SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Company Capital Formation Act of 2011''. SEC. 2. AUTHORITY TO EXEMPT CERTAIN SECURITIES. (a) In General.--Section 3(b) of the Securities Act of 1933 (15 U.S.C. 77c(b)) is amended-- (1) by striking ``(b) The Commission'' and inserting the following: ``(b) Additional Exemptions.-- ``(1) Small issues exemptive authority.--The Commission''; and (2) by adding at the end the following: ``(2) Additional issues.--The Commission shall by rule or regulation add a class of securities to the securities exempted pursuant to this section in accordance with the following terms and conditions: ``(A) The aggregate offering amount of all securities offered and sold within the prior 12-month period in reliance on the exemption added in accordance with this paragraph shall not exceed $50,000,000. ``(B) The securities may be offered and sold publicly. ``(C) The securities shall not be restricted securities within the meaning of the Federal securities laws and the regulations promulgated thereunder. ``(D) The civil liability provision in section 12(a)(2) shall apply to any person offering or selling such securities. ``(E) The issuer may solicit interest in the offering prior to filing any offering statement, on such terms and conditions as the Commission may prescribe in the public interest or for the protection of investors. ``(F) The Commission shall require the issuer to file audited financial statements with the Commission annually. ``(G) Such other terms, conditions, or requirements as the Commission may determine necessary in the public interest and for the protection of investors, which may include-- ``(i) a requirement that the issuer prepare and electronically file with the Commission and distribute to prospective investors an offering statement, and any related documents, in such form and with such content as prescribed by the Commission, including audited financial statements, a description of the issuer's business operations, its financial condition, its corporate governance principles, its use of investor funds, and other appropriate matters; and ``(ii) disqualification provisions under which the exemption shall not be available to the issuer or its predecessors, affiliates, officers, directors, underwriters, or other related persons, which shall be substantially similar to the disqualification provisions contained in the regulations adopted in accordance with section 926 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 77d note). ``(3) Limitation.--Only the following types of securities may be exempted under a rule or regulation adopted pursuant to paragraph (2): equity securities, debt securities, and debt securities convertible or exchangeable to equity interests, including any guarantees of such securities. ``(4) Periodic disclosures.--Upon such terms and conditions as the Commission determines necessary in the public interest and for the protection of investors, the Commission by rule or regulation may require an issuer of a class of securities exempted under paragraph (2) to make available to investors and file with the Commission periodic disclosures regarding the issuer, its business operations, its financial condition, its corporate governance principles, its use of investor funds, and other appropriate matters, and also may provide for the suspension and termination of such a requirement with respect to that issuer. ``(5) Adjustment.--Not later than 2 years after the date of enactment of the Small Company Capital Formation Act of 2011 and every 2 years thereafter, the Commission shall review the offering amount limitation described in paragraph (2)(A) and shall increase such amount as the Commission determines appropriate. If the Commission determines not to increase such amount, it shall report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on its reasons for not increasing the amount.''. (b) Treatment as Covered Securities for Purposes of NSMIA.--Section 18(b)(4) of the Securities Act of 1933 (15 U.S.C. 77r(b)(4)) is amended-- (1) in subparagraph (C), by striking ``; or'' at the end and inserting a semicolon; and (2) by redesignating subparagraph (D) as subparagraph (E), and inserting after subparagraph (C) the following: ``(D) a rule or regulation adopted pursuant to section 3(b)(2) and such security is-- ``(i) offered or sold on a national securities exchange; or ``(ii) offered or sold to a qualified purchaser, as defined by the Commission pursuant to paragraph (3) with respect to that purchase or sale.''. (c) Conforming Amendment.--Section 4(5) of the Securities Act of 1933 is amended by striking ``section 3(b)'' and inserting ``section 3(b)(1)''. SEC. 3. STUDY ON THE IMPACT OF STATE BLUE SKY LAWS ON REGULATION A OFFERINGS. The Comptroller General shall conduct a study on the impact of State laws regulating securities offerings, or ``Blue Sky laws'', on offerings made under Regulation A (17 CFR 230.251 et seq.). The Comptroller General shall transmit a report on the findings of the study to the Committee on Financial Services of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs of the Senate not later than 3 months after the date of enactment of this Act. Passed the House of Representatives November 2, 2011. Attest: KAREN L. HAAS, Clerk.

Summary: Small Company Capital Formation Act of 2011 - (Sec. 2) Amends the Securities Act of 1933 (Act) to direct the Securities and Exchange Commission (SEC) to exempt from its regulation a class of securities for which the aggregate offering amount of all securities sold within the prior 12-month period in reliance upon such exemption does not exceed $50 million. Restricts any such exemption to equity securities, debt securities, and debt securities convertible or exchangeable to equity interests, including any guarantees of such securities. Subjects to civil liability certain violations arising from offering or selling securities by use of prospectuses and communications. Authorizes the SEC to: (1) require an issuer of such exempted class of securities to make periodic disclosures available to investors regarding the issuer, its business operations, financial condition, corporate governance principles, and use of investor funds; (2) require the issuer to file electronically with the SEC and distribute to prospective investors an offering statement which includes this information; (3) provide for the suspension and termination of this disclosure requirement with respect to that issuer; and (4) prescribe exemption disqualification requirements, substantially similar to regulations adopted in accordance with the Dodd-Frank Wall Street Reform and Consumer Protection Act, under which the exemption shall not be available to the issuer and related persons, including predecessors, affiliates, officers, directors, and underwriters. Requires the SEC to: (1) review and increase biennially such offering amount limitation, as appropriate; and (2) report to certain congressional committees its reasons for not increasing the amount if it determines not to do so. Exempts from state regulation the securities covered and required exempted from SEC regulation by this Act. (Sec. 3) Directs the Comptroller General to study the impact of state laws regulating securities offerings (Blue Sky laws) on offerings made under Regulation A (which specifies the terms and conditions of exemption from the registration requirements of the Securities Act of 1933).


SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Election Integrity Act of 2004'' . SEC. 2. REQUIRING PROOF OF CITIZENSHIP TO ACCOMPANY APPLICATION FOR VOTER REGISTRATION. (a) Application Provided With Motor Vehicle License Application.-- Section 5(c)(2) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg--3(c)(2)) is amended-- (1) in subparagraph (B), by striking ``may require'' and inserting ``in addition to the information required under subparagraph (E), may require''; (2) by striking ``and'' at the end of subparagraph (D); (3) by redesignating subparagraph (E) as subparagraph (F); and (4) by inserting after subparagraph (D) the following new subparagraph: ``(E) shall require the applicant to provide a photographic copy of any document which provides proof that the applicant is a citizen of the United States, in accordance with guidelines established by the Election Administration Commission in consultation with the Secretary of Homeland Security and the Secretary of State.''. (b) Mail-In Form.--Section 9(b) of such Act (42 U.S.C. 1973gg-- 7(b)) is amended-- (1) in paragraph (1), by striking ``may require'' and inserting ``consistent with paragraph (5), may require''; (2) by striking ``and'' at the end of paragraph (3); (3) by striking the period at the end of paragraph (4) and inserting ``; and''; and (4) by adding at the end the following new paragraph: ``(5) shall require the applicant to provide a photographic copy of any document which provides proof that the applicant is a citizen of the United States, in accordance with guidelines established by the Election Administration Commission in consultation with the Secretary of Homeland Security and the Secretary of State.''. (c) Special Rules for States Without Registration Requirement and States Permitting Same-Day Registration.-- (1) In general.--Section 8 of such Act (42 U.S.C. 1973gg-- 6) is amended-- (A) by redesignating subsection (j) as subsection (k); and (B) by inserting after subsection (i) the following new subsection: ``(j) Requirement for Proof of Citizenship in States Without Registration Requirement and States Permitting Same-Day Registration.-- ``(1) States without registration requirement.--In the case of a State described in section 4(b)(1), the appropriate State or local election official may not provide any individual with a ballot for an election for Federal office (including an absentee ballot) unless the individual provides the official with a photographic copy of any document which provides proof that the individual is a citizen of the United States, in accordance with guidelines established by the Election Administration Commission in consultation with the Secretary of Homeland Security and the Secretary of State. ``(2) States permitting same-day registration.--In the case of a State described in section 4(b)(2), the appropriate State or local election official may not permit any individual to register to vote in an election for Federal office (including an individual who desires to register to vote at the polling place at the time of voting in the election) unless the individual provides the official with a photographic copy of any document which provides proof that the individual is a citizen of the United States, in accordance with guidelines established by the Election Administration Commission in consultation with the Secretary of Homeland Security and the Secretary of State.''. (2) Conforming amendment.--Section 4(b) of such Act (42 U.S.C. 1973gg-2(b)) is amended by striking ``This Act'' and inserting ``Except as provided in section 8(j), this Act''. SEC. 3. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION. (a) In General.--Section 303(b) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)) is amended-- (1) in the heading, by striking ``for Voters Who Register by Mail'' and inserting ``for Providing Photo Identification''; and (2) by striking paragraphs (1) through (3) and inserting the following: ``(1) Individuals voting in person.--Notwithstanding any other provision of law, the appropriate State or local election official may not provide a ballot for an election for Federal office (including a provisional ballot under section 302(a)) to an individual who desires to vote in person unless the individual presents to the official a current and valid photo identification. ``(2) Individuals voting by mail.--Notwithstanding any other provision of law, the appropriate State or local election official may not accept any ballot for an election for Federal office provided by an individual who votes by mail unless the individual submits with the ballot a copy of a current and valid photo identification.''. (b) Conforming Amendments.--Section 303 of such Act (42 U.S.C. 15483) is amended-- (1) in the heading, by striking ``for voters who register by mail'' and inserting ``for providing photo identification''; and (2) in subsection (c), by striking ``subsections (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II)'' and inserting ``subsection (a)(5)(A)(i)(II)''. (c) Clerical Amendment.--The table of contents of such Act is amended by amending the item relating to section 303 to read as follows: ``Sec. 303. Computerized statewide voter registration list requirements and requirements for providing photo identification.''. (d) Effective Date.--Section 303(d) of such Act (42 U.S.C. 15483(d)) is amended to read as follows: ``(d) Requirement to Provide Photo Identification.--Subsection (b) shall apply with respect to the regularly scheduled general election for Federal office held in November 2004 and each succeeding election for Federal office.''. SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act shall apply with respect to the regularly scheduled general election for Federal office held in November 2004 and each succeeding election for Federal office.

Summary: Federal Election Integrity Act of 2004 - Amends the National Voter Registration Act of 1993 to require any individual who desires to register or re-register to vote in an election for Federal office to provide the appropriate State election official with proof that the individual is a U.S. citizen. Requires proof of citizenship in States without registration requirement and States permitting same day registration. Amends the Help America Vote Act of 2002 to prohibit the appropriate State or local election official from: (1) providing a ballot for an election for Federal office to an individual who desires to vote in person unless the individual presents to the official a current and valid photo ID; or (2) accepting any ballot of an individual voting by mail without a copy of a current photo ID.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Repeal of Expensive Exchanges Act'' or the ``FREE Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Patient Protection and Affordable Care Act makes health care more expensive and less accessible, while also driving up the Federal deficit and debt. (2) This increase in cost is most noticeable in the health insurance exchanges established under such Act, which would increase the Federal deficit by $1.017 trillion over an eleven- year timeframe, as stated in a July, 2012 Congressional Budget Office report. (3) The Federal mandate to establish health insurance exchanges directly assaults the States' traditional authority to regulate health insurance. (4) Such Federal mandate imposes unknown insurance costs on consumers and administrative costs on States. (5) Such Federal mandate imposes a ``one-size-fits-all'' approach that ignores State differences. (6) Such Federal mandate undermines choice and competition and guarantees further consolidation of the health insurance markets. SEC. 3. REPEAL OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT PREMIUM TAX CREDITS AND COST-SHARING SUBSIDIES. (a) Premium Tax Credits.--The Internal Revenue Code of 1986 is amended by striking section 36B. (b) Advance Determination and Payment of Premium Tax Credits and Cost-Sharing Reductions.--The Patient Protection and Affordable Care Act is amended by striking section 1412. (c) Cost-Sharing.--The Patient Protection and Affordable Care Act is amended by striking section 1402. (d) Conforming Amendments.-- (1) Internal revenue code of 1986.-- (A) Section 280C of the Internal Revenue Code of 1986 is amended by striking subsection (g). (B) Clause (iii) of section 6055(b)(1)(B) of such Code is amended to read as follows: ``(iii) in the case of minimum essential coverage which consists of health insurance coverage, information concerning whether or not the coverage is a qualified health plan offered through an Exchange established under section 1311 of the Patient Protection and Affordable Care Act, and''; and (C) Section 6103(l)(21) of such Code is amended-- (i) by striking ``any premium tax credit under section 36B or any cost-sharing reduction under section 1402 of the Patient Protection and Affordable Care Act or'' in the matter preceding subparagraph (i), (ii) by striking ``(as defined in section 36B)'' in subparagraph (A)(iv), and (iii) by adding at the end the following: ``(D) Modified adjusted gross income.--For purposes of this paragraph, the term `modified adjusted gross income' means adjusted gross income increased by-- ``(i) any amount excluded from gross income under section 911, ``(ii) any amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax, and ``(iii) an amount equal to the portion of the taxpayer's social security benefits (as defined in section 86(d)) which is not included in gross income under section 86 for the taxable year.''. (D) Section 6211(b)(4)(A) of such Code is amended by striking ``36B,''. (E) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 36B. (2) Fair labor standards act of 1938.-- (A) Section 18B(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 218b(a)) is amended-- (i) by inserting ``and'' at the end of paragraph (1), and (ii) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (B) Section 18C(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 218c(a)) is amended by striking paragraph (1) and by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively. (3) Public health service act.--Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is amended-- (A) in section 2705(l)(3)(A) (42 U.S.C. 300gg- 4(l)(3)(A))-- (i) by striking the em dash before clause (i) and inserting ``will not result in any decrease in coverage.''; and (ii) by striking clauses (i) and (ii); and (B) in section 2793(c) (300gg-93(c))-- (i) by inserting ``and'' at the end of paragraph (3); (ii) by striking ``; and'' at the end of paragraph (4); and (iii) by striking paragraph (5). (4) Patient protection and affordable care act.--The Patient Protection and Affordable Care Act (Public Law 111-148, as amended) is amended-- (A) in section 1303(b) by striking paragraph (2); (B) in section 1311(c)(5)(B) (42 U.S.C. 18031(c)(5)(B)), by striking ``or eligible for a premium tax credit or cost-sharing reduction''; (C) in section 1311(d)(4) (42 U.S.C. 18031(d)(4))-- (i) in subparagraph (G), by striking ``after the application of any premium tax credit'' and all that follows through ``section 1402''; and (ii) in subparagraph (I), by striking clause (ii); (D) in section 1311(i)(3)(B) (42 U.S.C. 18031(i)(3)(B)), by striking ``, and the availability of premium tax credits'' and all that follows through ``section 1402''; (E) in section 1312(e) (42 U.S.C. 18032(e))-- (i) in paragraph (1), by striking ``; and'' and inserting a period; (ii) by striking paragraph (2); and (iii) by striking ``brokers--'' and all that follows through ``to enroll'' and inserting ``brokers to enroll''; (F) in section 1313(a)(6)(A) (42 U.S.C. 18033(a)(6)(A)), by striking ``, including payments of premium tax credits and cost-sharing reductions through the Exchange''; (G) in section 1331(d)(3)(A)(i) (42 U.S.C. 18051) is amended by inserting ``and the Federal Repeal of Expensive Exchanges Act had not been enacted'' before the period at the end; (H) in section 1332(a) (42 U.S.C. 18052(a))-- (i) in paragraph (2)-- (I) by striking subparagraph (C); and (II) in subparagraph (D) by striking ``36B, 4980H,'' and inserting ``4980H''; and (ii) in paragraph (3), by striking ``premium tax credits, cost-sharing reductions''; (I) in section 1334(c) (42 U.S.C. 18054(c)) by striking paragraph (3); (J) in section 1401(c)(1)(A), by striking clause (i); (K) in section 1411 (42 U.S.C. 18081)-- (i) in subsection (a)(1)-- (I) by striking ``or who is claiming a premium tax credit or reduced cost-sharing,''; and (II) by striking ``sections 1312(f)(3), 1402(e), and 1412(d)'' and inserting ``section 1312(f)(3)''; (ii) in subsection (a), by striking paragraph (2); (iii) in subsection (b), by striking paragraphs (3) and (4); (iv) in subsection (e)-- (I) in paragraph (2), by amending subparagraph (A) to read as follows: ``(A) Eligibility for enrollment.--If information provided by an applicant under paragraphs (1) and (2) of subsection (b) is verified under subsections (c) and (d) the individual's eligibility to enroll through the Exchange shall be satisfied.''; and (II) in paragraph (4)(B), by striking clauses (ii) and (iii) and redesignating clause (iv) as clause (ii); (v) by striking subsection (f)(2); (vi) in subsection (g)(1)-- (I) by striking ``or for a premium tax credit or cost-sharing reduction'', and (II) by striking ``, determine eligibility, and determine the amount of the credit or reduction'' and inserting ``and determine eligibility''; and (vii) in subsection (g)(2) by striking ``or to claim a premium tax credit or cost-sharing reduction or the amount of the credit or reduction''; (L) in section 1413(e)(1) (42 U.S.C. 18083(e)(1)), by striking ``, including the premium tax credits under section 36B of the Internal Revenue Code of 1986 and cost-sharing reductions under section 1402''; (M) by striking section 1415 (42 U.S.C. 18084); and (N) in section 2901 (25 U.S.C. 1623), by striking subsection (a). (5) Social security act.--Section 1943(b) of the Social Security Act (42 U.S.C. 1396w-3(b)) is amended-- (A) in paragraph (1)(C)-- (i) by striking ``and, if applicable, premium assistance'' and all that follows through ``section 1412 of the Patient Protection and Affordable Care Act),''; and (ii) by striking ``reduced cost-sharing for eligible individuals under section 1402 of the Patient Protection and Affordable Care Act, and any other'' and inserting ``any''; (B) in paragraph (1)(D), by striking ``, child health assistance, or premium assistance,'' and inserting ``or child health assistance,''; (C) by striking paragraph (2); and (D) in paragraph (4), by striking ``and who is eligible to receive premium credit assistance for the purchase of a qualified health plan under section 36B of the Internal Revenue Code of 1986''. SEC. 4. REPEAL OF EMPLOYER AND INDIVIDUAL MANDATES. (a) Employer Mandate.-- (1) In general.--Chapter 43 of the Internal Revenue Code of 1986 is amended by striking section 4980H, and the table of sections for such chapter is amended by striking the item relating to section 4980H. (2) Information return.-- (A) Chapter 61 of such Code is amended by striking section 6056, and the table of sections for such chapter is amended by striking the item relating to section 6056. (B) Section 6724(d) of such Code is amended-- (i) in paragraph (1)(B) by inserting ``or'' at the end of clause (xxiii), by striking ``or'' at the end of clause (xxiv) and inserting ``and'', and by striking clause (xxv), and (ii) in paragraph (2) by inserting ``or'' at the end of subparagraph (FF), by striking ``or'' at the end of subparagraph (GG) and inserting ``and'', and by striking subparagraph (HH). (3) Patient protection and affordable care act conforming amendments.-- (A) Section 1332(a)(2)(D) of the Patient Protection and Affordable Care Act (as amended by section 3(d)(4)(H) of this Act) is amended by striking ``Sections 4980H'' and inserting ``Section''. (B) Section 1513 of the Patient Protection and Affordable Care Act is amended by striking subsection (c). (b) Repeal of Individual Health Insurance Mandate.-- (1) In general.--Section 5000A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Termination.--This section shall not apply with respect to any month beginning after December 31, 2013.''. (2) Conforming amendment.--Section 1311(d)(4) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(d)(4)) is amended by striking subparagraph (H). (c) Effective Date.--The amendments made by this section shall apply as if included in the respective sections the Patient Protection and Affordable Care Act to which such amendments relate.

Summary: Federal Repeal of Expensive Exchanges Act or the FREE Act - Repeals provisions of the Internal Revenue Code and the Patient Protection and Affordable Care Act (PPACA) providing for: (1) a health insurance premium assistance tax credit and advance payments for credit amounts, (2) reductions in out-of-pocket health care expenses for certain low income taxpayers (cost-sharing) and advance payments of cost-sharing amounts, (3) the individual mandate to purchase health care coverage under PPACA, and (4) the employer mandate to provide health care coverage to employees under PPACA and the reporting requirements with respect to such mandate.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Growth and Stabilization Financing Demonstration Act 1994''. SEC. 101. GUARANTEED LOAN DEMONSTRATION PROGRAM. (a) In General.--In order to study the feasibility and desirability of a program of loan guarantees for economic growth and stabilization in communities facing economic distress, the Secretary is authorized to guarantee loans made to private borrowers by private lending institutions, community development financial institutions, and other lenders as the Secretary considers appropriate, except that the Secretary may guarantee loans less than $750,000 only if the borrower is not eligible for a loan guarantee under the Small Business Act. (b) Terms and Conditions.-- (1) In general.--The Secretary may make such guarantees upon application of the lenders and upon such terms and conditions as the Secretary may prescribe. (2) Presumption of validity.--Guarantees under paragraph (1) shall be conclusive evidence that the guarantee has been properly obtained, that the underlying loan qualifies for such guarantee, and that, but for fraud or material misrepresentation by the holder, such guarantee will be presumed to be valid, legal, and enforceable. (3) Lender responsibility.--No guarantee will be provided unless the lender is responsible and makes adequate provision for servicing the loan on reasonable terms and for protecting the financial interest of the United States. (c) Preferred Lender Preference.--To the extent feasible, the Secretary shall exercise the guarantee authority established under this section on a preferred lender basis and authorize lenders, in accordance with agreements entered into between the Secretary and such lenders, to take such actions on the Secretary's behalf as the Secretary deems appropriate, including, but not limited to, the determination of eligibility and credit worthiness and loan monitoring, collection and liquidation. (d) Target Subsidy Rate.--In exercising the loan guarantee authority provided under this section, the Secretary shall attempt to administer the program in a manner which results in a subsidy rate not to exceed approximately 6 percent of the amount of the overall loan guarantees. (e) Authorization of Appropriations.--Of the funds authorized to be appropriated under section 106, for purposes of this section there are authorized to be appropriated $50,000,000 per fiscal year to cover the costs (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees issued pursuant to subsection (b)(3) of such section. Such sums shall remain available until expended. SEC. 102. INTEREST RATE SUBSIDY DEMONSTRATION PROGRAM. (a) In General.--In order to study the feasibility and desirability of a program of interest rate subsidies for economic growth and stabilization in communities facing economic distress, the Secretary is authorized to pay interest rate subsidies to private lending institutions, community development financial institutions, and other lenders as the Secretary considers appropriate, for loans made to private borrowers. (b) Terms and Conditions.--The Secretary may pay interest rate subsidies upon application of the lenders and upon such terms and conditions as the Secretary may prescribe, except that no interest rate subsidy may be provided unless the lender is responsible and makes adequate provision for servicing the loan on reasonable terms and for protecting the financial interest of the United States. (c) Preferred Lender Preference.--To the extent feasible, the Secretary shall exercise the interest rate subsidy authority established under this section on a preferred lender basis and authorize lenders, in accordance with agreements entered into between the Secretary and such lenders, to take such actions on the Secretary's behalf as the Secretary deems appropriate, including, but not limited to, the determination of eligibility and credit worthiness and loan monitoring, collection and liquidation. SEC. 103. EQUITY FINANCE DEMONSTRATION PROGRAM. (a) In General.--In order to study the feasibility and desirability of a program of equity financing for economic growth and stabilization in communities facing economic distress, the Secretary is authorized to establish a demonstration program under which the Secretary may directly, or indirectly through grants to eligible intermediaries, purchase or commit to purchase warrants, subordinated debt, or nonvoting preferred securities of private United States businesses or nonprofit organizations and associations. (b) Establishment of Fund.--For purposes of conducting the program provided under subsection (a), the Secretary shall establish an Equity Investment Revolving Fund. (c) Disposal of Equity Instruments.--The Secretary shall endeavor to dispose of any financial instruments purchased or guaranteed under this section within a period of 10 years after their date acquisition of such interest. (d) Use of Payments.-- (1) Use of payments to the secretary.--Amounts received by the Secretary from the payment of dividends and the redemption of financial instruments acquired under this section shall be deposited in the Equity Investment Revolving Fund and shall, subject to appropriations, be available to make or guarantee additional investments consistent with this section. (2) Use of payments to eligible intermediaries.--Of the amounts received by eligible recipient intermediaries from the payment of dividends and the redemption of financial instruments acquired under this section-- (A) up to 50 percent may be retained by such eligible intermediaries to make or guarantee additional investments consistent with this section, and (B) no less than 50 percent shall be returned to the Secretary to be deposited into the Fund established under subsection (b) to make or guarantee additional investments consistent with this section. (e) Investment of Excess Funds.--If the Secretary determines that the amount of money in the Fund exceeds the current requirements of the Fund, the Secretary may direct the Secretary of the Treasury to invest such amounts in obligations of the United States, in obligations guaranteed by the United States Government, or in such other obligations or securities of the United States as the Secretary of the Treasury deems appropriate. Provided, however, that any subsequent use of monies so invested shall be subject to appropriations. SEC. 104. SECONDARY MARKET CREDIT ENHANCEMENT DEMONSTRATION PROGRAM. In order to study the feasibility and desirability of a program of providing credit enhancements to pools of financial instruments related to economic growth and stabilization activities in communities facing economic distress, the Secretary is authorized to establish a demonstration program under which the Secretary may provide credit enhancements to pools of financial instruments related to economic growth and stabilization activities in such areas. SEC. 105. PERFORMANCE EVALUATIONS; REPORT TO CONGRESS. (a) Performance Evaluations.--The Secretary shall conduct performance evaluations of each of the demonstration projects established under this Act to assess their effectiveness in promoting economic growth and stabilization in communities facing economic distress. (b) Annual Report.--Based on the evaluations conducted under subsection (a), the Secretary shall prepare and submit annually a report to the Congress containing a full and detailed account of operations under this Act. Such a report shall include-- (1) performance measures established under subsection (a); (2) an audit setting forth the amount, type, recipient, and source of disbursements, receipts, and losses sustained as a result of operations under this Act during the preceding fiscal year and since inception of the demonstration programs; and (3) recommendations with respect to program changes, statutory changes, and other matters to improve and facilitate the operations of the demonstration programs and to encourage the use of these programs by qualified concerns. SEC. 106. AUTHORIZATION OF APPROPRIATIONS. For purposes of this Act, there are authorized to be appropriated $90,000,000 per fiscal year. Such sums shall remain available until expended. SEC. 107. SEPARABILITY. If any provision of this Act, or any application of such provision to any person or circumstance, shall be held invalid, the remainder of this Act, or the application of such provision to person or circumstance other than those as to which it is held invalid, shall not be affected thereby.

Summary: Economic Growth and Stabilization Financing Demonstration Act 1994 - Prescribes guidelines under which the Secretary of Commerce may conduct demonstration programs in economically distressed communities to: (1) guarantee loans made by lending institutions to private parties; (2) pay interest rate subsidies; (3) implement an equity financing program; and (4) provide secondary market credit enhancements to pools of financial instruments related to economic growth and stabilization in such communities. Directs the Secretary to conduct performance evaluations and submit an annual status report to the Congress. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Laurie Beechman Ovarian Cancer Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue not more than 350,000 $1 coins, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of Laurie Beechman, her struggle against ovarian cancer, and her many accomplishments throughout her extraordinary life. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of ``1954-1998''; and (C) inscriptions of ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (3) Obverse of coin.--The obverse of each coin minted under this Act shall bear the likeness of Laurie Beechman. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act as soon as is practicable. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 1999. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of $9 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to Gilda's Club, Incorporated, for purposes relating to the battle against ovarian cancer. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of Gilda's Club, Incorporated, as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

Summary: Laurie Beechman Ovarian Cancer Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 dollar coins emblematic of Laurie Beechman, her struggle against ovarian cancer, and her many accomplishments throughout her life. Requires prompt payment of all surcharges from coin sales to Gilda's Club, Incorporated, for purposes relating to the battle against ovarian cancer.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Facilities Clean Water Compliance Act of 1993''. SEC. 2. APPLICATION OF CERTAIN PROVISIONS TO FEDERAL FACILITIES. Section 313(a) of the Federal Water Pollution Control Act (33 U.S.C. 1323(a)) is amended by striking the third sentence and all that follows through the period at the end of the last sentence and inserting the following: ``The Federal, State, interstate, and local substantive and procedural requirements, administrative authority, and process and sanctions referred to in this subsection include, but are not limited to, all administrative orders and all civil and administrative penalties and fines, regardless of whether such penalties or fines are punitive or coercive in nature or are imposed for isolated, intermittent, or continuing violations. The United States hereby expressly waives any immunity otherwise applicable to the United States with respect to any such requirement, administrative authority, and process and sanctions (including, but not limited to, any injunctive relief, administrative order or civil or administrative penalty or fine referred to in the preceding sentence, or reasonable service charge). The reasonable service charges referred to in this subsection include, but are not limited to, fees or charges assessed in connection with the processing and issuance of permits, renewal of permits, amendments to permits, review of plans, studies, and other documents, and inspection and monitoring of facilities, as well as any other nondiscriminatory charges that are assessed in connection with a Federal, State, interstate, or local water pollution regulatory program. No agent, employee, or officer of the United States shall be personally liable for any civil penalty under any Federal, State, interstate, or local water pollution law with respect to any act or omission within the scope of the official duties of the agent, employee, or officer. An agent, employee, or officer of the United States shall be subject to any criminal sanction (including, but not limited to, any fine or imprisonment) under any Federal or State water pollution law, but no department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal Government shall be subject to any such sanction.''. SEC. 3. FEDERAL FACILITY ENFORCEMENT. Section 309 of the Federal Water Pollution Control Act (33 U.S.C. 1319) is amended by adding at the end the following: ``(h) Federal Facility Enforcement.-- ``(1) Compliance orders.-- ``(A) In general.--Whenever on the basis of any information available to him-- ``(i) the Administrator determines that any department, agency, or instrumentality of the United States has violated or is in violation of section 301, 302, 306, 307, 308, 311, 318, or 405 of this Act, or has violated or is in violation of any permit condition or limitation implementing any such section in a permit issued under section 402 of this Act by the Administrator or by a State, or in a permit issued under section 404 of this Act by a State, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of this Act; ``(ii) the Secretary of the Army determines that any department, agency, or instrumentality of the United States has violated or is in violation of any condition or limitation in a permit issued under section 404 of this Act; ``(iii) the Secretary of the department in which the Coast Guard is operating determines that any department, agency, or instrumentality of the United States has violated any provision of section 311 of this Act or any of its implementing regulations; the Administrator or Secretary, as applicable, may propose an order to assess a civil penalty for any past or current violation or require compliance immediately or within a specified time period, or both. ``(B) Required terms.--Any order issued under this subsection -- ``(i) by the Administrator may include a suspension or revocation of any permit issued by the Administrator or a State under sections 402 and 404 of this Act; and ``(ii) by the Secretary of the Army may include a suspension or revocation of any permit issued by the Secretary of the Army or a State under section 404 of this Act; and shall state with reasonable specificity the nature of the violation. Any penalty assessed in the order shall not exceed $25,000 per day for each violation. ``(2) Public hearing.--Any order under this section shall become final unless, not later than 30 days after the order is served, a Federal department, agency, or instrumentality of the United States named therein requests a public hearing. Upon such request, the Administrator or Secretary, as applicable, shall promptly conduct a public hearing. Such public hearing shall be conducted in accordance with section 554 of title 5, United States Code. In connection with any proceeding under this subsection, the Administrator or Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents and may promulgate rules for discovery procedures. ``(3) Violation of compliance orders.--If a violator fails to take corrective action within the time specified in an order issued under paragraph (1)-- ``(A) the Administrator or Secretary, as applicable, may assess a civil penalty of not more than $25,000 for each day of continued noncompliance with the order; and ``(B)(i) the Administrator may suspend or revoke any permit issued pursuant to section 402 or 404 of this Act which is the subject of the order, whether issued by the Administrator or the State; and ``(ii) the Secretary of the Army may suspend or revoke any permit issued pursuant to section 404 of this Act, whether issued by the Secretary of the Army or a State. ``(4) Determination of amount of penalty.--In determining the amount of any penalty assessed under this subsection, the Administrator or Secretary, as the case may be, shall consider the seriousness of each violation or violations, the violator's economic benefit or savings (if any) resulting from each violation, any history of prior violations, any good-faith efforts to avoid noncompliance or to comply with the applicable requirements, the violator's ability to pay the penalty, and such other matters in mitigation and aggravation as justice may require. ``(5) Limitation on actions and right of intervention.--Any violation with respect to which the Administrator or the Secretary, as applicable, has commenced and is diligently prosecuting an action under this subsection, or for which the Administrator or the Secretary has issued a final order and the violator has paid a penalty assessed under this subsection, shall not be the subject of a civil enforcement action under section 505 of this Act. In any action under this subsection, any citizen may intervene as a matter of right. ``(6) Penalty fund.--Penalties received under this subsection shall be deposited into a special fund in the United States Treasury for licensing and other services. Amounts in the fund are authorized to be appropriated and shall remain available until expended for allocation by the Administrator to finance water remediation and other restorative and preventive projects at Federal facilities. The Administrator shall annually report to Congress about the sums deposited into the fund, the sources thereof, and the allocations thereof.''. SEC. 4. DEFINITION OF PERSON. (a) General Definitions.--Section 502(5) of the Federal Water Pollution Control Act (33 U.S.C. 1362(5)) is amended by inserting before the period at the end the following: ``and includes any department, agency, or instrumentality of the United States''. (b) Oil and Hazardous Substance Liability Program.--Section 311(a)(7)) of such Act (33 U.S.C. 1321(a)(7) is amended by inserting before the semicolon at the end the following: ``and any department, agency, or instrumentality of the United States''. SEC. 5. DEFINITION OF RADIOACTIVE MATERIAL. Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following: ``(21) The term `radioactive materials' includes source materials, special nuclear materials, and byproduct materials (as such terms are defined under the Atomic Energy Act of 1954) which are used, produced, or managed at facilities not licensed by the Nuclear Regulatory Commission.''.

Summary: Federal Facilities Clean Water Compliance Act of 1993 - Amends the Federal Water Pollution Control Act to waive immunity of the United States with respect to Federal, State, interstate, and local requirements, administrative authorities, sanctions, and penalties concerning water pollution control. Absolves Federal employees of personal liability for civil penalties under water pollution control laws for acts or omissions within the scope of official duties. Makes Federal employees subject to criminal sanctions under Federal or State water pollution control laws, but prohibits applying criminal sanctions to Federal agencies. Permits the imposition of civil penalties or the issuance of compliance orders against Federal agencies determined to be in violation of specified water pollution control or permit requirements. Authorizes the suspension or revocation of permits. Provides for the deposit of penalties into a fund to be used for water remediation and other restorative and preventive projects at Federal facilities. Includes Federal agencies within the definition of "person" for purposes of such Act.


SECTION 1. AMENDMENT OF THE BRADY HANDGUN VIOLENCE PREVENTION ACT. (a) Section 922 of Title 18, United States Code.--Section 922 of title 18, United States Code, as added by the Brady Handgun Violence Prevention Act, is amended-- (1) in subsection (s)(1) by striking ``ending on the day before the date that is 60 months after such date of enactment,'' and inserting ``ending either on the day before the date that is 48 months after such date of enactment, unless the Attorney General extends the date by 12 additional months, or on the day that the Attorney General notifies the licensees under section 103(e)(1) of the Brady Handgun Violence Prevention Act, whichever occurs earlier,''; and (2) by amending subsection (t) to read as follows: ``(t)(1) Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(e)(1) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, and upon notification by the Attorney General to licensees that the system is operational and capable of supplying information immediately (during which 30-day period subsection (s) shall remain in effect), a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless-- ``(A) before the completion of the transfer, the licensee contacts the national instant criminal background check system established under section 103 of that Act; ``(B)(i) the system provides the licensee with a unique identification number; or ``(ii) 3 business days (meaning a day on which State offices are open) have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section or State law; and ``(C) the transferor has verified the identity of the transferee by examining a valid identification document (as defined in section 1028(d)(1) of this title) of the transferee containing a photograph of the transferee. ``(2) If receipt of a firearm would not violate section 922 (g) or (n) or State law, the system shall immediately ``(A) assign a unique identification number to the transfer; ``(B) provide the licensee with the number; and ``(C) destroy all records of the system with respect to the call (other than the identifying number and the date the number was assigned) and all records of the system relating to the person or the transfer. ``(3) Paragraph (1) shall not apply to a firearm transfer between a licensee and another person if-- ``(A)(i) such other person has presented to the licensee a permit that-- ``(I) allows such other person to possess, acquire, or carry a firearm; and ``(II) was issued not more than 5 years earlier by the State in which the transfer is to take place; and ``(ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by such other person would be in violation of law; ``(B) the Secretary has approved the transfer under section 5812 of the Internal Revenue Code of 1986; or ``(C) on application of the transferor, the Secretary has certified that compliance with paragraph (1)(A) is impracticable because-- ``(i) the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025; ``(ii) the business premises of the licensee at which the transfer is to occur are extremely remote in relation to the chief law enforcement officer (as defined in subsection (s)(8)); and ``(iii) there is an absence of telecommunications facilities in the geographical area in which the business premises are located. ``(4) If the national instant criminal background check system notifies the licensee that the information available to the system does not demonstrate that the receipt of a firearm by such other person would violate subsection (g) or (n) or State law, and the licensee transfers a firearm to such other person, the licensee shall include in the record of the transfer the unique identification number provided by the system with respect to the transfer. ``(5) If the licensee knowingly transfers a firearm to such other person and knowingly fails to comply with paragraph (1) of this subsection with respect to the transfer and, at the time such other person most recently proposed the transfer, the national instant criminal background check system was operating and information was available to the system demonstrating that receipt of a firearm by such other person would violate subsection (g) or (n) of this section or State law, the Secretary may, after notice and opportunity for a hearing, suspend for not more than 6 months or revoke any license issued to the licensee under section 923, and may impose on the licensee a civil fine of not more than $5,000. ``(6) Neither a local government nor an employee of the Federal Government or of any State or local government, responsible for providing information to the national instant criminal background check system shall be liable in an action at law for damages-- ``(A) for failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of the firearm is unlawful under this section; or ``(B) for preventing such a sale or transfer to a person who may lawfully receive or possess a firearm.''. (b) National Instant Criminal Background Check System.--Section 103 of the Brady Handgun Violence Prevention Act is amended to read as follows: ``SEC. 103. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM. ``(a) Determination of Timetables.--Not later than 6 months after the date of enactment of this Act, the Attorney General shall-- ``(1) determine the type of computer hardware and software that will be used to operate the national instant criminal background check system and the means by which State criminal records systems and the telephone or electric device of licensees that will communicate with the national system; ``(2) investigate the criminal records system of each State and determine for each State a timetable by which the State should be able to provide criminal records on an on-line capacity basis to the national system; and ``(3) notify each State of the determinations made pursuant to paragraphs (1) and (2). ``(b) Establishment of System.-- ``(1) Determinations.--Not later than the date that is 24 months after the date of enactment of this Act, the Attorney General shall-- ``(A) determine whether-- ``(i) the equipment used to link State criminal history records systems to the national criminal history records system and the equipment necessary to operate the national instant criminal background check system are operational; and ``(ii) any group of States that-- ``(I) have at least 80 percent of the population of the United States; and ``(II) have reported during a 12- month period at least 80 percent of the number of crimes of violence reported by all of the States during that period, have achieved and maintained at an average of at least 60 percent currency of felony case dispositions in computerized criminal history files for all cases in which there has been an event or activity within the last 5 years; and ``(B) if such determinations are made in the affirmative, certify that the national system is established. ``(2) Establishment.--The Attorney General shall establish a national instant criminal background check system that any licensee may contact, by telephone and by other electronic means in addition to the telephone, for information, to be supplied immediately, on whether receipt of a firearm by a prospective transferee would violate section 922 of title 18, United States Code, or State law. ``(c) Expedited Action by the Attorney General.--The Attorney General shall expedite-- ``(1) the upgrading and indexing of State criminal history records in the Federal criminal records system maintained by the Federal Bureau of Investigation; ``(2) the development of hardware and software systems to link State criminal history check systems into the national instant criminal background check system established by the Attorney General pursuant to this section; and ``(3) the current revitalization initiatives by the Federal Bureau of Investigation for technologically advanced fingerprint and criminal records identification. ``(d) Notification of Licensees.-- ``(1) System established.--On establishment of the system under this section, the Attorney General shall notify each licensee and the chief law enforcement officer of each State of the existence and purpose of the system and the means to be used to contact the system. ``(2) Compliance with timetable.--At any time at which the Attorney General determines that a State is in compliance with the timetable set for that State under section (a), the Attorney General shall notify each licensee in the State and the chief law enforcement officer of the State of the determination. ``(e) Administrative Provisions.-- ``(1) Authority to obtain official information.-- Notwithstanding any other law, the Attorney General may secure directly from any department or agency of the United States such information on persons for whom receipt of a firearm would violate subsection (g) or (n) of section 922 of title 18, United States Code, or State law as is necessary to enable the system to operate in accordance with this section. On request of the Attorney General, the head of such department or agency shall furnish such information to the system. ``(2) Other authority.--The Attorney General shall develop such computer software, design and obtain such telecommunications and computer hardware, and employ such personnel, as are necessary to establish and operate the system in accordance with this section. ``(f) Written Reasons Provided on Request.--If the national instant criminal background check system determines that an individual is ineligible to receive a firearm and the individual requests the system to provide the reasons for the determination, the system shall provide such reasons to the individual, in writing, within 5 business days after the date of the request. ``(g) Correction of Erroneous System Information.--A prospective transferee may submit to the Attorney General information that to correct, clarify, or supplement records of the system with respect to the prospective transferee. After receipt of such information, the Attorney General shall immediately consider the information, investigate the matter further, and correct all erroneous Federal records relating to the prospective transferee and give notice of the error to any Federal department or agency or any State that was the source of such erroneous records. ``(h) Regulations.--After 90 days' notice to the public and an opportunity for hearing by interested parties, the Attorney General shall prescribe regulations to ensure the privacy and security of the information of the system established under this section. ``(i) Prohibition Relating To Establishment of Registration Systems With Respect to Firearms.--No department, agency, officer, or employee of the United States may-- ``(1) require that any record or portion thereof generated by the system established under this section be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or political subdivision thereof; or ``(2) use the system established under this section to establish any system for the registration of firearms, firearm owners, or firearm transactions or dispositions, except with respect to persons, prohibited by section 922 (g) or (n) of title 18, United States Code, or State law from receiving a firearm. ``(j) Definitions.--As used in this section: (1) Licensee.--The term ``licensee'' means a licensed importer (as defined in section 921(a)(9) of title 18, United States Code), a licensed manufacturer (as defined in section 921(a)(10) of that title), or a licensed dealer (as defined in section 921(a)(11) of that title). ``(2) Other terms.--The terms ``firearm'', ``handgun'', ``licensed importer'', ``licensed manufacturer'', and ``licensed dealer'' have the meanings stated in section 921(a) of title 18, United States Code, as amended by subsection (a)(2). ``(k) Authorization of Appropriations.--There are authorized to be appropriated, which may be appropriated from the Violent Crime Reduction Trust Fund established by section 1115 of title 31, United States Code, such sums as are necessary to enable the Attorney General to carry out this section.''. (c) Notification of Adjudications of Persons as Mental Defectives and Commitments to Mental Institutions.--Section 503(a) of title I of the Omnibus Safe Streets and Crime Control Act of 1968 (42 U.S.C. 3753(a)) is amended by adding at the end the following new paragraph: ``(12) A certification that the State has established a plan under which the State will provide to the Department of Justice, without fee-- ``(A) within 30 days after the date on which any person in the State is adjudicated as a mental defective or committed to a mental institution, notice of the adjudication or commitment; and ``(B) within 30 days after the date on which the Department of Justice requests it, a copy of the certified record of the adjudication or commitment.''.

Summary: Amends the Brady Handgun Violence Prevention Act to: (1) shorten to 48 months the period that a five-day waiting period and background check are to be imposed pending establishment of a national instant criminal background check system (system) for handgun transfers; and (2) provide that system check requirements shall not apply until notification by the Attorney General to licensees that the system is operational and capable of supplying information immediately. Makes the latter provision inapplicable to a firearm transfer between a licensee and another person who has presented a firearm permit meeting certain conditions. Directs the Attorney General to: (1) establish the system within 24 (currently, 60) months after the enactment of such Act; and (2) notify each licensee in, and the chief law enforcement officer of, a State at any time of a determination that the State is in compliance with the timetable set for that State. Authorizes a prospective transferee to submit to the Attorney General information to correct, clarify, or supplement records of the system with respect to the prospective transferee. Requires the Attorney General to immediately consider the information, to investigate further, and to correct erroneous information and give notice of the error to any Federal department or agency or any State that was the source of such records. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to include among State application requirements for drug control and system improvement grants a certification that the State has established a plan under which the State will provide the Department of Justice with notification of adjudications of persons as mental defectives and of commitments to mental institutions.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Major Medical Facility Lease Authorization Act of 2013''. SEC. 2. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES. The Secretary of Veterans Affairs may carry out the following major medical facility leases at the locations specified, and in an amount for each lease not to exceed the amount shown for such location (not including any estimated cancellation costs): (1) For a clinical research and pharmacy coordinating center, Albuquerque, New Mexico, an amount not to exceed $9,560,000. (2) For a community-based outpatient clinic, Brick, New Jersey, an amount not to exceed $7,280,000. (3) For a new primary care and dental clinic annex, Charleston, South Carolina, an amount not to exceed $7,070,250. (4) For the Cobb County community-based Outpatient Clinic, Cobb County, Georgia, an amount not to exceed $6,409,000. (5) For the Leeward Outpatient Healthcare Access Center, Honolulu, Hawaii, including a co-located clinic with the Department of Defense and the co-location of the Honolulu Regional Office of the Veterans Benefits Administration and the Kapolei Vet Center of the Department of Veterans Affairs, an amount not to exceed $15,887,370. (6) For a community-based outpatient clinic, Johnson County, Kansas, an amount not to exceed $2,263,000. (7) For a replacement community-based outpatient clinic, Lafayette, Louisiana, an amount not to exceed $2,996,000. (8) For a community-based outpatient clinic, Lake Charles, Louisiana, an amount not to exceed $2,626,000. (9) For outpatient clinic consolidation, New Port Richey, Florida, an amount not to exceed $11,927,000. (10) For an outpatient clinic, Ponce, Puerto Rico, an amount not to exceed $11,535,000. (11) For lease consolidation, San Antonio, Texas, an amount not to exceed $19,426,000. (12) For a community-based outpatient clinic, San Diego, California, an amount not to exceed $11,946,100. (13) For an outpatient clinic, Tyler, Texas, an amount not to exceed $4,327,000. (14) For the Errera Community Care Center, West Haven, Connecticut, an amount not to exceed $4,883,000. (15) For the Worcester community-based Outpatient Clinic, Worcester, Massachusetts, an amount not to exceed $4,855,000. (16) For the expansion of a community-based outpatient clinic, Cape Girardeau, Missouri, an amount not to exceed $4,232,060. (17) For a multispecialty clinic, Chattanooga, Tennessee, an amount not to exceed $7,069,000. (18) For the expansion of a community-based outpatient clinic, Chico, California, an amount not to exceed $4,534,000. (19) For a community-based outpatient clinic, Chula Vista, California, an amount not to exceed $3,714,000. (20) For a new research lease, Hines, Illinois, an amount not to exceed $22,032,000. (21) For a replacement research lease, Houston, Texas, an amount not to exceed $6,142,000. (22) For a community-based outpatient clinic, Lincoln, Nebraska, an amount not to exceed $7,178,400. (23) For a community-based outpatient clinic, Lubbock, Texas, an amount not to exceed $8,554,000. (24) For a community-based outpatient clinic consolidation, Myrtle Beach, South Carolina, an amount not to exceed $8,022,000. (25) For a community-based outpatient clinic, Phoenix, Arizona, an amount not to exceed $20,757,000. (26) For the expansion of a community-based outpatient clinic, Redding, California, an amount not to exceed $8,154,000. (27) For the expansion of a community-based outpatient clinic, Tulsa, Oklahoma, an amount not to exceed $13,269,200. SEC. 3. BUDGETARY TREATMENT OF DEPARTMENT OF VETERANS AFFAIRS MAJOR MEDICAL FACILITIES LEASES. (a) Findings.--Congress finds the following: (1) Title 31, United States Code, requires the Department of Veterans Affairs to record the full cost of its contractual obligation against funds available at the time a contract is executed. (2) Office of Management and Budget Circular A-11 provides guidance to agencies in meeting the statutory requirements under title 31, United States Code, with respect to leases. (3) For operating leases, Office of Management and Budget Circular A-11 requires the Department of Veterans Affairs to record up-front budget authority in an ``amount equal to total payments under the full term of the lease or [an] amount sufficient to cover first year lease payments plus cancellation costs''. (b) Requirement for Obligation of Full Cost.--Subject to the availability of appropriations provided in advance, in exercising the authority of the Secretary of Veterans Affairs to enter into leases provided in this Act, the Secretary shall record, pursuant to section 1501 of title 31, United States Code, as the full cost of the contractual obligation at the time a contract is executed either-- (1) an amount equal to total payments under the full term of the lease; or (2) if the lease specifies payments to be made in the event the lease is terminated before its full term, an amount sufficient to cover the first year lease payments plus the specified cancellation costs. (c) Transparency.-- (1) Compliance.--Subsection (b) of section 8104 of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(7) In the case of a prospectus proposing funding for a major medical facility lease, a detailed analysis of how the lease is expected to comply with Office of Management and Budget Circular A-11 and section 1341 of title 31 (commonly referred to as the `Anti-Deficiency Act'). Any such analysis shall include-- ``(A) an analysis of the classification of the lease as a `lease-purchase', `capital lease', or `operating lease' as those terms are defined in Office of Management and Budget Circular A-11; ``(B) an analysis of the obligation of budgetary resources associated with the lease; and ``(C) an analysis of the methodology used in determining the asset cost, fair market value, and cancellation costs of the lease.''. (2) Submittal to congress.--Such section 8104 is further amended by adding at the end the following new subsection: ``(h)(1) Not less than 30 days before entering into a major medical facility lease, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives-- ``(A) notice of the Secretary's intention to enter into the lease; ``(B) a copy of the proposed lease; ``(C) a description and analysis of any differences between the prospectus submitted pursuant to subsection (b) and the proposed lease; and ``(D) a scoring analysis demonstrating that the proposed lease fully complies with Office of Management and Budget Circular A-11. ``(2) Each committee described in paragraph (1) shall ensure that any information submitted to the committee under such paragraph is treated by the committee with the same level of confidentiality as is required by law of the Secretary and subject to the same statutory penalties for unauthorized disclosure or use as the Secretary. ``(3) Not more than 30 days after entering into a major medical facility lease, the Secretary shall submit to each committee described in paragraph (1) a report on any material differences between the lease that was entered into and the proposed lease described under such paragraph, including how the lease that was entered into changes the previously submitted scoring analysis described in subparagraph (D) of such paragraph.''. (d) Rule of Construction.--Nothing in this section, or the amendments made by this section, shall be construed to in any way relieve the Department of Veterans Affairs from any statutory or regulatory obligations or requirements existing prior to the enactment of this section and such amendments. SEC. 4. BUDGETARY EFFECTS OF THIS ACT. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, as long as such statement has been submitted prior to the vote on passage of this Act. Passed the House of Representatives December 10, 2013. Attest: KAREN L. HAAS, Clerk.

Summary: Department of Veterans Affairs Major Medical Facility Lease Authorization Act of 2013 - Authorizes the Secretary of Veterans Affairs (VA) to carry out specified major medical facility leases (leases) in New Mexico, New Jersey, South Carolina, Georgia, Hawaii, Kansas, Louisiana, Florida, Puerto Rico, Texas, California, Connecticut, Massachusetts, Missouri, Tennessee, Illinois, Nebraska, Arizona, and Oklahoma. Directs the Secretary, in exercising the authority to enter into such leases, to record as the full cost of the contractual obligation at the time a contract is executed either: (1) the amount of total payments under the full lease term; or (2) if the lease specifies payments to be made in the event the lease is terminated before its full term, an amount sufficient to cover the first-year payments plus the specified cancellation costs. Requires the funding prospectus of a proposed lease to include a detailed analysis of how the lease is expected to comply with Office of Management and Budget (OMB) Circular A-11 (which provides guidance to federal agencies in meeting statutory requirements for disclosure of the full costs of contracts or leases) and the Anti-Deficiency Act, including an analysis of: (1) the classification of the lease as a lease-purchase, capital lease, or operating lease; (2) the obligation of budgetary resources associated with the lease; and (3) the methodology used in determining the asset cost, fair market value, and cancellation costs of the lease. Directs the Secretary, at least 30 days before entering into a lease, to submit to the congressional veterans committees: (1) notice of the intention to enter into, and a copy of, such lease; (2) a description and analysis of any differences between the lease prospectus submitted and the proposed lease; and (3) a scoring analysis demonstrating that the proposed lease fully complies with OMB Circular A-11. Requires the Secretary, no more than 30 days after entering into a lease, to report any material differences between the proposed lease and the lease entered.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection of Homes, Small Businesses, and Private Property Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) The protection of homes, small businesses, and other private property rights against government seizures and other unreasonable government interference is a fundamental principle and core commitment of our Nation's Founders. (2) As Thomas Jefferson wrote on April 6, 1816, the protection of such rights is ``the first principle of association, the guarantee to every one of a free exercise of his industry, and the fruits acquired by it''. (3) The Fifth Amendment of the United States Constitution specifically provides that ``private property'' shall not ``be taken for public use without just compensation''. (4) The Fifth Amendment thus provides an essential guarantee of liberty against the abuse of the power of eminent domain, by permitting government to seize private property only ``for public use''. (5) On June 23, 2005, the United States Supreme Court issued its decision in Kelo v. City of New London, No. 04-108. (6) As the Court acknowledged, ``it has long been accepted that the sovereign may not take the property of A for the sole purpose of transferring it to another private party B'', and that under the Fifth Amendment, the power of eminent domain may be used only ``for public use''. (7) The Court nevertheless held, by a 5-4 vote, that government may seize the home, small business, or other private property of one owner, and transfer that same property to another private owner, simply by concluding that such a transfer would benefit the community through increased economic development. (8) The Court's decision in Kelo is alarming because, as Justice O'Connor accurately noted in her dissenting opinion, joined by the Chief Justice and Justices Scalia and Thomas, the Court has ``effectively . . . delete[d] the words `for public use' from the Takings Clause of the Fifth Amendment'' and thereby ``refus[ed] to enforce properly the Federal Constitution''. (9) Under the Court's decision in Kelo, Justice O'Connor warns, ``[t]he specter of condemnation hangs over all property. Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory''. (10) Justice O'Connor further warns that, under the Court's decision in Kelo, ``[a]ny property may now be taken for the benefit of another private party'', and ``the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms. As for the victims, the government now has license to transfer property from those with fewer resources to those with more. The Founders cannot have intended this perverse result''. (11) As an amicus brief filed by the National Association for the Advancement of Colored People, AARP, and other organizations noted, ``[a]bsent a true public use requirement the takings power will be employed more frequently. The takings that result will disproportionately affect and harm the economically disadvantaged and, in particular, racial and ethnic minorities and the elderly''. (12) It is appropriate for Congress to take action, consistent with its limited powers under the Constitution, to restore the vital protections of the Fifth Amendment and to protect homes, small businesses, and other private property rights against unreasonable government use of the power of eminent domain. (13) It would also be appropriate for States to take action to voluntarily limit their own power of eminent domain. As the Court in Kelo noted, ``nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power''. SEC. 3. PROTECTION OF HOMES, SMALL BUSINESSES, AND OTHER PRIVATE PROPERTY RIGHTS. (a) In General.--The power of eminent domain shall be available only for public use. (b) Public Use.--In this Act, the term ``public use'' shall not be construed to include economic development. (c) Application.--This Act shall apply to-- (1) all exercises of eminent domain power by the Federal Government; and (2) all exercises of eminent domain power by State and local government through the use of Federal funds.

Summary: Protection of Homes, Small Businesses, and Private Property Act of 2005 - Declares that the power of eminent domain shall be available only for public use, which shall not be construed to include economic development. Applies such limitation to all exercises of eminent domain by the federal government or by state and local governments through the use of federal funds.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Highways and Infrastructure Preservation Act of 1997''. SEC. 2. LENGTH LIMITATIONS ON FEDERALLY ASSISTED HIGHWAYS. (a) Prohibition on Operation of Certain Cargo-Carrying Units.-- Section 411 of the Surface Transportation Assistance Act of 1982 (49 U.S.C. App. 2311) is amended-- (1) by striking the section heading and all that follows through ``(a) Except'' and inserting the following: ``SEC. 411. LENGTH LIMITATIONS ON FEDERALLY ASSISTED HIGHWAYS. ``(a) State Requirements.-- ``(1) In general.--Except''; (2) by moving the remaining portion of paragraph (1) of subsection (a), as designated by paragraph (1) of this subsection, 2 ems to the right; and (3) by adding at the end of subsection (a) the following: ``(2) Prohibition on operation of certain cargo-carrying units.-- ``(A) General rule.--No State shall register for operation on any segment of the Interstate System and those classes of qualifying National Highway System highways as designated by the Secretary any trailer, semi-trailer, container, or other cargo-carrying unit that is longer than 53 feet, except as provided by subparagraph (B). ``(B) Exceptions.--The following shall not be subject to the requirement of subparagraph (A): ``(i) Any trailer, semi-trailer, container, or other cargo carrying unit that is manufactured before the expiration of the 1- year period beginning on the date of the enactment of this paragraph. ``(ii) Any trailer, semi-trailer, container, or other cargo-carrying unit that is used exclusively for fire-fighting. ``(C) Limitation on statutory construction.--Nothing in this paragraph shall be construed to affect the laws of any State applicable to any trailer, semi-trailer, container, or other cargo-carrying unit that is less than 53 feet in length.''. (b) Repeal.--The 3d sentence of section 411(b) of such Act is repealed. (c) Conforming Amendments.--Section 411 of such Act is amended-- (1) by striking ``subsection (a) of this section'' each place it appears and inserting ``subsection (a)(1) of this section''; and (2) in subsection (d) by striking ``subsections (a)'' and inserting ``subsections (a)(1)''. (d) Enforcement.--The 2d sentence of section 141(b) of title 23, United States Code, is amended-- (1) by striking ``section 411(j)'' and inserting ``subsections (a)(2) and (j) of section 411''; and (2) by striking ``2311(j)'' and inserting ``2311''. SEC. 3. TERMINATION OF DETERMINATIONS OF GRANDFATHER RIGHTS. (a) In General.--Section 127 of title 23, United States Code, is amended by adding at the end the following: ``(h) Grandfather Rights.-- ``(1) General rule.--No State shall allow the operation of any vehicle or combination (other than longer combination vehicles) not in conformance with the Interstate weight limits, unless such operation is on the list published pursuant to paragraph (2). ``(2) List of vehicles or combinations.-- ``(A) Proceeding.--Not later than 60 days after the date of the enactment of this subsection, the Secretary shall initiate a proceeding to determine and publish a list of vehicles or combinations (other than longer combination vehicles), otherwise not in conformance with the Interstate weight limits, that the Department of Transportation or any other Federal agency or a State has determined before January 1, 1997, could be lawfully operated within such State on July 1, 1956 (except in the case of the overall gross weight of any group of 2 or more consecutive axles, on the date of the enactment of the Federal-Aid Highway Amendments of 1974). ``(B) Limitation.--No operation of any vehicle or combination (other than a longer combination vehicle) shall be included on the list published pursuant to subparagraph (A) on the basis that a State law or regulation could have authorized such operation at some prior date by permit or otherwise. ``(C) Publication of final list.--Not later than 270 days after the date of the enactment of this subsection, the Secretary shall publish a final list of vehicles or combinations described in subparagraph (A). ``(3) Limitation on statutory construction.--Nothing in this subsection shall be construed to prevent a State from reducing the State's gross vehicle weight limitation or the State's single or tandem axle weight limitations on the Interstate System for operations on the list published pursuant to paragraph (2) but in no event shall any such reduction fall below weight limits referred to in subsection (a). ``(4) Applicability of existing requirements.--All vehicles or combinations included on the list published pursuant to paragraph (2) shall be subject to all routing-specific, commodity-specific, and weight-specific designations in force in a State before January 1, 1997.''. (b) Conforming Amendment.--The 4th sentence of section 127(a) of such title is amended by striking ``the State determines''. SEC. 4. NONDIVISIBLE LOAD PROCEEDING. Section 127 of title 23, United States Code, is further amended by adding at the end the following: ``(i) Nondivisible Loads.-- ``(1) Proceeding.--Not later than 60 days after the date of the enactment of this subsection, the Secretary shall initiate a proceeding to determine the meaning of the term `vehicles and loads which cannot be easily dismantled or divided' as used in subsection (a), including a commodity-specific definition of such term. ``(2) Regulations.--Not later than 270 days after the date of the enactment of this subsection, the Secretary shall issue final regulations setting forth the determination of the Secretary made pursuant to subparagraph (A). Such regulations shall apply to all loads operating on the National Highway System. A State may establish other requirements not inconsistent with such regulations. ``(j) Statement of Policy.--The policy of this title is to promote conformity with the Interstate weight limits for the benefit and safety of all motorists. ``(k) Interstate Weight Limits Defined.--For purposes of subsections (h), (i), and (j), the term `Interstate weight limits' means the 80,000 pound gross vehicle weight limitation, the 20,000 pound single axle weight limitation (including enforcement tolerances), the 34,000 pound tandem axle weight limitation (including enforcement tolerances), and the overall maximum gross weight (including enforcement tolerances) on a group of 2 or more consecutive axles produced by application of the Bridge Formula B in subsection (a).''. SEC. 5. WEIGHT LIMITATIONS. (a) In General.--Title 23, United States Code, is amended by inserting after section 127 the following: ``Sec. 127a. Gross vehicle weight and axle loading limitations on non- Interstate highways on the National Highway System ``(a) Non-Interstate Highways on NHS.--The gross vehicle weight limitations and axle loading limitations applicable to all vehicles and combinations on any non-Interstate highway on the National Highway System in existence on the date of the enactment of this section, shall be the gross vehicle weight and axle loading limitations (including enforcement tolerances) set by State statute as of January 1, 1997, on the non-Interstate highway on the National Highway System in the State in which such non-Interstate highway is located, except as provided by subsection (c). The gross vehicle weight limitations and axle loading limitations applicable to all vehicles and combinations on any segment of any non-Interstate highway on the National Highway System not in existence on the date of the enactment of this section, shall be the Interstate weight limits. ``(b) Proceeding To Publish List of State Limitations.--The Secretary shall initiate a proceeding to determine and publish a list of the States' gross vehicle weight limitations and axle loading limitations as of January 1, 1997, applicable to non-Interstate highways on the National Highway System. The Secretary shall publish a final list not later than 180 days after the date of the enactment of this section. ``(c) Proceeding To Publish List of Nonconforming Operations.--The Secretary shall initiate a proceeding to determine and publish a list of operations not in conformance with State gross vehicle weight limitations and axle loading limitations applicable to all vehicles and combinations on any non-Interstate highways on the National Highway System in existence on the date of the enactment of this section, of such State before January 1, 1997, and which were in actual and lawful operation on a regular or periodic basis (including seasonal operations) before January 1, 1997. The Secretary shall publish a final list of such operations not later than 180 days after the date of the enactment of this section. No operation of any vehicle or combination shall be on the Secretary's list on the basis that a State law or regulation could have authorized such operations at some prior date, by permit or otherwise. ``(d) Applicability of Existing Requirements.--All vehicles or combinations included on the Secretary's list provided for in subsection (c) shall be subject to all routing-specific, commodity- specific, and weight-specific designations in force in a State on December 31, 1996. ``(e) Applicability.--The limitations established by subsection (a) shall apply to any new designations made to the National Highway System and remain in effect on those non-Interstate highways that cease to be designated as part of the National Highway System. ``(f) Limitation on Statutory Construction.--Nothing in this section shall be construed to prevent any State from reducing the State's gross vehicle weight limitation or the State's single or tandem axle weight limitations on any existing non-Interstate highway on the National Highway System. ``(g) Interstate Weight Limits Defined.--For purposes of this section, the term `Interstate weight limits' means the 80,000 pound gross vehicle weight limitation, the 20,000 pound single axle weight limitation (including enforcement tolerances), and the 34,000 pound tandem axle weight limitation (including enforcement tolerances).''. (b) Enforcement of Requirements.--Section 141(a) of such title is amended by striking ``section 127(d)'' and inserting ``sections 127 and 127a''. (c) Conforming Chapter Analysis Amendment.--The analysis for chapter 1 of such title is amended by inserting after the item relating to section 127 the following: ``127a. Gross vehicle weight and axle loading limitations on non- Interstate highways on the National Highway System.''.

Summary: Safe Highways and Infrastructure Preservation Act of 1997 - Amends the Surface Transportation Assistance Act of 1982 to revise length limitations on federally-assisted highways to prohibit States from allowing the operation on highways of the Interstate System and the National Highway System of any trailer, semi-trailer, container, or other cargo-carrying unit that is longer than 53 feet, with specified exceptions. Amends Federal highway law to terminate all current State (grandfathered) exceptions to Interstate vehicle weight limits, unless the vehicle or combination involved is on a list of vehicles and combinations which could be lawfully operated in the State on July 1, 1956. Directs the Secretary of Transportation to issue regulations, in order to promote conformity with Interstate weight limits for the safety of all motorists, defining the term "vehicles and loads which cannot be easily dismantled or divided" (nondivisible loads), which shall apply to all loads operating on the National Highway System. Sets forth gross vehicle weight and axle loading limits on non-Interstate highways on the National Highway System.