SECTION 1. SHORT TITLE. This Act may be cited as the ``Bullying and Gang Prevention for School Safety and Crime Reduction Act of 2005''. SEC. 2. AMENDMENTS TO SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT REGARDING BULLYING AND GANGS. (a) Amendments to Safe and Drug-Free Schools and Communities Act.-- Part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.; commonly referred to as the ``Safe and Drug-Free Schools and Communities Act'') is amended-- (1) in the matter preceding paragraph (1) in section 4002, and in sections 4112(a)(5)(A), 4115(b)(1)(C)(i), and 4115(b)(2)(A)(i), by striking ``violence'' and inserting ``violence, bullying, and gangs''; (2) in clause (ii) of section 4112(c)(2)(D), by striking ``violence that is associated'' and inserting ``violence, bullying, and gangs that are associated''; (3) by striking the term ``drug and violence prevention'' each place such term appears and inserting ``drug, violence, bullying, and gang prevention'', including in sections 4002(1), 4002(2), 4002(4), 4112(a)(3), 4112(a)(5), 4112(c)(2)(D), 4113(a)(4), 4113(a)(5), 4113(a)(9), 4113(a)(10), 4113(a)(14), 4114(a)(1), 4114(c)(1)(A), 4114(d)(2), 4114(d)(6), 4115(a)(1)(A), 4115(b)(2)(B), 4115(b)(2)(C), 4115(b)(2)(D), 4115(b)(2)(E), 4115(d), 4116(a)(1)(B), 4121(a)(1), 4121(a)(2), and 4121(a)(5); (4) by striking the term ``drug use and violence'' each place such term appears and inserting ``drug use, violence, bullying, and gangs'', including in sections 4002(4), 4112(a)(2), 4112(c)(3)(B)(iv), 4113(a)(9)(A), 4115(b)(1)(C)(ii), 4116(a)(2)(B), and 4122(c); (5) in section 4112(c)(3)(B)(ii), by striking ``violence and drug-related'' and inserting ``violence, bullying, gang, and drug-related''; (6) in section 4114(d)(6), by striking ``acts of violence'' and inserting ``acts of violence, bullying, and gangs''; (7) in sections 4115(a)(1)(A), 4115(a)(1)(C), 4115(a)(2)(A), 4115(b)(2)(E), and 4122(a), by striking the term ``violence and illegal drug use'' each place such term appears and inserting ``violence, bullying, gangs, and illegal drug use''; (8) in section 4115(b)(2)(B), by striking the term ``violence and illegal use of drugs'' each place such term appears and inserting ``violence, bullying, gangs, and illegal use of drugs''; (9) in the matter preceding clause (i) in section 4115(b)(2)(E), and in section 4152(a), by striking the term ``Drug and violence prevention'' each place such term appears and inserting ``Drug, violence, bullying, and gang prevention''; (10) in sections 4115(b)(2)(E)(vii) and 4122(b) by striking ``illegal drug use and violence'' and inserting ``violence, bullying, gangs, and illegal drug use''; (11) in section 4115(b)(2)(E)(ix), by striking ``violent or drug abusing students'' and inserting ``violent, bullying, gang-affiliated, or drug abusing students''; (12) in section 4115(b)(2)(E)(x), by striking ``violent behavior and illegal use of drugs'' and inserting ``violent behavior, bullying, gang affiliation, and illegal use of drugs''; (13) in section 4115(b)(2)(E)(xiii)-- (A) by striking ``violence prevention and education programs'' and inserting ``violence, bullying, and gang prevention and education programs''; and (B) by striking ``resolve conflicts without violence'' and inserting ``resolve conflicts without violence, bullying, or gangs''; (14) in section 4115(b)(2)(E)(xv), by striking ``major accident, or a drug-related incident'' and inserting ``major accident, bullying incident, gang-related incident, or a drug- related incident''; (15) in sections 4115(b)(2)(E)(xviii) and 4116(b)(1), by striking ``safety hotline'' and inserting ``safety, bullying prevention, and gang prevention hotline''; (16) in section 4116(a)(1)(C), by striking ``violence and drug prevention'' and inserting ``drug, violence, bullying, and gang prevention''; (17) in section 4121(a), by striking ``illegal use of drugs and violence'' and inserting ``violence, bullying, gang activity, and illegal drug use''; (18) in section 4121(a)(4), by striking ``violence prevention and education'' and inserting ``violence, bullying, and gang prevention and education''; (19) in sections 4121(a)(6) and 4121(a)(8), by striking ``drug and violence problems'' and inserting ``drug, violence, bullying, and gang problems''; (20) in section 4122(a)(2), by striking ``and school violence'' and inserting ``school violence, bullying, gang activity,''; (21) in sections 4124(a)(1)(B) and 4124(a)(3), by striking ``substance abuse and violence prevention'' and inserting ``violence, bullying, gang, and substance abuse prevention''; (22) in section 4124(b)(4)(A)(i), by striking ``substance abuse and violence problem'' and inserting ``violence, bullying, gang, and substance abuse problem''; (23) in section 4127(c), by striking ``school violence research'' and inserting ``school violence, bullying, and gang research''; (24) in section 4128(b)(2), by striking ``such as substance abuse'' and inserting ``such as bullying, substance abuse''; (25) in section 4128(b)(4), by striking ``school violence prevention'' and inserting ``school violence, bullying, and gang prevention''; (26) in section 4130(b)(1)(B)(iv), by striking ``violence, use of dangerous weapons'' and inserting ``violence, bullying, gangs, use of dangerous weapons''; (27) in section 4130(b)(5)(B)(i), by striking ``schools with violence problems'' and inserting ``schools with violence, bullying, or gang problems''; (28) in section 4151-- (A) in paragraph (3)-- (i) by striking ``Drug and violence prevention'' in the heading and inserting ``Drug, violence, bullying, and gang prevention''; (ii) by striking ``drug and violence prevention'' each place such term appears and inserting ``drug, violence, bullying, and gang prevention''; and (iii) in subparagraph (B), by striking ``with respect to violence'' and inserting ``with respect to violence, bullying, and gangs''; and (B) in paragraphs (6) and (7), by striking ``violent behavior'' and inserting ``violent, bullying, or gang behavior''; and (29) in section 4152(a), by striking ``acts of violence'' and inserting ``acts of violence and bullying''. (b) Amendment to Omnibus Crime Control and Safe Streets Act of 1968.--Paragraph (13) of section 1801 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 2796ee; relating to juvenile accountability block grants) is amended to read as follows: ``(13) establishing and maintaining accountability-based programs that are designed to enhance school safety, which programs may include research-based bullying and gang prevention programs;''.

Summary: Bullying and Gang Prevention for School Safety and Crime Reduction Act of 2005 - Amends: (1) the Safe and Drug-Free Schools and Communities Act to cover bullying and gang (as well as drug and violence) prevention; and (2) the Omnibus Crime Control and Safe Streets Act of 1968 to authorize (with respect to juvenile accountability block grants) accountability-based programs designed to enhance school safety, which may include research-based bullying and gang prevention programs.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Scotchman Peaks Wilderness Act of 2016''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Scotchman Peaks Wilderness. Sec. 4. Administration. Sec. 5. Fire. Sec. 6. Adjacent management. Sec. 7. Indian tribes. Sec. 8. Effect. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (2) Wilderness area.--The term ``wilderness area'' means the area designated as a component of the National Wilderness Preservation System by section 3(a). SEC. 3. SCOTCHMAN PEAKS WILDERNESS. (a) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain National Forest System land in the State of Idaho comprising approximately 13,961 acres, as generally depicted on the map entitled ``Final Map Scotchman Peaks Wilderness'' and dated June 20, 2016, is designated as wilderness and as a component of the National Wilderness Preservation System and shall be known as the ``Scotchman Peaks Wilderness''. (b) Map and Legal Description.--As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a map and legal description for the wilderness area. (c) Effect.--The map and legal description submitted under subsection (b) shall have the same force and effect as if included in this Act, except that the Secretary may correct minor errors in the map or legal description. (d) Availability.--The map and legal description submitted under subsection (b) shall be available for public inspection in the appropriate offices of the Forest Service. SEC. 4. ADMINISTRATION. (a) In General.--Subject to valid existing rights, the wilderness area shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act. (b) Withdrawal.--Subject to valid existing rights, the wilderness area is withdrawn from all forms of-- (1) entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials, and geothermal leasing laws. (c) Fish and Wildlife.--Nothing in this Act affects the jurisdiction of the State of Idaho with respect to fish and wildlife on public land in the State. (d) Management Activities.--In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may carry out management activities to maintain or restore fish and wildlife populations and habitats to support fish and wildlife populations within the wilderness area if the management activities-- (1) are consistent with relevant wilderness management plans; (2) are conducted in accordance with appropriate policies, such as the policies established in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101-405), including the occasional and temporary use of motorized vehicles; and (3) as determined by the Secretary, would-- (A) promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values; and (B) accomplish the purpose of the management activity with the minimum impact necessary. SEC. 5. FIRE. In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take such measures within the wilderness area as the Secretary determines to be necessary for the control of fire, insects, and disease. SEC. 6. ADJACENT MANAGEMENT. (a) In General.--Nothing in this Act creates a protective perimeter or buffer zone around the wilderness area. (b) Activities Outside Wilderness Area.--The fact that an activity or use on land outside the wilderness area can be seen or heard within the wilderness area shall not preclude the activity or use outside the wilderness area. SEC. 7. INDIAN TRIBES. (a) Access.--In recognition of the past use of the wilderness area by Indian tribes for traditional cultural and religious purposes, the Secretary shall ensure that Indian tribes have access to the wilderness area for-- (1) traditional cultural and religious purposes; and (2) exercise of any right reserved by treaty. (b) Temporary Closures.-- (1) In general.--In carrying out this section, the Secretary, on request of an Indian tribe, may temporarily close to the general public one or more specific portions of the wilderness area to protect the privacy of the members of the Indian tribe in the conduct of the traditional cultural and religious activities in the wilderness area. (2) Requirement.--Any closure under paragraph (1) shall be made in such a manner as to affect the smallest practicable area for the minimum period of time necessary for the activity to be carried out. (c) Applicable Law.--Access to the wilderness area under this section shall be in accordance with-- (1) Public Law 95-341 (commonly known as the ``American Indian Religious Freedom Act'') (42 U.S.C. 1996); and (2) the Wilderness Act (16 U.S.C. 1131 et seq.). SEC. 8. EFFECT. Nothing in this Act diminishes the rights of any Indian tribe.

Summary: Scotchman Peaks Wilderness Act of 2016 This bill designates approximately 13,961 acres of National Forest System land in Idaho, to be known as the Scotchman Peaks Wilderness, as wilderness and a component of the National Wilderness Preservation System. The wilderness area is withdrawn from specified public land, mining, mineral leasing, mineral materials, and geothermal leasing laws. The Department of Agriculture (USDA) may carry out management activities to maintain or restore fish and wildlife populations and habitats within the wilderness area if they would: promote healthy, viable, and more naturally distributed populations that would enhance wilderness values; and accomplish the purpose of the management activity with the minimum impact necessary. USDA may take measures within the wilderness area necessary for the control of fire, insects, and disease. Nothing in this bill creates a protective perimeter or buffer zone around the wilderness area. USDA shall ensure that Indian tribes have access to the wilderness area for: traditional and cultural purposes, and the exercise of any right reserved by treaty.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Land Exchange Improvement Act of 1995''. SEC. 2. LANDS ELIGIBLE FOR APPROXIMATELY EQUAL VALUE TREATMENT. Section 206(h)(1)(A) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(h)(1)(A)) is amended by striking out ``$150,000'' and inserting in lieu thereof ``$500,000, adjusted annually on a fiscal year basis commencing in fiscal year 1997 by the average change over the previous fiscal year of the Consumer Price Index (all items--United States city average) published monthly by the Bureau of Labor Statistics''. SEC. 3. USE OF FUNDS. Section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) is amended-- (1) by inserting ``(1)'' after ``(b)''; and (2) by adding at the end the following: ``(2)(A) Amounts received by the Secretary concerned under paragraph (1) shall be deposited in a special fund in the Treasury of the United States, subject to subparagraph (B). Such amounts shall, subject to the availability of appropriations, be available to the Secretary concerned for processing land exchanges. ``(B) Amounts in the fund referred to in subparagraph (A) may not exceed $12,000,000 at any time. Amounts received by the Secretary concerned under this section which, but for this subparagraph, would be added to such fund shall instead be covered over into the Treasury of the United States as miscellaneous receipts.''. SEC. 4. EXCHANGE PROCESSING. Section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716), as amended by section 3, is further amended by adding at the end the following paragraph: ``(3)(A)(i) An environmental assessment shall be the document prepared for any exchange under this Act pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)). ``(ii) Any conferencing or consultation required for an exchange under this Act pursuant to section 7(a) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)) shall be completed within 45 days after the date on which the conferencing or consultation is initiated. ``(iii) After completion of an exchange under this Act, no action may be taken on the non-Federal land acquired in an exchange until the Secretary concerned has complied with section 102(2) of the National Environmental Policy Act of 1969 and section 7(a) of the Endangered Species Act of 1973 concerning such action, and any necessary amendment to the land management plan applicable to such land and such action. ``(B) The Secretary shall complete processing, and make a final decision, on any exchange under this Act within one year from the date of submission of the application for the exchange. ``(C) The non-Federal land to be included in any exchange under this Act shall be valued without the application of any Federal or State restriction concerning an environmental value or resource the protection of which is considered by the Secretary concerned as a public benefit to be obtained by the exchange.''. SEC. 5. MINOR BOUNDARY ADJUSTMENTS. Section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) is amended by adding at the end thereof the following: ``(j) Notwithstanding the other provisions of this Act and other applicable laws which require that exchanges of land or interests therein be for equal or approximately equal value, the Secretary concerned may dispose of lands by exchange to make such minor adjustments to the boundary of a unit of the public lands or the National Forest System as may be necessary to reflect actual conditions in the unit which are not of comparable character to the unit. In making such adjustments, the amount of land added to the unit may not exceed the amount of land removed from the unit.''. SEC. 6. REMOVAL ON RESTRICTION ON EXCHANGE OF OREGON AND CALIFORNIA RAILROAD GRANT LANDS ADMINISTERED BY THE SECRETARY OF AGRICULTURE. Subsection (a) of the first section of the Act entitled ``An Act relating to the administrative jurisdiction of certain public lands in the State of Oregon, and for other purposes'', approved June 24, 1954 (43 U.S.C. 1181g(a)), is amended by striking out the last sentence. SEC. 7. AMENDMENT TO SISK ACT RELATING TO PRIOR USE OF LANDS TO BE CONVEYED. The first section of the Act entitled ``An Act to facilitate exchanges of land under the Act of March 20, 1922(42 Stat. 465), for use for public schools, and for other purposes'', approved December 4, 1967 (16 U.S.C. 484a), is amended by striking out ``on the date of enactment of this sentence'' and inserting in lieu thereof ``for the five-year period ending on the date of conveyance''. SEC. 8. WAIVER OF PUBLIC USE REQUIREMENT FOR LANDS UNDER BANKHEAD-JONES FARM TENANT ACT. The Bankhead-Jones Farm Tenant Act is amended in section 32(c) (7 U.S.C. 1011(c)) by adding at the end the following: ``The Secretary may waive the requirements of this paragraph that lands be sold, exchanged, or granted only to public authorities and agencies and only on condition that the property is used for public purposes after the Secretary consults with the head of any other Federal agency that has a property interest in the lands, such as a federally-owned building or other improvements.''.

Summary: Federal Land Exchange Improvement Act of 1995 - Amends the Federal Land Policy and Management Act of 1976 to increase the value of public land available for "approximately equal value" exchanges out of Federal ownership. Requires: (1) funds received by the Secretary of Agriculture or the Secretary of the Interior to be deposited in a special land exchange Treasury fund, subject to a monetary ceiling (excess amounts to go into Treasury miscellaneous receipts); and (2) certain environmental and endangered species related activities as part of the exchange process. Exempts public or National Forest System lands minor boundary adjustment exchanges from equal value requirements. Amends Federal law to eliminate the exchange restriction on Oregon and California railroad grant lands. Amends Federal law to permit National Forest land exchanges for public school purposes only if the land was in use during the five-year period ending on the date of conveyance. (Current law permits exchange if in use as of January 12, 1983.) Amends the Bankhead-Jones Farm Tenant Act to waive the public use requirement for exchanges under such Act.


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SECTION 1. RESTORATION OF WASHINGTON SQUARE. (a) Restoration.--The Secretary of the Interior (acting through the Director of the National Park Service) is authorized to provide a grant to the City of Philadelphia to undertake the restoration of the area known as Washington Square, as depicted on the map numbered 391-80,016 and dated September 1994. Such grant may not be used to fund more than 66.6 percent of the costs of such restoration. The grant shall be conditioned on the conduct of such restoration in accordance with such standards as may be established by the Secretary in order to facilitate the inclusion of the square in Independence National Historical Park pursuant to section 2 of this Act. Such standards shall provide for the use of the most cost-efficient design and materials that are both consistent with the historical values of the square and suitable for inclusion in Independence National Historical Park. The grant shall also be conditioned upon the entrance by the city into a memorandum of understanding with the Secretary with respect to the long-term lease and administration of the square. (b) Offset of Funding.--Any Federal funds, other than those authorized to be appropriated under this Act, that are appropriated for the purpose of restoring Washington Square (as depicted on the map referred to in subsection (a)) shall be used to offset any funds made available to the National Park Service pursuant to this Act. (c) Authorization of Appropriations.--There is authorized to be appropriated for the purposes of this section not more than $2,600,000 for the fiscal year 1995. SEC. 2. INCLUSION WITHIN INDEPENDENCE NATIONAL HISTORICAL PARK. Upon completion of the restoration, pursuant to section 1, of Washington Square (as depicted on the map referred to in section 1), the Secretary of the Interior is authorized to enter into a lease agreement with the city of Philadelphia for the lease of such area to the National Park Service for an amount not to exceed $1 per year, and to acquire such area or an interest in the area by donation, and the Secretary is authorized to modify the boundaries of Independence National Historical Park to include such area within such boundaries, and to provide for the administration of such area as part of such Park. SEC. 3. ROLE OF CITY OF PHILADELPHIA. In accordance with the terms set forth in the Memorandum of Understanding signed by the Department of the Interior, the city of Philadelphia, and the Fairmount Park Commission and dated November 25, 1991, and as a condition of receiving the grant referred to in section 1(a), the city of Philadelphia shall provide, without cost to the Federal Government, services for Washington Square (as depicted on the map referred to in section 1) with respect to electricity, natural gas, water and sewer, curbside garbage collection of bagged trash or receipt of hauled trash at a city collection point, and police services comparable to those provided in the surrounding community.

Summary: Authorizes the Secretary of the Interior, acting through the Director of the National Park Service, to provide a grant to Philadelphia, Pennsylvania, to undertake the restoration of Washington Square in accordance with the standards established to facilitate its inclusion in Independence National Historical Park and upon the entrance by the city into a memorandum of understanding with the Secretary concerning the long-term lease and administration of the Square. Requires such standards to provide for the use of the most cost-efficient design and materials that are consistent with the historical values of the Square and suitable for inclusion in the Park. Prohibits such grant from being used to fund more than 66.6 percent of the costs of such restoration. Requires Federal funds, other than those authorized to be appropriated under this Act, that are appropriated for the purpose of restoring the Square, to be used to offset any funds made available to the National Park Service pursuant to this Act. Authorizes appropriations for FY 1995. Authorizes the Secretary to: (1) enter into an agreement with Philadelphia for the lease of the restored Square to the Service in an amount not to exceed one dollar per year; (2) acquire such Square or an interest in it by donation; (3) modify the Park's boundaries to include the Square; and (4) provide for the administration of the Square as part of the Park. Requires Philadelphia to provide, without cost to the Government, services for the Square with respect to electricity, natural gas, water and sewer, curbside garbage collection of bagged trash or receipt of hauled trash at a city collection point, and police services comparable to those provided in the surrounding community.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Wild Sky Wilderness and Backcountry Wilderness Management Area Act of 2004''. SEC. 2. ADDITION OF WILD SKY WILDERNESS TO NATIONAL WILDERNESS PRESERVATION SYSTEM. (a) Designation.--Certain Federal lands in the State of Washington comprising approximately 92,722 acres, as generally depicted on the map entitled ``Wild Sky Wilderness and Backcountry Wilderness Management Area Proposal'' and dated September 2004, are hereby designated as wilderness and, therefore, as a component of the National Wilderness Preservation System. The Federal lands designated as wilderness by this subsection shall be known as the Wild Sky Wilderness. (b) Maps and Legal Descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall file a map and a legal description for the Wild Sky Wilderness with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture may correct clerical and typographical errors in the legal description and map. The map and legal description shall be on file and available for public inspection in the office of the Chief of the Forest Service. (c) Administration.--Subject to valid existing rights, the Secretary of Agriculture shall manage the Wild Sky Wilderness in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that, with respect to the Wild Sky Wilderness, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. To fulfill the purposes of this Act and the Wilderness Act and to achieve administrative efficiencies, the Secretary may manage the Wild Sky Wilderness as a comprehensive part of the larger complex of adjacent and nearby wilderness areas. (d) Maintenance and Use of Certain Structures.-- (1) Repeater site.--Within the Wild Sky Wilderness, the Secretary of Agriculture is authorized to use helicopter access to construct and maintain a joint Forest Service and Snohomish County repeater site, in compliance with a Forest Service approved communications site plan, for the purposes of improving communication for safety, health, and emergency services. (2) Evergreen mountain lookout.--The designation of the Wild Sky Wilderness shall not preclude the operation and maintenance of the Evergreen Mountain Lookout, in the same manner and degree in which the operation and maintenance of the lookout was occurring as of the date of enactment of this Act. (e) Access.-- (1) Private inholdings.--Consistent with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary of Agriculture shall assure adequate access to private inholdings in the Wild Sky Wilderness. (2) Float plane access.--As provided by section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the use of floatplanes on Lake Isabel in the Wild Sky Wilderness, where such use was established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable restrictions as the Secretary of Agriculture determines desirable. (f) Land Acquisition Authority.-- (1) In general.--The Secretary of Agriculture may acquire lands and interests therein in the Wild Sky Wilderness by purchase, donation, or exchange. The Secretary shall give priority consideration to the acquisition of those lands identified as Priority Acquisition Lands on the map described in subsection (a). (2) Appraisal.--Valuation of private lands shall be determined without reference to any restrictions on access or use that arise out of designation of the Wild Sky Wilderness or inclusion of adjacent Federal lands in the Skykomish Backcountry Wilderness Management Area under section 3. (3) Boundary adjustment.--The boundaries of the Mt. Baker- Snoqualmie National Forests and the Wild Sky Wilderness shall be adjusted to reflect any land acquisitions or exchanges conducted under this subsection. SEC. 3. DESIGNATION OF BACKCOUNTRY WILDERNESS MANAGEMENT AREA, SKYKOMISH RIVER VALLEY, WASHINGTON. (a) Designation.--Certain Federal lands in the State of Washington comprising approximately 13,278 acres, as generally depicted on the map referred to in section 2(a), are hereby designated as the Skykomish Backcountry Wilderness Management Area for the purpose of conserving, protecting, and enhancing for the benefit and enjoyment of present and future generations the cultural, archaeological, natural, wilderness, scientific, geological, historical, biological, wildlife, educational, and scenic resources of the Federal lands included in the management area. (b) Maps and Legal Descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall file a map and a legal description for the management area with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture may correct clerical and typographical errors in the legal description and map. The map and legal description shall be on file and available for public inspection in the office of the Chief of the Forest Service. (c) Administration.--The Secretary of Agriculture shall manage the Federal lands included in the management area to preserve their natural character and to protect and enhance water quality. (d) Management Plan.--Not later than three years after the date of the enactment of this Act, the Secretary of Agriculture shall develop a management plan for the management area. The Secretary shall prepare the management plan in consultation with representatives of the State of Washington, the political subdivisions of the State containing the management area, and other interested persons. (e) Wildlife Management.--The designation of the management area neither affects nor diminishes the jurisdiction of the State of Washington with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, on Federal lands included in the management area. (f) Withdrawal.--Subject to valid existing rights, the Federal lands included in the management area are withdrawn from all forms of entry, appropriation, and disposal under the public land laws, location, entry, and patent under the mining laws, and operation of the mineral leasing, mineral materials, and geothermal leasing laws. (g) Motorized and Mechanized Travel Authorized.--Motorized and mechanized travel in the management area shall be restricted to designated trails and routes specified in the management plan required by subsection (d). Pending completion of the management plan, the Secretary of Agriculture may designate the trails and routes in the management area on which motorized and mechanized travel is authorized. Other trails and routes may be used for motorized and mechanized travel whenever the Secretary considers such use to be necessary for administrative purposes or to respond to an emergency. (h) Prohibition on Commercial Timber Harvesting.--The Secretary of Agriculture shall not permit the commercial harvest of timber in the management area. (i) Land Acquisition Authority.-- (1) In general.--The Secretary of Agriculture may acquire lands and interests therein in the management area by purchase, donation, or exchange. The Secretary shall give priority consideration to the acquisition of those lands identified as Priority Acquisition Lands on the map described in section 2(a). (2) Appraisal.--Valuation of private lands shall be determined without reference to any restrictions on access or use that arise out of inclusion of adjacent Federal lands in the management area or designation of the Wild Sky Wilderness. (3) Boundary adjustment.--The boundaries of the Mt. Baker- Snoqualmie National Forests and the management area shall be adjusted to reflect any land acquisitions or exchanges conducted under this subsection. SEC. 4. DEVELOPMENT AND IMPLEMENTATION OF TRAIL PLAN. (a) Trail Plan Required.--The Secretary of Agriculture shall establish, in consultation with interested parties, a trail plan for National Forest System lands described in this paragraph in order to develop the following: (1) A system of hiking and equestrian trails in the Wild Sky Wilderness in a manner consistent with section 2 and the Wilderness Act (16 U.S.C. 1131 et seq.). (2) A system of hiking and equestrian trails in the Backcountry Wilderness Management Area in a manner consistent with section 3. (3) A system of trails adjacent to the Wild Sky Wilderness or the Backcountry Wilderness Management Area to provide access to such areas. (b) Implementation Report.--Within two years after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a report on the implementation of the trail plan. The report shall include the identification of those trails regarding which development is a priority. SEC. 5. LAND EXCHANGES, CHELAN COUNTY PUBLIC UTILITY DISTRICT, WASHINGTON. (a) Land Exchanges Required.--In accordance with this section, the Secretary of Agriculture shall carry out a land exchange with the Chelan County Public Utility District in the State of Washington to exchange lands and interests in lands, as generally depicted on the map entitled ``Chelan County Public Utility District Exchange'' and dated May 22, 2002. (b) Acceptance of Lands.--If, within 90 days after the date of enactment of this Act, the Chelan County Public Utility District offers to the Secretary of Agriculture approximately 371.8 acres of lands held by the Utility District in the Mt. Baker-Snoqualmie National Forests in the State of Washington, the Secretary shall accept such lands if the title is acceptable to the Secretary and there is no hazardous material on such lands, which is objectionable to the Secretary. (c) Conveyance of Easement.--Upon acceptance of title by the Secretary of Agriculture under subsection (b), the Secretary shall convey to the Chelan County Public Utility District a permanent easement, including helicopter access, consistent with such levels as used as of the date of enactment of this Act, to maintain an existing snowtel site on 1.82 acres of Federal land in the Wenatchee National Forest in the State of Washington. (d) Reversion.--As a condition on the conveyance under subsection (c), the Chelan County Public Utility District shall notify the Secretary of Agriculture if the Utility District determines that there is no longer a need to maintain a snowtel site on the lands subject to the easement conveyed under subsection (c) to monitor the snow pack for calculating expected runoff into the Lake Chelan hydroelectric project and the hydroelectric projects in the Columbia River Basin. Upon receipt of such notice, the easement shall be extinguished and all rights conveyed under such subsection shall revert to the United States.

Summary: Wild Sky Wilderness and Backcountry Wilderness Management Area Act of 2004 - Designates specified Federal lands in the State of Washington (the State) as: (1) the Wild Sky Wilderness (the Wilderness); and (2) the Skykomish Backcountry Wilderness Management Area (the Area). Directs the Secretary of Agriculture to manage the Wilderness in accordance with the Wilderness Act and this Act. Authorizes the Secretary to use helicopter access to construct and maintain a joint U.S. Forest Service and Snohomish County repeater site, in compliance with a Forest Service-approved communications site plan, to improve communication for safety, health, and emergency services. Directs the Secretary to: (1) develop a management plan for the Area (but prohibits the Secretary from permitting commercial timber harvest in the Area); (2) establish a trail plain for specified National Forest System lands to develop a system of hiking and equestrian trails in the Wilderness and the Area, and trails adjacent to the Wilderness or the Area; and (3) carry out a land exchange with the Chelan County Public Utility District in the State, subject to specified requirements.


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

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


SECTION 1. SHORT TITLE. This Act may be cited as the ``Reciprocity and Fairness in Foreign Investment Act''. SEC. 2. LIMITATIONS ON INVESTMENT AND CERTAIN OPERATIONS BY FOREIGN ENTITIES. (a) Limitations.-- (1) On government-owned enterprises.--A foreign person that is owned or controlled by the government of a foreign country may-- (A) acquire or hold an equity interest, or other evidence of ownership, in a corporation, partnership, or other business entity, that is organized under the laws of the United States, or (B) acquire or hold any interest in real property in the United States, only to the same extent as that foreign country allows United States persons to acquire or hold (as the case may be) equity interests or other evidences of ownership in comparable business concerns organized under the laws of that foreign country and to acquire or hold interests in comparable real property in that foreign country. (2) Investment in and operation of critical infrastructure.--A foreign person may acquire or hold a property interest in, or control operations, management, or security operations of, critical infrastructure in the United States only to the same extent as the foreign country of which that foreign person is a national allows United States persons to acquire or hold equivalent property interests or other evidences of ownership in, or to control operations, management, or security operations of, comparable critical infrastructure in that country. (b) Definitions.--In this section: (1) Critical infrastructure.--(A) The term ``critical infrastructure'' means systems and assets, whether physical or virtual, so vital to a country that the incapacity or destruction of such systems and assets would have a debilitating impact on the security, economic security, or public health or safety, of that country. Such term includes-- (i) any airport, air navigation facility, or facility that is part of an air traffic control system; (ii) any bridge, any highway, and any railroad tracks or facilities; (iii) any port facilities; (iv) any pipeline that transports oil, natural gas, or gasoline or other petroleum products; and (v) any electricity generation, transmission, or distribution facilities. (B) The terms ``airport'', ``air navigation facility'', and ``air traffic control system'' have the meanings given those terms in section 40102 of title 49, United States Code. (2) Foreign person.--The term ``foreign person'' means a national of a foreign country. (3) Government.--The term ``government of a foreign country'' includes any agency or instrumentality of the government of a foreign country. (4) National of a foreign country.--A person is a national of a foreign country if that person is-- (A) a citizen of that country; (B) an entity organized under the laws of that country (whether the entity is controlled by private persons or government entities); (C) a unit of government of that country; or (D) an entity that is organized under the laws of the United States and is owned or controlled by individuals, entities, or units of government described in subparagraphs (A), (B), and (C), or any combination thereof. (5) United states.--The term ``United States'' means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (6) United states person.--The term ``United States person'' means-- (A) any United States citizen; (B) any entity that is organized under the laws of the United States and is owned or controlled by United States citizens, by State or local governments, by the United States, or by any combination thereof. SEC. 3. ENFORCEMENT. (a) Secretary of the Treasury.--The Secretary of the Treasury, in consultation with the Secretary of Commerce, the Attorney General, and the heads of such other departments and agencies as the Secretary of the Treasury considers appropriate, shall issue such regulations as are necessary to carry out section 2. (b) Penalties.-- (1) Civil penalties.-- (A) Penalty.--A civil penalty of not more than $500,000 shall be imposed on any foreign person who violates section 2 or any regulation issued under subsection (a) of this section. (B) Authority of the secretary of the treasury.-- The Secretary of the Treasury has the authority to impose civil penalties under subparagraph (A). (2) Other relief.--The Secretary of the Treasury may bring an action in the appropriate United States district court to enjoin any violation of section 2 or any regulation issued under subsection (a) of this section. In addition, the Attorney General, upon the request of the Secretary of the Treasury, shall seek appropriate relief, including divestment relief, in the district courts in order to enforce this Act. SEC. 4. ANNUAL REPORT. The Secretary of the Treasury shall, not later than 120 days after the date of the enactment of this Act and annually thereafter, issue and make public a report on the laws of each foreign country regarding permissible investment by foreign persons in enterprises organized under the laws of the country and in real property in that country, and permissible control by foreign persons of operations and management of critical infrastructure in that country. SEC. 5. EFFECTIVE DATE. (a) In General.--Subject to subsection (b), this Act shall take effect 180 days after the date of the enactment of this Act. (b) Existing Investments.--In order to allow foreign countries the flexibility to make the necessary changes to their laws so as to allow foreign investment and control affected by this Act, this Act and the regulations issued under this Act shall not apply to any equity interest, other property interest, or control of operations or management of infrastructure, acquired before the effective date of this Act until the date that is 1 year after such effective date.

Summary: Reciprocity and Fairness in Foreign Investment Act - Permits a foreign person owned or controlled by a foreign government to acquire ownership in either a business, or in real property in the United States, but only to the same extent as that foreign government allows U.S. persons to acquire ownership in comparable enterprises organized under the laws of that foreign country. Subjects investment and operation of critical infrastructure in the United States by such a foreign person to the same reciprocity requirements. Directs the Secretary of the Treasury to issue implementing regulations. Establishes civil penalties for violations of this Act.


SECTION 1. STATEMENT OF POLICY. It shall be the policy of the United States to-- (1) undertake the necessary measures to deny the Cuban regime the financial resources to engage in activities that threaten-- (A) United States national security, its interests and its allies; (B) the environment and natural resources of the submerged lands of Cuba's northern coast and Florida's unique maritime environment; and (C) that prolong the dictatorship that oppresses the Cuban people; and (2) deter foreign investments that would enhance the ability of the Cuban regime to develop its petroleum resources. SEC. 2. EXCLUSION OF CERTAIN ALIENS. (a) In General.--The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.) is amended by inserting after section 401 the following: ``SEC. 402. EXCLUSION FROM THE UNITED STATES OF ALIENS WHO CONTRIBUTE TO THE ABILITY OF CUBA TO DEVELOP PETROLEUM RESOURCES OFF OF CUBA'S NORTHERN COAST. ``(a) In General.--The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien who the Secretary of State determines is a person who-- ``(1) is an officer or principal of an entity, or a shareholder who owns a controlling interest in an entity, that, on or after May 2, 2006, makes an investment that equals or exceeds $1,000,000 (or any combination of investments that in the aggregate equals or exceeds $1,000,000 in any 12-month period), that contributes to the enhancement of Cuba's ability to develop petroleum resources of the submerged lands of Cuba's northern coast; or ``(2) is a spouse, minor child, or agent of a person described in paragraph (1). ``(b) Waiver.--The Secretary of State may waive the application of subsection (a) if the Secretary certifies and reports to the appropriate congressional committees, on a case-by-case basis, that the admission to the United States of a person described in subsection (a)-- ``(1) is necessary for critical medical reasons or for purposes of litigation of an action under title III; or ``(2) is appropriate if the requirements of sections 203, 204, and 205 have been satisfied. ``(c) Definitions.--In this section: ``(1) Develop.--The term `develop', with respect to petroleum resources, means the exploration for, or the extraction, refining, or transportation by pipeline or other means of, petroleum resources. ``(2) Investment.--The term `investment' means any of the following activities if such activity is undertaken pursuant to an agreement, or pursuant to the exercise of rights under such an agreement, that is entered into with the Government of Cuba (or any agency or instrumentality thereof) or a nongovernmental entity in Cuba, on or after May 2, 2006: ``(A) The entry into a contract that includes responsibility for the development of petroleum resources of the submerged lands of Cuba's northern coast, or the entry into a contract providing for the general supervision and guarantee of another person's performance of such a contract. ``(B) The purchase of a share of ownership, including an equity interest, in that development. ``(C) The entry into a contract providing for the participation in royalties, earnings, or profits in that development, without regard to the form of the participation. ``(D) The entry into, performance, or financing of a contract to sell or purchase goods, services, or technology related to that development. ``(3) Petroleum resources.--The term `petroleum resources' includes petroleum and natural gas resources.''. (b) Effective Date.--The amendment made by this section applies to aliens seeking admission to the United States on or after the date of the enactment of this Act. SEC. 3. IMPOSITION OF SANCTIONS. (a) In General.--The President shall impose two or more of the sanctions described in subsection (b) if the President determines that a person has, on or after May 2, 2006, made an investment that equals or exceeds $1,000,000 (or any combination of investments that in the aggregate equals or exceeds $1,000,000 in any 12-month period) that contributes to the enhancement of Cuba's ability to develop petroleum resources of the submerged lands of Cuba's northern coast. (b) Sanctions Described.--The sanctions to be imposed on a sanctioned person under this section are as follows: (1) Export-import bank assistance for exports to sanctioned persons.--The President may direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to any sanctioned person. (2) Export sanction.--The President may order the United States Government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to a sanctioned person under-- (A) the Export Administration Act of 1979; (B) the Arms Export Control Act; (C) the Atomic Energy Act of 1954; or (D) any other statute that requires the prior review and approval of the United States Government as a condition for the export or reexport of goods or services. (3) Loans from united states financial institutions.--The United States Government may prohibit any United States financial institution from making loans or providing credits to any sanctioned person totaling more than $10,000,000 in any 12- month period unless such person is engaged in activities to relieve human suffering and the loans or credits are provided for such activities. (4) Prohibitions on financial institutions.--The following prohibitions may be imposed against a sanctioned person that is a financial institution: (A) Prohibition on designation as primary dealer.-- Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, such financial institution as a primary dealer in United States Government debt instruments. (B) Prohibition on service as a repository of government funds.--Such financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds. The imposition of either sanction under subparagraph (A) or (B) shall be treated as one sanction for purposes of this section, and the imposition of both such sanctions shall be treated as two sanctions for purposes of this section. (5) Procurement sanction.--The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from a sanctioned person. (c) Person Defined.--In this section, the term ``person'' includes a foreign subsidiary of a person referred to in subsection (a).

Summary: States that it shall be U.S. policy to: (1) undertake measures to deny the Cuban regime the financial resources to engage in activities that threaten U.S. national security and other interests, threaten the environment and natural resources of northern Cuba and Florida, and prolong the dictatorship that oppresses the Cuban people; and (2) deter foreign investments that would enhance the Cuban regime's ability to develop its petroleum resources. Amends the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 to exclude from U.S. entry an alien who: (1) is an officer or principal of an entity, or a shareholder who owns a controlling interest in an entity that makes an investment (as defined by this Act) of $1 million or more (or any combination of investments that equals or exceeds $1 million in any 12-month period), that significantly contributes to Cuba's ability to develop petroleum and natural gas resources off its north coast; or (2) is a spouse, minor child, or agent of such person. Exempts on a case-by-case basis entries: (1) for medical reasons or property-related litigation; or (2) where a transition government is in place. Defines "investment" for purposes of this Act. Directs the President to impose two or more specified export, procurement, financial institution, loan, or Export-Import Bank sanctions if the President determines that a person has made an investment of $1 million or more (or any combination of investments that in the aggregate equals or exceeds $1 million in any 12-month period) that contributes to the enhancement of Cuba's ability to develop petroleum resources of the submerged lands of Cuba's northern coast.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Apples for Teachers Act''. SEC. 2. 2-PERCENT FLOOR ON MISCELLANEOUS ITEMIZED DEDUCTIONS NOT TO APPLY TO QUALIFIED PROFESSIONAL DEVELOPMENT EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (a) In General.--Section 67(b) of the Internal Revenue Code of 1986 (defining miscellaneous itemized deductions) is amended by striking ``and'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, and'', and by adding at the end the following new paragraph: ``(13) any deduction allowable for the qualified professional development expenses paid or incurred by an eligible teacher.''. (b) Definitions.--Section 67 of such Code (relating to 2-percent floor on miscellaneous itemized deductions) is amended by adding at the end the following new subsection: ``(g) Qualified Professional Development Expenses of Eligible Teachers.--For purposes of subsection (b)(13)-- ``(1) Qualified professional development expenses.-- ``(A) In general.--The term `qualified professional development expenses' means expenses-- ``(i) for tuition, fees, books, supplies, equipment, and transportation required for the enrollment or attendance of an individual in a qualified course of instruction, and ``(ii) with respect to which a deduction is allowable under section 162 (determined without regard to this section). ``(B) Qualified course of instruction.--The term `qualified course of instruction' means a course of instruction which-- ``(i) is-- ``(I) directly related to the curriculum and academic subjects in which an eligible teacher provides instruction, or ``(II) designed to enhance the ability of an eligible teacher to understand and use State standards for the academic subjects in which such teacher provides instruction, ``(ii) may-- ``(I) provide instruction in how to teach children with different learning styles, particularly children with disabilities and children with special learning needs (including children who are gifted and talented), or ``(II) provide instruction in how best to discipline children in the classroom and identify early and appropriate interventions to help children described in subclause (I) to learn, ``(iii) is tied to challenging State or local content standards and student performance standards, ``(iv) is tied to strategies and programs that demonstrate effectiveness in increasing student academic achievement and student performance, or substantially increasing the knowledge and teaching skills of an eligible teacher, ``(v) is of sufficient intensity and duration to have a positive and lasting impact on the performance of an eligible teacher in the classroom (which shall not include 1-day or short-term workshops and conferences), except that this clause shall not apply to an activity if such activity is one component described in a long-term comprehensive professional development plan established by an eligible teacher and the teacher's supervisor based upon an assessment of the needs of the teacher, the students of the teacher, and the local educational agency involved, and ``(vi) is part of a program of professional development which is approved and certified by the appropriate local educational agency as furthering the goals of the preceding clauses. ``(C) Local educational agency.--The term `local educational agency' has the meaning given such term by section 14101 of the Elementary and Secondary Education Act of 1965, as in effect on the date of the enactment of this subsection. ``(2) Eligible teacher.-- ``(A) In general.--The term `eligible teacher' means an individual who is a kindergarten through grade 12 classroom teacher in an elementary or secondary school. ``(B) Elementary or secondary school.--The terms `elementary school' and `secondary school' have the meanings given such terms by section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801), as so in effect.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 3. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO PROVIDE CLASSROOM MATERIALS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30B. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO PROVIDE CLASSROOM MATERIALS. ``(a) Allowance of Credit.--In the case of an eligible teacher, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year an amount equal to the qualified elementary and secondary education expenses which are paid or incurred by the taxpayer during such taxable year. ``(b) Maximum Credit.--The credit allowed by subsection (a) for any taxable year shall not exceed $400. ``(c) Definitions.-- ``(1) Eligible teacher.--The term `eligible teacher' means an individual who is a kindergarten through grade 12 classroom teacher, instructor, counselor, aide, or principal in an elementary or secondary school on a full-time basis for an academic year ending during a taxable year. ``(2) Qualified elementary and secondary education expenses.--The term `qualified elementary and secondary education expenses' means expenses for books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by an eligible teacher in the classroom. ``(3) Elementary or secondary school.--The term `elementary or secondary school' means any school which provides elementary education or secondary education (through grade 12), as determined under State law. ``(d) Special Rules.-- ``(1) Denial of double benefit.--No deduction shall be allowed under this chapter for any expense for which credit is allowed under this section. ``(2) Application with other credits.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(B) the tentative minimum tax for the taxable year. ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year.''. (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30B. Credit to elementary and secondary school teachers who provide classroom materials.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000.

Summary: Apples for Teachers Act - Amends the Internal Revenue Code to: (1) make the two percent floor on miscellaneous itemized deductions inapplicable to the qualified professional development expenses incurred by teachers; and (2) allow a credit to elementary and secondary school teachers who provide classroom materials.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving and Reforming SSDI (PAR- SSDI) Act of 2016''. SEC. 2. CONSIDERATION OF VOCATIONAL FACTORS IN DISABILITY DETERMINATIONS. (a) Language Proficiency.--Section 223(d)(2) of the Social Security Act (42 U.S.C. 423(d)(2)) is amended by adding at the end the following: ``(D) In determining whether an individual is under a disability, the Commissioner shall make such determination without regard to the individual's ability to communicate in English.''. (b) Quarters of Coverage Requirement.--Section 223(d)(2) of the Social Security Act (42 U.S.C. 423(d)(2)), as amended by subsection (a), is further amended by adding at the end the following: ``(E) In determining whether an individual is under a disability for a month, the Commissioner may not consider the individual's vocational background unless the individual had not less than 16 quarters of coverage during the 24-quarter period ending with the quarter in which such month occurs.''. (c) Periodic Update of Vocational and Educational Factors.--Not later than 5 years after the date of the enactment of this Act and not later than the end of every subsequent 5-year period, the Commissioner of Social Security shall prepare and implement a complete update of the vocational and educational factors considered in making disability determinations under title II of the Social Security Act. (d) Effective Date.--The amendments made by this section shall apply with respect to applications for disability insurance benefits filed on or after the date of the enactment of this Act. SEC. 3. DISQUALIFICATION ON RECEIPT OF DISABILITY INSURANCE BENEFITS IN A MONTH FOR WHICH UNEMPLOYMENT COMPENSATION IS RECEIVED. (a) In General.--Section 223(d)(4) of the Social Security Act (42 U.S.C. 423(d)(4)) is amended by adding at the end the following: ``(C)(i) If for any week in whole or in part within a month an individual is paid or determined to be eligible for unemployment compensation, such individual shall be deemed to have engaged in substantial gainful activity for such month. ``(ii) For purposes of clause (i), the term `unemployment compensation' means-- ``(I) `regular compensation', `extended compensation', and `additional compensation' (as such terms are defined by section 205 of the Federal-State Extended Unemployment Compensation Act (26 U.S.C. 3304 note)); and ``(II) trade adjustment assistance under title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).''. (b) Trial Work Period.--Section 222(c) of the Social Security Act (42 U.S.C. 422(c)) is amended by adding at the end the following: ``(6)(A) For purposes of this subsection, an individual shall be deemed to have rendered services in a month if the individual is entitled to unemployment compensation for such month. ``(B) For purposes of subparagraph (A), the term `unemployment compensation' means-- ``(i) `regular compensation', `extended compensation', and `additional compensation' (as such terms are defined by section 205 of the Federal-State Extended Unemployment Compensation Act (26 U.S.C. 3304 note)); and ``(ii) trade adjustment assistance under title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).''. (c) Data Matching.--The Commissioner of Social Security shall implement the amendments made by this section using appropriate electronic data. (d) Effective Date.--The amendments made by this subsection shall apply with respect to individuals who initially apply for disability insurance benefits on or after January 1, 2017. SEC. 4. ELIGIBILITY FOR MEDICARE. (a) In General.--Section 226(b)(2) of the Social Security Act (42 U.S.C. 426(b)) is amended-- (1) in subparagraph (A), by striking ``24 calendar months'' and inserting ``60 calendar months''; (2) in subparagraph (B), by striking ``24 months'' and inserting ``60 months''; (3) in subparagraph (C)(ii), by striking ``24 months'' and inserting ``60 months''; and (4) in the matter following subparagraph (C)(ii)(II)-- (A) by striking ``twenty-fifth month'' before ``of his entitlement or status'' and inserting ``sixty-first month''; and (B) by striking ```twenty-fifth month of his entitlement' refers to the first month after the twenty-fourth month'' and inserting ```sixty-first month of his entitlement' refers to the first month after the sixtieth month''. (b) Conforming Amendments.--Section 226 of such Act (42 U.S.C. 426), as amended by subsection (a), is further amended-- (1) in subsection (e)(1)(B), by striking ``24 months'' and inserting ``60 months''; and (2) in subsection (f), by striking ``24 months'' and inserting ``60 months''. (c) Effective Date.--The amendments made by this section shall apply with respect to applications for disability insurance benefits filed on or after the date of the enactment of this Act. SEC. 5. INCLUSION OF UNEARNED INCOME IN DETERMINATION OF SUBSTANTIAL GAINFUL ACTIVITY. (a) In General.--Section 223(d)(4) of the Social Security Act (42 U.S.C. 423(d)(4)), as amended by section 3(b), is further amended by adding at the end the following: ``(D)(i) If the amount of unearned income (as defined in section 1612) of an individual for a month is equal to or greater than the monthly income limit for such month, the individual shall be deemed to have engaged in substantial gainful activity for such month. ``(ii) For purposes of this subparagraph, the monthly income limit is the amount of earnings derived from services, prescribed by the Commissioner under regulations issued pursuant to subparagraph (A), sufficient to demonstrate an individual's ability to engage in substantial gainful activity for a month.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to monthly insurance benefits paid for months beginning after the date that is 1 year after the date of the enactment of this Act. SEC. 6. MEDICAL EVIDENCE IN DISABILITY DETERMINATIONS. (a) Exclusion of Medical Evidence That Is Not Submitted in Its Entirety or Furnished by a Licensed Practitioner.--Section 223(d)(5) of the Social Security Act (42 U.S.C. 423(d)(5)) is amended-- (1) in subparagraph (B), by striking ``In'' and inserting ``Subject to subparagraphs (C) and (D), in''; and (2) by adding at the end the following new subparagraphs: ``(C)(i) An individual and, if applicable, such individual's representative shall submit, in its entirety and without redaction, all relevant medical evidence known to the individual or the representative to the Commissioner of Social Security. ``(ii) In the case of a hearing before an administrative law judge to determine if an individual is under a disability (as defined in paragraph (1)), the Commissioner of Social Security shall not consider any piece of medical evidence furnished by an individual or such individual's representative unless such individual and, if applicable, such individual's representative, certifies at the hearing that all relevant medical evidence has been submitted in its entirety and without redaction. ``(iii) For purposes of this subparagraph, the term `relevant medical evidence' means any medical evidence relating to the individual's claimed physical or mental impairments that the Commissioner of Social Security should consider to determine whether the individual is under a disability, regardless of whether such evidence is favorable or unfavorable to the individual's case, but shall not include any oral or written communication or other document exchanged between the individual and such individual's attorney representative that are subject to attorney-client privilege or work product doctrine, unless the individual voluntarily discloses such communication to the Commissioner. Neither the attorney-client privilege nor the work product doctrine shall prevent from disclosure medical evidence, medical source opinions, or any other factual matter that the Commissioner may consider in determining whether or not the individual is entitled to benefits. ``(iv) Any individual or representative who knowingly violates this subparagraph shall be guilty of making a false statement or representation of material fact, shall be subject to civil and criminal penalties under sections 208 and 1129, and, in the case of a representative, shall be suspended or disqualified from appearing before the Social Security Administration. ``(D) The Commissioner of Social Security shall not consider any evidence furnished by a physician or health care practitioner who is not licensed or has been sanctioned.''. (b) Health Care Providers Supplying Consultative Exams.-- (1) In general.--Beginning 1 year after the date of enactment of this Act, in determining whether an individual applying for disability insurance benefits under title II of the Social Security Act is disabled, the Commissioner of Social Security shall not consider medical evidence resulting from a consultative exam with a health care provider conducted for the purpose of supporting the individual's application unless the evidence is accompanied by a Medical Consultant Acknowledgment Form signed by the health care provider who conducted the exam. (2) Medical consultant acknowledgment form.-- (A) Definition.--As used in this subsection, the term ``Medical Consultant Acknowledgment Form'' means a form published by the Commissioner of Social Security that meets the requirements of subparagraph (B). (B) Requirements.--The Commissioner of Social Security shall develop the Medical Consultant Acknowledgment Form and make it available to the public not later than 6 months after the date of enactment of this Act. The contents of the Medical Consultant Acknowledgment Form shall include-- (i) information on how medical evidence is used in disability determinations; (ii) instructions on completing a residual functional capacity form; (iii) information on the legal and ethical obligations of a health care provider who supplies medical evidence for use in a disability determination, including any civil or criminal penalties that may be imposed on a health care provider who supplies medical evidence for use in a disability determination; and (iv) a statement that the signatory has read and understands the contents of the form. (3) Penalties for fraud.--In addition to any other penalties that may be prescribed by law, any individual who forges a signature on a Medical Consultant Acknowledgment Form submitted to the Commissioner of Social Security shall be guilty of making a false statement or representation of material fact, and upon conviction shall be subject to civil and criminal penalties under sections 208 and 1129 of the Social Security Act and, in the case of a representative, shall be suspended or disqualified from appearing before the Social Security Administration. (c) Effective Date.--The amendments made by subsection (a) shall apply with respect to applications for disability insurance benefits filed on or after the date of the enactment of this Act. SEC. 7. CHANGE IN INDEX USED TO CALCULATE SOCIAL SECURITY COST-OF- LIVING ADJUSTMENTS. (a) In General.--Section 215(i)(1) of the Social Security Act (42 U.S.C. 415(i)(1)) is amended-- (1) in subparagraph (G), by striking the period at the end and inserting ``; and''; and (2) by adding at the end the following new subparagraph: ``(H) the term `Consumer Price Index' means the Chained Consumer Price Index for All Urban Consumers (C-CPI-U, as published in its initial version by the Bureau of Labor Statistics of the Department of Labor).''. (b) Application to Pre-1979 Law.-- (1) In general.--Section 215(i)(1) of the Social Security Act as in effect in December 1978, and as applied in certain cases under the provisions of such Act as in effect after December 1978, is amended-- (A) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (B) by adding at the end the following new subparagraph: ``(D) the term `Consumer Price Index' means the Chained Consumer Price Index for All Urban Consumers (C-CPI-U, as published in its initial version by the Bureau of Labor Statistics of the Department of Labor).''. (2) Conforming change.--Section 215(i)(4) of the Social Security Act (42 U.S.C. 415(i)(4)) is amended by inserting ``and by section 231 of the Preserving and Reforming SSDI (PAR- SSDI) Act of 2016'' after ``1986''. (c) Effective Date.--The amendments made by this section shall apply with respect to adjustments effective with or after the first December that begins at least 3 years after the date of the enactment of this Act. SEC. 8. THIRD-PARTY INCOME VERIFICATION. (a) In General.--Section 223(i) of the Social Security Act (42 U.S.C. 423(i)) is amended-- (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following: ``(5)(A) In any case in which the Commissioner of Social Security initiates a review under this subsection of the case of an individual who has been determined to be under a disability, such review shall include an independent estimate by a qualified social security income verification contractor of such individual's monthly income at the time of such review. ``(B) Upon initiating a review of an individual under this subsection, the Commissioner of Social Security shall provide such individual's name, address, and social security account number to a qualified social security income verification contractor for purposes of obtaining the independent estimate described in subparagraph (A). ``(C)(i) Not later than 60 days after the date of the enactment of this paragraph, the Commissioner of Social Security shall enter into one or more qualified income verification contracts. ``(ii) For purposes of this paragraph, the term `qualified social security income verification contract' means any contract which is for the services of any person (other than an officer or employee of the Social Security Administration)-- ``(I) to provide an estimate (based on the best information available to such person) of the income of any individual specified by the Commissioner as described in subparagraph (A); ``(II) to provide such information regarding the basis for such estimate as the Commissioner may specify; and ``(III) that prohibits each person providing such services from contacting the individual, employers of the individual, members of the individual's family, and such other persons as the Commissioner may specify. ``(iii) For purposes of this section, the term `qualified social security income verification contractor' means the person providing services to the Secretary under a qualified social security income verification contract. ``(D)(i) Nothing in any provision of law shall be construed to prevent the Secretary from-- ``(I) entering into a qualified social security income verification contract, or ``(II) providing identifying information to a qualified social security income verification contractor as provided in this paragraph. ``(ii) The United States shall not be liable for any act or omission of any person performing services under a qualified social security income verification contract. ``(E) In any case in which an independent estimate conducted pursuant to this paragraph with respect to an individual entitled to disability insurance benefits demonstrates that such individual failed to accurately report any monthly income, the Commissioner of Social Security shall conduct an investigation of such individual to determine whether such individual's monthly income demonstrates the individual's ability to engage in substantial gainful activity.''.

Summary: Preserving and Reforming SSDI (PAR-SSDI) Act of 2016 This bill amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSAct) to: direct the Social Security Administration (SSA), in determining whether an individual is under a disability, to make such a determination without regard to the individual's ability to communicate in English; prohibit the SSA, in determining whether an individual is under a disability for a month, from considering the individual's vocational background in computing the quarters of coverage requirement unless the individual had not less than 16 quarters of coverage during the 24-quarter period ending with the quarter in which such month occurs; and direct the SSA to prepare and implement a complete update of the vocational and educational factors considered in making disability determinations. The bill declares that for any week in whole or in part within a month that an individual is paid or determined to be eligible for unemployment compensation he or she shall be deemed to have engaged in substantial gainful activity and so be disqualified from receiving Social Security disability benefits after a certain period has elapsed. The bill also states that, for purposes of determining services rendered by an individual during a period of trial work which will not disqualify the individual for disability benefits, the individual shall be deemed to have rendered services in a month if he or she is entitled to unemployment compensation or trade adjustment assistance for that month. The bill revises prerequisites for the entitlement of certain individuals under age 65 to SSAct title XVIII (Medicare) part A hospital insurance benefits. The length of time such an individual must be entitled to disability insurance, child's insurance, or widow's insurance benefits, in order to qualify for entitlement to Medicare part A hospital benefits, shall increase from the current 24 months to 60 months. If the amount of an individual's unearned income for a month is equal to or greater than the monthly income limit for that month, the individual shall be deemed to have engaged in substantial gainful activity for the month for purposes of determining disability insurance benefit payments. The SSA must receive from an individual and/or the individual's representative, in its entirety and without redaction, all known relevant medical evidence related to a disability claim. Any medical evidence not submitted in its entirety or not furnished by a licensed practitioner shall be excluded in disability determinations. In determining whether a disability benefits applicant is disabled, the SSA shall not consider medical evidence resulting from a consultative exam with a health care provider unless the application is accompanied by a Medical Consultant Acknowledgment Form signed by the health care provider who conducted the exam. The bill changes the index used to calculate OASDI cost-of-living adjustments to the Chained Price Index for All Urban Consumers. In any case in which SSA initiates a review of disability benefits for an individual, the review shall include an independent estimate by a qualified Social Security income verification contractor of the individual's monthly income.