex trafficking victims, and which may include provisions and procedures to identify and assess reports involving children who are victims of severe forms of trafficking in persons described in section of 103(9)(B) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)(B)); ``(xxv) provisions and procedures for training representatives of the State child protective services systems about identifying and assessing children who are sex trafficking victims, and which may include provisions and procedures for such training with respect to children who are victims of severe forms of trafficking in persons described in section of 103(9)(B) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)(B)); and ``(xxvi) provisions and procedures for identifying services (including the services provided by State law enforcement officials, the State juvenile justice system, and social service agencies, such as runaway and homeless youth shelters) and procedures for appropriate referral to address the needs of children who are sex trafficking victims, and which may include provisions and procedures for the identification of such services and procedures with respect to children who are victims of severe forms of trafficking in persons described in section of 103(9)(B) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)(B));''; (B) in paragraph (2)(D)-- (i) by striking ``and'' at the end of clause (v); (ii) by inserting ``and'' at the end of clause (vi); and (iii) by adding at the end the following: ``(vii) the provisions and procedures described in clauses (xxiv) and (xxvi) of subparagraph (B);''; and (C) in paragraph (4)-- (i) by striking ``and'' at the end of subparagraph (A); (ii) by striking the period at the end of subparagraph (B) and inserting ``; and''; and (iii) by adding at the end the following: ``(C) Sex trafficking victim.--The term `sex trafficking victim' means a victim of-- ``(i) sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(10))); or ``(ii) a severe form of trafficking in persons described in section 103(9)(A) of such Act (22 U.S.C. 7102(9)(A)).''; and (2) in subsection (d), by adding at the end the following: ``(17) The number of children identified under clause (xxiv) of subsection (b)(2)(B), and of such children-- ``(A) the number identified as sex trafficking victims (as defined in subsection (b)(4)(C)); and ``(B) in the case of a State that has provisions and procedures to identify children who are victims of severe forms of trafficking in persons described in section 103(9)(B) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)(B)), the number so identified.''. SEC. 3. REPORT TO CONGRESS. (a) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pension of the Senate, a report that-- (1) describes the specific type and prevalence of severe form of trafficking in persons to which children who are identified for services or intervention under the placement, care, or supervision of State, Indian tribe, or tribal organization child welfare agencies have been subjected as of the date of enactment of this Act; (2) summarizes the practices and protocols utilized by States to identify and serve-- (A) under section 106(b)(2)(B) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(2)(B)), children who are victims of trafficking; and (B) children who are at risk of becoming victims of trafficking; and (3) specifies any barriers in Federal laws or regulations that may prevent identification and assessment of children who are victims of trafficking, including an evaluation of the extent to which States are able to address the needs of such trafficked children without altering the definition of child abuse and neglect under section 3 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note). (b) Definitions.--For purposes of this section: (1) Severe form of trafficking in persons.--The term ``severe form of trafficking in persons'' has the meaning given the term in section 103(9) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)). (2) Victim of trafficking.--The term ``victim of trafficking'' has the meaning given the term in section 103(15) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(15)). Passed the House of Representatives July 25, 2014. Attest: KAREN L. HAAS, Clerk.

Summary: . Strengthening Child Welfare Response to Trafficking Act of 2014 - Amends the Child Abuse Prevention and Treatment Act to condition eligibility to receive a state grant for child abuse or neglect prevention and treatment programs on inclusion in the state plan of a certification by the governor that the state has in effect and is enforcing a state law, or is operating a statewide program, that includes provisions and procedures to: (1) identify and assess reports involving children who are sex trafficking victims (and which may also involve children who are victims of severe forms of trafficking in persons), (2) train representatives of the state child protective services about identifying and assessing such children, and (3) identify services and procedures for appropriate referral to address the needs of such children. Directs the Secretary of Health and Human Services (HHS) to report to Congress on: (1) the specific type and prevalence of severe forms of trafficking in persons to which children have been subjected who are identified for services or intervention under the placement, care, or supervision of state, Indian tribe, or tribal organization child welfare agencies; (2) the practices and protocols utilized by states to identify and serve children who are, or are at-risk of becoming, victims of trafficking; and (3) any barriers in federal laws or regulations that may prevent identification and assessment of children who are such victims.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Promise for Antibiotics and Therapeutics for Health Act'' or the ``PATH Act''. SEC. 2. LIMITED POPULATION PATHWAY FOR ANTIBACTERIAL DRUGS. Section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356) is amended-- (1) by transferring subsection (e) so that it appears before subsection (f); and (2) by adding at the end the following: ``(g) Limited Population Pathway for Antibacterial Drugs.-- ``(1) In general.--The Secretary shall establish a program under which the Secretary may, at the request of a sponsor, approve an antibacterial drug, alone or in combination with one or more drugs, as a limited population antibacterial drug, upon a determination that such drug is intended to treat a serious or life-threatening disease, condition, or infection and address an unmet medical need for such disease, condition, or infection within an identifiable limited population. ``(2) Limited population pathway.-- ``(A) In general.--The sponsor of an antibacterial drug that the Secretary determines to be eligible for approval as a limited population antibacterial drug shall be required to demonstrate the safety and effectiveness of such drug, as required under section 505(d) or section 351(a) of the Public Health Service Act, for the intended use of the drug. The Secretary shall determine the safety and effectiveness of an antibacterial drug under the limited population pathway for antibacterial drugs in accordance with subparagraph (B). An antibacterial drug shall be eligible for approval under the limited population pathway only upon the request of the sponsor. ``(B) Considerations.-- ``(i) Benefit-risk profile.--The Secretary's determination of safety and effectiveness of a limited population antibacterial drug shall reflect the benefit- risk profile of the drug in the intended limited population, taking into account the severity, rarity, or prevalence of the infection the drug is intended to treat and the availability or lack of alternative treatment for such infection. Approval of a drug under the limited population antibacterial drug pathway shall not be denied due to a lack of evidence to fully establish a favorable benefit-risk profile in a population that is broader than the intended limited population. ``(ii) Types of evidence.--In determining whether to approve a drug under the limited population pathway, the Secretary-- ``(I) shall rely on sufficient evidence, which may include traditional endpoints, alternate endpoints, or a combination of traditional and alternate endpoints, and, as appropriate, small clinical data sets; and ``(II) may rely on supplemental data, including preclinical evidence, pharmacologic or pathophysiologic evidence, nonclinical susceptibility, pharmacokinetic data, and other such confirmatory evidence as the Secretary determines appropriate. ``(3) Requirements.--With respect to a drug approved through the limited population pathway, the Secretary shall require-- ``(A) the labeling of such antibacterial drug, such as through a logo or other means, to indicate that the drug has been approved for use only in a limited population and that the safety and efficacy of the drug has been demonstrated only with respect to such limited population; and ``(B) the sponsor to submit copies of all promotional materials related to the limited population antibacterial drug, at least 30 days prior to dissemination of the materials. ``(4) Other programs.--A sponsor of a drug that seeks approval of a drug through the limited population pathway for antibacterial drugs may also seek approval of such drug under subsections (a), (b), and (c), and sections 505E and 524. ``(5) Guidance.--Not later than 18 months after the date of enactment of the Promise for Antibiotics and Therapeutics for Health Act, the Secretary shall issue draft guidance describing criteria, processes, and other general considerations for demonstrating the safety and effectiveness of limited population antibacterial drugs and how the pathway can be expanded to other therapeutic areas in addition to antibacterial infections. The Secretary may approve antibacterial drugs through such limited population pathway prior to issuing guidance under this paragraph. ``(6) Postapproval monitoring programs for antibacterial drugs.--The Secretary, in consultation with the Commissioner and other relevant heads of agencies, shall conduct postapproval monitoring programs to study how antibacterial drugs approved through the pathway under this subsection are used and to monitor changes in bacterial resistance to drugs, including drugs approved under this pathway. ``(7) Advice.--The Secretary shall provide prompt advice to the sponsor of a drug for which the sponsor seeks approval through the limited population pathway for antibacterial drugs to enable the sponsor to plan a development program to obtain the necessary data for approval of such drug through the limited population pathway for antibacterial drugs and to conduct any additional studies that would be required to gain approval of such drug for use in a broader population. ``(8) Termination of limitations.--If, after approval of a drug through the limited population pathway for antibacterial drugs, the Secretary approves a broader indication for such drug for which the sponsor applies under section 505(b) or section 351 of the Public Health Service Act, the Secretary may remove any postmarketing conditions, including requirements with respect to labeling and review of promotional materials under paragraph (3) and postapproval monitoring under paragraph (6), applicable to the approval of the drug through the limited population pathway for antibacterial drugs. ``(9) Rules of construction.-- ``(A) Standards of evidence and authority of secretary.--Nothing in this subsection shall be construed to alter the standards of evidence applicable to the review and approval of a drug under this Act or the Public Health Service Act, or to modify or limit the authority of the Secretary to approve or monitor drugs pursuant to this Act or the Public Health Service Act as authorized prior to the date of enactment of the Promise for Antibiotics and Therapeutics for Health Act. ``(B) Prescribing authority.--Nothing in this subsection shall be construed to restrict the prescribing of antibiotics or other products, including drugs approved under the limited population pathway, by health care professionals, or to limit the practice of health care. ``(10) Expansion of pathway.--Beginning on October 1, 2016, the limited population pathway for antibiotic drugs may be expanded to apply to approval of other drugs intended to treat a serious or life-threatening illness. The approval of such drugs shall be subject to the considerations and requirements described in this subsection, unless the Secretary delivers a report to Congress prior to that date explaining why such pathway should not be used for other therapeutic areas in addition to antibacterial infections.''.

Summary: Promise for Antibiotics and Therapeutics for Health Act or the PATH Act - Amends the Federal Food, Drug, and Cosmetic Act to require the Department of Health and Human Services (HHS) to establish a program to approve an antibacterial drug intended to treat a serious medical condition and address an unmet medical need within an identifiable limited population as a limited population antibacterial drug. Requires the sponsor of a drug eligible for approval as a limited population antibacterial drug to demonstrate the safety and effectiveness of the drug for its intended use. Requires an HHS determination of the safety and effectiveness of a limited population antibacterial drug to reflect the drug's benefit-risk profile in the intended limited population. Prohibits a lack of evidence of a favorable benefit-risk profile in a broader population from resulting in a denial of approval. Directs HHS to require: (1) the labeling of a limited population antibacterial drug to indicate that the drug has been approved for use only in a limited population, and (2) submission of promotional materials related to the drug prior to dissemination. Directs HHS to describe considerations for demonstrating the safety and effectiveness of limited population antibacterial drugs and how the limited population pathway can be expanded to other therapeutic areas. Requires HHS to conduct postapproval monitoring programs to study how antibacterial drugs approved through the limited population pathway are used and to monitor changes in bacterial drug resistance. Allows HHS to remove the labeling, marketing, and postapproval monitoring requirements of a limited population antibacterial drug if the drug is approved for broader use. Allows the limited population pathway to be expanded to other drugs intended to treat serious illness beginning October 1, 2016.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care COBRA OffSet Tax Savings Act of 2005'' or the ``Health Care COSTS Act of 2005'' . SEC. 2. REFUNDABLE CREDIT TO SUBSIDIZE COST OF COBRA CONTINUATION COVERAGE FOR CERTAIN INDIVIDUALS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 35 the following new section: ``SEC. 35A. CREDIT TO SUBSIDIZE COST OF COBRA CONTINUATION COVERAGE FOR CERTAIN INDIVIDUALS. ``(a) Allowance of Credit.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to 50 percent of the amount of the premium which would (but for this section) be required to be paid by such individual during the taxable year for COBRA continuation coverage under a group health plan. ``(b) Eligible Individual.--For purposes of this section-- ``(1) In general.--The term `eligible individual' means any individual-- ``(A) who receives COBRA continuation coverage under a group health plan by reason of a qualifying event described in section 4980B(f)(3), and ``(B) the modified adjusted gross income (as defined in section 221(b)(2)(C)) of whom for the taxable year does not exceed the applicable amount. ``(2) Applicable amount.--For purposes of paragraph (1), the applicable amount is $30,000 increased by $10,000-- ``(A) for the spouse of the taxpayer, and ``(B) for each individual who is a dependent (as defined in section 152) of the taxpayer. ``(c) Assignment of Credit to Plan Administrator.--The Secretary shall prescribe regulations which permit eligible individuals to assign the credit under this section to the administrator of the plan under which COBRA continuation coverage is being provided. The credit so assigned by an individual shall be treated by the administrator as a premium payment by such individual. ``(d) Other Definitions.--For purposes of this section-- ``(1) Administrator.--The term `administrator' has the meaning given such term in section 3(16) of the Employee Retirement Income Security Act of 1974. ``(2) COBRA continuation coverage.--The term `COBRA continuation coverage' means the first 18 months of continuation coverage provided pursuant to-- ``(A) section 4980B (other than subsection (f)(1) of such section insofar as it relates to pediatric vaccines), ``(B) title XXII of the Public Health Service Act, ``(C) part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (other than under section 609), ``(D) section 8905a of title 5, United States Code, or ``(E) a State program that provides continuation coverage comparable to such continuation coverage. ``(3) Group health plan.--The term `group health plan' has the meaning given such term in section 9832(a).''. (b) Clerical Amendment.--The table of sections for such subpart C is amended by inserting after the item relating to section 35 the following new item: ``Sec. 35A. Credit to subsidize cost of COBRA continuation coverage for certain individuals.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. CHANGE IN COBRA NOTICE. (a) Notices.-- (1) General notices.--In the case of notices provided under sections 606 of the Employee Retirement Income Security Act of 1974, section 2206 of the Public Health Service Act, and section 4980B(f)(6) of the Internal Revenue Code of 1986 with respect to individuals who become entitled to elect COBRA continuation coverage after the date of the enactment of this Act, such notices shall include an additional notification to the recipient of the availability of the subsidy provided under section 35A of the Internal Revenue Code of 1986. (2) Alternative notice.--In the case of COBRA continuation coverage to which the notice provisions described in paragraph (1) do not apply, the Secretary of Labor shall, in coordination with administrators of the group health plans (or other entities) who provide or administer the COBRA continuation coverage involved, assure provision of such notice. (3) Form.--The requirement of the additional notification under this subsection may be met by amendment of existing notice forms or by inclusion of a separate document with the notice otherwise required. (b) Specific Requirements.--Each additional notification under subsection (a) shall include-- (1) a description of the eligibility requirements for premium assistance under section 35A of the Internal Revenue Code of 1986, (2) the name, address, and telephone number necessary to contact the plan administrator and any other person maintaining relevant information in connection with the premium assistance, and (3) the following statement displayed in a prominent manner: ``You may be eligible to receive assistance with payment of 50 percent of your COBRA continuation coverage premiums for a duration of not to exceed 18 months.''. (c) Model Notices.--The Secretary of Labor shall prescribe models for the additional notification required under this section.

Summary: Health Care COBRA OffSet Tax Savings Act of 2005 or the Health Care COSTS Act of 2005 - Amends the Internal Revenue Code to allow certain individual taxpayers a refundable tax credit for 50% of the premium for COBRA continuation coverage under a group health plan. Requires notice of the availability of this tax credit to individuals entitled to COBRA continuation coverage.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Flexibility Amendments of 1998''. SEC. 2. FINDINGS. Congress makes the following findings: (1) States differ substantially in demographics, in school governance, and in school finance and funding. The administrative and funding mechanisms that help schools in 1 State improve may not prove successful in other States. (2) Although the Elementary and Secondary Education Act of 1965 and other Federal education statutes afford flexibility to State and local educational agencies in implementing Federal programs, certain requirements of Federal education statutes or regulations may impede local efforts to reform and improve education. (3) By granting waivers of certain statutory and regulatory requirements, the Federal Government can remove impediments for local educational agencies in implementing educational reforms and raising the achievement levels of all children. (4) State educational agencies are closer to local school systems, implement statewide educational reforms with both Federal and State funds, and are responsible for maintaining accountability for local activities consistent with State standards and assessment systems. Therefore, State educational agencies are often in the best position to align waivers of Federal and State requirements with State and local initiatives. (5) The Education Flexibility Partnership Demonstration Act allows State educational agencies the flexibility to waive certain Federal requirements, along with related State requirements, but allows only 12 States to qualify for such waivers. (6) Expansion of the waiver authority under such Act will allow for the waiver of statutory and regulatory requirements that impede implementation of State and local educational improvement plans, or that unnecessarily burden program administration, while maintaining the intent and purposes of affected programs, and maintaining such fundamental requirements as those relating to civil rights, educational equity, and accountability. (7) To achieve the State goals for the education of children in the State, the focus must be on results in raising the achievement of all students, not process. SEC. 3. EXPANSION OF THE EDUCATION FLEXIBILITY PARTNERSHIP DEMONSTRATION ACT. (a) In General.--Section 311(e) of the Goals 2000: Educate America Act (20 U.S.C. 5891(e)) is amended-- (1) in paragraph (2)-- (A) by amending subparagraph (A) to read as follows: ``(A) In general.--The Secretary may carry out an education flexibility demonstration program under which the Secretary authorizes a State educational agency that serves an eligible State to waive statutory or regulatory requirements applicable to 1 or more programs or Acts described in subsection (b) or 1 or more programs described in subpart 2 of part A of title III of the Elementary and Secondary Education Act of 1965 (except section 3136 of such Act), other than requirements described in subsection (c) of this Act and section 14401(c) of the Elementary and Secondary Education Act of 1965, for the State educational agency or any local educational agency or school within the State.''; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B); and (2) in paragraph (3), by amending subparagraph (A) to read as follows: ``(A)(i) has-- ``(I) developed a State improvement plan under section 306; ``(II) developed and implemented the challenging State content standards, challenging State student performance standards, and aligned assessments described in section 1111(b) of the Elementary and Secondary Education Act of 1965, including the requirements of that section relating to disaggregation of data, and for which local educational agencies in the State are producing the individual school performance profiles required by section 1116(a) of such Act; or ``(III) made substantial progress, as determined by the Secretary, toward developing and implementing the standards and assessments, and toward having local educational agencies in the State produce the profiles, described in subclause (I); and ``(ii) holds local educational agencies and schools accountable for meeting the educational goals described in the local applications submitted under paragraph (5), and for taking corrective actions, consistent with section 1116 of the Elementary and Secondary Education Act of 1965, for the local educational agencies that do not meet the goals; and''. (b) Authority To Issue Waivers.--Section 311(e) of the Goals 2000: Educate America Act (20 U.S.C. 5891(e)) is amended further by adding at the end the following: ``(8) Authority to issue waivers.--Notwithstanding any other provision of law, the Secretary is authorized to carry out the education flexibility demonstration program under this subsection for each of the fiscal years 1999 through 2003.''. (c) Accountability.--Section 311(f) of the Goals 2000: Educate America Act (20 U.S.C. 5891(f)) is amended by adding at the end the following: ``In the case of deciding whether to extend a State educational agency's authority to issue waivers under subsection (e), the Secretary also shall review the progress of the State educational agency to determine if such agency-- ``(1) has established procedures for increasing the percentage of elementary school and secondary school teachers in the State who have demonstrated, by traditional or alternative routes, the subject matter knowledge and pedagogical skill necessary to provide effective instruction in the content area or areas in which the teachers provide instruction; and ``(2) has decreased the percentage of elementary school and secondary school teachers teaching in high poverty elementary schools and secondary schools who do not demonstrate such knowledge and skills.''. (d) Transition Rules.-- (1) Construction.--Nothing in this Act or the amendments made by this Act shall be construed to affect the authority of a State educational agency that has been granted waiver authority under the following provisions of law: (A) Section 311(e) of the Goals 2000: Educate America Act as such section was in effect on the day before the date of enactment of this Act. (B) The proviso referring to such section 311(e) under the heading ``education reform'' in the Department of Education Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321-229). (2) Eligibility.--A State educational agency that has been granted waiver authority under a provision of law described in subparagraph (A) or (B) of paragraph (1) prior to the date of enactment of this Act shall be eligible to apply for waiver authority under section 311(e) of the Goals 2000: Educate America Act as such section is in effect on the date of enactment of this Act.

Summary: Education Flexibility Amendments of 1998 - Amends the Goals 2000: Educate America Act to authorize the Secretary of Education to allow all States to participate in the Education Flexibility Partnership Demonstration Act (Ed-Flex) program. Includes State and local programs for school technology resources under the Educational and Secondary Education Act of 1965 (ESEA) among programs for which requirements may be waived under Ed-Flex. Revises State eligibility requirements for Ed-Flex. Requires States to: (1) have approved challenging content standards, challenging performance measures, and aligned assessments in place or have made substantial progress towards having an approved plan under ESEA title I; and (2) hold local educational agencies (LEAs) accountable for meeting the educational goals submitted in their local applications for waivers, and for taking corrective actions if they have not met such goals. Authorizes the Secretary to carry out the Ed-Flex program for FY 1999 through 2003. Sets forth accountability requirements. Requires the Secretary, in deciding whether to extend the authority of a State educational agency (SEA) to issue waivers, to review the SEA's progress to determine if it has: (1) established procedures for increasing the percentage of elementary school and secondary school teachers in the State who have demonstrated, by traditional or alternative routes, subject matter knowledge and pedagogical skill to provide effective instruction in appropriate content areas; and (2) decreased the percentage of elementary school and secondary school teachers teaching in high poverty elementary schools and secondary schools who do not demonstrate such knowledge and skills.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhanced Emergency and Enforcement Authority Act''. SEC. 2. EMERGENCY ORDERS RELATED TO COMPLIANCE DURING AN EMERGENCY. Section 12(k) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(k) is amended-- (1) in paragraph (2)(A)(iii)-- (A) in subclause (I), by striking ``; or'' and inserting a semicolon; (B) in subclause (II), by striking the period and inserting ``; or''; and (C) by inserting after subclause (II) the following: ``(III) the ability of investors, issuers, brokers or dealers, transfer agents, investment advisers, or other market participants to conduct securities activities or comply with filing, reporting, delivery, or other obligations under the securities laws in a timely, orderly, or efficient manner.''; and (2) in paragraph (7)(A)(ii)-- (A) in subclause (I), by striking ``; or'' and inserting a semicolon; (B) in subclause (II), by striking ``; and'' and inserting ``; or''; and (C) by inserting after subclause (II) the following: ``(III) the ability of investors, issuers, brokers or dealers, transfer agents, investment advisers, or other market participants to conduct securities activities or comply with filing, reporting, delivery, or other obligations under the securities laws in a timely, orderly, or efficient manner; and''. SEC. 3. NATIONWIDE SERVICE OF PROCESS. (a) Securities Act of 1933.--Section 22(a) of the Securities Act of 1933 (15 U.S.C. 77v(a)) is amended by inserting after the second sentence the following: ``In any action or proceeding instituted by the Commission under this title in a United States district court for any judicial district, subpoenas issued by or on behalf of such court to compel the attendance of witnesses or the production of documents or tangible things (or both) may be served in any other district. Such subpoenas may be served and enforced without application to the court or a showing of cause, notwithstanding the provisions of rule 45(b)(2), (c)(3)(A)(ii), and (c)(3)(B)(iii) of the Federal Rules of Civil Procedure.''. (b) Securities Exchange Act of 1934.--Section 27 of the Securities Exchange Act of 1934 (15 U.S.C. 78aa) is amended by inserting after the third sentence the following: ``In any action or proceeding instituted by the Commission under this title in a United States district court for any judicial district, subpoenas issued by or on behalf of such court to compel the attendance of witnesses or the production of documents or tangible things (or both) may be served in any other district. Such subpoenas may be served and enforced without application to the court or a showing of cause, notwithstanding the provisions of rule 45(b)(2), (c)(3)(A)(ii), and (c)(3)(B)(iii) of the Federal Rules of Civil Procedure.''. (c) Investment Company Act of 1940.--Section 44 of the Investment Company Act of 1940 (15 U.S.C. 80a-43) is amended by inserting after the fourth sentence the following: ``In any action or proceeding instituted by the Commission under this title in a United States district court for any judicial district, subpoenas issued by or on behalf of such court to compel the attendance of witnesses or the production of documents or tangible things (or both) may be served in any other district. Such subpoenas may be served and enforced without application to the court or a showing of cause, notwithstanding the provisions of rule 45(b)(2), (c)(3)(A)(ii), and (c)(3)(B)(iii) of the Federal Rules of Civil Procedure.''. (d) Investment Advisers Act of 1940.--Section 214 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-14) is amended by inserting after the third sentence the following: ``In any action or proceeding instituted by the Commission under this title in a United States district court for any judicial district, subpoenas issued by or on behalf of such court to compel the attendance of witnesses or the production of documents or tangible things (or both) may be served in any other district. Such subpoenas may be served and enforced without application to the court or a showing of cause, notwithstanding the provisions of rule 45(b)(2), (c)(3)(A)(ii), and (c)(3)(B)(iii) of the Federal Rules of Civil Procedure.''.

Summary: Enhanced Emergency and Enforcement Authority Act - Amends the Securities Exchange Act of 1934 to empower the Securities and Exchange Commission (SEC) to reduce, eliminate, or prevent substantial disruption by an emergency of the ability of market participants to conduct securities activities or comply with obligations under the securities laws in a timely, orderly, or efficient manner. Amends the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Company Act of 1940 to provide that, in any action or proceeding instituted by the SEC in federal district court for any judicial district, subpoenas issued by or on behalf of such court to compel the attendance of witnesses or the production of documents or tangible things (or both) may be served in any other district (thus granting the SEC nationwide service of process).