SECTION 1. SHORT TITLE. This Act may be cited as the ``Youth Smoking Prevention Act of 1995''. SEC. 2. AUTHORITY TO REGULATE TOBACCO AND OTHER PRODUCTS CONTAINING NICOTINE. (a) Food and Drug Administration.--The Secretary of Health and Human Services does not have any authority under-- (1) the Federal Food, Drug, and Cosmetic Act, (2) the Federal Cigarette Labeling and Advertising Act, or (3) the Comprehensive Smokeless Tobacco Health Education Act of 1986, to regulate the manufacture, labeling, sale, distribution, and advertising and promotion of tobacco and other tobacco products containing nicotine. (b) Federal Authority.--The Federal authority to regulate the sale, distribution, and advertising and promotion of tobacco and other tobacco products containing nicotine is established as a condition to the receipt by States of the Federal preventive health and health services block grant. SEC. 3. REGULATION OF STATE AUTHORITY. (a) In General.--Section 1926(a)(1) of the Public Health Service Act (42 U.S.C. sec. 300x-26(a)(1)) is amended to read as follows: ``(1) In general.--Subject to paragraph (2), for fiscal year 1997 and subsequent fiscal years, the Secretary may make a grant under section 1921 only if the State involved has in effect a law which provides the following: ``(A) Minors.-- ``(i) Sales.--It shall be unlawful to sell tobacco and other tobacco products containing nicotine to an individual under the age of 18. Tobacco and other tobacco products containing nicotine may be sold only to individuals who present a document containing the individual's photograph and date of birth. Any person who violates this paragraph shall be fined in the amount that a person who sells alcoholic beverages to a minor is fined under State law. ``(ii) Purchase.--It shall be unlawful for an individual under the age of 18 to purchase any tobacco and other tobacco product containing nicotine. Any individual who violates this paragraph for the first time shall be fined not more than $100, required to perform community service, or required to attend education and training in the hazards of smoking. Any individual who violates this paragraph more than once shall be fined not more than $100, required to perform community service, and required to attend education and training in the hazards of smoking. Such education and training shall be funded by the fines collected under this paragraph. ``(iii) Identification.--It shall be unlawful for an individual to present identification for the purchase of tobacco and other tobacco products containing nicotine which is false. Any individual who violates this paragraph shall be fined not more than $250, required to perform community service, and required to attend education and training in the hazards of smoking. ``(B) Sales of specific products.--It shall be unlawful to sell-- ``(i) individual cigarettes, and ``(ii) packages of cigarettes which contain less than 20 cigarettes. Any person who violates this subsection shall be fined in the amount that a person who sells alcoholic beverages to a minor is fined under State law. ``(C) Vending machines.--No person, firm, partnership, company, or corporation shall operate a vending machine which dispenses cigarettes or smokeless tobacco products unless such vending machine is in a location that is in plain view and under the direct supervision and control of the individual in charge of the location or such individual's designated agent or employee, except that this subparagraph shall not apply in the case of a vending machine that is located-- ``(i) at a private club; ``(ii) at a bar or bar area of a food service establishment; ``(iii) at a factory, warehouse, tobacco business, or any other place of employment which has an insignificant portion of its regular workforce comprised of individuals under the age of 18 years and only if such machines are located in an area that is not accessible to the general public; ``(iv) in any place if the vending machine is equipped with a device which controls the sale of tobacco products from the machine to individuals under the age of 18; or ``(v) in such other location or made available in another manner that is expressly permitted under applicable State law. ``(D) Self-service displays.--It shall be unlawful to make tobacco and other tobacco products containing nicotine available to individuals under the age of 18 in self-service displays which are not under the supervision of an individual over the age of 18. Any person who violates this subsection shall be fined in the amount that a person who sells alcoholic beverages to a minor is fined under State law. ``(E) Samples.--It shall be unlawful to distribute free samples of tobacco and other tobacco products containing nicotine to individuals under the age of 18 through the mail or otherwise. Any person who violates this subparagraph shall be fined in the amount that a person who sells alcoholic beverages to a minor is fined under State law. ``(F) Use of mail.--It shall be unlawful to distribute tobacco and other tobacco products containing nicotine through the mail to individuals under the age of 18. Such tobacco products when distributed through the mails is nonmailable matter and such distribution shall be penalized in accordance with chapter 30 of title 39, United States Code. ``(G) General requirements applicable to sales.-- Tobacco and other tobacco products containing nicotine which are offered for sale at retail must be in the sight and control of the person responsible for making the sales. Any person offering such products for sale at retail shall post, in accordance with regulations of the State, signs stating the minimum purchase age, stating health warnings, and stating the penalties for violations of the requirements of this paragraph. Any person who violates this subparagraph shall be fined in the amount that a person who sells alcoholic beverages to a minor is fined under State law. ``(H) Notice to employees.--Each owner of a retail establishment which sells tobacco and other tobacco products containing nicotine shall notify each individual employed in the establishment as a retail sales clerk that the sale of tobacco and such products to individuals under the age of 18 and the purchase by such individuals of tobacco and such products are prohibited. Such notice shall be provided to such an employee before such employee begins work as a retail sales clerk or if such work has been begun, within 30 days of the date of the enactment of this paragraph. Such an employee shall sign a form stating that such employee has been notified of the prohibited acts. Such an owner shall retain such forms and make them available to persons conducting inspections under this paragraph. An owner who fails to make such notice or retain such a form shall be fined not less than $100 and not more than $250. ``(I) Licenses.--No person may engage in the retail sale of cigarettes without a license issued for such purpose by the State. The license shall be-- ``(i) issued in accordance with such system, ``(ii) issued for such fee, and ``(iii) issued for such term, as the State shall establish. The State shall establish penalties (including loss of license) for sales without a license and other sales in violation of this paragraph. ``(J) State responsibilities.--The State shall conduct annual random unannounced inspections of over- the-counter and vending machine outlets for the sale of tobacco and other tobacco products containing nicotine to assure that sales of tobacco and other tobacco products containing nicotine are being made in accordance with this paragraph so that individuals under the age of 18 do not have access to tobacco and other tobacco products containing nicotine. ``(K) Advertising.-- ``(i) Billboards.--Billboards which advertise tobacco and other tobacco products containing nicotine may not be placed within the line of sight of any individual in a school or in an area designated as a playground. ``(ii) Brand names and logos.--The brand name or logo of a manufacturer of tobacco and other tobacco products containing nicotine may not be placed on any item marketed specifically to minors, including toys and video games.''. (b) Conforming Amendments.--Section 1926 of the Public Health Service Act (42 U.S.C. sec. 300x-26) is amended-- (1) in subsection (a)(2), by striking ``1993'' and inserting ``1997''; (2) in subsection (a)(2), by striking ``1994'' and inserting ``1998''; and (3) in subsection (a)(2), by striking ``1995'' and inserting ``1999''; (4) in subsection (d)(1), by striking ``1995'' and inserting ``1999''; and (5) in subsection (d)(2), by striking ``1994'' and inserting ``1998''. (c) Noncompliance.--Section 1926(c) of the Public Health Service Act (42 U.S.C. sec. 300x-26(c)) is amended-- (1) in paragraph (1), by striking ``10 percent'' and inserting ``20 percent''; (2) in paragraph (2), by striking ``20 percent'' and inserting ``40 percent''; (3) in paragraph (3), by striking ``30 percent'' and inserting ``60 percent''; and (4) in paragraph (4), by striking ``40 percent'' and inserting ``80 percent''. (d) Enforcement.--Section 1926 of the Public Health Service Act (42 U.S.C. sec. 300x-26) is amended by adding at the end thereof the following: ``(e) Enforcement.--Any amounts made available to a State through a grant under section 1921 may be used to enforce the laws described in subsection (a).''. SEC. 4. REPORT. The Secretary of Health and Human Services shall make an annual report to the Congress on the actions taken by the States in compliance with section 1926(a)(1) of the Public Health Service Act as amended by section 3.

Summary: Youth Smoking Prevention Act of 1995 - Declares that the Secretary of Health and Human Services does not have any authority under the Federal Food, Drug, and Cosmetic Act, the Federal Cigarette Labeling and Advertising Act, or the Comprehensive Smokeless Tobacco Health Education Act of 1986 to regulate the manufacture, labeling, sale, distribution, and advertising and promotion of tobacco and other tobacco products containing nicotine. Establishes the Federal authority to regulate the sale, distribution, and advertising and promotion of tobacco and tobacco products containing nicotine as a condition to the receipt by State of the Federal preventive health and health services block grant. Amends the Public Health Service Act to prohibit or reduce the amount of block grants for the prevention and treatment of substance abuse based on whether a State has a law prohibiting: (1) sale of tobacco or tobacco products to individuals under the age of 18; (2) purchase of those materials by such individuals; (3) use of false identification for the purchase of those materials; (4) sale of individual cigarettes and packages of fewer than 20 cigarettes; (5) operation of a vending machine dispensing such materials unless specified requirements are met; (6) use of unsupervised self-service displays; (7) distribution of free samples to such individuals; and (8) distribution through the mail to such individuals. Sets forth general requirements regarding the sale of such materials and related notice by the owner to the employees of a retail establishment. Prohibits engaging in the retail sale of cigarettes without a license issued by the State. Sets forth State responsibilities. Regulates billboard advertising. Prohibits the placement of a tobacco manufacturer's brand name or logo on any item marketed specifically to minors, including toys and video games. Allows use of amounts available under such block grants to enforce the laws described in this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Alerting Lives through Effective and Reliable Technological Systems Act of 2008'' or the ``ALERTS Act of 2008''. SEC. 2. FINDINGS. Congress finds that-- (1) numerous proven and tested technologies exist to enable the Federal Government to enhance its public alert and warning system; (2) the expected benefits of these enhancements include-- (A) greater security, reliability, and redundancy of the system; (B) rapid alert dissemination; (C) an improved ability to notify remote locations; (D) the ability to geographically target and deliver alerts and warnings to multiple devices; and (E) the ability to permit State homeland security grants to be utilized for the purposes of modernizing public alert and warning systems; (3) there is a need to test the viability of delivering messages through diverse communications modes to effectively alert and warn the public; (4) there is a need to modernize and improve the ability of the Federal Government to provide residents of the United States with timely and effective warnings; (5) although significant Federal integration efforts are underway, the aggregation, dissemination, and reporting system necessary for effective public alert and warning will require an integrated national network for reliable, secure, and authentic dissemination of emergency alerts and warnings to and from all Federal, State, local, and tribal entities that alert the public when appropriate. SEC. 3. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION. (a) In General.--Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end of the following new section: ``SEC. 525. NATIONAL INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION. ``(a) In General.--In order to provide timely and effective warnings and disseminate homeland security and other information, the Secretary shall-- ``(1) establish a national integrated public alert and warning system (in this section referred to as `the system') not later than two years after the date of the enactment of this section; and ``(2) designate an agency within the Department to receive, aggregate, validate, and authenticate homeland security and other information originated by authorized Federal, State, local, and tribal governments to facilitate the transmission of the Commercial Mobile Alert System. ``(b) Implementation Requirements.--In carrying out subsection (a), the Secretary shall-- ``(1) establish, as appropriate, common alerting and warning protocols, standards of performance, and terminology for the system established under subsection (a)(1) by adopting, where appropriate, mechanisms that integrate various approaches developed by key stakeholders; ``(2) include in the system the capability to adapt the dissemination of homeland security and other information and the content of communications on the basis of geographic location, risks, or user preferences, as appropriate; ``(3) include in the system the capability to alert and warn populations with special needs; ``(4) ensure that the system is incorporated into the training and exercise programs of the Department; and ``(5) coordinate, to the extent practicable, with other Federal agencies and departments and with State, local, and tribal governments, and other key stakeholders to leverage existing alert and warning capabilities. ``(c) System Requirements.--The Secretary shall ensure that the system-- ``(1) incorporates redundant and diverse modes to disseminate homeland security and other information in warning messages to the public so as to reach the greatest number of individuals; ``(2) can be adapted to incorporate future technologies; ``(3) is resilient, secure, and can withstand acts of terrorism and other external attacks; ``(4) delivers alerts to populations in remote areas; and ``(5) promotes State, local, tribal, and regional partnerships to enhance coordination. ``(d) Report.--Not later than one year after the date on which the system established under subsection (a) is fully functional and every six months thereafter, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, a report on the functionality and performance of the integrated public alert and warning system, including-- ``(1) an assessment of the accomplishments and deficiencies of the system; ``(2) recommendations for improvements to the system; ``(3) information on the feasibility and effectiveness of disseminating homeland security and other information, notices, and alerts prior to and following an incident requiring use of the system. ``(e) Commercial Mobile Alert System Pilot Program.-- ``(1) In general.--Not later than three months after the date of the enactment of this section, the Secretary shall develop within the integrated public alert and warning system the commercial mobile alert system to provide rapid dissemination of homeland security and other information over commercial mobile devices and conduct a pilot program for the purpose of increasing the reach of the integrated public alert and warning system. ``(2) Scope.--The Secretary shall select at least five States to participate in the pilot program. The Secretary shall ensure the participation of States that represent a geographic (including urban and rural) cross-section of the United States and that vary in risk to acts of terrorism. ``(3) Termination.--The authority to carry out a pilot program under this section shall terminate on the date that is six months after the date of the commencement of the pilot program. ``(4) Report.--Not later than three months after the termination of the pilot program, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing-- ``(A) a description and assessment of the effectiveness of the pilot program; ``(B) any findings and conclusions of the Secretary with respect to the pilot program; and ``(C) any recommendations for improvements to the commercial mobile alert system. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $37,000,000 for fiscal year 2009 and such sums as may be necessary for each fiscal year thereafter.''. (b) Limitation on Statutory Construction.--Nothing in this Act (including the amendment made by this Act) shall be construed to affect the authority of the Department of Commerce, the Federal Communications Commission, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (c) Homeland Security Grants.--Section 2008(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53) is amended-- (1) in paragraph (12), by striking ``and'' at the end; (2) by redesignating paragraph (13) as paragraph (14); and (3) by inserting after paragraph (12) the following new paragraph: ``(13) permitting State, local, and tribal governments to improve public alert and warning capabilities; and''. (d) Criminal Acts.--It shall be unlawful to tamper or interfere with components of the system that are used or designed to deliver alerts and warnings that were purchased with public funds, including homeland security grants. A violation of section 525 of the Homeland Security Act of 2002 (as added by section 3 of this Act) shall be punishable by a fine of not more than $10,000, imprisonment for not more than ten years, or both.

Summary: Alerting Lives through Effective and Reliable Technological Systems Act of 2008 or ALERTS Act of 2008 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to: (1) establish a national integrated public alert and warning system; (2) develop within such system a commercial mobile alert system to provide rapid dissemination of information over commercial mobile devices; and (3) designate an agency within the Department of Homeland Security (DHS) to receive, aggregate, validate, and authenticate homeland security and other information originated by authorized federal, state, local, and tribal governments to facilitate the transmission of such mobile alert system. Requires the Secretary to: (1) establish common alerting and warning protocols, standards of performance, and terminology; (2) include the capability to adapt the dissemination of information and the content of communications on the basis of geographic location, risks, or user preferences and to alert special needs populations; (3) ensure that the national warning system is incorporated into DHS training and exercise programs; and (4) coordinate with other federal agencies, state, local, and tribal governments, and key stakeholders. Directs the Secretary to conduct a pilot program to increase the national warning system's reach. Amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to authorize the use of grant funds to permit state, local, and tribal governments to improve public alert and warning capabilities. Prohibits tampering or interfering with components of the national warning system that are used or designed to deliver alerts and warnings and that were purchased with public funds.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare and Medicaid Provider Review Act of 1997''. SEC. 2. REQUIRING CERTAIN PROVIDERS TO FUND ANNUAL FINANCIAL AND COMPLIANCE AUDITS AS A CONDITION OF PARTICIPATION UNDER THE MEDICARE AND MEDICAID PROGRAMS. (a) Establishment of Annual Financial and Compliance Audit Fee Schedule.--Title XI of the Social Security Act, as amended by sections 4321(c) of the Balanced Budget Act of 1997 (Public Law 105-33), is amended by inserting after section 1146 the following new section: ``compliance and financial audit fee schedule ``Sec. 1147. (a) Establishment.-- ``(1) In general.--Subject to subsection (c), the Secretary shall-- ``(A) establish a schedule of hourly rates for the conduct of annual financial and compliance audits during each fiscal year for all health care providers described in subsection (b) that receive payment under title XVIII or XIX during the year; and ``(B) provide for the conduct, in a separate office within the Department of Health and Human Services, of such audits by specially trained and qualified personnel of each provider's substantial compliance with the requirements for payment to such provider under title XVIII, title XIX, or both (whichever is applicable), including requirements relating to medical necessity and appropriate coding and documentation for services and supplies provided. ``(2) Scope of audits.--An audit of a provider under paragraph (1)(B) shall include, as appropriate, audits of related entities (including businesses owned, in whole or in part, by the provider). ``(b) Covered Providers.-- ``(1) In general.--Subject to paragraph (2), each of the following is a health care provider described in this subsection: ``(A) A hospital. ``(B) A skilled nursing facility or nursing facility. ``(C) A home health agency. ``(D) A hospice program. ``(E) A provider of clinical laboratory services. ``(F) A provider of ambulance services. ``(2) Low volume provider exemption.--The Secretary may exclude a particular health care provider described in paragraph (1) if the Secretary finds that the provider receives a small amount of revenues from titles XVIII and XIX. ``(c) Requiring Maintenance of Appropriation Level.--No rates shall be collected under subsection (a) and no audits conducted under such subsection for a fiscal year if the amount appropriated and available for the conduct of audits of the type described in subsection (a)(1)(B) for the fiscal year is less than the amount so appropriated for fiscal year 1998 or for the fiscal year preceding the fiscal year involved, whichever is greater. ``(d) Use of Funds Exclusively for Financial and Compliance Audits.--Annual payments made to the Secretary under sections 1866(a)(1)(T), 1862(a)(22), and 1903(i)(19) in the amounts specified under subsection (a) are hereby appropriated to the Secretary for the sole purpose of conducting audits described in subsection (a).''. (b) Application under Medicare Program.-- (1) Payment requirement for hospitals, skilled nursing facilities, home health agencies, and hospice programs.-- Section 1866(a)(1) of the Social Security Act, as amended by section 4321(b) of the Balanced Budget Act of 1997 (42 U.S.C. 1395cc), is amended-- (A) by striking ``and'' at the end of subparagraph (R), (B) by striking the period at the end of subparagraph (S), and (C) by inserting after subparagraph (S) the following new subparagraph: ``(T) in the case of a hospital, skilled nursing facility, home health agency, or hospice program, subject to section 1147(c), to provide for annual payment to the Secretary of the appropriate amount specified under section 1147(a) as necessary for the conduct of an annual financial and compliance audit of the hospital, facility, agency, or program under such section.''. (2) Requirement for ambulance services and clinical laboratories.--Section 1862(a) of the Social Security Act (42 U.S.C. 1395y(a)), as amended by sections 4319(b), 4432(b), 4507(a)(2)(B), 4541(b), and 4603(c)(2)(C) of the Balanced Budget Act of 1997, is amended-- (A) by striking ``or'' at the end of paragraph (20), (B) by striking the period at the end of paragraph (21) and inserting ``; or'', and (C) by inserting after paragraph (21) the following new paragraph: ``(22) where such expenses are for ambulance services or clinical laboratory services unless, subject to section 1147(c), the provider of such services has provided for annual payment to the Secretary of the appropriate amount specified under section 1147(a) as necessary for the conduct of an annual financial and compliance audit of the provider under such section.''. (c) Medicaid.--Section 1903(i) of such Act (42 U.S.C. 1396b(i)), as amended by sections 4724(a) and 4724(b) of the Balanced Budget Act of 1997 (Public Law 105-33), is amended-- (1) by striking ``or'' at the end of paragraph (17), (2) by striking the period at the end of paragraph (18) and inserting ``; or'', and (3) by inserting after paragraph (18) the following new paragraph: ``(19) with respect to any amount expended for services furnished by a covered provider described in section 1147(b) unless, subject to section 1147(c), the provider has provided for annual payment to the Secretary of the appropriate amount specified under section 1147(a) as necessary for the conduct of an annual financial and compliance audit of the provider under such section.''. (d) Report on Auditing Agencies.-- (1) Study.--The Secretary of Health and Human Services shall conduct a study of the examining and accrediting agencies that conduct audits and inspections of covered providers (described in section 1147(b) of the Social Security Act, as added by subsection (a)). Such study shall include an examination of the audits and inspections conducted by such agencies. (2) Report.--Based on the study conducted under paragraph (1), the Secretary shall submit to Congress, by not later than June 1, 1999, a report that includes recommendations on how best to coordinate and consolidate these audits and inspections to minimize unnecessary duplication. (e) Effective Date.--The amendments made by subsections (a) through (c) shall take effect as of January 1, 1998.

Summary: Medicare and Medicaid Provider Review Act of 1997 - Amends title XI of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS) to: (1) establish a schedule of hourly rates for the conduct of annual financial and compliance audits during each fiscal year for all covered health care providers that receive payments under SSA title XVIII (Medicare) or XIX (Medicaid); and (2) provide for the conduct of such audits, in a separate HHS office, by specially trained and qualified personnel of each provider's substantial compliance with the requirements for receiving such payments. Amends SSA titles XVIII and XIX to require covered providers to provide for annual payment to the Secretary of appropriate amounts for the conduct of such audits. Makes appropriations to the Secretary from such payments for the sole purpose of conducting such audits. Directs the Secretary to study and report to the Congress on examining and accrediting agencies that audit and inspect covered providers.


SECTION 1. GRANULATED POLYTETRAFLUOROETHYLENE RESIN FROM ITALY. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, the Bureau of Customs and Border Protection shall, not later than 90 days after the receipt of the request described in subsection (b), liquidate or reliquidate the entries listed in subsection (d) in accordance with the U.S. Department of Commerce Final Results of Antidumping Administrative Review (60 Fed. Reg. 53,737 (October 17, 1995)) and the corresponding internal liquidation instructions issued on July 7, 2000. (b) Request.--Liquidation or reliquidation may be made under subsection (a) with respect to an entry described in subsection (d) only if a request therefore is filed with the Bureau of Customs and Border Protection not later than 90 days after the date of the enactment of this Act. (c) Refund of Amounts Owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry described in subsection (d) (including interest from the date of entry) shall be refunded not later than 90 days after the date of such liquidation or reliquidation. (d) Entry.--The entries referred to in subsection (a) are as follows: Entry number Entry date Liquidation Date 002-0504959-6....... 07/14/92............ 12/01/00 237-0049216-0....... 08/04/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 237-0049310-1....... 08/24/92............ 12/01/00 237-0049310-1....... 08/24/92............ 12/01/00 237-0049310-1....... 08/24/92............ 12/01/00 002-0505223-6....... 09/14/92............ 12/01/00 002-0505223-6....... 09/14/92............ 12/01/00 002-0505223-6....... 09/14/92............ 12/01/00 002-0505223-6....... 09/14/92............ 12/01/00 002-0505223-6....... 09/14/92............ 12/01/00 002-0505223-6....... 09/14/92............ 12/01/00 002-0505223-6....... 09/14/92............ 12/01/00 237-0049661-7....... 10/12/92............ 11/06/98 237-0049661-7....... 10/12/92............ 11/06/98 237-0049661-7....... 10/12/92............ 11/06/98 002-0505350-7....... 10/19/92............ 12/01/00 002-0505350-7....... 10/19/92............ 12/01/00 002-0505350-7....... 10/19/92............ 12/01/00 002-0505350-7....... 10/19/92............ 12/01/00 002-0505350-7....... 10/19/92............ 12/01/00 002-0505652-6....... 12/16/92............ 06/18/93 002-0505652-6....... 12/16/92............ 06/18/93 002-0505652-6....... 12/16/92............ 06/18/93 002-0505652-6....... 12/16/92............ 06/18/93 002-0505652-6....... 12/16/92............ 06/18/93 002-0505652-6....... 12/16/92............ 06/18/93 002-0505652-6....... 12/16/92............ 06/18/93 002-0505810-0....... 01/18/93............ 05/24/96 002-0505810-0....... 01/18/93............ 05/24/96 002-0505810-0....... 01/18/93............ 05/24/96 002-0505810-0....... 01/18/93............ 05/24/96 002-0505810-0....... 01/18/93............ 05/24/96 002-0505810-0....... 01/18/93............ 05/24/96 002-0505810-0....... 01/18/93............ 05/24/96 002-0505810-0....... 01/18/93............ 05/24/96 002-0505810-0....... 01/18/93............ 05/24/96 002-0505997-5....... 02/23/93............ 09/10/93 002-0505997-5....... 02/23/93............ 09/10/93 002-0505997-5....... 02/23/93............ 09/10/93 002-0505997-5....... 02/23/93............ 09/10/93 002-0505997-5....... 02/23/93............ 09/10/93 002-0505997-5....... 02/23/93............ 09/10/93 002-0505997-5....... 02/23/93............ 09/10/93 002-0505997-5....... 02/23/93............ 09/10/93 002-0505997-5....... 02/23/93............ 09/10/93 002-0505997-5....... 02/23/93............ 09/10/93 002-0506261-5....... 03/30/93............ 05/24/96 002-0506261-5....... 03/30/93............ 05/24/96 002-0506261-5....... 03/30/93............ 05/24/96 002-0506261-5....... 03/30/93............ 05/24/96 002-0506261-5....... 03/30/93............ 05/24/96 002-0506337-3....... 04/23/93............ 05/24/96 002-0506366-2....... 04/27/93............ 05/24/96 002-0506366-2....... 04/27/93............ 05/24/96 002-0506366-2....... 04/27/93............ 05/24/96 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09/03/92............ 12/01/00 002-0505221-0....... 09/14/92............ 12/01/00 002-0505222-8....... 09/14/92............ 12/01/00 002-0505217-8....... 09/21/92............ 12/01/00 002-0505217-8....... 09/21/92............ 12/01/00 002-0505270-7....... 09/28/92............ 12/01/00 002-0505270-7....... 09/28/92............ 12/01/00 002-0505270-7....... 09/28/92............ 12/01/00 002-0505328-3....... 10/14/92............ 12/01/00 002-0505328-3....... 10/14/92............ 12/01/00 002-0505328-3....... 10/14/92............ 12/01/00 002-0505364-8....... 10/19/92............ 12/01/00 002-0505364-8....... 10/19/92............ 12/01/00 002-0505654-2....... 12/22/92............ 12/01/00 002-0505653-4....... 12/21/92............ 12/01/00 002-0505653-4....... 12/21/92............ 12/01/00 002-0505651-8....... 12/24/92............ 12/01/00 002-0505651-8....... 12/24/92............ 12/01/00 002-0505651-8....... 12/24/92............ 12/01/00 002-0505651-8....... 12/24/92............ 12/01/00 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Summary: Directs the Bureau of Customs and Border Protection to provide for the liquidation or reliquidation of certain entries of Granulated polytetrafluoroethylene resin from Italy.


SECTION 1. FINDINGS. Congress finds the following: (1) The Taiwan Relations Act (22 U.S.C. 3301 et seq.; Public Law 96-8) is the cornerstone of relations between the United States and Taiwan, which is also governed by the three joint communiques and the Six Assurances. (2) The Taiwan Relations Act has governed United States arms sales to Taiwan since 1979, when the United States extended diplomatic recognition to the People's Republic of China. (3) The Taiwan Relations Act specifies that it is United States policy, among other things, to consider any nonpeaceful means to determine Taiwan's future ``a threat'' to the peace and security of the Western Pacific and of ``grave concern'' to the United States, ``to provide Taiwan with arms of a defensive character'', and ``to maintain the capacity of the United States to resist any resort to force or other forms of coercion'' jeopardizing the security or social or economic system of Taiwan's people. (4) Section 3(a) of the Taiwan Relations Act states that ``the United States will make available to Taiwan such defense articles and defense services in such quantity as may be necessary to enable Taiwan to maintain a sufficient self- defense capability''. (5) Section 3(b) of the Taiwan Relations Act stipulates that both the President and the Congress shall determine the nature and quantity of such defense articles and services ``based solely'' upon their judgment of the needs of Taiwan. (6) Taiwan in March 2009 issued its first Quadrennial Defense Review, a robust, defense-oriented strategy that aims to shape the regional security environment and deter conflict while transforming the military into a leaner, more efficient fighting force with sustainable capabilities, thereby helping to demonstrate that Taiwan has the resolve and commitment to successfully strengthen its own defenses. (7) According to the Congressional Research Service, the executive branch has yet to send any arms transfer notifications to Congress for Taiwan during calendar year 2009, including notifications for Blackhawk helicopters, diesel submarine design, and additional Patriot PAC-3 systems, nor has it yet transferred the OSPREY class minehunter coastal ships ORIOLE (MHC-55) and FALCON (MHC-59), even though Congress authorized the sale of these ships in calendar 2008 in the Consolidated Natural Resources Act of 2008 (Public Law 110- 229). (8) Taiwanese President Ma Ying-jeou has reiterated his administration's desire to acquire United States built F-16 C/ Ds and other weapons on many public occasions, including in an April 22 address to the United States by teleconference to mark the 30th anniversary of the Taiwan Relations Act and a statement issued during a May 26 transit stop in the United States on his way to Central America for a diplomatic visit. (9) Taiwanese President Ma Ying-jeou also stated on October 2, 2009, that ``Although there are pragmatic improvements in cross-strait ties, this doesn't mean we can let our guard down.''. (10) As highlighted in the March 2009 Department of Defense annual report to Congress on China's military, ``China's armed forces are rapidly developing coercive capabilities . . . [that] could in the future be used to pressure Taiwan toward a settlement of the cross-Strait dispute on Beijing's terms while simultaneously attempting to deter, delay, or deny any possible U.S. support for the island in case of conflict.''. SEC. 2. MANDATORY CONGRESSIONAL BRIEFINGS. (a) Briefings.--Not later than 90 days after the date of the enactment of this Act and at least annually thereafter, the Secretary of State, in consultation with the Secretary of Defense, shall provide detailed briefings to Congress on-- (1) any discussions conducted between any executive branch agency and the Government of Taiwan during the covered period; and (2) any potential transfer of defense articles or defense services to the Government of Taiwan. (b) Definitions.--In this section: (1) Covered period.--The term ``covered period'' means, with respect to-- (A) the initial briefing required under subsection (a), the period beginning on the date of the enactment of this Act and ending on the date of such initial briefing; and (B) subsequent briefings required under such subsection, the period beginning on the day after the date of the most recent briefing and ending on the date of any such subsequent briefing. (2) Executive branch agency.--The term ``executive branch agency'' has the meaning given the term ``agency'' in section 551(1) of title 5, United States Code. (3) Defense article.--The term ``defense article'' has the meaning given the term in section 47 of the Arms Export Control Act (22 U.S.C. 2794). (4) Defense service.--The term ``defense service'' has the meaning given the term in section 47 of the Arms Export Control Act (22 U.S.C. 2794).

Summary: Directs the Secretary of State to provide briefings to Congress at least once a year regarding: (1) discussions conducted between any executive branch agency and the government of Taiwan; and (2) potential defense article or defense service transfers to the government of Taiwan.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Crimes Resources Act of 2009''. SEC. 2. ADDITIONAL FUNDING FOR RESOURCES TO INVESTIGATE AND PROSECUTE CRIMINAL ACTIVITY INVOLVING COMPUTERS, CRIMES OF FRAUD INVOLVING FEDERAL ECONOMIC ASSISTANCE AND RELIEF PROGRAMS, AND FINANCIAL CRIMES. (a) Additional Funding for Resources.-- (1) Authorization.--For the purposes described in subsection (b), there are authorized to be appropriated for each of the fiscal years 2010 through 2012-- (A) to the Director of the United States Secret Service, $20,000,000; (B) to the Director of the Federal Bureau of Investigation, $100,000,000; (C) to the Attorney General, for-- (i) the Criminal Division of the Department of Justice, $20,000,000; (ii) the Civil Division of the Department of Justice, $15,000,000; (iii) the Tax Division of the Department of Justice, $5,000,000; and (iv) the offices of the United States Attorneys, $50,000,000; (D) to the Inspector General of the Department of Housing and Urban Development, $30,000,000; (E) to the Chief Postal Inspector of the United States Postal Inspection Service, $30,000,000; and (F) to the Director of the Administrative Office of the United States Courts, $20,000,000. (2) Additional funding and availability.--The amounts authorized under paragraph (1) are in addition to amounts otherwise authorized in other Acts, and shall remain available until expended. (b) Use of Additional Funding.--Funds made available under subsection (a)(1) shall be used-- (1) by the recipients described in subparagraphs (A) through (E) of such subsection, to provide for resources to investigate and prosecute criminal activity involving computers, crimes of fraud involving Federal economic assistance and relief programs, and financial crimes, including mortgage fraud, securities fraud, and financial institution fraud; and (2) by the recipient described in subparagraph (F) of such subsection, for costs associated with providing defense services in cases in which a defendant is charged with criminal activity involving computers, crimes of fraud involving Federal economic assistance and relief programs, and financial crimes, including mortgage fraud, securities fraud, and financial institution fraud. SEC. 3. GRANTS FOR STATE AND LOCAL LAW ENFORCEMENT. (a) In General.--Subject to the availability of amounts provided in advance in appropriations Acts, the Assistant Attorney General for the Office of Justice Programs of the Department of Justice may award grants to States to establish and develop programs to increase and enhance enforcement against criminal activity involving computers and financial crimes, including mortgage fraud, securities fraud, and financial institution fraud. (b) Application.--To be eligible for a grant under subsection (a), a State shall submit an application to the Assistant Attorney General for the Office of Justice Programs of the Department of Justice at such time, in such manner, and containing such information, including as described in subsection (d), as the Assistant Attorney General may require. (c) Use of Grant Amounts.--A grant awarded to a State under subsection (a) shall be used by a State to establish and develop programs to-- (1) assist State and local law enforcement agencies in enforcing State and local criminal laws relating to criminal activity involving computers and financial crimes; (2) assist State and local law enforcement agencies in educating the public to prevent and identify criminal activity involving computers and financial crimes; (3) educate and train State and local law enforcement officers and prosecutors to conduct investigations, forensic analyses of evidence, and prosecutions of criminal activity involving computers and financial crimes; (4) assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analysis of evidence of criminal activity involving computers and financial crimes; (5) assist public defenders with providing defense services to defendents in cases in which the defendant is charged with criminal activity involving computers or a financial crime, including mortgage fraud, securities fraud, and financial institution fraud; and (6) facilitate and promote communication between Federal, State, and local law enforcement to improve the sharing of Federal law enforcement expertise and information about the investigation, forensic analysis of evidence, and prosecution of criminal activity involving computers and financial crimes with State and local law enforcement officers and prosecutors, including the use of multi-jurisdictional task forces. (d) Assurances and Eligibility.--To be eligible to receive a grant under subsection (a), a State shall provide assurances to the Assistant Attorney General for the Office of Justice Programs of the Department of Justice that the State-- (1) will provide an assessment of the resource needs of the State and units of local government within that State, including criminal justice resources being devoted to the investigation and enforcement of laws related to criminal activity involving computers and financial crimes; (2) will develop a plan for coordinating the programs funded under this section with other federally funded technical assistance and training programs; and (3) will submit to the Assistant Attorney General for the Office of Justice Programs of the Department of Justice applicable reports in accordance with subsection (f). (e) Matching Funds.--The Federal share of a grant received under this section may not exceed 90 percent of the total cost of a program or proposal funded under this section unless the Assistant Attorney General for the Office of Justice Programs of the Department of Justice waives, wholly or in part, the requirements of this subsection. (f) Reports.--For each year that a State receives a grant under subsection (a) for a program, the State shall submit to the Assistant Attorney General for the Office of Justice Programs of the Department of Justice a report on the results, including the effectiveness, of such program during such year. (g) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $250,000,000 for each of the fiscal years 2010 through 2012. (2) Limitations.--Of the amount made available to carry out this section in any fiscal year, not more than 3 percent may be used for salaries and administrative expenses for the Department of Justice. (3) Minimum amount.--Each State submitting an application for, and eligible to receive, a grant under this section for a fiscal year shall be allocated under this section, in each such fiscal year, not less than 0.75 percent of the total amount appropriated in such fiscal year for grants pursuant to this section, except that not less than 0.25 percent of such total amount shall be allocated to the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands, collectively. (4) Grants to indian tribes.--Notwithstanding any other provision of this section, the Assistant Attorney General for the Office of Justice Programs of the Department of Justice may use amounts made available under this section to make grants to Indian tribes for use in accordance with this section.

Summary: Financial Crimes Resources Act of 2009 - Authorizes appropriations for FY2010-FY2012 to the U.S. Secret Service, the Federal Bureau of Investigation (FBI), the Department of Justice (DOJ), and other federal agencies for the investigation and prosecution of criminal activity involving computers, crimes of fraud involving federal economic assistance and relief programs, and financial crimes, including mortgage fraud, securities fraud, and financial institution fraud. Authorizes the Assistant Attorney General for the Office of Justice Programs of DOJ to award grants to states to establish and develop programs for enforcement against criminal activity involving computers and financial crimes.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Medical Access Raising Test Scores Health Act'', or the ``SMARTS Health Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Journal of the American Medical Association reports that protecting children's health requires two key elements, which are (A) that a caring adult is engaged in the life of the child, and (B) that there is a connection between the child and his or her school. (2) Schools offer the most natural community setting in which individuals live, work, and play. Schools are a respected element of community infrastructure and are recognized as the most valuable element in creating connection and support for children, families, and communities. (3) Primary care and behavioral health services are among the most important elements of a comprehensive approach to promoting health and education and preventing illness in children and youth. (4) School safety and violence prevention are critical to the well-being of each student, and early intervention and mental health care significantly reduce school discipline problems. (5) Good health is a prerequisite for optimal learning, and schools can help students achieve academic success by participating in efforts that promote good health, including access to regular medical and mental health care. (6) Children are experiencing increasing rates of behavioral and physical illness, such as attention deficit hyperactivity disorder (ADHD) and asthma and diabetes, and are experiencing increasing rates of obesity that portend increasing rates of diabetes, heart disease, and cancer later in life. (7) In order to be effective, new strategies for prevention must be built on community-based, community-designed, and community-implemented strategies. (8) Effective behavioral and physical health services can be provided in a school-based setting in such a way as to prevent later disease. (9) Schools are ideal settings in which to provide care for children, especially those who would otherwise have inadequate access to health services. Limited access contributes directly to the growing rates of disease among children. Prevention strategies should be joined with treatment to develop an understanding of what types of prevention can reduce rates of illness, and therefore the need for treatment. Higher rates of disease, even with adequate access to health services, portend loss of vitality and higher complications from disease. (10) School-based health programs should focus on improving behavioral and physical health, including with respect to obesity. (11) By reducing the incidence of disease, effective community-based prevention programs (whether through school- based approaches or otherwise) result in significant savings to the Federal Government and to the States by reducing expenditures in Federal and State health services programs. Such savings should be dedicated to further prevention efforts, which in turn will result in further savings. Savings that result from prevention programs should not be redirected to unrelated purposes, and prevention programs that achieve savings should not be penalized by having their funding levels reduced. SEC. 3. DEMONSTRATION GRANTS FOR EXPANSION OF SCHOOL-BASED HEALTH PROGRAMS. (a) In General.-- (1) Program of grants.--The Secretary of Health and Human Services may make demonstration grants to eligible entities for the purpose of expanding school-based health programs that are operated by such entities. (2) Consultation.--The Secretary shall coordinate the program under this section with the program under title XIX of the Social Security Act (relating to Medicaid); the program under title XXI of such Act (relating to the State children's health insurance program); programs of the Substance Abuse and Mental Health Services Administration; programs of the Health Resources and Services Administration; programs of the Centers for Disease Control and Prevention; programs of the Agency for Healthcare Research and Quality; programs of the National Institutes of Health; and the National Center on Minority Health and Health Disparities. (b) Eligible Entities.--An entity is an eligible entity for purposes of this Act if-- (1) the entity is a public or nonprofit private institution of higher education or a local educational agency; (2) the entity operates a school-based health program; (3) the health services provided by such program include preventive health services and behavioral health services, including with respect to nutrition, physical activity, and otherwise preventing or treating obesity; and (4) such program is carried out in coordination with public and nonprofit private entities in the community involved that provide health, education, or social services to children. (c) Certain Programs.--Grants under subsection (a) shall be made only to the following entities (subject to the submission of an application in accordance with subsection (d) demonstrating status as an eligible entity), and for the following purposes: (1) To the University of Maryland for expanding the school- based health program operated by such University in the vicinity of Baltimore, in the State of Maryland. (2) To the local educational agency that operates a school- based health program in an independent school district in the vicinity of Dallas, in the State of Texas, for expanding such program. (3) To the University of New Mexico for expanding the school-based health program operated by such University in the State of New Mexico. (4) To the University of California, Los Angeles, for expanding the school-based health program operated by such University in the vicinity of Los Angeles, in the State of California. (5) To the Child Study Center Outpatient Clinic, Yale University, for expanding the school-based health program operated by such Center in the vicinity of New Haven, in the State of Connecticut. (6) To the University of Illinois at Chicago, for expanding the school-based health program operated by such University in the vicinity of Chicago, in the State of Illinois. (d) Application for Grant.--A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the secretary determines to be necessary to carry out this section. (e) Outcome Goals.--In making a grant under subsection (a) for a school-based health program, the Secretary shall establish goals for the program in terms of health outcomes for the children served by the program. Such goals shall be based on the objectives established by the Secretary as part of the initiative known as Healthy People 2010, or on other measures determined by the Secretary to be appropriate. (f) Evaluations; Report.-- (1) Evaluations.--The Secretary, directly or through grants or contracts, shall provide for evaluations of the school-based programs for which grants under subsection (a) are made. Such evaluations shall determine whether the programs have met the applicable goals under subsection (e), and shall determine the extent to which the programs have increased the access of the children involved to health services, have enhanced the overall health status of the children, and have reduced disease rates. (2) Report.--Not later than December 31, 2004, the Secretary shall submit to the Congress a report that describes the findings made through evaluations under paragraph (1) and that provides the recommendations of the Secretary for a comprehensive national program to provide grants for the establishment and operation of school-based health programs, including a recommendation on the amount of funds that should be made available for the comprehensive national program, taking into account the savings that can be achieved in Federal and State health services programs by reducing the incidence of disease in the populations served by the program. (g) Definitions.-- (1) The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965. (2) The term ``local educational agency'' has the meaning given such term in section 9101(26) of the Elementary and Secondary Education Act of 1965. (3) The term ``Secretary'' means the Secretary of Health and Human Services. (h) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2003 through 2008.

Summary: Student Medical Access Raising Test Scores Health Act - SMARTS Health Act - Authorizes the Secretary of Health and Human Services to make demonstration grants to expand school-based health programs.Directs the Secretary to coordinate such grants program with other specified health programs.Limits the making of such grants to the following eligible entities, for expansion of the following school-based health programs: (1) the University of Maryland, for its program in the Baltimore, Maryland, vicinity; (2) the local educational agency for its program in an independent school district in the Dallas, Texas, vicinity; (3) the University of New Mexico for its program in New Mexico; (4) the University of California, Los Angeles, for its program in the Los Angeles, California, vicinity; (5) the Child Study Center Outpatient Clinic, Yale University, for its program in the New Haven, Connecticut, vicinity; and (6) the University of Illinois at Chicago, for its program in the Chicago, Illinois, vicinity.Directs the Secretary, in making such a grant, to establish goals for the program in terms of health outcomes for the children served.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Strategic Deterrent Sustainment Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The strategic forces of the United States remain a cornerstone of United States national security. (2) The 2001 Nuclear Posture Review states that it is the current policy of the United States that intercontinental ballistic missiles (ICBMs), submarine-launched ballistic missiles, and long-range nuclear-armed bombers play a critical role in the defense capabilities of the United States, its allies, and friends. (3) The dispersed and alert Minuteman III intercontinental ballistic missile system provides the most responsive, stabilizing, and cost-effective strategic force. (4) Section 139 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2114) requires the Secretary of the Air Force to modernize Minuteman III intercontinental ballistic missiles in the United States inventory so as to maintain a sufficient supply of launch test assets and spares to sustain the deployed force of such missiles through 2030. (5) The modernization program for the Minuteman III intercontinental ballistic missile is nearing completion. Once that program is complete, there will be no program to sustain the capability of the United States industrial base to modernize or replace the intercontinental ballistic missiles that constitute the sole land-based strategic deterrent system of the United States. (6) As an example, motor production for the Minuteman III Propulsion Replacement Program (PRP) is currently scheduled to end in fiscal year 2009. Once the PRP program ends, the capacity of the United States industrial base to respond to matters arising from the aging and obsolescence of Minuteman III intercontinental ballistic missiles will be extremely diminished, decades-worth of critical program knowledge may be lost, and the current design of the Minuteman III intercontinental ballistic missile is likely to no longer be reproducible. SEC. 3. REPORT ON CAPABILITIES FOR SUSTAINMENT OF THE MINUTEMAN III INTERCONTINENTAL BALLISTIC MISSILE. (a) Report Required.--Not later than March 1, 2008, the Secretary of Defense shall submit to the congressional defense committees a report on the capability of the United States industrial base to achieve each of the following: (1) To maintain, modernize, and sustain the Minuteman III intercontinental ballistic missile (ICBM) system until at least 2030. (2) To replace the Minuteman III intercontinental ballistic missile with a follow-on land-based strategic deterrent system after 2030. (b) Elements.--The report required by paragraph (1) shall include the following: (1) A description of any current plans for extending the Minuteman III intercontinental ballistic missile system after the period from 2020 to 2030, including plans for testing sufficient to account for any aging and obsolescence found in the Minuteman III intercontinental ballistic missile during the remaining life of the system, and an assessment of the risks associated with such plans after the shutdown of associated production lines. (2) A description of any current plans to maintain the Minuteman III intercontinental ballistic missile system after 2030, including an assessment of any risks associated with such plans after the shutdown of associated production lines. (3) An explanation why the Minuteman III intercontinental ballistic missile system, the only United States land-based strategic deterrent system, is no longer considered to be of the highest national defense urgency, as indicated by inclusion of the system on the so-called ``DX-Rated Program List'' while the sea-based strategic deterrent system, the Trident II D5 missile system, is still on the so-called ``DX-list''. (4) An analysis of existing commonalities between the service life extension program for the Trident II D5 missile system and any equivalent planned service life extension program for the Minuteman III intercontinental ballistic missile system, including an analysis of the impact on materials, the supplier base, production facilities, and the production workforce of extending all or part of the service life extension program for the Trident II D5 missile system to a service life extension program for the Minuteman III intercontinental ballistic missile system. (5) An assessment of the adequacy of current and anticipated programs, such as missile defense, space launch, and prompt global strike programs, to support the industrial base for the Minuteman III intercontinental ballistic missile system, including an analysis of the impact on materials, the supplier base, production facilities, and the production workforce of extending all or part of any such program to the program for the Minuteman III intercontinental ballistic missile system. (c) Comptroller General Review.--Not later than 60 days after submittal under subsection (a) of the report required by that subsection, the Comptroller General of the United States shall submit to the congressional defense committees a report setting forth the Comptroller General's assessment of the matters contained in the report under subsection (a), including an assessment of the consistency of the budget of the President for fiscal year 2009, as submitted to Congress pursuant to section 1105 of title 31, United States Code, with the matters contained in the report under subsection (a). (d) Congressional Defense Committees Defined.--In this section, the term ``congressional defense committees'' means-- (1) the Committee on Armed Services and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.

Summary: Strategic Deterrent Sustainment Act of 2007 - Directs the Secretary of Defense to report to the congressional defense committees respecting the capability of the U.S. industrial base to: (1) maintain, modernize, and sustain the Minuteman III intercontinental ballistic missile (ICBM) system until at least 2030; and (2) replace the Minuteman III intercontinental ballistic missile with a follow-on land-based strategic deterrent system after 2030.


SECTION 1. SHORT TITLE. This Act may be cited as the ``9/11 Commission Civil Liberties Board Act''. SEC. 2. FINDINGS. Congress finds the following: (1) On July 22, 2004 the National Commission on Terrorist Attacks Upon the United States (also known as the 9/11 Commission) issued a report that included 41 specific recommendations to help prevent future terrorist attacks, including details of a global strategy and government reorganization necessary to implement that strategy. (2) One of the recommendations focused on the protections of civil liberties. Specifically the following recommendation was made: ``At this time of increased and consolidated government authority, there should be a board within the executive branch to oversee adherence to the guidelines we recommend and the commitment the government makes to defend our civil liberties.''. (3) The report also states that ``the choice between security and liberty is a false choice, as nothing is more likely to endanger America's liberties than the success of a terrorist attack at home. Our History has shown that the insecurity threatens liberty at home. Yet if our liberties are curtailed, we lose the values that we are struggling to defend.''. (4) On December 17, 2004, Public Law 108-458, the National Intelligence Reform Act, was signed into law. This law created a civil liberties board that does not have the authority necessary to protect civil liberties. (5) The establishment and adequate funding of a Privacy and Civil Liberties Oversight Board was a crucial recommendation made by the 9/11 Commission. (6) In its Final Report on 9/11 Commission Recommendations, the Commission noted ``very little urgency'' and ``insufficient'' funding as it relates to the establishment of the Privacy and Civil Liberties Oversight Board. (7) While the President's budget submission for fiscal year 2006 included $750,000 for the Privacy and Civil Liberties Oversight Board, the President's budget submission for fiscal year 2007 does not contain a funding line for the Board. SEC. 3. MAKING THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD INDEPENDENT. Section 1061(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 is amended by striking ``within the Executive Office of the President'' and inserting ``as an independent agency within the Executive branch''. SEC. 4. REQUIRING ALL MEMBERS OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD BE CONFIRMED BY THE SENATE. Subsection (e) of section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 is amended to read as follows: ``(e) Membership.-- ``(1) Members.--The Board shall be composed of a full-time chairman and 4 additional members, who shall be appointed by the President, by and with the advice and consent of the Senate. ``(2) Qualifications.--Members of the Board shall be selected solely on the basis of their professional qualifications, achievements, public stature, expertise in civil liberties and privacy, and relevant experience, and without regard to political affiliation, but in no event shall more than 3 members of the Board be members of the same political party. The President shall, before appointing an individual who is not a member of the same political party as the President consult with the leadership of that party, if any, in the Senate and House of Representatives. ``(3) Incompatible office.--An individual appointed to the Board may not, while serving on the Board, be an elected official, officer, or employee of the Federal Government, other than in the capacity as a member of the Board. ``(4) Term.--Each member of the Board shall serve a term of six years, except that-- ``(A) a member appointed to a term of office after the commencement of such term may serve under such appointment only for the remainder of such term; ``(B) upon the expiration of the term of office of a member, the member shall continue to serve until the member's successor has been appointed and qualified, except that no member may serve under this subparagraph-- ``(i) for more than 60 days when Congress is in session unless a nomination to fill the vacancy shall have been submitted to the Senate; or ``(ii) after the adjournment sine die of the session of the Senate in which such nomination is submitted; and ``(C) the members initially appointed under this subsection shall serve terms of two, three, four, five, and six years, respectively, from the effective date of this Act, with the term of each such member to be designated by the President. ``(5) Quorum and meetings.--The Board shall meet upon the call of the chairman or a majority of its members. Three members of the Board shall constitute a quorum.''. SEC. 5. SUBPOENA POWER FOR THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD. Section 1061(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 is amended-- (1) so that subparagraph (D) of paragraph (1) reads as follows: ``(D) require, by subpoena issued at the direction of a majority of the members of the Board, persons (other than departments, agencies, and elements of the executive branch) to produce any relevant information, documents, reports, answers, records, accounts, papers, and other documentary or testimonial evidence.''; and (2) so that paragraph (2) reads as follows: ``(2) Enforcement of subpoena.--In the case of contumacy or failure to obey a subpoena issued under paragraph (1)(D), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found may issue an order requiring such person to produce the evidence required by such subpoena.''. SEC. 6. REPORTING REQUIREMENTS. (a) Duties of Board.--Paragraph (4) of section 1061(c) of the Intelligence Reform and Terrorism Prevention Act of 2004 is amended to read as follows: ``(4) Reports.-- ``(A) Receipt, review, and submission.-- ``(i) In general.--The Board shall-- ``(I) receive and review reports from privacy officers and civil liberties officers described in section 212; and ``(II) periodically submit, not less than semiannually, reports to the appropriate committees of Congress, including the Committees on the Judiciary of the Senate and the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Government Reform of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives, and to the President. Such reports shall be in unclassified form to the greatest extent possible, with a classified annex where necessary. ``(ii) Contents.--Not less than 2 reports the Board submits each year under clause (i)(II) shall include-- ``(I) a description of the major activities of the Board during the preceding period; ``(II) information on the findings, conclusions, and recommendations of the Board resulting from its advice and oversight functions under subsection (c); ``(III) the minority views on any findings, conclusions, and recommendations of the Board resulting from its advice and oversight functions under subsection (c); and ``(IV) each proposal reviewed by the Board under subsection (c)(1) that the Board advised against implementing, but that notwithstanding such advice, was implemented. ``(B) Informing the public.--The Board shall-- ``(i) make its reports, including its reports to Congress, available to the public to the greatest extent that is consistent with the protection of classified information and applicable law; and ``(ii) hold public hearings and otherwise inform the public of its activities, as appropriate and in a manner consistent with the protection of classified information and applicable law.''. (b) Privacy and Civil Liberties Officers.--Section 1062 of the Intelligence Reform and Terrorism Prevention Act of 2004 is amended to read as follows: ``SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS. ``(a) Designation and Functions.--The Attorney General, the Secretary of Defense, the Secretary of State, the Secretary of the Treasury, the Secretary of Health and Human Services, the Secretary of Homeland Security, the National Intelligence Director, the Director of the Central Intelligence Agency, any other entity within the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)), and the head of any other department, agency, or element of the executive branch designated by the Privacy and Civil Liberties Oversight Board to be appropriate for coverage under this section shall designate not less than 1 senior officer to-- ``(1) assist the head of such department, agency, or element and other officials of such department, agency, or element in appropriately considering privacy and civil liberties concerns when such officials are proposing, developing, or implementing laws, regulations, policies, procedures, or guidelines related to efforts to protect the Nation against terrorism; ``(2) periodically investigate and review department, agency, or element actions, policies, procedures, guidelines, and related laws and their implementation to ensure that such department, agency, or element is adequately considering privacy and civil liberties in its actions; ``(3) ensure that such department, agency, or element has adequate procedures to receive, investigate, respond to, and redress complaints from individuals who allege such department, agency, or element has violated their privacy or civil liberties; and ``(4) in providing advice on proposals to retain or enhance a particular governmental power the officer shall consider whether such department, agency, or element has established-- ``(A) that the power actually enhances security and the need for the power is balanced with the need to protect privacy and civil liberties; ``(B) that there is adequate supervision of the use by such department, agency, or element of the power to ensure protection of privacy and civil liberties; and ``(C) that there are adequate guidelines and oversight to properly confine its use. ``(b) Exception to Designation Authority.-- ``(1) Privacy officers.--In any department, agency, or element referred to in subsection (a) or designated by the Board, which has a statutorily created privacy officer, such officer shall perform the functions specified in subsection (a) with respect to privacy. ``(2) Civil liberties officers.--In any department, agency, or element referred to in subsection (a) or designated by the Board, which has a statutorily created civil liberties officer, such officer shall perform the functions specified in subsection (a) with respect to civil liberties. ``(c) Supervision and Coordination.--Each privacy officer or civil liberties officer described in subsection (a) or (b) shall-- ``(1) report directly to the head of the department, agency, or element concerned; and ``(2) coordinate their activities with the Inspector General of such department, agency, or element to avoid duplication of effort. ``(d) Agency Cooperation.--The head of each department, agency, or element shall ensure that each privacy officer and civil liberties officer-- ``(1) has the information, material, and resources necessary to fulfill the functions of such officer; ``(2) is advised of proposed policy changes; ``(3) is consulted by decisionmakers; and ``(4) is given access to material and personnel the officer determines to be necessary to carry out the functions of such officer. ``(e) Reprisal for Making Complaint.--No action constituting a reprisal, or threat of reprisal, for making a complaint or for disclosing information to a privacy officer or civil liberties officer described in subsection (a) or (b), or to the Privacy and Civil Liberties Oversight Board, that indicates a possible violation of privacy protections or civil liberties in the administration of the programs and operations of the Federal Government relating to efforts to protect the Nation from terrorism shall be taken by any Federal employee in a position to take such action, unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. ``(f) Periodic Reports.-- ``(1) In general.--The privacy officers and civil liberties officers of each department, agency, or element referred to or described in subsection (a) or (b) shall periodically, but not less than quarterly, submit a report on the activities of such officers-- ``(A)(i) to the appropriate committees of Congress, including the Committees on the Judiciary of the Senate and the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Government Reform of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives; ``(ii) to the head of such department, agency, or element; and ``(iii) to the Privacy and Civil Liberties Oversight Board; and ``(B) which shall be in unclassified form to the greatest extent possible, with a classified annex where necessary. ``(2) Contents.--Each report submitted under paragraph (1) shall include information on the discharge of each of the functions of the officer concerned, including-- ``(A) information on the number and types of reviews undertaken; ``(B) the type of advice provided and the response given to such advice; ``(C) the number and nature of the complaints received by the department, agency, or element concerned for alleged violations; and ``(D) a summary of the disposition of such complaints, the reviews and inquiries conducted, and the impact of the activities of such officer. ``(g) Informing the Public.--Each privacy officer and civil liberties officer shall-- ``(1) make the reports of such officer, including reports to Congress, available to the public to the greatest extent that is consistent with the protection of classified information and applicable law; and ``(2) otherwise inform the public of the activities of such officer, as appropriate and in a manner consistent with the protection of classified information and applicable law. ``(h) Savings Clause.--Nothing in this section shall be construed to limit or otherwise supplant any other authorities or responsibilities provided by law to privacy officers or civil liberties officers. ``(i) Protections for Human Research Subjects.--The Secretary of Homeland Security shall ensure that the Department of Homeland Security complies with the protections for human research subjects, as described in part 46 of title 45, Code of Federal Regulations, or in equivalent regulations as promulgated by such Secretary, with respect to research that is conducted or supported by such Department.''. SEC. 7. INCLUSION IN PRESIDENT'S BUDGET SUBMISSION TO CONGRESS. Section 1105(a) of title 31, United States Code, is amended by adding at the end the following new paragraph: ``(36) a separate statement of the amount of appropriations requested for the Privacy and Civil Liberties Oversight Board.''.

Summary: 9/11 Commission Civil Liberties Board Act - Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to make the Privacy and Civil Liberties Oversight Board (Board) an independent agency within the Executive branch. (Currently, such Board is established within the Executive Office of the President.) Requires the Board to be composed of a full-time chairman and four additional members, all to be confirmed by the Senate. Prohibits Board members, while so serving, from being an elected official, officer, or employee of the Federal Government. Provides six-year terms. Gives the Board subpoena power. Requires the Board to: (1) receive and review reports from privacy and civil liberties officers; and (2) report at least semiannually to specified congressional committees on Board activities and other appropriate matters. Directs the heads of specified Federal agencies to designate at least one senior officer for appropriate assistance with respect to privacy and civil liberties concerns as they relate to terrorism prevention. Directs the Secretary of Homeland Security to ensure that the Department of Homeland Security complies with the protections for human research subjects in research conducted or supported by such Department. Requires within the President's annual budget submission to Congress a separate statement of the amount of appropriations requested for the Board.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Marginal Well Production Preservation and Enhancement Act''. SEC. 2. TAX TREATMENT FOR PROLONGED MARGINAL PRODUCTION. (a) Increase in Percentage Depletion for Oil and Natural Gas Produced From Marginal Properties.-- (1) In general.--Paragraph (6) of section 613A(c) of the Internal Revenue Code of 1986 (relating to oil and natural gas produced from marginal properties) is amended to read as follows: ``(6) Oil and natural gas produced from marginal properties.-- ``(A) In general.--Except as provided in subsection (d)-- ``(i) the allowance for depletion under section 611 shall be computed in accordance with section 613 with respect to the taxpayer's marginal production of domestic crude oil and domestic natural gas, and ``(ii) 27.5 percent shall be deemed to be specified in subsection (b) of section 613 for purposes of subsection (a) of that section. ``(B) Coordination with other production of domestic oil and natural gas.--For purposes of this subsection-- ``(i) no allowance for depletion shall be allowed by reason of paragraph (1) with respect to the taxpayer's marginal production of domestic crude oil and domestic natural gas, and ``(ii) such production shall not be taken into account-- ``(I) in determining under paragraph (1) how much of the taxpayer's depletable oil quantity or depletable natural gas quantity has been used, or ``(II) for purposes of applying subparagraph (A), (B), or (C) of paragraph (7). ``(C) Marginal production.--The term `marginal production' means domestic crude oil or domestic natural gas which is produced during any taxable year from a property which-- ``(i) is a stripper well property for the calendar year in which the taxable year begins, or ``(ii) is a property substantially all of the production of which during such calendar year is heavy oil. ``(D) Stripper well property.--For purposes of this paragraph, the term `stripper well property' means, with respect to any calendar year, any property with respect to which the amount determined by dividing-- ``(i) the average daily production of domestic crude oil and domestic natural gas from producing wells on such property for such calendar year, by ``(ii) the number of such wells, is 15 barrel equivalents or less. ``(E) Heavy oil.--For purposes of this paragraph, the term `heavy oil' means domestic crude oil produced from any property if such crude oil had a weighted average gravity of 20 degrees API or less (corrected to 60 degrees Fahrenheit). ``(F) Nonapplication of taxable income limit with respect to marginal production.--The second sentence of subsection (a) of section 613 shall not apply to so much of the allowance for depletion as is determined under subparagraph (A).''. (2) Conforming amendments.-- (A) Section 613A(c)(3) of the Internal Revenue Code of 1986 (defining depletable oil quantity) is amended to read as follows: ``(3) Depletable oil quantity.--For purposes of paragraph (1), the taxpayer's depletable oil quantity shall be 1,000 barrels.''. (B) Subparagraphs (A) and (B) of section 613A(c)(7) of such Code are each amended by striking ``or (6), as the case may be''. (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2008. (b) 1-Year Extension of Suspension of Taxable Income Limit.-- Section 613A(c)(6)(H)(ii) of the Internal Revenue Code of 1986 (relating to temporary suspension of taxable income limit with respect to marginal production) is amended by striking ``2010'' and inserting ``2011''. SEC. 3. OIL AND GAS WELLS AND PIPELINE FACILITIES TECHNICAL AMENDMENT. Section 112(n)(4)(A) of the Clean Air Act (42 U.S.C. 7412(n)(4)(A)) is amended by striking ``this section'' and inserting ``this Act''. SEC. 4. NATIONAL RESPONSE SYSTEM. Section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) is amended by striking paragraph (1) and inserting the following: ``(1) System.-- ``(A) Definition of wastewater treatment facility.--In this paragraph, the term `wastewater treatment facility' includes produced water from an oil production facility. ``(B) Regulations.--Consistent with the National Contingency Plan required under subsection (d), as soon as practicable after the effective date of this section, and from time to time thereafter, the President shall promulgate regulations consistent with maritime safety and marine and navigation laws-- ``(i) establishing methods and procedures for removal of discharged oil and hazardous substances; ``(ii) establishing criteria for the development and implementation of local and regional oil and hazardous substance removal contingency plans; ``(iii) establishing procedures, methods, and requirements and other requirements for equipment to prevent discharges of oil and hazardous substances from vessels and from onshore facilities and offshore facilities (other than wastewater treatment facilities), and to contain those discharges; and ``(iv) governing the inspection of vessels carrying cargoes of oil and hazardous substances and the inspection of those cargoes in order to reduce the likelihood of discharges of oil from vessels in violation of this section. ``(C) Small facilities.--In carrying out clause (iii) of subparagraph (B), not later than 1 year after the date of enactment of that clause, the Administrator shall establish procedures, methods, and equipment requirements and other requirements for, and consider the cost-effectiveness of those requirements on, small facilities (including agricultural and oil production facilities) to prevent discharges from facilities and offshore facilities, and to contain those discharges, by developing regulations based on storage volume and capacity that, with respect to those small facilities-- ``(i) apply to any facility the total oil storage capacity of which is at least 1,320 gallons but less than 50,000 gallons, and at which no single tank exceeds a nominal capacity of 21,000 gallons; and ``(ii) establish minimal requirements and plans by eliminating engineer certification, flow lines, loading and unloading areas, integrity testing, and other requirements, as determined by the Administrator, that do not take into consideration and meet cost- effectiveness standards.''. SEC. 5. RECOVERY PERIOD FOR DEPRECIATION OF PROPERTY USED TO INJECT QUALIFIED TERTIARY INJECTANTS. (a) In General.--Section 168(e)(3)(A) of the Internal Revenue Code of 1986 (defining 3-year property) is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) any qualified tertiary injectant property.''. (b) Qualified Tertiary Injectant Property.--Section 168(e) of the Internal Revenue Code of 1986 (relating to classification of property) is amended by adding at the end the following new paragraph: ``(9) Qualified tertiary injectant property.--The term `qualified tertiary injectant property' means-- ``(A) any property-- ``(i) the principal use of which is to inject any tertiary injectant as a part of a tertiary recovery method (as defined in section 193(b)(3)), or ``(ii) which is a pipeline used to carry any tertiary injectant in connection with such tertiary recovery method, and ``(B) which has a class life of more than 4 years.''. (c) Alternative System.--The table contained in section 168(g)(3)(B) of the Internal Revenue Code of 1986 is amended by inserting after the item relating to subparagraph (A)(iii) the following new item: ``(A)(iv).............................................. 7''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date.

Summary: Marginal Well Production Preservation and Enhancement Act - Amends the Internal Revenue Code to: (1) increase to 27.5% the percentage depletion allowance for domestic crude oil and natural gas production from marginal properties; (2) extend through 2010 the temporary suspension of the taxable income limit with respect to marginal production of crude oil and natural gas; and (3) accelerate to three years the recovery period of qualified tertiary injectant property for depreciation purposes. Amends the Clean Air Act with respect to emissions from small oil and gas exploration and production-related equipment. Amends the Federal Water Pollution Control Act to: (1) amend the definition of "wastewater treatment facility" to include produced water from an oil production facility; and (2) require the Administrator of the Environmental Protection Agency (EPA) to establish cost-effective minimal requirements for the prevention of oil and hazardous substance discharges for small facilities with oil storage capacities of less than 50,000 gallons at which no single tank exceeds a nominal capacity of 21,000 gallons.