SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency in Reporting to Protect American Workers and Prevent Human Trafficking Act''. SEC. 2. DATA REPORTING ON NONIMMIGRANT EMPLOYEES. Section 214(c)(8) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(8)) is amended to read as follows: ``(8)(A)(i)(I) The Secretary of Homeland Security annually shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate and timely upload to a public website a report (along with the corresponding raw data set) with respect to each of the subparagraphs of sections 101(a)(15) and 214(e) that permit employment in the United States under any circumstances, including cultural exchange, training, or business activities which result in receiving any form of compensation, including a stipend, from any source. ``(II) Each report under subclause (I) shall contain the following data regarding any nonimmigrant visa or any grant of nonimmigrant status: ``(aa) The number of aliens who were granted such a visa or status. ``(bb) The number of aliens who had such visas or statuses that were expired, revoked, or otherwise terminated during each month of the preceding fiscal year. ``(cc) Information on the countries of origin of (including local region or state if available), age, gender, and occupations of, educational levels attained by, and compensation paid to aliens issued such visa or status. ``(dd) The names and addresses of employers and the number of aliens authorized per category and subclass to work for each employer, including the country of origin, age, and gender of each alien authorized to work for each employer, the alien's primary work location, and secondary work location if one exists. ``(III) Each report under subclause (I) shall contain the following data regarding any nonimmigrant visa category or status (including extensions and transfers to another visa category or subclass, or request to switch to another employer) that requires approval from the Secretary of Homeland Security through a Petition for Nonimmigrant Worker, Form I-129 (or any successor form): ``(aa) The number of petitions filed. ``(bb) The number of petitions approved and the number of workers (by occupation) included in such approved petitions. ``(cc) The number of petitions denied and the number of workers (by occupation) requested in such denied petitions. ``(dd) The Standard Occupational Classification (SOC) code for each occupation in each approved petition. ``(ee) The number of petitions withdrawn. ``(ff) The number of petitions awaiting final action. ``(ii) The Secretary of Homeland Security annually shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate and timely upload to a public website a report (along with the corresponding raw data set) that contains the following: ``(I) A list of all employers who petition for visas under section 101(a)(15)(H)(i)(b). ``(II) The number of such petitions filed and approved for each such employer. ``(III) The Standard Occupational Classifications (SOC) for the approved positions. ``(IV) The number of nonimmigrants for whom each such employer files for adjustment to permanent resident status. ``(V) A list of all employers who are H-1B-dependent employers (as defined in section 212(n)(3)(A)). ``(VI) A list of all employers for whom more than 30 percent of their United States workforce are nonimmigrants described in subparagraph (H)(i)(b) or (L) of section 101(a)(15). ``(VII) A list of all employers for whom more than 50 percent of their United States workforce are nonimmigrants described in subparagraph (H)(i)(b) or (L) of section 101(a)(15). ``(VIII) A gender breakdown by occupation and by country of origin for the nonimmigrants described in section 101(a)(15)(H)(i)(b). ``(IX) A list of all employers who conduct outplacement of nonimmigrants described in section 101(a)(15)(H)(i)(b). ``(X) The number of nonimmigrants described in section 101(a)(15)(H)(i)(b) categorized by their highest level of education and major or primary field of study, and whether such education was obtained in the United States or in a foreign country. ``(iii) The Secretary of Homeland Security annually shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate and timely upload to a public website a report (along with the corresponding raw data set) that contains the following: ``(I) A list of all employers who have filed petitions with the Secretary of Homeland Security for nonimmigrants under section 101(a)(15)(L). ``(II) The number of such petitions filed and approved for each such employer, whether each petition was processed by the Department of Homeland Security or the Department of State as a blanket petition under paragraph (2)(A). ``(III) The Standard Occupational Classifications (SOC) code for each occupation in each approved positions. ``(IV) The amount of compensation paid to each beneficiary. ``(V) The number of nonimmigrants described in section 101(a)(15)(L) for whom each such employer files for adjustment to permanent resident status. ``(VI) A list of all employers for whom more than 30 percent of their United States workforce are nonimmigrants described in subparagraph (H)(i)(b) or (L) of section 101(a)(15). ``(VII) A list of all employers for whom more than 50 percent of their United States workforce are nonimmigrants described in subparagraph (H)(i)(b) or (L) of section 101(a)(15). ``(VIII)(aa) A list of all employers who have been authorized to file blanket petitions under paragraph (2)(A), including those who were identified by aliens applying for a visa under section 101(a)(15)(L) as the employer seeking to employ such aliens; and ``(bb) the number of such visa applications approved pursuant to each blanket petition. ``(IX) A gender breakdown by occupation and by country of origin for the nonimmigrants described in section 101(a)(15)(L). ``(X) list of all employers who conduct outplacement of nonimmigrants described in section 101(a)(15)(L). ``(XI) The number of nonimmigrants described in section 101(a)(15)(L) categorized by their highest level of education and major or primary field of study, and whether such education was obtained in the United States or in a foreign country. ``(XII) The number of petitions which have been authorized as blanket petitions under paragraph (2)(A). ``(iv) Reporting required by this subparagraph includes information gathered on petitions for nonimmigrant status or in any other manner, including consular processing, and computer systems managed by the Secretary of Homeland Security for tracking students and exchange visitors. ``(v) The information included in the reports under this subparagraph shall be disaggregated by nonimmigrant visa type and each subclass, if applicable as set forth in subparagraph (C). ``(vi) The annual reports required under this subparagraph shall be submitted not later than 3 months after the end of each fiscal year and shall contain data pertaining to the requested categories from the immediately preceding fiscal year. ``(B)(i) The Secretary of Homeland Security shall maintain an accurate count of the number of aliens subject to numerical limitations, if any, of the visa issued or nonimmigrant status provided, including under subsection (g)(1). ``(ii) The Secretary of Homeland Security shall notify, on a quarterly basis, the Committees on the Judiciary of the House of Representatives and the Senate of the numbers of aliens who during the preceding 3-month period were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b). ``(iii) The Secretary of Homeland Security shall notify, on a semiannual basis, the Committees on the Judiciary of the House of Representatives and the Senate of the number of aliens who during the preceding 1-year period were issued visas or otherwise provided nonimmigrant status under all annually capped visas enumerated in section 101(a)(15) or who had such a visa or such status revoked or otherwise terminated. ``(iv) Each notification under clause (i), and each submission under clause (ii), shall include the number of aliens who were issued visas or otherwise provided nonimmigrant status pursuant to petitions filed by institutions or organizations described in section 212(p)(1). ``(C) The Secretary of Homeland Security shall collect and report the required data described in subparagraphs (A) and (B) for nonimmigrant visas issued, or nonimmigrant status granted, under any subparagraph of section 101(a)(15) and disaggregate the data accordingly with respect to any particular subclass, or employment- authorized exchange or training program authorized under each subclass or otherwise specified in regulations or Federal agency guidance or directives, including-- ``(i) with respect to section 101(a)(15)(J), the specific program provisions enumerated in subpart B of part 62 of title 22, Code of Federal Regulations; ``(ii) with respect to section 101(a)(15)(B), the specific categories of business visitor activity enumerated in notes 9- 11 of section 41.31 of volume 9, U.S. Department of State Foreign Affairs Manual; and ``(iii) with respect to section 101(a)(15)(F), all persons granted employment authorization pursuant to the provisions enumerated in section 214.2(f)(10) of title 8, Code of Federal Regulations. ``(D) If the Secretary of Homeland Security determines that information maintained by either the Secretary of State or the Secretary of Labor is required to make a submission described in this paragraph, for example if any of the required information is gathered during consular processing or during the labor certification process, the Secretaries of State and Labor shall provide such information to the Secretary of Homeland Security upon request. ``(E) The Secretaries of Homeland Security, State, and Labor shall take such steps as are necessary to revise any applications, petition forms, and databases used for nonimmigrant visas or status under each subparagraph and corresponding subcategory or subclass of section 101(a)(15) which permit an alien beneficiary to work in the United States under any circumstances, including training or business activities which result in receiving any form of compensation, including a stipend, from any source, so as to ensure that sufficient information is collected to report the data as required under this paragraph.''.

Summary: Transparency in Reporting to Protect American Workers and Prevent Human Trafficking Act - Amends the Immigration and Nationality Act to revise and expand the data reporting requirements to cover all nonimmigrant employees. Requires that such information be available on a public website.


SECTION 1. SHORT TITLE. This Act may be cited as the ``American Community Renewal Act of 2002''. SEC. 2. ADDITIONAL DESIGNATIONS OF RENEWAL COMMUNITIES. (a) In General.--Section 1400E of the Internal Revenue Code of 1986 (relating to designation of renewal communities) is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f) Additional Designations Permitted.-- ``(1) In general.--In addition to the areas designated under subsection (a), the Secretary of Housing and Urban Development may designate in the aggregate an additional 20 nominated areas as renewal communities under this section, subject to the availability of eligible nominated areas. Of that number, not less than 5 shall be designated in areas described in subsection (a)(2)(B). ``(2) Period designations may be made and take effect.--A designation may be made under this subsection after the date of the enactment of this subsection and before January 1, 2004. Subject to subparagraphs (B) and (C) of subsection (b)(1), such designations shall remain in effect during the period beginning on January 1, 2004, and ending on December 31, 2011. ``(3) Modifications to eligibility determinations.--The rules of this section shall apply to designations under this subsection, except that population and poverty rate shall be determined by using the 2000 census.''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. NONRECOGNITION OF GAIN ON PROCEEDS OF SALE OF REAL PROPERTY WHICH ARE INVESTED IN RENEWAL COMMUNITY, ETC. BUSINESSES. (a) In General.--Part III of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to common nontaxable exchanges) is amended by adding at the end the following new section: ``SEC. 1046. NONRECOGNITION OF GAIN ON PROCEEDS OF SALE OF REAL PROPERTY WHICH ARE INVESTED IN RENEWAL COMMUNITY, ETC. BUSINESSES. ``(a) Nonrecognition of Gain.--In the case of a sale of real property held by the taxpayer for more than 1 year and with respect to which the taxpayer elects the application of this section, gain from such sale shall be recognized only to the extent that the amount realized on such sale exceeds-- ``(1) the cost of any qualified asset purchased by the taxpayer during the 60-day period beginning on the date of such sale, reduced by ``(2) any portion of such cost previously taken into account under this section. ``(b) Qualified Asset.--For purposes of this section, the term `qualified asset' means-- ``(1) any qualified empowerment zone asset (as defined in section 1397B), ``(2) any qualified community asset (as defined in section 1400F(b)), and ``(3) any property which would be a qualified empowerment zone asset (as so defined) if enterprise communities and HUB zones were treated as empowerment zones. ``(c) Special Rules.-- ``(1) Ordinary income not eligible for rollover.--This section shall not apply to any gain which is treated as ordinary income for purposes of this subtitle. ``(2) Purchase.--A taxpayer shall be treated as having purchased any property if, but for paragraph (4), the unadjusted basis of such property in the hands of the taxpayer would be its cost (within the meaning of section 1012). ``(3) Basis adjustments.--If gain from any sale is not recognized by reason of subsection (a), such gain shall be applied to reduce (in the order acquired) the basis for determining gain or loss of any qualified asset which is purchased by the taxpayer during the 60-day period described in subsection (a). This paragraph shall not apply for purposes of section 1202. ``(4) Holding period.--For purposes of determining whether the nonrecognition of gain under subsection (a) applies to any qualified asset which is sold-- ``(A) the taxpayer's holding period for such asset and the asset referred to in subsection (a)(1) shall be determined without regard to section 1223, and ``(B) only the first year of the taxpayer's holding period for the asset referred to in subsection (a)(1) shall be taken into account for purposes of paragraphs (2)(A)(iii), (3)(C), and (4)(A)(iii) of section 1400F(b) or comparable rules under section 1397B.''. (b) Technical Amendments.-- (1) Paragraph (23) of section 1016(a) of such Code is amended is amended-- (A) by striking ``or 1397B'' and inserting ``1397B, or 1046'', and (B) by striking ``or 1397B(b)(4)'' and inserting ``1397B(b)(4), or 1046(c)(4)''. (2) Paragraph (15) of section 1223 is amended by striking ``or 1397B'' and inserting ``, 1397B, or 1046''. (3) The table of sections for part III of subchapter O of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1046. Nonrecognition of gain on proceeds of sale of real property which are invested in renewal community, etc. businesses.'' (c) Effective Date.--The amendments made by this section shall apply to sales after the date of the enactment of this Act. SEC. 4. LOCAL ALLOCATION OF COMMERCIAL REVITALIZATION DEDUCTION AMOUNTS WHERE STATE FAILS TO ADOPT ALLOCATION PLAN. (a) In General.--Subsection (e) of section 1400I of the Internal Revenue Code of 1986 (relating to commercial revitalization deduction) is amended by adding at the end the following new paragraph: ``(3) Local allocation of revitalization amount where state fails to adopt allocation plan.--If a qualified allocation plan with respect to any State is not approved as provided in paragraph (1) before the 120th day after the date of the enactment of this paragraph, then, beginning on such 120th day-- ``(A) subsection (d)(3) shall cease to apply, and ``(B) the term `commercial revitalization agency' means, with respect to any renewal community, any agency authorized to carry out this section by the local governmental unit having within its jurisdiction the largest portion of such community.''. (b) Effective Date.--The amendment made by this section shall take effect the date of the enactment of this Act.

Summary: American Community Renewal Act of 2002 - Amends the Internal Revenue Code to: (1) provide for the designation of 20 additional renewal communities; (2) permit the nonrecognition of gain on proceeds of sales of real property which are invested in qualified renewal community zone assets; and (3) provide for the local allocation of commercial revitalization expenditure amounts if a State fails to adopt a qualified allocation plan.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Protection and Preparedness Act of 2016''. SEC. 2. RAIL SPILL PREPAREDNESS FUND. (a) In General.--Chapter 51 of title 49, United States Code, is amended by inserting after section 5110 the following: ``Sec. 5111. Rail spill preparedness fund ``(a) Establishment of Rail Account.--There is established in the Oil Spill Liability Trust Fund a separate account to be known as the `Rail Account' consisting of such amounts as may be appropriated, credited, deposited, or transferred to such account as provided in this section. ``(b) Fee for Certain Railroad Tank Cars Transporting Class 3 Flammable Liquids.--Not later than October 1, 2017, and annually thereafter, the Secretary shall impose a fee of $1,500 for each DOT-111 specification railroad tank car, including each CPC-1232 tank car, used to transport Class 3 flammable liquids during the previous fiscal year that, at the time such tank car was used, did not meet the DOT-117, DOT-117P, or DOT-117R specifications in part 179 of title 49, Code of Federal Regulations. Such fee shall be-- ``(1) paid by each person who causes such liquids to be transported by such a tank car in commerce; and ``(2) imposed regardless of-- ``(A) train composition; or ``(B) the phase-out schedule under section 7304(b) of the FAST Act (49 U.S.C. 20155 note). ``(c) Limitation.--A fee imposed pursuant to subsection (b) may not be imposed on a railroad carrier that transports Class 3 flammable liquids. ``(d) Means of Collection.--The Secretary shall prescribe procedures to collect the fees described in subsection (b). The Secretary may use a department, agency, or instrumentality of the United States Government or of a State or local government to collect the fee and may reimburse the department, agency, or instrumentality a reasonable amount for its services. ``(e) Deposits.--Amounts equivalent to the fees collected pursuant to subsection (b) shall be deposited into the Rail Account. ``(f) Expenditures.--Amounts deposited pursuant to subsection (e) shall be available to the Secretary, without need of further appropriation, only for the following purposes: ``(1) The payment of removal and remediation costs and other costs, expenses, claims, and damages related to an accident or incident involving the transportation of Class 3 flammable liquids by rail. ``(2) For the Secretary to make grants to States and Indian tribes to-- ``(A) to develop, improve, and carry out emergency plans under the Emergency Planning and Community Right- To-Know Act of 1986 (42 U.S.C. 11001 et seq.) related to an accident or incident involving the transportation of Class 3 flammable liquids by rail, including ascertaining flow patterns of Class 3 flammable liquids on lands under the jurisdiction of a State or Indian tribe and lands of another State or Indian tribe; ``(B) to develop and train regional hazardous material emergency response teams to prepare for an accident or incident involving the transportation of Class 3 flammable liquids by rail; ``(C) to train public sector employees to respond to accidents and incidents involving the transportation of Class 3 flammable liquids by rail consistent with the requirements of section 5116; and ``(D) for any other measures that the Secretary, in consultation with States and Indian tribes, determines necessary to assist such States and Indian tribes in preparing for accidents and incidents involving the transportation of Class 3 flammable liquids by rail. ``(g) Public Sector Training Standards.--To the extent that a grant under subsection (f) is used to train emergency responders, the State or Indian tribe shall ensure that the emergency responders who receive training under the grant have the ability to protect nearby persons, property, and the environment from the effects of accidents or incidents involving the transportation of hazardous material in accordance with existing regulations or National Fire Protection Association standards for competence of responders to accidents and incidents involving hazardous materials, including the transportation of Class 3 flammable liquids by rail. ``(h) No Effect on Compliance or Liability Under Federal or State Law.--Nothing in this section may be construed to affect or limit the application of, obligation to comply with, or liability under any Federal or State law. ``(i) Definitions.-- ``(1) Class 3 flammable liquid.--The term `Class 3 flammable liquid' has the meaning given the term flammable liquid in section 173.120(a) of title 49, Code of Federal Regulations. ``(2) Railroad carrier.--The term `railroad carrier' has the meaning given such term in section 20102.''. (b) Conforming Amendment.--The analysis for chapter 51 of title 49, United States Code, is amended by inserting after the item relating to section 5110 the following new item: ``5111. Rail spill preparedness fund.''. SEC. 3. INCREASED INSPECTIONS OF CERTAIN RAIL TRACK. (a) In General.--Not later than 9 months after the date of enactment of this Act, the Secretary of Transportation shall issue such regulations as are necessary to require each Class I railroad carrier to inspect all track where an accident or incident involving the transportation of flammable liquids or material poisonous or toxic by inhalation by rail could affect a high consequence area, in accordance with a schedule prescribed by the Secretary. (b) Method of Inspection.--The inspections required under subsection (a) shall be carried out-- (1) on foot; and (2) periodically, by a gage restraint measurement system, as described in section 213.110 of title 49, Code of Federal Regulations. (c) Remedial Action.--If the individual making an inspection required under subsection (a) finds a deviation from the requirements of part 213 of title 49, Code of Federal Regulations, the individual shall immediately initiate remedial action. (d) Other Railroad Carriers.--Nothing in this section shall be construed to restrict the discretion of the Secretary to require railroad carriers other than Class I railroad carriers to inspect track in accordance with this section. In exercising such discretion, the Secretary shall consider the risk to the public and to railroad employees associated with the operations of the railroad carrier and the transportation of flammable liquids or material poisonous or toxic by inhalation by rail. (e) Definitions.--In this section: (1) High consequence area.--The term ``high consequence area'' means-- (A) a commercially navigable waterway, which means a waterway where a substantial likelihood of commercial navigation exists; (B) a high population area, which means an urbanized area, as defined and delineated by the Census Bureau, that contains 50,000 or more people and has a population density of at least 1,000 people per square mile; (C) an other populated area, which means a place, as defined and delineated by the Census Bureau, that contains a concentrated population, such as an incorporated or unincorporated city, town, village, or other designated residential or commercial area; or (D) an unusually sensitive area, including a drinking water or ecological resource area that is unusually sensitive to environmental damage. (2) Material poisonous or toxic by inhalation.--The term ``material poisonous or toxic by inhalation'' has the meaning given the terms material poisonous by inhalation and material toxic by inhalation in section 171.8 of title 49, Code of Federal Regulations. (3) Other definitions.--The definitions contained in section 20102 of title 49, United States Code, shall apply to this section. SEC. 4. TRACK SAFETY SPECIALISTS. There are authorized to be appropriated such sums as may be necessary for the Administrator of the Federal Railroad Administration to hire a minimum of 2 additional track safety specialists per region.

Summary: Community Protection and Preparedness Act of 2016 This bill requires the Department of Transportation (DOT), annually, to impose a $1,500 fee for each DOT-111 specification railroad tank car used to transport Class 3 flammable liquids during the previous fiscal year that did not meet DOT-117, DOT-117P, or DOT-117R specifications at the time it was used. Such fee shall be paid by each person who causes such liquids to be transported by such car in commerce and not by the railroad carrier that transports such liquids. Collected fees shall be deposited into a Rail Account established within the Oil Spill Liability Trust Fund and shall be available only for: (1) the payment of removal and remediation costs and other costs, expenses, claims, and damages related to an accident or incident involving the transportation of Class 3 flammable liquids by rail; and (2) DOT grants to states and Indian tribes to develop emergency plans and to train regional hazardous material emergency response teams and public employees responding to such an accident or incident. DOT shall issue such regulations as necessary to require each Class I railroad carrier to inspect all track where an accident or incident involving the transportation by rail of flammable liquids or material poisonous or toxic by inhalation could affect a "high consequence area" (a commercially navigable waterway, an area with a high or concentrated population, or an area that is unusually sensitive to environmental damage). The inspections shall be carried out on foot and by a gage restraint measurement system. An inspector who finds a deviation from requirements regarding track safety standards shall immediately initiate remedial action. Necessary amounts are authorized for the Federal Railroad Administration to hire at least two additional track safety specialists per region.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Women, Peace, and Security Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) Around the world, women remain under-represented in conflict prevention, conflict resolution, and post-conflict peace building efforts. (2) Despite the historic under-representation of women in conflict resolution processes, women in conflict-affected regions have nevertheless achieved significant success in-- (A) moderating violent extremism; (B) countering terrorism; (C) resolving disputes through nonviolent mediation and negotiation; and (D) stabilizing societies by enhancing the effectiveness of security services, peacekeeping efforts, institutions, and decision-making processes. (3) Research shows that-- (A) peace negotiations are more likely to end in a peace agreement when women's groups play an influential role in the negotiation process; (B) once reached, a peace agreement is 35 percent more likely to last at least 15 years if women have participated in the negotiation process; and (C) when women meaningfully participate, peace negotiations are more likely to address the underlying causes of the conflict, leading to more sustainable outcomes. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the meaningful participation of women in conflict prevention and conflict resolution processes helps to promote more inclusive and democratic societies and is critical to the long-term stability of countries and regions; (2) the political participation and leadership of women in fragile environments, particularly during democratic transitions, is critical to sustaining lasting democratic institutions; and (3) the United States should be a global leader in promoting the meaningful participation of women in conflict prevention, management, and resolution, and post-conflict relief and recovery efforts. SEC. 4. STATEMENT OF POLICY. It shall be the policy of the United States to promote the meaningful participation of women in all aspects of conflict prevention, management, and resolution, and post-conflict relief and recovery efforts, reinforced through diplomatic efforts and programs that-- (1) integrate the perspectives and interests of affected women into conflict-prevention activities and strategies; (2) encourage partner governments to adopt plans to improve the meaningful participation of women in peace and security processes and decision-making institutions; (3) promote the physical safety, economic security, and dignity of women and girls; (4) support the equal access of women to aid distribution mechanisms and services; (5) collect and analyze gender data for the purpose of developing and enhancing early warning systems of conflict and violence; (6) adjust policies and programs to improve outcomes in gender equality and the empowerment of women; and (7) monitor, analyze, and evaluate the efforts related to each strategy submitted under section 5 and the impact of such efforts. SEC. 5. UNITED STATES STRATEGY TO PROMOTE THE PARTICIPATION OF WOMEN IN CONFLICT PREVENTION AND PEACE BUILDING. (a) Requirement.--Not later than October 1, 2017, October 1, 2022, and October 1, 2027, the President, in consultation with the heads of the relevant Federal departments and agencies, shall submit to the appropriate congressional committees and make publicly available a single government-wide strategy, to be known as the Women, Peace, and Security Strategy, that provides a detailed description of how the United States intends to fulfill the policy objectives in section 4. The strategy shall-- (1) support and be aligned with plans developed by other countries to improve the meaningful participation of women in peace and security processes, conflict prevention, peace building, transitional processes, and decision-making institutions; and (2) include specific and measurable goals, benchmarks, performance metrics, timetables, and monitoring and evaluation plans, to ensure the accountability and effectiveness of all policies and initiatives carried out under the strategy. (b) Specific Plans for Agencies.--Each strategy under subsection (a) shall include a specific implementation plan from each of the relevant Federal departments and agencies that describes-- (1) the anticipated contributions of the department or agency, including technical, financial, and in-kind contributions, to implement the strategy; and (2) the efforts of the department or agency to ensure that the policies and initiatives carried out pursuant to the strategy are designed to achieve maximum impact and long-term sustainability. (c) Department of State Implementation.--Within each relevant bureau of the Department of State, the Secretary of State shall task the current Principal Deputy Assistant Secretary with the responsibility for the implementation of the strategy under subsection (a) and the specific implementation plan for the Department under subsection (b), with respect to the roles and responsibilities of such bureau. The Principal Deputy Assistant Secretaries tasked with such responsibility shall meet, at least twice a year, to review the implementation of the strategy and the plan and to contribute to the report under section 8(b). (d) Coordination.--The President should promote the meaningful participation of women in conflict prevention, in coordination and consultation with international partners, including multilateral organizations, stakeholders, and other relevant international organizations, particularly in situations in which the direct engagement of the United States is not appropriate or advisable. (e) Sense of Congress.--It is the sense of Congress that the President, in implementing each strategy submitted under subsection (a), should-- (1) provide technical assistance, training, and logistical support to female negotiators, mediators, peace builders, and stakeholders; (2) address security-related barriers to the meaningful participation of women; (3) increase the participation of women in existing programs funded by the United States Government that provide training to foreign nationals regarding law enforcement, the rule of law, or professional military education; (4) support appropriate local organizations, especially women's peace building organizations; (5) support the training, education, and mobilization of men and boys as partners in support of the meaningful participation of women; (6) encourage the development of transitional justice and accountability mechanisms that are inclusive of the experiences and perspectives of women and girls; (7) expand and apply gender analysis to improve program design and targeting; and (8) conduct assessments that include the perspectives of women before implementing any new initiatives in support of peace negotiations, transitional justice and accountability, efforts to counter violent extremism, or security sector reform. SEC. 6. TRAINING REQUIREMENTS REGARDING THE PARTICIPATION OF WOMEN IN CONFLICT PREVENTION AND PEACE BUILDING. (a) Foreign Service.--The Secretary of State, in conjunction with the Administrator of the United States Agency for International Development, shall ensure that all appropriate personnel (including special envoys, members of mediation or negotiation teams, relevant members of the civil service or Foreign Service, and contractors) responsible for or deploying to countries or regions considered to be at risk of, undergoing, or emerging from violent conflict obtain training, as appropriate, in the following areas, each of which shall include a focus on women and ensuring meaningful participation by women: (1) Conflict prevention, mitigation, and resolution. (2) Protecting civilians from violence, exploitation, and trafficking in persons. (3) International human rights law and international humanitarian law. (b) Department of Defense.--The Secretary of Defense shall ensure that relevant personnel receive training, as appropriate, in the following areas: (1) Training in conflict prevention, peace processes, mitigation, resolution, and security initiatives that specifically addresses the importance of meaningful participation by women. (2) Gender considerations and meaningful participation by women, including training regarding-- (A) international human rights law and international humanitarian law, as relevant; and (B) protecting civilians from violence, exploitation, and trafficking in persons. (3) Effective strategies and best practices for ensuring meaningful participation by women. SEC. 7. CONSULTATION AND COLLABORATION. (a) In General.--The Secretary of State and the Administrator of the United States Agency for International Development shall establish guidelines for overseas United States personnel of the Department or the Agency, as the case may be, to consult with stakeholders regarding United States efforts to-- (1) prevent, mitigate, or resolve violent conflict; and (2) enhance the success of mediation and negotiation processes by ensuring the meaningful participation of women. (b) Frequency and Scope.--The consultations required under subsection (a) shall take place regularly and include a range and representative sample of stakeholders, including local women, youth, ethnic and religious minorities, and other politically under- represented or marginalized populations. (c) Collaboration and Coordination.--The Secretary of State should work with international, regional, national, and local organizations to increase the meaningful participation of women in international peacekeeping operations, and should promote training that provides international peacekeeping personnel with the substantive knowledge and skills needed to ensure effective physical security and meaningful participation of women in conflict prevention and peace building. SEC. 8. REPORTS TO CONGRESS. (a) Briefing.--The Secretary of State, in conjunction with the Administrator of the United States Agency for International Development and the Secretary of Defense, shall brief the appropriate congressional committees, not later than 1 year after the date of the first submission of a strategy required under section 5, on-- (1) existing, enhanced, and newly established training carried out pursuant to section 6; and (2) the guidelines established for overseas United States personnel to engage in consultations with stakeholders, pursuant to section 7. (b) Report on Women, Peace, and Security Strategy.--Not later than 2 years after the date of the submission of each strategy required under section 5, the President shall submit to the appropriate congressional committees a report that-- (1) summarizes and evaluates the implementation of such strategy and the impact of United States diplomatic efforts and foreign assistance programs, projects, and activities to promote the meaningful participation of women; (2) describes the nature and extent of the coordination among the relevant Federal departments and agencies on the implementation of such strategy; (3) outlines the monitoring and evaluation tools, mechanisms, and common indicators to assess progress made on the policy objectives in section 4; and (4) describes the existing, enhanced, and newly established training carried out pursuant to section 6. SEC. 9. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives. (2) Stakeholders.--The term ``stakeholders'' means non- governmental and private sector entities engaged in or affected by conflict prevention and stabilization, peace building, protection, security, transition initiatives, humanitarian response, or related efforts, including-- (A) registered or non-registered nonprofit organizations, advocacy groups, business or trade associations, labor unions, cooperatives, credit unions, relief or development organizations, community and faith-based organizations, philanthropic foundations, and tribal leaders or structures; (B) independent media, educational, or research institutions; and (C) private enterprises, including international development firms, banks, and other financial institutions, particularly small businesses and businesses owned by women or disadvantaged groups. (3) Meaningful participation.--The term ``meaningful participation'' means safe, genuine, and effective access to, and present and active involvement in the full range of formal or informal processes related to negotiation or mediation with respect to any efforts toward the following: (A) Conflict prevention. (B) Resolution or mitigation of, or transition from, violent conflict. (C) Peacekeeping and peace building. (D) Post-conflict reconstruction, transition initiatives, elections, and governance. (E) Humanitarian response and recovery. (4) Relevant federal departments and agencies.--The term ``relevant Federal departments and agencies'' means-- (A) the United States Agency for International Development; (B) the Department of State; (C) the Department of Defense; (D) the Department of Homeland Security; and (E) any other department or agency specified by the President for purposes of this Act. Passed the House of Representatives November 15, 2016. Attest: KAREN L. HAAS, Clerk.

Summary: Women, Peace, and Security Act of 2016 This bill expresses the sense of Congress that: (1) the United States should be a global leader in promoting the participation of women in conflict prevention, management, and resolution and post-conflict relief and recovery efforts; and (2) the political participation and leadership of women in fragile environments, particularly during democratic transitions, is critical to sustaining democratic institutions. The President, not later than October 1 of 2017, 2022, and 2027, shall submit to the appropriate congressional committees and make public a Women, Peace, and Security Strategy, which shall: be aligned with other nations' plans to improve the participation of women in peace and security processes, conflict prevention, peace building, and decision-making institutions; and include goals and evaluation plans to ensure strategy effectiveness. Such a strategy shall include a specific implementation plan from each relevant federal agency. The President is urged to promote women's participation in conflict prevention. It is the sense of Congress that the President should: (1) provide technical assistance and training to female negotiators, peace builders, and stakeholders (non-governmental and private sector entities engaged in or affected by conflict prevention and stabilization, peace building, security, or related efforts); (2) address security-related barriers to women's participation; (3) increase women's participation in U.S.-funded programs that provide foreign nationals with law enforcement, rule of law, or military education training; (4) support appropriate local organizations, especially women's peace building organizations; and (5) expand gender analysis to improve program design. The Department of State shall ensure that personnel responsible for, or deploying to, countries or regions considered to be at risk of undergoing, or emerging from, violent conflict obtain training in the following areas, each of which shall include a focus on ensuring participation by women: conflict prevention, mitigation, and resolution; protecting civilians from violence, exploitation, and trafficking in persons; and international human rights law. The Department of Defense shall ensure that relevant personnel receive training in: conflict prevention, peace processes, mitigation, resolution, and security initiatives that addresses the importance of participation by women; and gender considerations and participation by women, including training regarding international human rights law and protecting civilians from violence, exploitation, and trafficking in persons. The State Department and the U.S. Agency for International Development shall establish guidelines for overseas U.S. personnel to consult with stakeholders regarding U.S. efforts to: prevent, mitigate, or resolve violent conflict; and enhance the success of mediation and negotiation processes by ensuring the meaningful participation of women. The State Department is urged to work with international, regional, national, and local organizations to increase the participation of women in international peacekeeping operations. The State Department shall brief the appropriate congressional committees on: (1) training regarding the participation of women in conflict resolution, and (2) guidelines established for overseas personnel to engage in stakeholder consultations. The President shall submit to the appropriate congressional committees a report that evaluates the implementation of such strategy and the impact of U.S. diplomatic efforts and foreign assistance programs to promote the participation of women.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Japanese Imperial Army Disclosure Act''. SEC. 2. ESTABLISHMENT OF JAPANESE IMPERIAL ARMY RECORDS INTERAGENCY WORKING GROUP. (a) Definitions.--In this section: (1) Agency.--The term ``agency'' has the meaning given such term under section 551 of title 5, United States Code. (2) Interagency group.--The term ``Interagency Group'' means the Japanese Imperial Army Records Interagency Working Group established under subsection (b). (3) Japanese imperial army records.--The term ``Japanese Imperial Army records'' means classified records or portions of records that pertain to any person with respect to whom the United States Government, in its sole discretion, has grounds to believe ordered, incited, assisted, or otherwise participated in the experimentation and persecution of any person because of race, religion, national origin, or political option, during the period beginning September 18, 1931, and ending on December 31, 1948, under the direction of, or in association with-- (A) the Japanese Imperial Army; (B) any government in any area occupied by the military forces of the Japanese Imperial Army; (C) any government established with the assistance or cooperation of the Japanese Imperial Army; or (D) any government which was an ally of the Imperial Army of Japan. (4) Record.--The term ``record'' means a Japanese Imperial Army record. (b) Establishment of Interagency Group.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the President shall establish the Japanese Imperial Army Records Interagency Working Group, which shall remain in existence for 3 years after the date the Interagency Group is established. (2) Membership.--The President shall appoint to the Interagency Group individuals whom the President determines will most completely and effectively carry out the functions of the Interagency Group within the time limitations provided in this section, including the Historian of the Department of State, the Archivist of the United States, the head of any other agency the President considers appropriate, and no more than 3 other persons. The head of an agency appointed by the President may designate an appropriate officer to serve on the Interagency Group in lieu of the head of such agency. (3) Initial meeting.--Not later than 90 days after the date of enactment of this Act, the Interagency Group shall hold an initial meeting and begin the functions required under this section. (c) Functions.--Not later than 1 year after the date of enactment of this Act, the Interagency Group shall, to the greatest extent possible consistent with section 3 of this Act-- (1) locate, identify, inventory, recommend for declassification, and make available to the public at the National Archives and Records Administration, all classified Japanese Imperial Army records of the United States; (2) coordinate with agencies and take such actions as necessary to expedite the release of such records to the public; and (3) submit a report to Congress, including the Committee on Government Reform of the House of Representatives, describing all such records, the disposition of such records, and the activities of the Interagency Group and agencies under this section. (d) Funding.--There are authorized to be appropriated such sum as may be necessary to carry out the provisions of this Act. SEC. 3. REQUIREMENT OF DISCLOSURE OF RECORDS. (a) Release of Records.-- (1) In general.--Subject to paragraphs (2), (3), and (4), the Japanese Imperial Army Records Interagency Working Group shall release in their entirety Japanese Imperial Army records. (2) Exception for privacy.--An agency head may exempt from release under paragraph (1) specific information, that would-- (A) constitute a clearly unwarranted invasion of personal privacy; (B) reveal the identity of a confidential human source, or reveal information about the application of an intelligence source or method, or reveal the identity of a human intelligence source when the unauthorized disclosure of that source would clearly and demonstrably damage the national security interests of the United States; (C) reveal information that would assist in the development or use of weapons of mass destruction; (D) reveal information that would impair United States cryptologic systems or activities; (E) reveal information that would impair the application of state-of-the-art technology within a United States weapon system; (F) reveal actual United States military war plans that remain in effect; (G) reveal information that would seriously and demonstrably impair relations between the United States and a foreign government, or seriously and demonstrably undermine ongoing diplomatic activities of the United States; (H) reveal information that would clearly, and demonstrably impair the current ability of United States Government officials to protect the President, Vice President, and other officials for whom protection services are authorized in the interest of national security; (I) reveal information that would seriously and demonstrably impair current national security emergency preparedness plans; or (J) violate a treaty or other international agreement. (3) Applications of exemptions.-- (A) In general.--In applying the exemptions provided in subparagraphs (B) through (J) of paragraph (2), there shall be a presumption that the public interest will be served by disclosure and release of the records of the Japanese Imperial Army. The exemption may be asserted only when the head of the agency that maintains the records determines that disclosure and release would be harmful to a specific interest identified in the exemption. An agency head who makes such a determination shall promptly report it to the committees of Congress with appropriate jurisdiction, including the Committee on the Judiciary of the Senate and the Committee on Government Reform of the House of Representatives. (B) Application of title 5.--A determination by an agency head to apply an exemption provided in subparagraphs (B) through (I) of paragraph (2) shall be subject to the same standard of review that applies in the case of records withheld under section 552(b)(1) of title 5, United States Code. (4) Limitation on exemptions.-- (A) In general.--The exemptions set forth in paragraph (2) shall constitute the only grounds pursuant to which an agency head may exempt records otherwise subject to release under paragraph (1). (B) Records related to investigation or prosecutions.--This subsection shall not apply to records-- (i) related to or supporting any active or inactive investigation, inquiry, or prosecution by the Office of Special Investigations of the Department of Justice; or (ii) solely in the possession, custody, or control of the Office of Special Investigations. (b) Inapplicability of National Security Act of 1947 Exemption.-- Section 701(a) of the National Security Act of 1947 (50 U.S.C. 431) shall not apply to any operational file, or any portion of any operational file, that constitutes a Japanese Imperial Army record under this Act. SEC. 4. EXPEDITED PROCESSING OF FOIA REQUESTS FOR JAPANESE IMPERIAL ARMY RECORDS. For purposes of expedited processing under section 552(a)(6)(E) of title 5, United States Code, any person who was persecuted in the manner described in section 2(a)(3) and who requests a Japanese Imperial Army record shall be deemed to have a compelling need for such record. SEC. 5. EFFECTIVE DATE. The provisions of this Act shall take effect on the date that is 90 days after the date of enactment of this Act.

Summary: Requires the Group to release such records in their entirety, with an exception for disclosures protected under Federal privacy laws or for certain national security information reasons. Provides a rebuttable presumption that the public interest will be served by the disclosure of such records. Provides for the expedited processing of Freedom of Information Act requests for such records by parties claiming to have been so persecuted.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Juvenile Corrections Act of 1997''. SEC. 2. GRANTS FOR FACILITIES FOR VIOLENT AND SERIOUS CHRONIC JUVENILE OFFENDERS. (a) Definitions.--In this section-- (1) the term ``Administrator'' means the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice; (2) the term ``combination'' has the same meaning as in section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603); (3) the term ``juvenile delinquency program'' has the same meaning as in section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603); (4) the term ``qualifying State'' means a State that has submitted, or a State in which an eligible unit of local government has submitted, a grant application that meets the requirements of subsections (c) and (e); (5) the terms ``secure detention facility'' and ``secure correctional facility'' have the same meanings as in section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603); (6) the term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands; and (7) the term ``unit of local government'' has the same meaning as in section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603). (b) Authorization of Grants.--The Administrator may make grants to States and units of local government, or combinations thereof, to assist them in planning, establishing, and operating secure detention facilities, secure correctional facilities, and other facilities and programs for violent juveniles and serious chronic juvenile offenders who are accused of or who have been adjudicated as having committed one or more offenses. (c) Applications.-- (1) In general.--The chief executive officer of a State or unit of local government that seeks to receive a grant under this section shall submit to the Administrator an application, in such form and in such manner as the Administrator may prescribe. (2) Contents.--Each application submitted under paragraph (1) shall-- (A) provide assurances that each facility or program funded with a grant under this section will provide appropriate educational and vocational training and substance abuse treatment for juvenile offenders; and (B) provide assurances that each facility or program funded with a grant under this section will afford juvenile offenders intensive post-release supervision and services. (d) Minimum Amount.--Of the total amount made available under subsection (g) to carry out this section in any fiscal year-- (1) except as provided in paragraph (2), each qualifying State, together with units of local government within the State, shall be allocated not less than 1.0 percent; and (2) the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated 0.2 percent. (e) Performance Evaluation.-- (1) Evaluation components.-- (A) In general.--Each facility or program funded with a grant under this section shall contain an evaluation component developed pursuant to guidelines established by the Administrator. (B) Outcome measures.--Each evaluation required by this subsection shall include outcome measures that can be used to determine the effectiveness of each program funded with grant under this section, including the effectiveness of the program in comparison with other juvenile delinquency programs in reducing the incidence of recidivism, and other outcome measures. (2) Periodic review and reports.-- (A) Review.--The Administrator shall review the performance of each recipient of a grant under this section. (B) Reports.--The Administrator may require a grant recipient to submit to the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice the results of the evaluations required under paragraph (1) and such other data and information as may be reasonably necessary to carry out the Administrator's responsibilities under this section. (f) Technical Assistance and Training.--The Administrator shall provide technical assistance and training to each recipient of a grant under this section to assist those recipients in achieving the purposes of this section. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $252,700,000 for fiscal year 1998; (2) $266,000,000 for fiscal year 1999; and (3) $275,310,000 for fiscal year 2000. SEC. 3. COMPENSATING REDUCTION OF AUTHORIZATION OF APPROPRIATIONS. Section 20108(a)(1) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13708(a)(1)) is amended by striking subparagraphs (C) through (E) and inserting the following: ``(C) $2,274,300,000 for fiscal year 1998; ``(D) $2,394,000,000 for fiscal year 1999; and ``(E) $2,477,790,000 for fiscal year 2000.''. SEC. 4. REPORT ON ACCOUNTABILITY AND PERFORMANCE MEASURES IN JUVENILE CORRECTIONS PROGRAMS. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Administrator shall, after consultation with the National Institute of Justice and other appropriate governmental and nongovernmental organizations, submit to Congress a report regarding the possible use of performance-based criteria in evaluating and improving the effectiveness of juvenile delinquency programs. (b) Contents.--The report required under this section shall include an analysis of-- (1) the range of performance-based measures that might be utilized as evaluation criteria, including measures of recidivism among juveniles who have been incarcerated in a secure correctional facility or a secure detention facility, or who have participated in a juvenile delinquency program; (2) the feasibility of linking Federal juvenile corrections funding to the satisfaction of performance-based criteria by grantees (including the use of a Federal matching mechanism under which the share of Federal funding would vary in relation to the performance of a facility or program); (3) whether, and to what extent, the data necessary for the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice to utilize performance-based criteria in its administration of juvenile delinquency programs are collected and reported nationally; and (4) the estimated cost and feasibility of establishing minimal, uniform data collection and reporting standards nationwide that would allow for the use of performance-based criteria in evaluating secure correctional facilities, secure detention facilities, and juvenile delinquency programs and in administering amounts appropriated for Federal juvenile delinquency programs.

Summary: Juvenile Corrections Act of 1997 - Authorizes the Administrator of Juvenile Justice and Delinquency Prevention to make grants to assist States and local governments in planning, establishing, and operating secure detention and correctional facilities and other facilities and programs for violent juveniles and serious chronic juvenile offenders who are accused of, or who have been adjudicated as having committed, one or more offenses. Sets forth provisions regarding: (1) application requirements; (2) minimum amounts allocated to qualifying States; (3) performance evaluations; and (4) technical assistance and training. Authorizes appropriations. Amends the Violent Crime Control and Law Enforcement Act of 1994 to make a compensating reduction of the authorization of appropriations from Violent Offender Incarceration and Truth in Sentencing Incentive Grants. Directs the Administrator to submit to the Congress a report regarding the possible use of performance-based criteria in evaluating and improving the effectiveness of juvenile delinquency programs.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Counterfeit Merchandise Prevention Act''. SEC. 2. EXCHANGE OF INFORMATION RELATED TO TRADE ENFORCEMENT. Section 1905 of title 18, United States Code, is amended-- (1) by striking ``Whoever'' and inserting ``(a) In General.--Whoever''; and (2) by adding at the end the following: ``(b) Provision of Information Relating to Merchandise Presented to Customs.--It shall not be a violation of this section for an officer or employee of U.S. Customs and Border Protection, at the time that merchandise is presented for examination and thereafter, to provide to the owner of a copyright or a registered mark, or to any person who may be injured by a violation of section 1201 of title 17-- ``(1) any information appearing on the merchandise, including its retail packaging, ``(2) a sample of the merchandise and its retail packaging, or ``(3) digital images of the merchandise and its retail packaging, as it was presented to U.S. Customs and Border Protection, without redaction, whether imported into or exported from the United States, or attempted to be exported from the United States, for purposes of determining whether the merchandise or its retail packaging infringes the copyright, bears or consists of a counterfeit mark of the registered mark, or is in violation of section 1201 of title 17, as the case may be. ``(c) Provision of Information Relating to Seized Merchandise.--It shall not be a violation of this section for an officer or employee of U.S. Customs and Border Protection, after seizing merchandise pursuant to a determination that the merchandise is in violation of section 1201 of title 17, to provide, to persons injured by the violation, information with respect to the merchandise, including, but not limited to, the following: ``(1) The date of importation. ``(2) The port of entry. ``(3) The description of the merchandise from the entry. ``(4) The quantity involved. ``(5) The country of origin of the merchandise. ``(6) The name and address of the foreign manufacturer. ``(7) The name and address of the exporter. ``(8) The name and address of the importer. ``(9) Photographic or digital images of the merchandise. ``(d) Definitions.--As used in this section-- ``(1) the term `registered mark' has the meaning given that term in section 45 of the Lanham Act (15 U.S.C. 1127); ``(2) the term `Lanham Act' has the meaning given that term in section 2320(e) of this title; ``(3) the term `counterfeit mark' has the meaning given that term in section 2320(e) of this title; and ``(4) the term `without redaction' means, with respect to merchandise, without removing, revising, or otherwise obscuring any information, codes, marks, numbers, or any other markings that appear on the merchandise or its retail packaging. ``(e) Rule of Construction.--Subsections (b), (c), and (d) apply only with respect to tangible goods presented to U.S. Customs and Border Protection for importation into, or exportation from, the United States.''. SEC. 3. PREVENTION OF IMPORTATION OF MANUFACTURED GOODS BEARING INFRINGING MARKS. (a) In General.--Section 42 of the Lanham Act (15 U.S.C. 1124), is amended-- (1) in the first sentence, by striking ``Except as'' and inserting ``(a) In General.--Except as''; (2) by striking ``of the Treasury'' each place it appears and inserting ``of Homeland Security''; and (3) by adding at the end the following: ``(b) Detention of Critical Merchandise.--With respect to critical merchandise that bears a registered trademark recorded under subsection (a), if U.S. Customs and Border Protection detains the merchandise because the merchandise is suspected of bearing a counterfeit mark, then, upon such detention, the Secretary-- ``(1) shall provide to the owner of the registered trademark any information on the critical merchandise and its packaging and labels, including, without redaction, photographs or digital images of the critical merchandise, packaging, and labels; and ``(2) may, at any time, subject to any applicable bonding and return requirements, provide to the owner of the registered trademark samples of the critical merchandise, without redaction. ``(c) Definitions.--In this section: ``(1) Critical merchandise.-- ``(A) In general.--The term `critical merchandise' includes-- ``(i) aircraft engines, appliances, propellers, and spare parts; ``(ii) children's sleepwear; ``(iii) cosmetics; ``(iv) devices; ``(v) drugs; ``(vi) food; ``(vii) motor vehicle equipment; ``(viii) pesticide chemicals; ``(ix) semiconductors; ``(x) tobacco products; ``(xi) any item on the United States Munitions List established under section 38(a) of the Arms Export Control Act (22 U.S.C. 2778(a)); and ``(xii) any other article of manufacture that the Secretary determines could, if permitted entry into the United States in violation of the laws of the United States pose a danger to the health, safety, or welfare of consumers, or to the national security of the United States. ``(B) Other definitions.--For purposes of subparagraph (A)-- ``(i) the terms `aircraft engine', `appliance', `propeller', and `spare part' have the meanings given those terms in section 40102(a) of title 49, United States Code; ``(ii) the term `children's sleepwear' has the meaning given that term in sections 1615.1 and 1616.2 of title 16, Code of Federal Regulations, or successor regulations; ``(iii) the terms `cosmetic', `device', `drug', `food', `pesticide chemical', and `tobacco product' have the meanings given those terms in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321); ``(iv) the term `motor vehicle equipment' has the meaning given that term in section 30102(a) of title 49, United States Code; and ``(v) the term `semiconductor' means `semiconductor chip product' as defined in section 901 of title 17. ``(2) Secretary.--The term `Secretary' means the Secretary of Homeland Security. ``(3) Without redaction.--The term `without redaction' means, with respect to merchandise, without removing, revising, or otherwise obscuring any information, codes, marks, numbers, or any other markings that appear on the merchandise or its retail packaging. ``(d) Rule of Construction.--This section applies only with respect to tangible goods presented to U.S. Customs and Border Protection for importation into the United States.''. (b) Definition.--In this section, the term ``Lanham Act'' means the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (15 U.S.C. 1051 et seq.). (c) Effective Date.--The amendments made by this section shall take effect upon the expiration of the 60-day period beginning on the date of the enactment of this Act.

Summary: Foreign Counterfeit Merchandise Prevention Act - Amends the federal criminal code to provide that it shall not be a violation of the prohibition against a federal employee disclosing trade secrets or other confidential or proprietary information for an officer or employee of U.S. Customs and Border Protection (CBP): (1) at the time that merchandise is presented for examination and thereafter, to provide the owner of a copyright or a registered mark or any person who may be injured by a circumvention of copyright protection systems with any information appearing on the merchandise, including its retail packaging, or a sample or image of such merchandise and its retail packaging, for the purposes of determining whether the merchandise or its packaging infringes the copyright, bears or consists of a counterfeit mark of the registered mark, or is a violation of copyright protection systems; or (2) after seizing merchandise determined to be in violation of copyright protection systems, to provide certain information to persons injured by such violation, including the date of importation, the port of entry, a description of the merchandise, the country of origin of the merchandise, the names and addresses of the foreign manufacturer, the exporter, and the importer, and a photographic or digital image of the merchandise. Applies such exemption only with respect to tangible goods presented to the CBP for importation into, or exportation from, the United States. Amends the Lanham Act to direct the Secretary of Homeland Security (DHS) (the Secretary) to record and transmit to customs officers any contact information, documentation of the locality in which goods were manufactured, and copies of trademark registrations furnished by domestic or eligible foreign manufacturers or traders for the purpose of aiding the enforcement of a prohibition on the importation of goods bearing infringing marks or names. (Currently, such activities are performed by the Secretary of the Treasury.) Requires the Secretary, if the CBP detains critical merchandise bearing a DHS-recorded registered trademark, to provide the trademark owner any information on such critical merchandise and its packaging and labels, including, without redaction, photographs or digital images, packaging, and labels. Permits the Secretary, subject to any bonding and return requirements, to provide the owner samples of the critical merchandise without redaction. Defines "critical merchandise" to include: (1) aircraft engines, appliances, propellers, and spare parts; (2) children's sleepwear, cosmetics, devices, drugs, food, motor vehicle equipment, pesticide chemicals, semiconductors, and tobacco products; (3) items on the U.S. Munitions List established under specified provisions of the Arms Export Control Act; and (4) any other article of manufacture that the Secretary determines could, if permitted entry into the United States in violation of the U.S. laws, pose a danger to the health, safety, or welfare of consumers, or to the national security of the United States. Applies such Lanham Act amendments only with respect to tangible goods presented to the CBP for importation into the United States.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Guard and Reserve Readiness and Retention Act of 2004''. SEC. 2. ELIGIBILITY FOR RETIRED PAY FOR NON-REGULAR SERVICE. (a) Age and Service Requirements.--Subsection (a) of section 12731 of title 10, United States Code, is amended to read as follows: ``(a)(1) Except as provided in subsection (c), a person is entitled, upon application, to retired pay computed under section 12739 of this title, if the person-- ``(A) satisfies one of the combinations of requirements for minimum age and minimum number of years of service (computed under section 12732 of this title) that are specified in the table in paragraph (2); ``(B) performed the last six years of qualifying service while a member of any category named in section 12732(a)(1) of this title, but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve, except that in the case of a person who completed 20 years of service computed under section 12732 of this title before October 5, 1994, the number of years of qualifying service under this subparagraph shall be eight; and ``(C) is not entitled, under any other provision of law, to retired pay from an armed force or retainer pay as a member of the Fleet Reserve or the Fleet Marine Corps Reserve. ``(2) The combinations of minimum age and minimum years of service required of a person under subparagraph (A) of paragraph (1) for entitlement to retired pay as provided in such paragraph are as follows: ``Age, in years, is The minimum years of service at least: required for that age is: 53...................................................... 34 54...................................................... 32 55...................................................... 30 56...................................................... 28 57...................................................... 26 58...................................................... 24 59...................................................... 22 60...................................................... 20.''. (b) 20-Year Letter.--Subsection (d) of such section is amended by striking ``the years of service required for eligibility for retired pay under this chapter'' in the first sentence and inserting ``20 years of service computed under section 12732 of this title.''. (c) Effective Date.--This section and the amendments made by this subsection (a) shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act and shall apply with respect to retired pay payable for that month and subsequent months. SEC. 3. EXPANDED ELIGIBILITY OF READY RESERVE MEMBERS UNDER TRICARE PROGRAM. (a) Unconditional Eligibility.--Subsection (a) of section 1076b of title 10, United States Code, is amended by striking ``and receive benefits'' and all that follows through ``an employer-sponsored health benefits plan''. (b) Permanent Authority.--Subsection (l) of such section is repealed. (c) Conforming Repeal of Obsolete Provisions.--Such section is further amended-- (1) by striking subsections (i) and (j); and (2) by redesignating subsection (k) as subsection (i). SEC. 4. CONTINUATION OF NON-TRICARE HEALTH BENEFITS PLAN COVERAGE FOR CERTAIN RESERVES CALLED OR ORDERED TO ACTIVE DUTY AND THEIR DEPENDENTS. (a) Required Continuation.--(1) Chapter 55 of title 10, United States Code, is amended by inserting after section 1078a the following new section: ``Sec. 1078b. Continuation of non-TRICARE health benefits plan coverage for dependents of certain Reserves called or ordered to active duty ``(a) Payment of Premiums.--The Secretary concerned shall pay the applicable premium to continue in force any qualified health benefits plan coverage for the members of the family of an eligible reserve component member for the benefits coverage continuation period if timely elected by the member in accordance with regulations prescribed under subsection (j). ``(b) Eligible Member; Family Members.--(1) A member of a reserve component is eligible for payment of the applicable premium for continuation of qualified health benefits plan coverage under subsection (a) while serving on active duty pursuant to a call or order issued under a provision of law referred to in section 101(a)(13)(B) of this title during a war or national emergency declared by the President or Congress. ``(2) For the purposes of this section, the members of the family of an eligible reserve component member include only the member's dependents described in subparagraphs (A), (D), and (I) of section 1072(2) of this title. ``(c) Qualified Health Benefits Plan Coverage.--For the purposes of this section, health benefits plan coverage for the members of the family of a reserve component member called or ordered to active duty is qualified health benefits plan coverage if-- ``(1) the coverage was in force on the date on which the Secretary notified the reserve component member that issuance of the call or order was pending or, if no such notification was provided, the date of the call or order; ``(2) on such date, the coverage applied to the reserve component member and members of the family of the reserve component member; and ``(3) the coverage has not lapsed. ``(d) Applicable Premium.--The applicable premium payable under this section for continuation of health benefits plan coverage for the family members of a reserve component member is the amount of the premium payable by the member for the coverage of the family members. ``(e) Maximum Amount.--The total amount that the Department of Defense may pay for the applicable premium of a health benefits plan for the family members of a reserve component member under this section in a fiscal year may not exceed the amount determined by multiplying-- ``(1) the sum of one plus the number of the family members covered by the health benefits plan, by ``(2) the per capita cost of providing TRICARE coverage and benefits for dependents under this chapter for such fiscal year, as determined by the Secretary of Defense. ``(f) Benefits Coverage Continuation Period.--The benefits coverage continuation period under this section for qualified health benefits plan coverage for the family members of an eligible reserve component member called or ordered to active duty is the period that-- ``(1) begins on the date of the call or order; and ``(2) ends on the earlier of-- ``(A) the date on which the reserve component member's eligibility for transitional health care under section 1145(a) of this title terminates under paragraph (3) of such section; ``(B) the date on which the reserve component member elects to terminate the continued qualified health benefits plan coverage of the member's family members; or ``(C) December 31, 2005. ``(g) Extension of Period of COBRA Coverage.--Notwithstanding any other provision of law-- ``(1) any period of coverage under a COBRA continuation provision (as defined in section 9832(d)(1) of the Internal Revenue Code of 1986) for an eligible reserve component member under this section shall be deemed to be equal to the benefits coverage continuation period for such member under this section; and ``(2) with respect to the election of any period of coverage under a COBRA continuation provision (as so defined), rules similar to the rules under section 4980B(f)(5)(C) of such Code shall apply. ``(h) Nonduplication of Benefits.--A member of the family of a reserve component member who is eligible for benefits under qualified health benefits plan coverage paid on behalf of the reserve component member by the Secretary concerned under this section is not eligible for benefits under the TRICARE program during a period of the coverage for which so paid. ``(i) Revocability of Election.--A reserve component member who makes an election under subsection (a) may revoke the election. Upon such a revocation, the member's family members shall become eligible for benefits under the TRICARE program as provided for under this chapter. ``(j) Regulations.--The Secretary of Defense shall prescribe regulations for carrying out this section. The regulations shall include such requirements for making an election of payment of applicable premiums as the Secretary considers appropriate.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1078a the following new item: ``1078b. Continuation of non-TRICARE health benefits plan coverage for dependents of certain Reserves called or ordered to active duty.''. (b) Applicability.--Section 1078b of title 10, United States Code (as added by subsection (a)), shall apply with respect to calls or orders of members of reserve components of the Armed Forces to active duty as described in subsection (b) of such section, that are issued by the Secretary of a military department before, on, or after the date of the enactment of this Act, but only with respect to qualified health benefits plan coverage (as described in subsection (c) of such section) that is in effect on or after the date of the enactment of this Act.

Summary: Guard and Reserve Readiness Retention Act of 2004 - Makes eligible for retired pay non-regular service reserve personnel who obtain the following age and years of reserve service: (1) 60 and 20; (2) 59 and 22; (3) 58 and 24; (4) 57 and 26; (5) 56 and 28; (6) 55 and 30; (7) 54 and 32; and (8) 53 and 34. (Currently, only those obtaining 60 years of age with 20 years of such service are eligible.) Removes the requirement that members of the Selected Reserve and the Individual Ready Reserve may be eligible for benefits under TRICARE (a Department of Defense managed health care program) only if such members: (1) are eligible unemployment compensation recipients; or (2) are not eligible for health care benefits under any employer-sponsored health benefits plan. Makes such eligibility permanent (currently terminates December 31, 2004). Directs the Secretary of the military department concerned to pay the applicable premium to continue in force any qualified health plan coverage for a reserve member (and his or her dependents) while the member is serving on active duty pursuant to a call or order issued during a war or national emergency declared by the President or Congress. Requires the continuation of COBRA coverage during such period. Prohibits simultaneous coverage under both the qualified health plan and TRICARE.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Health Information Technology Financing Act of 2009''. SEC. 2. SMALL BUSINESS HEALTH INFORMATION TECHNOLOGY FINANCING PROGRAM. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 44 as section 45; and (2) by inserting after section 43 the following: ``SEC. 44. LOAN GUARANTEES FOR HEALTH INFORMATION TECHNOLOGY. ``(a) Definitions.--In this section-- ``(1) the term `cost' has the meaning given that term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a); ``(2) the term `eligible professional' means-- ``(A) a physician (as defined in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r))); ``(B) a practitioner described in section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)); ``(C) a physical or occupational therapist; ``(D) a qualified speech-language pathologist (as defined in section 1861(ll)(4)(A) of the Social Security Act (42 U.S.C. 1395x(ll)(4)(A)); ``(E) a qualified audiologist (as defined in section 1861(ll)(4)(B) of the Social Security Act (42 U.S.C. 1395x(ll)(4)(B)); ``(F) a qualified medical transcriptionist; ``(G) a State-licensed pharmacist; ``(H) a State-licensed supplier of durable medical equipment, prosthetics, orthotics, or supplies; and ``(I) a State-licensed, a State-certified, or a nationally accredited home health care provider; ``(3) the term `health information technology'-- ``(A) means computer hardware, software, and related technology that-- ``(i) supports the requirements for being treated as a meaningful EHR user (as described in section 1848(o)(2)(A) of the Social Security Act (42 U.S.C. 1395w-4(o)(2)(A))) and is purchased by an eligible professional to aid in the provision of health care in a health care setting, including electronic medical records; and ``(ii) provides for-- ``(I) enhancement of continuity of care for patients through electronic storage, transmission, and exchange of relevant personal health data and information, such as ensuring that this information is accessible at the times and places where clinical decisions will be or are likely to be made; ``(II) enhancement of communication between patients and health care providers; ``(III) improvement of quality measurement by eligible professionals enabling the eligible professionals to collect, store, measure, and report on the processes and outcomes of individual and population performance and quality of care; ``(IV) improvement of evidence- based decision support; or ``(V) enhancement of consumer and patient empowerment; and ``(B) does not include information technology the sole use of which is financial management, maintenance of inventory of basic supplies, or appointment scheduling; ``(4) the term `qualified eligible professional' means an eligible professional whose office is a small business concern; and ``(5) the term `qualified medical transcriptionist' means a specialist in medical language and the healthcare documentation process who-- ``(A) interprets and transcribes dictation by physicians and other healthcare professionals to ensure accurate, complete, and consistent documentation of healthcare encounters; and ``(B) is certified by or registered with the Association for Healthcare Documentation Integrity, or a successor association thereto. ``(b) Loan Guarantees for Qualified Eligible Professionals.-- ``(1) In general.--Subject to paragraph (2), the Administrator may guarantee not more than 90 percent of a loan made to a qualified eligible professional for the acquisition of health information technology for use in the medical practice of the qualified eligible professional and for the costs associated with the installation of the health information technology. Except as otherwise provided in this section, a loan guaranteed under this section shall be made on the same terms and conditions as a loan made under section 7(a). ``(2) Limitations on guarantee amounts.--The maximum amount of loan principal guaranteed under this subsection may not be more than-- ``(A) $350,000 with respect to any 1 qualified eligible professional; and ``(B) $2,000,000 with respect to 1 group of affiliated qualified eligible professionals. ``(c) Fees.-- ``(1) In general.--The Administrator may-- ``(A) impose a guarantee fee on a qualified eligible professional for the purpose of reducing the cost of the guarantee to zero in an amount not to exceed 2 percent of the total guaranteed portion of any loan guaranteed under this section; and ``(B) impose an annual servicing fee on a lender making a loan guaranteed under this section of not more 0.5 percent of the outstanding balance of the guaranteed portion of loans by the lender guaranteed under this section. ``(2) No fees by lenders.--No service fees, processing fees, origination fees, application fees, points, brokerage fees, bonus points, or other fees may be charged to a loan applicant or recipient by a lender relating to a loan guaranteed under this section. ``(d) Deferral Period.--A loan guaranteed under this section shall carry a deferral period of not less than 1 year and not more than 3 years. The Administrator may subsidize interest during the period for which a loan guaranteed under this section is deferred. ``(e) Effective Date.--The Administrator may not guarantee a loan under this section until the meaningful EHR use requirements have been determined by the Secretary of Health and Human Services. ``(f) Sunset.--The Administrator may not guarantee a loan under this section after the date that is 7 years after meaningful EHR use requirements have been determined by the Secretary of Health and Human Services. ``(g) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary for the cost of guaranteeing $10,000,000,000 in loans under this section. The Administrator shall determine the cost of guaranteeing loans under this section separately and distinctly from other programs operated by the Administrator.''.

Summary: Small Business Health Information Technology Financing Act of 2009 - Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to guarantee up to 90% of the amount of a loan, up to specified loan amounts, to a small business health professional to be used for the acquisition and installation of health information technology for the professional's medical practice. Defines the term "health information technology" to mean computer hardware, software, and related technology that supports the meaningful electronic health record use requirements of title XVIII (Medicare) of the Social Security Act and is purchased by an eligible professional to aid in the provision of health care, including electronic medical records, but excludes information technology whose sole use is financial management, maintenance of inventory of basic supplies, or appointment scheduling.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf Coast Back to Business Act of 2007''. SEC. 2. FINDINGS. Congress finds that-- (1) 43 percent of businesses that close following a natural disaster never reopen; (2) an additional 29 percent of businesses close down permanently within 2 years of a natural disaster; (3) Hurricane Katrina struck the Gulf Coast of the United States on August 29, 2005, negatively impacting small business concerns and disrupting commerce in the States of Louisiana, Mississippi, and Alabama; (4) Hurricane Rita struck the Gulf Coast of the United States on September 24, 2005, negatively impacting small business concerns and disrupting commerce in the States of Texas and Louisiana; (5) according to the United States Chamber of Commerce, more than 125,000 small- and medium-sized businesses in the Gulf Coast were disrupted by Hurricane Katrina or Hurricane Rita; (6) due to a slow initial Federal response and the widespread devastation in the affected States, businesses impacted by Hurricane Katrina are in dire need of increased access to capital and technical assistance to recover and prosper; and (7) without the full recovery and prosperity of affected businesses, the Gulf Coast and the rest of the United States will be negatively impacted. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``Disaster Area'' means an area in which the President has declared a major disaster in response to Hurricane Katrina of 2005 or Hurricane Rita of 2005; (2) the term ``major disaster'' has the meaning given that term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122); and (3) the term ``small business concern'' has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632). SEC. 4. SMALL BUSINESS CONCERN RECOVERY GRANTS. (a) In General.--There are authorized to be appropriated to the Secretary of Commerce $100,000,000 for the Economic Development Administration of the Department of Commerce to make grants to the appropriate State government agencies in Louisiana and Mississippi, to carry out this section. (b) Disbursement of Funds.-- (1) In general.--Subject to paragraph (2), the Secretary of Commerce shall disburse the funds authorized under subsection (a) as follows: (A) $75,000,000 to the State of Louisiana. (B) $25,000,000 to the State of Mississippi. (2) Proportionate allocation.--Regardless of the amount appropriated under subsection (a), the amount appropriated shall be allocated among the States listed in paragraph (1) of this subsection in direct proportion to the allocation under that paragraph. (c) Use of Funds.-- (1) In general.--Grants awarded to a State under subsection (a) shall be used by the State to provide grants, which may be made to any small business concern located in a Disaster Area that was negatively impacted by Hurricane Katrina of 2005 or Hurricane Rita of 2005, to assist such small business concern for the purposes of-- (A) paying employees; (B) paying bills, insurance costs, and other existing financial obligations; (C) making repairs; (D) purchasing inventory; (E) restarting or operating that business in the community in which it was conducting operations prior to Hurricane Katrina of 2005 or Hurricane Rita of 2005, or to a neighboring area or county or parish in a Disaster Area; (F) compensating such small business concerns for direct economic injury suffered as a result of Hurricane Katrina of 2005 or Hurricane Rita of 2005; or (G) covering additional costs until that small business concern is able to obtain funding through insurance claims, Federal assistance programs, or other sources. (2) Criteria.-- (A) In general.--Notwithstanding any other provision of law, in making grants under paragraph (1), a State may use such criteria as the State determines appropriate, and shall not be required to apply eligibility criteria for programs administered by the Federal Government, including the Department of Commerce. (B) Exclusion.--In making grants under paragraph (1), a State may not exclude a small business concern based on any increase in the revenue of that small business concern during the 12-month period beginning on October 1, 2005. (3) Administrative expenses.--The Department of Commerce may use not more than $1,500,000 of the funds authorized under subsection (a) to administer the provision of grants to the designated States under this subsection. SEC. 5. DISASTER LOANS AFTER HURRICANE KATRINA OR HURRICANE RITA. (a) In General.--Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended by inserting immediately after paragraph (3) the following: ``(4) Disaster loans after hurricane katrina or hurricane rita in a disaster area.-- ``(A) Definitions.--In this paragraph-- ``(I) the term `Disaster Area' means an area in which the President has declared a major disaster in response to Hurricane Katrina of 2005 or Hurricane Rita of 2005; and ``(ii) the term `qualified borrower' means a person to whom the Administrator made a loan under this section because of Hurricane Katrina of 2005 or Hurricane Rita of 2005. ``(B) Deferment of disaster loan payments.-- ``(i) In general.--Notwithstanding any other provision of law, payments of principal and interest on a loan to a qualified borrower made before December 31, 2006, shall be deferred, and no interest shall accrue with respect to such loan, during the time period described in clause (ii). ``(ii) Time period.--The time period for purposes of clause (i) shall be 1 year from the later of the date of enactment of this paragraph or the date on which funds are distributed under a loan described in clause (i), but may be extended to 2 years from such date, at the discretion of the Administrator. ``(iii) Resumption of payments.--At the end of the time period described in clause (ii), the payment of periodic installments of principal and interest shall be required with respect to such loan, in the same manner and subject to the same terms and conditions as would otherwise be applicable to any other loan made under this subsection.''. (b) Increasing Collateral Requirements.-- (1) In general.--Notwithstanding any other provision of law, including section 7(c)(6) of the Small Business Act (15 U.S.C. 636(c)(6)), the Administrator may not require collateral for any covered loan made by the Administrator. (2) Definition.--In this subsection, the term ``covered loan'' means a loan in an amount of not more than $35,000 made-- (A) under section 7(b)(1) of the Small Business Act (15 U.S.C. 636(b)(1)); (B) as a result of Hurricane Katrina of 2005 or Hurricane Rita of 2005; and (C) after the date of enactment of this Act. SEC. 6. OTHER PROGRAMS. (a) HUBZones.--Section 3(p) of the Small Business Act (15 U.S.C. 632(p)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (D), by striking ``or''; (B) in subparagraph (E), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(F) an area in which the President has declared a major disaster (as that term is defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) as a result of Hurricane Katrina of August 2005 or Hurricane Rita of September 2005, during the time period described in paragraph (8).''; and (2) by adding at the end the following: ``(8) Time period.--The time period for the purposes of paragraph (1)(F)-- ``(A) shall be the 2-year period beginning on the later of the date of enactment of this paragraph and August 29, 2007; and ``(B) may, at the discretion of the Administrator, be extended to be the 3-year period beginning on the later of the date of enactment of this paragraph and August 29, 2007.''. (b) Relief From Test Program.--Section 711(d) of the Small Business Competitive Demonstration Program Act of 1988 (15 U.S.C. 644 note) is amended-- (1) by striking ``The Program'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2), the Program''; and (2) by adding at the end the following: ``(2) Exception.-- ``(A) In general.--The Program shall not apply to any contract related to relief or reconstruction from Hurricane Katrina of 2005 or Hurricane Rita of 2005 during the time period described in subparagraph (B). ``(B) Time period.--The time period for the purposes of subparagraph (A)-- ``(I) shall be the 2-year period beginning on the later of the date of enactment of this paragraph and August 29, 2007; and ``(ii) may, at the discretion of the Administrator, be extended to be the 3-year period beginning on the later of the date of enactment of this paragraph and August 29, 2007.''.

Summary: Gulf Coast Back to Business Act of 2007 - Authorizes appropriations for the Economic Development Administration of the Department of Commerce for grants to appropriate state government agencies in Louisiana and Mississippi for small businesses located in disaster areas caused by Hurricanes Katrina or Rita. Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to defer for a conditional period the payment of principal and interest on disaster loans made to small businesses affected by such hurricanes in the case of loans made before December 31, 2006. Prohibits an increased collateral requirement with respect to the deferred loans. Includes as a HUBZone (historically underutilized business zone) any area in which the President has declared a major disaster as a result of such hurricanes. Amends the Small Business Competitive Demonstration Program Act of 1988 to make the small business competitive demonstration program (to test innovative small business procurement methods and procedures) inapplicable, for a conditional period, to any contract related to relief or reconstruction from such hurricanes.