SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Land Management Participation Act of 1997''. SEC. 2. PURPOSE. The purpose of this Act is to ensure that the public and the Congress have both the right and a reasonable opportunity to participate in decisions that affect the use and management of all public lands owned or controlled by the Government of the United States. SEC. 3. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLE IN DECLARATION OF NATIONAL MONUMENTS. The Antiquities Act (16 U.S.C. 431a) is amended by adding the following new section: ``Sec. 431b. Public and congressional roles in national monument declarations ``(a) The Secretaries of the Interior and Agriculture shall provide an opportunity for public involvement and by regulation shall establish procedures, including public hearings where appropriate, to give Federal, State, and local governments and the public, adequate notice and opportunity to comment upon and participate in the formulation of plans relating to the declaration of national monuments upon the lands owned or controlled by the Government of the United States pursuant to the authority of the Antiquities Act (16 U.S.C. 431). ``(b) In addition, the Secretary of the Interior and Agriculture shall, prior to any recommendations for declaration of an area-- ``(1) ensure compliance with all applicable federal land management and environmental statutes, including the National Environmental Policy Act (40 U.S.C. 4321-4370d); ``(2) cause mineral surveys to be conducted by the Geological Survey to determine the mineral values, if any, that may be present in such areas; ``(3) identify all existing rights held on federal lands contained within such areas by type and acreage; and ``(4) identify all State lands contained within such areas. ``(c) After such reviews and mineral surveys, the Secretary of the Interior or Agriculture shall report to the President his recommendations as to what lands owned or controlled by the Government of the United States warrant declaration as a national monument. ``(d) The President shall advise the President of the Senate and the Speaker of the House of Representatives of his recommendations with respect to declaration as national monuments of each such area, together with a map thereof and a definition of its boundaries. Such advice by the President shall be given within two years of the receipt of each report from the Secretary. After the effective date of the Public Land Management Participation Act, a recommendation of the President for declaration of a national monument shall become effective only if so provided by an Act of Congress.''. SEC. 4. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLES IN WORLD HERITAGE SITE LISTING. Section 401 of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1) is amended-- (1) in subsection (a) in the first sentence, by-- (A) inserting ``(in this section referred to as the Convention)'' after ``1973''; and (B) inserting ``and subject to subsections (b), (c), (d), (e), and (f)'' before the period at the end; (2) in subsection (b) in the first sentence, by inserting ``, subject to subsection (d),'' after ``shall''; and (3) adding at the end the following new subsections: ``(d) If the area proposed for designation is not wholly contained within an existing unit of the National Park System, the Secretary of the Interior and Agriculture: ``(1) Shall provide an opportunity for public involvement and by regulation shall establish procedures, including public hearings where appropriate, to give Federal, State, and local governments and the public, adequate notice and opportunity to comment upon and participate in the formulation of plans relating to the designation of any lands owned by the United States for inclusion on the World Heritage List pursuant to the Convention. ``(2) After such review, the Secretary of the Interior or Agriculture shall report to the President his recommendations as to what lands owned by the United States warrant inclusion on the World Heritage List pursuant to the Convention. ``(3) The President shall advise the President of the Senate and the Speaker of the House of Representatives of his recommendations with respect to the designation of any lands owned by the United States for inclusion on the World Heritage List pursuant to the Convention. Such advice by the President shall be given within two years of the receipt of each report from the Secretary. After the effective date of Public Land Participation Management Act, a recommendation of the Presisident for designation of any lands owned by the United States for inclusion on the World Heritage List shall become effective only if so provided by an Act of Congress. ``(e) The Secretary of the Interior or Agriculture shall object to the inclusion of any property in the United States on the list of World Heritage in Danger established under Article 11.4 of the Convention unless-- ``(1) the Secretary has submitted to the Speaker of the House and the President of the Senate a report describing the necessity for including that property on the list; and ``(2) the Secretary is specifically authorized to assent to the inclusion of the property on the list, by a joint resolution of the Congress enacted after the date that report is submitted. ``(f) The Secretary of the Interior and Agriculture shall submit an annual report on each World Heritage Site within the United States to the chairman and ranking minority member of the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, that contains the following information for each site: ``(1) An accounting of all money expended to manage the site. ``(2) A summary of Federal full-time-equivalent hours related to management of the site. ``(3) A list and explanation of all nongovernmental organizations contributing to the management of the site. ``(4) A summary and account of the disposition of complaints received by the Secretary related to management of the site.''. SEC. 5. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLES IN THE DESIGNATION OF UNITED NATIONS BIOSPHERE RESERVES. Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is amended by adding at the end the following new section: ``Sec. 403. (a) No Federal official may nominate any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. ``(b) Any designation of an area in the United States as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization shall not have, and shall not be given, any force or effect, unless the Biosphere Reserve is specifically authorized by an Act of Congress. ``(c) The Secretary of the Interior and Agriculture shall provide an opportunity for public involvement and by regulation shall establish procedures, including public hearings where appropriate, to give Federal, State, and local governments and the public, adequate notice and opportunity to comment upon and participate in the formulation of plans relating to the designation of any lands owned by the United States as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. ``(d) After such review, the Secretary of the Interior or Agriculture shall report to the President his recommendations as to what lands owned by the United States warrant inclusion as a Biosphere Reserve. ``(e) The President shall advise the President of the Senate and the Speaker of the House of Representatives of his recommendations with respect to the designation of any lands owned by the United States for inclusion as a Biosphere Reserve. Such advice by the President shall be given within two years of the receipt of each report from the Secretary. After the effective date of the Public Land Participation Management Act, a recommendation of the President for declaration of a Biosphere Reserve shall become effective only if so provided by an Act of Congress. ``(f) The Secretary of State shall submit an annual report on each Biosphere Reserve within the United States to the Chairman and Ranking Minority member of the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, that contains the following information for each reserve: ``(1) An accounting of all money expended to manage the reserve. ``(2) A summary of Federal full time equivalent hours related to management of the reserve. ``(3) A list and explanation of all nongovernmental organizations contributing to the management of the reserve. ``(4) A summary and account of the disposition of the complaints received by the Secretary related to management of the reserve.''

Summary: Public Land Management Participation Act of 1997 - Amends the Antiquities Act to require the Secretaries of the Interior and Agriculture to provide an opportunity for public involvement and establish procedures to give the public and Federal, State, and local governments adequate notice and opportunity to comment upon and participate in the formulation of plans relating to the declaration of national monuments upon federally owned or controlled lands. Requires the Secretaries, prior to making any recommendations for declaration of an area, to: (1) ensure compliance with all applicable Federal land management and environmental statutes; (2) cause mineral surveys to be conducted by the Geological Survey to determine the mineral values that may be present in such areas; (3) identify all existing rights held on Federal lands contained within such areas; and (4) identify all State lands contained within such areas. Requires: (1) either Secretary, after such reviews and mineral surveys, to report his or her recommendations as to what federally owned or controlled lands warrant declaration as a national monument to the President; and (2) the President to advise the President of the Senate and the Speaker of the House of Representatives of the President's recommendations, together with maps of the monuments and definitions of their boundaries. (Sec. 4) Amends the National Historic Preservation Act Amendments of 1980 to provide that if an area is not wholly contained within an existing National Park System unit, the Secretaries shall provide an opportunity for public involvement and establish procedures to give the public and Federal, State, and local governments adequate notice and opportunity to comment upon and participate in the formulation of plans relating to the designation of any federally owned lands for inclusion on the World Heritage List pursuant to the Convention Concerning the Protection of the World Cultural and Natural Heritage. Requires: (1) either Secretary, after such review, to report his or her recommendations as to what federally owned lands warrant such inclusion to the President; and (2) the President to advise the President of the Senate and the Speaker of the House of the President's recommendations with respect to the designation of any federally owned lands for such inclusion. Requires either Secretary to object to the inclusion of any property on the list unless the Secretary: (1) has submitted to the Speaker and the President of the Senate a report describing the necessity for including that property on the list; and (2) is specifically authorized to assent to such inclusion by a joint resolution of the Congress enacted after the date that report is submitted. Requires the Secretaries to report annually to specified congressional committees on each World Heritage Site within the United States. (Sec. 5) Prohibits: (1) Federal officials from nominating any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization; and (2) any designation of such a Reserve from having or being given any force or effect unless specifically authorized by an Act of Congress. Requires the Secretaries to provide an opportunity for public involvement and establish procedures to give the public and Federal, State, and local governments adequate notice and opportunity to comment upon and participate in the formulation of plans relating to such designation. Requires: (1) after such review, either Secretary to report his or her recommendations as to what federally owned lands warrant such inclusion to the President; and (2) the President to advise the President of the Senate and the Speaker of the House of his recommendations with respect to the designation of any federally owned lands for inclusion as a Biosphere Reserve. Requires the Secretary of State to report annually to specified congressional committees on each Biosphere Reserve within the United States. Provides that any recommendation of the President for declaration of land as a national monument, inclusion of land on the World Heritage List, or inclusion of land as a Biosphere Reserve shall become effective only if so provided by an Act of Congress.


SECTION 1. SHORT TITLE. This Act may be cited as the ``International and Foreign Language Studies Act of 2004''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In recent years, foreign language needs have significantly increased throughout the Federal Government due to the presence of a wider range of security threats, the emergence of new nation states, and the globalization of the United States economy. (2) Likewise, American businesses increasingly need internationally and multiculturally experienced employees to compete in the global economy and to manage a culturally diverse workforce. (3) Currently, the Federal Government requires 34,000 employees with foreign language skills across more than 70 Federal agencies. (4) Federal agency officials have stated that, over the years, translator and interpreter shortfalls have adversely affected agency operations and hindered United States military, law enforcement, intelligence, counterterrorism, and diplomatic efforts. (5) In a 2002 General Accounting Office report, the United States Army reported that it was experiencing serious shortfalls of translators and interpreters in 5 of its 6 critical languages: Arabic, Korean, Mandarin Chinese, Persian- Farsi, and Russian. (6) The number of Foreign Language and Area Studies Fellowships awarded in 2003 was 30 percent less than the number awarded at its high point in 1967. (7) In the 2000-2001 school year, the number of foreign language degrees conferred was 1 percent of the total undergraduate degrees conferred, less than .05 percent of the total masters degrees conferred, and 1 percent of the total doctoral degrees conferred. (8) In the 2003 National Survey of Student Engagement, only \2/5\ of undergraduates reported taking foreign language coursework, while only 1 in 5 reported having studied abroad. (9) Only 1 percent of all United States undergraduates studied abroad in the 2001-2002 school year. (10) In 2002, 79 percent of Americans agreed that students should have a study-abroad experience sometime during college. (11) More than 40 percent of Americans said they were more likely to favor an increase in State funding for foreign language education at their local college or university after September 11, 2001. SEC. 3. REFERENCES. Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 4. GRADUATE AND UNDERGRADUATE LANGUAGE AND AREA CENTERS AND PROGRAMS. Section 602 (20 U.S.C. 1122) is amended-- (1) in subsection (a)(2)-- (A) in subparagraph (G), by striking ``and'' after the semicolon; (B) in subparagraph (H), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(I) support for instructors of the less commonly taught languages.''; (2) in subsection (b)-- (A) in the subsection heading, by inserting ``and Undergraduate'' after ``Graduate''; and (B) by striking paragraph (2) and inserting the following: ``(2) Eligible student.--A student receiving a stipend described in paragraph (1) shall be engaged-- ``(A) in an instructional program with stated performance goals for functional foreign language use or in a program developing such performance goals, in combination with area studies, international studies, or the international aspects of a professional studies program; and ``(B)(i) in the case of an undergraduate student, in the intermediate or advanced study of a less commonly taught language; or ``(ii) in the case of a graduate student, in graduate study work in connection with a program described in subparagraph (A), including predissertation level study, preparation for dissertation research, dissertation research abroad, or dissertation writing.''; and (3) by striking subsection (d) and inserting the following: ``(d) Allowances.-- ``(1) Graduate level recipients.--A stipend awarded to a graduate level recipient may include allowances for dependents and for travel for research and study in the United States and abroad. ``(2) Undergraduate level recipients.--A stipend awarded to an undergraduate level recipient may include an allowance for educational programs in the United States or abroad that-- ``(A) are closely linked to the overall goals of the recipient's course of study; and ``(B) have the purpose of promoting foreign language fluency and cultural knowledge.''. SEC. 5. USE OF FUNDS IN UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN LANGUAGE PROGRAMS. Section 604 (20 U.S.C. 1124) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) by redesignating subparagraphs (I) through (M) as subparagraphs (J) through (N), respectively; and (ii) by inserting after subparagraph (H) the following: ``(I) providing subgrants to undergraduate students for educational programs abroad that-- (i) are closely linked to the overall goals of the program for which the grant is awarded; and (ii) have the purpose of promoting foreign language fluency and cultural knowledge;''; and (B) by adding at the end the following: ``(9) Limitation on undergraduate grants.--An institution of higher education, a combination of such institutions, or a partnership awarded a grant under this section shall use not more than 10 percent of the grant funds for the use described in paragraph (2)(I).''; and (2) by striking subsection (c). SEC. 6. AUTHORIZED ACTIVITIES. Section 605(a) (20 U.S.C. 1125(a)) is amended-- (1) in paragraph (8), by striking ``and'' after the semicolon; (2) in paragraph (9), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(10) the systematic collection, analysis, and dissemination of data that contribute to achieving the purposes of this part.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Section 610 (20 U.S.C. 1128b) is amended by striking ``$80,000,000 for fiscal year 1999'' and inserting ``$120,000,000 for fiscal year 2005''.

Summary: International and Foreign Language Studies Act of 2004 - Amends the Higher Education Act of 1965 (HEA) to revise provisions for international and foreign language studies (part A of title VI, international education). Includes support for instructors of less commonly taught languages among activities of national language and area centers and programs. Makes undergraduate students eligible for fellowships for foreign language and area or international studies (in addition to graduate students under current law). Allows a portion of funds for undergraduate international studies and foreign language programs to be used for subgrants to undergraduate students for educational programs abroad that promote foreign language literacy and cultural knowledge and are closely linked to grant program goals. Authorizes the Secretary of Education to support data collection, analysis, and dissemination that helps achieve part A purposes. Extends and increases the authorization of appropriations for part A.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Long Island Sound Protection Act''. SEC. 2. PROHIBITION ON DUMPING OF DREDGED MATERIAL. Section 106 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1416) is amended by striking subsection (f) and inserting the following: ``(f) Prohibition on Dumping of Dredged Material.-- ``(1) Definitions.--In this subsection: ``(A) Covered body of water.--The term `covered body of water' means-- ``(i) Long Island Sound; ``(ii) Fisher's Island Sound; ``(iii) Block Island Sound; ``(iv) Peconic Bay; and ``(v) any harbor or tributary of a body of water described in any of clauses (i) through (iv). ``(B) Covered project.--The term `covered project' means-- ``(i) any Federal dredging project (or any project conducted for a Federal agency pursuant to Federal authorization); ``(ii) a dredging project carried out by a non-Federal entity that results in the production of more than 25,000 cubic yards of dredged material; and ``(iii) any of 2 or more dredging projects carried out by 1 or more non-Federal entities in a covered body of water, simultaneously or sequentially within a 180-day period, that result, in the aggregate, in the production of more than 25,000 cubic yards of dredged material. ``(C) Plan.--The term `plan' means the dredged material management plan required under paragraph (5). ``(2) Prohibition.--No dredged material from any covered project shall be dumped, or transported for the purpose of dumping, into any covered body of water unless and until the dredged material is determined by the Administrator-- ``(A) to have, or to cause (including through bioaccumulation), concentrations of chemical constituents that are not greater than those concentrations present in the water column, sediments, and biota of areas proximate to, but unaffected by, the proposed disposal site; and ``(B) to meet all requirements under this title (including the trace contaminant provision under section 227.6 of title 40, Code of Federal Regulations (or a successor regulation), and requirements under other regulations promulgated under section 108). ``(3) Designation of sites.--No dredged material shall be dumped, or transported for the purpose of dumping, into any covered body of water except-- ``(A) at a site designated by the Administrator in accordance with section 102(c); and ``(B) upon a determination by the Administrator, following approval of the plan required under paragraph (5)(F), that no feasible alternative to ocean disposal, including sediment remediation, beneficial reuse, and land-based alternatives, is available prior to the time of designation. ``(4) Relationship to other law.-- ``(A) In general.--Except as provided in subparagraph (B), this title applies to each covered body of water. ``(B) Exception.--No waiver under section 103(d) shall be available for the dumping of dredged material in any covered body of water. ``(5) Dredged material management plan.-- ``(A) In general.--Before designation of any dredged material disposal site in a covered body of water, the Secretary and the Administrator, in consultation with the United States Fish and Wildlife Service, the National Marine Fisheries Service, the Coast Guard, and the States of Connecticut and New York, shall-- ``(i) develop a dredged material management plan for the management of all dredged sediment in the covered bodies of water; and ``(ii) submit the plan to Congress and the Governors of the States of Connecticut and New York. ``(B) Objectives.--The objectives of the plan shall be-- ``(i) to identify sources, quantities, and the extent of contamination of dredged material that requires disposal; ``(ii) to determine management actions that are to be taken to reduce sediment and contaminant loading of dredged areas; ``(iii) to thoroughly assess alternative locations, treatment technologies, and beneficial uses for dredged material; ``(iv) to ensure that dumping is the disposal option of last resort for dredged material and is used only after all other options have been exhausted; ``(v) to secure-- ``(I) alternative methods of disposal of dredged materials, including decontamination technologies; and ``(II) alternative uses of materials, including upland disposal, containment, beach nourishment, marsh restoration, habitat construction, and other beneficial reuses; and ``(vi) to confirm the specific roles of Federal, State, and local agencies with respect to various aspects of dredged material management. ``(C) Requirements.--The plan shall include environmental, economic, and other analysis required to meet the objectives listed in subparagraph (B), including-- ``(i) an analysis of strategies to reduce sediment loading of harbors and navigation areas; ``(ii) an analysis of sources of sediment contamination, including recommendations for management measures to limit or reduce those contamination sources; ``(iii) an analysis of options for reducing dredging needs through modification of navigation strategies; ``(iv) an analysis of decontamination technologies, including subsequent alternative uses of decontaminated materials (such as upland disposal, containment, beach nourishment, marsh restoration, and habitat construction); and ``(v) a program for use of alternative methods of disposal and use of dredged material, including alternatives to dumping or dispersal in a covered body of water. ``(D) Public input.--The Secretary and the Administrator shall-- ``(i) during the development of the plan, hold in the States of Connecticut and New York a series of public hearings on the plan; and ``(ii) append to the plan a summary of the public comments received. ``(E) Support.--Each of the Federal agencies referred to in subparagraph (A) shall provide such staff support and other resources as are necessary to carry out this paragraph. ``(F) Approval by connecticut and new york.-- ``(i) In general.--Not later than 60 days after the date of receipt of the plan, the Governors of the States of Connecticut and New York shall notify the Secretary and the Administrator of whether the States approve or disapprove the plan. ``(ii) Dumping of dredged material.--No dredged material from a covered project may be dumped, or transported for the purpose of dumping, in any covered body of water unless the dredged material-- ``(I) conforms to a plan that has been approved by the Governors of the States of Connecticut and New York; and ``(II) is to be dumped in a dredged material disposal site designated by the Administrator under this title. ``(iii) Finality.--No dredged material disposal plan shall become final until the plan has been approved by the States of Connecticut and New York under clause (i). ``(iv) Previously designated sites.--No dredged material disposal site in any covered body of water that was designated before the date of enactment of this clause shall be used for dumping of dredged material from a covered project until the plan has been approved by the States of Connecticut and New York under clause (i). ``(G) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $5,000,000 for each of fiscal years 2005 and 2006.''.

Summary: Long Island Sound Protection Act - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to revise requirements for the dumping of dredged material in Long Island Sound. Prohibits dredged material from any Federal or non-Federal dredging project from being dumped, or transported for the purpose of being dumped, into Long Island Sound, Fisher's Island Sound, Block Island Sound, or Peconic Bay (including any harbor or tributary of such bodies of water) until the dredged material is determined by the Administrator of the Environmental Protection Agency (EPA) to: (1) have, or to cause, concentrations of chemical constituents that are not greater than those concentrations present in the water column, sediments, and biota of areas proximate to, but unaffected by, the proposed disposal site; and (2) meet certain Federal dumping requirements. Prohibits dumping or transportation for dumping into any covered body of water, except at a site designated by the Administrator, and upon a determination that no feasible alternative to ocean disposal (including sediment remediation, beneficial reuse, and land-based alternatives) is available prior to the time of designation. Requires the Secretary of the Army and the Administrator, before designation of a dredged material disposal site in a covered body of water, to develop a dredged material management plan and to submit it to Congress and to the Governors of the States of Connecticut and New York for their approval.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Lending Enhancement Through Necessary Due Process Act''. SEC. 2. FINDINGS. The Congress hereby finds the following: (1) Excessive and groundless litigation against innocent directors and officers of failed financial institutions is adversely affecting the national economy by creating an environment where bankers are reluctant to make loans. (2) The efforts by Federal banking regulators to impose liability on bank officials for good faith business decisions is impeding our banking system by making it difficult for financial institutions to attract officers and directors. (3) Since 1989, Federal regulators have used enhanced powers to pursue not only culpable individuals but also countless innocent people who are targeted because of their financial condition. (4) Tactics used by regulators to induce settlements include the threat of attachment of assets and the use of taxpayer-funded outside fee counsel to file lawsuits, the costs of which often bankrupt individuals trying to clear their names. (5) Reform of the banking laws are needed to curtail regulatory abuse and to ensure that directors and officers have due process protections and the ability to make good faith lending decisions. SEC. 3. FACTORS AND STANDARDS FOR CERTAIN ENFORCEMENT PROCEEDINGS. Section 8(i) of the Federal Deposit Insurance Act (12 U.S.C. 1818) is amended by adding at the end the following new paragraphs: ``(5) Affirmative defenses applicable with respect to certain administrative and judicial proceedings.--In the determination of whether any director, officer, or institution- affiliated party of an insured depository institution has committed any violation or breach of duty for purposes of this section or section 11(k), the following affirmative defenses shall be available to the director, officer, or institution- affiliated party in any civil action against the director, officer, or party before a Federal banking agency or a court of jurisdiction: ``(A) Business judgment.--A director, officer, or institution-affiliated party of an insured depository institution shall not be deemed to have committed any violation or breach of duty in the making of any business judgment (without regard to whether such business judgment is later determined to have been in error), if-- ``(i) in a case in which the director, officer, or institution-affiliated party had an interest in the subject of the business judgment, the director, officer, or party-- ``(I) disclosed that interest at or before the time the business judgment was made; or ``(II) abstained from any vote taken in connection with such business judgment or from otherwise participating in making the business judgment; ``(ii) at or before the time the business judgment was made, the director, officer, or institution-affiliated party made such inquiry about the subject of the business judgment as a reasonably prudent person would have made under the circumstances; ``(iii) after being put on reasonable notice of a need to act, the director, officer, or institution-affiliated party took such actions as a reasonably prudent person would have taken under the circumstances; and ``(iv) the director, officer, or institution-affiliated party acted in good faith. ``(B) Regulatory approval.--A director, officer, or institution-affiliated party of an insured depository institution shall not be deemed to have committed any violation or breach of duty if any examiner or other representative of an appropriate Federal banking agency or State bank supervisor, upon full and accurate disclosure of the relevant facts, approved the good faith practice, action, or omission which is alleged to be the violation or breach, whether or not such approval was communicated to the director, officer, or institution-affiliated party or any other person at such institution. ``(C) Unforeseeable economic conditions.--A director, officer, or institution-affiliated party of an insured depository institution shall not be deemed to have committed any violation or breach of duty if-- ``(i) unforeseeable economic conditions, which develop after the occurrence of the practice, action, or omission which is alleged to be a violation or breach, were the proximate cause of any loss experienced by the institution; and ``(ii) the director, officer, or institution-affiliated party acted in good faith. ``(6) Minimum standard for order of production of personal financial information.-- ``(A) In general.--Except as provided in subparagraph (B), a Federal banking agency, including the Resolution Trust Corporation in such corporation's capacity as conservator or receiver of an insured depository institution, may not seek to obtain, directly or indirectly, and no court (with respect to any request from any such agency or corporation) may order the production of, the personal financial records of any person for the agency unless the head of the agency or corporation (or the designee of the head of the agency or corporation), submits a written finding which is disclosed to such person and certified to an appropriate court of jurisdiction, and the court through a de novo finding determines, that the agency has reasonable cause to believe that-- ``(i) the person whose records are being sought has committed a violation for which a civil penalty may be imposed under paragraph (2) or has breached a duty owed to an insured depository institution; and ``(ii) the person's financial condition is undergoing or is likely, within 6 months of the date of the request for the production of financial records, to undergo a material change. ``(B) Exception.--Subparagraph (A) shall not apply with respect to a request for the production of financial records by an appropriate Federal banking agency of any person-- ``(i) in connection with an investigation of the person by the agency pursuant to section 7(j); or ``(ii) after an administrative or judicial determination, on a record after opportunity for agency hearing, that the person has committed a violation for which a civil penalty may be assessed under paragraph (2).''. SEC. 4. DUE PROCESS PROTECTIONS RELATING TO ATTACHMENT OF ASSETS. Section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818) is amended-- (1) by striking subsection (i)(4)(B) and inserting the following new subparagraph: ``(B) Standard.-- ``(i) Showing.--Rule 65 of the Federal Rules of Civil Procedure shall apply with respect to any proceeding under subparagraph (A). ``(ii) State proceeding.--If, in the case of any proceeding in a State court, the court determines that rules of civil procedure available under the laws of such State provide substantially similar protections to such party's right to due process as Rule 65 of the Federal Rules of Civil Procedure, the relief sought under subparagraph (A) may be requested under the laws of such State.''; and (2) in subsection (b), by adding at the end the following new paragraph: ``(10) Standard for certain orders.--No authority under this subsection or subsection (c) to prohibit any institution- affiliated party from withdrawing, transferring, removing, dissipating, or disposing of any funds, assets, or other property may be exercised unless the agency meets the standards of Rule 65 of the Federal Rules of Civil Procedure.''. SEC. 5. DIRECTOR AND OFFICER LIABILITY. Section 11(k) of the Federal Deposit Insurance Act (12 U.S.C. 1821(k)) is amended by adding at the end the following new sentence: ``Notwithstanding the preceding sentence, a civil action for monetary damages for losses due to a disregard of a duty of care may not be brought against any director or officer of any insured depository institution by the Corporation in any capacity described in clause (1), (2), or (3) of the 1st sentence of this subsection under any provision of State law, unless the standard of disregard required to be demonstrated under such provision of law is as great or greater than the standard described in the 1st sentence.''.

Summary: Lending Enhancement Through Necessary Due Process Act - Amends the Federal Deposit Insurance Act to make the following affirmative defenses available to a director, officer, or institution-affiliated party of an insured depository institution facing a civil action before a Federal banking agency or a court of jurisdiction: (1) business judgment; (2) regulatory approval; and (3) unforeseeable economic conditions. Sets forth a minimum standard for the order of production of personal financial information by a regulatory agency or court. Declares the Federal Rules of Civil Procedure relating to prejudgment attachment of assets applicable to Federal banking regulatory agencies. Prohibits the Federal Deposit Insurance Corporation from bringing a civil action under State law against an officer or director of an insured depository institution for monetary damages for losses due to a disregard of a duty of care unless the State standard for such duty is as great or greater than the Federal standard.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Health Care Protection Act of 1997''. SEC. 2. CLASSIFICATION AS RURAL REFERRAL CENTERS. (a) Prohibiting Denial of Request for Reclassification on Basis of Comparability of Wages.-- (1) In general.--Section 1886(d)(10)(D) of the Social Security Act (42 U.S.C. 1395ww(d)(10)(D)) is amended-- (A) by redesignating clause (iii) as clause (iv); and (B) by inserting after clause (ii) the following new clause: ``(iii) Under the guidelines published by the Secretary under clause (i), in the case of a hospital which has ever been classified by the Secretary as a rural referral center under paragraph (5)(C), the Board may not reject the application of the hospital under this paragraph on the basis of any comparison between the average hourly wage of the hospital and the average hourly wage of hospitals in the area in which it is located.''. (2) Effective date.--Notwithstanding section 1886(d)(10)(C)(ii) of the Social Security Act, a hospital may submit an application to the Medicare Geographic Classification Review Board during the 60-day period beginning on the date of the enactment of this Act requesting a change in its classification for purposes of determining the area wage index applicable to the hospital under section 1886(d)(3)(D) of such Act for fiscal year 1998 if the hospital would be eligible for such a change in its classification under the standards described in section 1886(d)(10)(D) (as amended by paragraph (1)) but for its failure to meet the deadline for applications under section 1886(d)(10)(C)(ii). (3) Reference to budget neutrality provision.--For a requirement that the Secretary of Health and Human Services make a proportional adjustment in the Medicare standardized payment amounts for inpatient hospital services to assure that geographic reclassifications of hospitals resulting from this subsection do not result in an increase in aggregate payments under section 1886 of the Social Security Act, see subsection (d)(8)(D) of such section. (b) Continuing Treatment of Previously Designated Centers.-- (1) In general.--Any hospital classified as a rural referral center by the Secretary of Health and Human Services under section 1886(d)(5)(C) of the Social Security Act for fiscal year 1991 shall be classified as such a rural referral center for fiscal year 1998 and each subsequent fiscal year. (2) Budget neutrality.--The provisions of section 1886(d)(8)(D) of the Social Security Act shall apply to reclassifications made pursuant to paragraph (1) in the same manner as such provisions apply to a reclassification under section 1886(d)(10) of such Act. SEC. 3. HOSPITAL GEOGRAPHIC RECLASSIFICATION PERMITTED FOR PURPOSES OF DISPROPORTIONATE SHARE PAYMENT ADJUSTMENTS. (a) In General.--Section 1886(d)(10)(C)(i) of the Social Security Act (42 U.S.C. 1395ww(d)(10)(C)(i)) is amended-- (1) by striking ``or'' at the end of subclause (I); (2) by striking the period at the end of subclause (II) and inserting ``, or''; (3) by inserting after subclause (II) the following: ``(III) eligibility for and amount of additional payment amounts under paragraph (5)(F).''; and (4) by adding at the end the following: ``Any application approved for purposes of subclause (I) for a fiscal year is deemed to be approved for purposes of subclause (III) for that fiscal year.''. (b) Effective Date.--Notwithstanding section 1886(d)(10)(C)(ii) of the Social Security Act, a hospital may submit an application to the Medicare Geographic Classification Review Board during the 60-day period beginning on the date of the enactment of this Act requesting a change in its classification for purposes of determining the disproportionate share hospital payment applicable to the hospital under section 1886(d)(5)(F) of such Act for fiscal year 1998 if the hospital would be eligible for such a change in its classification under the guidelines described in subsection (c) of this section but for its failure to meet the deadline for applications under section 1886(d)(10(C)(ii). (c) Applicable Guidelines.--Such Board shall apply the guidelines established for reclassification under subclause (I) of section 1886(d)(10)(C)(i) of such Act to reclassification under subclause (III) of such section until the Secretary of Health and Human Services promulgates separate guidelines for reclassification under such subclause (III). (d) Reference to Budget Neutrality Provision.--For a requirement that the Secretary of Health and Human Services make a proportional adjustment in the medicare standardized payment amounts for inpatient hospital services to assure that geographic reclassifications of hospitals resulting from this section do not result in an increase in aggregate payments under section 1886 of the Social Security Act, see subsection (d)(8)(D) of such section. SEC. 4. PERMITTING REBASING OF PAYMENT FOR SOLE COMMUNITY HOSPITALS USING FISCAL YEARS 1994 AND 1995 COSTS. Section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)) is amended-- (1) in subparagraph (C), by inserting ``subject to subparagraph (F),'' after ``subsection (d)(5)(D)(iii)),''; and (2) by adding at the end the following new subparagraph: ``(F) In applying subparagraph (C) with respect to discharges occurring in fiscal year 1998 and each subsequent fiscal year, in no case shall the target amount for a hospital for fiscal year 1998 be less than the average of-- ``(i) the allowable operating costs of inpatient hospital services recognized under this title for the hospital's 12- month cost reporting period (if any) beginning during fiscal year 1994 increased (in a compounded manner) by the applicable percentage increase under subparagraph (B)(iv) for each of fiscal years 1995, 1996, 1997, and 1998, and ``(ii) the allowable operating costs of inpatient hospital services recognized under this title for the hospital's 12- month cost reporting period (if any) beginning during fiscal year 1995 increased (in a compounded manner) by the applicable percentage increase under subparagraph (B)(iv) for each of fiscal years 1996, 1997, and 1998.''.

Summary: Rural Health Care Protection Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act, with respect to a hospital which has ever been classified as a rural referral center, to prohibit denial of a request for its reclassification on the basis of any comparison between its average hourly wage and the average hourly wages of hospitals in the area in which it is located. Declares that any hospital classified as a rural referral center by the Secretary of Health and Human Services for FY 1991 shall be so classified for FY 1998 and each subsequent fiscal year. Permits hospital geographic reclassification for purposes of disproportionate share payment adjustments. Permits rebasing of Medicare payment for sole community hospitals using FY 1994 and 1995 costs.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Balanced Trade Restoration Act of 2006''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Since the 1990s, the United States has experienced record trade deficits that has made the United States the largest debtor country in the world. (2) In 2005, the merchandise trade deficit of the United States was a record $767,000,000,000, and in 2006, the merchandise trade deficit of the United States is projected to surpass the record set in 2005. (3) The surging trade deficits could soon create a balance of payments crisis for the United States, which could wreak havoc with the economy of the United States. (4) Article XII of the General Agreement on Tariff and Trade (GATT 1994), annexed to the Agreement Establishing the World Trade Organization entered into on April 15, 1994, permits any member country to restrict the quantity or value of imports in order to safeguard the external financial position and the balance of payments of the member country. (5) In accordance with Article XII of the GATT 1994, the United States should take steps to restore balance to its merchandise trade, and safeguard its external financial position and its balance of payments. (6) The imposition of import restrictions should be phased in to allow the economy of the United States to absorb the impact of import restrictions with minimal disruption. SEC. 3. DEFINITIONS. In this Act: (1) Balanced trade certificate; certificate.--The terms ``Balanced Trade Certificate'' and ``Certificate'' mean a certificate issued pursuant to section 4 that provides the holder of the certificate with a license to import into the United States a good with an appraised value that is equal to or less than the face value of the certificate. (2) Department.--The term ``Department'' means the Department of Commerce. (3) Oil or gas.--The term ``oil or gas'' means any good classifiable under-- (A) heading 2709 of the Harmonized Tariff Schedule of the United States (relating to petroleum oils and oils obtained from bituminous minerals, crude); (B) heading 2710 of the Harmonized Tariff Schedule of the United States (relating to petroleum oils and oils obtained from bituminous minerals, other than crude); and (C) heading 2711 of the Harmonized Tariff Schedule of the United States (relating to light oils and preparations). (4) Program.--The term ``Program'' means the Balanced Trade Certificate Program established under section 4. (5) Secretary.--The term ``Secretary'' means the Secretary of Commerce. SEC. 4. ESTABLISHMENT OF BALANCED TRADE PROGRAM. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall, in cooperation with the Secretary of Homeland Security, establish a Balanced Trade Certificate Program within the International Trade Administration of the Department. The purpose of the Program is to create gradually balance between the dollar value of goods imported into the United States and goods exported from the United States. (b) Regulatory Authority.--The Secretary, in cooperation with the Secretary of Homeland Security, shall promulgate regulations in accordance with section 5 that provide for-- (1) issuing Certificates to exporters; (2) collecting Certificates from importers; (3) valuing the Certificates issued and collected; and (4) trading Certificates. SEC. 5. OPERATION OF THE PROGRAM. (a) Exporters.-- (1) Issuance of certificates.--The Program established under section 4 shall provide for the issuance of a Certificate to any person who exports a good from the United States with a face value equivalent to a multiple of the appraised value of the good determined pursuant to paragraph (2). (2) Value of balanced trade certificates.-- (A) Determination of value.--The Secretary shall establish a system for the valuation of Certificates. To the extent practicable, the value of a Certificate shall be based upon the appraised value declared on the shipper's export declaration (SED), in accordance with subparagraph (B); (B) System of valuation.--The value of a Certificate shall be determined in accordance with the following table: If a Certificate is issued: The face value of the Certificate is an amount equal to: During the first year the Program is in 140% of the appraised value of the good exported. operation During the second year the Program is in 130% of the appraised value of the good exported. operation During the third year the Program is in 120% of the appraised value of the good exported. operation During the fourth year the Program is in 110% of the appraised value of the good exported. operation After the fourth year the Program is in 100% of the appraised value of the good exported operation (b) Importers.-- (1) Submission requirement.--Except as described in paragraph (5), any person who imports a good into the United States shall submit to the Secretary of Homeland Security, not later than 90 days after the date on which the good enters the United States, a Certificate with an aggregate face value equal to or greater than the appraised value of the good imported pursuant to paragraph (2). (2) Valuation of imported goods.--The Secretary shall establish a method for the valuation of goods imported into the United States. The method may include the use of the declared dollar value of the goods on the Entry Summary (United States Customs and Border Protection Form 7501). (3) Collection of certificates.--The Secretary shall establish a system for the collection of Certificates submitted by importers to the Secretary of Homeland Security. (4) Penalty for failure to supply certificates.--If a person imports a good into the United States and fails to submit a Certificate with an aggregate face value equal to, or greater than, the value of the good imported as required by paragraph (1), the Secretary of Homeland Security shall-- (A) suspend the person from importing any good until such time as a Certificate required by paragraph (1) is submitted; and (B) impose a penalty equal to 3 times the appraised value of the good imported. (5) Exception for oil or gas.-- (A) Adjustment period.--During the period that begins on the date of the enactment of this Act and ends 5 years after such date, paragraph (1) shall not apply to a person who imports oil or gas into the United States. (B) Gradual valuation.--At the end of the period described in subparagraph (A), any person who imports oil or gas into the United States shall submit to the Secretary of Homeland Security, not later than 90 days after the date on which the oil or gas enters the United States, a Certificate with an aggregate face value equal to, or greater than, the appraised value of the oil or gas imported pursuant to paragraph (2), adjusted in accordance with the following table: If the oil or gas is imported: The aggregate face value of the Certificate required to import the oil or gas is: During the sixth year the Program is in 60% of the appraised value of the oil or gas imported. operation During the seventh year the Program is in 70% of the appraised value of the oil or gas imported. operation During the eighth year the Program is in 80% of the appraised value of the oil or gas imported. operation During the ninth year the Program is in 90% of the appraised value of the oil or gas imported. operation After the ninth year the Program is in 100% of the appraised value of the oil or gas imported. operation (c) Management of Certificates.-- (1) Certificates removed from circulation.--Upon the receipt of a Certificate from a person importing a good, the Secretary of Homeland Security, in cooperation with the Secretary, shall permanently remove the Certificate from circulation. (2) Transferability and limitation on validity of certificates.--A Certificate issued pursuant to this Act shall be-- (A) fully transferable; and (B) valid for 365 days from the date the Certificate is issued.

Summary: Balanced Trade Restoration Act of 2006 - Directs the Secretary of Commerce to establish a Balanced Trade Certificate Program within the International Trade Administration of the Department of Commerce. Provides under such Program for the issuance of certificates to measure and control U.S. imports and exports to achieve a balance in the foreign trade of the United States. Exempts importers of oil or gas during the first five years of the program.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Individual Investment Account Act of 1999''. SEC. 2. ESTABLISHMENT OF INDIVIDUAL INVESTMENT ACCOUNTS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. INDIVIDUAL INVESTMENT ACCOUNTS. ``(a) Deduction Allowed.--In the case of an individual, there shall be allowed as a deduction an amount equal to the aggregate amount paid in cash for the taxable year by such individual to an individual investment account established for the benefit of such individual. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Individual investment account.--The term `individual investment account' means a trust created or organized in the United States for the exclusive benefit of an individual, but only if the written governing instrument creating the trust meets the following requirements: ``(A) No contribution will be accepted unless it is in cash. ``(B) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which that person will administer the trust will be consistent with the requirements of this section. ``(C) No part of the trust assets will be invested in any collectible (as defined in section 408(m)). ``(D) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(2) Time when contributions deemed made.--A taxpayer shall be deemed to have made a contribution on the last day of a taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof). ``(c) Tax Treatment of Distributions.-- ``(1) In general.--Except as otherwise provided in this subsection, any amount distributed out of an individual investment account shall be included in gross income by the distributee unless such amount is part of a qualified 1st-time homebuyer distribution. ``(2) Qualified 1st-time homebuyer distribution.--For purposes of this subsection-- ``(A) In general.--The term `qualified 1st-time homebuyer distribution' means any payment or distribution received by a 1st-time homebuyer from an individual investment account to the extent such payment or distribution is used by the individual within 60 days to pay qualified acquisition costs with respect to a principal residence for such individual. ``(B) Dollar limitation.--The aggregate amount which may be treated as qualified 1st-time homebuyer distributions for all taxable years shall not exceed $15,000. ``(C) Basis reduction.--The basis of any principal residence described in subparagraph (A) shall be reduced by the amount of any qualified 1st-time homebuyer distribution. ``(D) Definitions.--For purposes of this paragraph-- ``(i) Qualified acquisition costs.--The term `qualified acquisition costs' means the costs of acquiring, constructing, or reconstructing a residence. Such term includes any usual or reasonable settlement, financing, or other closing costs. ``(ii) 1st-time homebuyer.--The term `1st- time homebuyer' means any individual if such individual had no present ownership interest in a principal residence during the 3-year period ending on the date of acquisition of the principal residence to which this paragraph applies. ``(iii) Principal residence.--The term `principal residence' has the same meaning as when used in section 1034. ``(3) Transfer of account incident to divorce.--The transfer of an individual's interest in an individual investment account to his former spouse under a divorce decree or under a written instrument incident to a divorce shall not be considered a taxable transfer made by such individual notwithstanding any other provision of this subtitle, and such interest at the time of the transfer shall be treated as an individual investment account of such spouse and not of such individual. Thereafter such account shall be treated, for purposes of this subtitle, as maintained for the benefit of such spouse. ``(d) Tax Treatment of Accounts.-- ``(1) Exemption from tax.--An individual investment account shall be exempt from taxation under this subtitle unless such account has ceased to be such an account by reason of paragraph (2). Notwithstanding the preceding sentence, any such account shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(2) Loss of exemption of account where individual engages in prohibited transaction.-- ``(A) In general.--If, during any taxable year of the individual for whose benefit the individual investment account is established, that individual engages in any transaction prohibited by section 4975 with respect to the account, the account shall cease to be an individual investment account as of the first day of that taxable year. ``(B) Account treated as distributing all its assets.--In any case in which any account ceases to be an individual investment account by reason of subparagraph (A) on the first day of any taxable year, paragraph (1) of subsection (c) shall be applied as if there were a distribution on such first day in an amount equal to the fair market value (on such first day) of all assets in the account (on such first day). ``(3) Effect of pledging account as security.--If, during any taxable year, an individual for whose benefit an individual investment account is established uses the account or any portion thereof as security for a loan, the portion so used shall be treated as distributed to that individual. ``(4) Rollover contributions.--Paragraph (1) shall not apply to any amount paid or distributed out of an individual investment account to the individual for whose benefit the account is maintained if such amount is paid into another individual investment account for the benefit of such individual not later than the 60th day after the day on which he receives the payment or distribution. ``(e) Cost-of-Living Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 2000, the dollar amount contained in subsection (c)(2)(B) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `1999' for `1989' in subparagraph (B) thereof. ``(2) Rounding.--If any dollar amount (as increased under paragraph (1)) is not a multiple of $10, such dollar amount shall be increased to nearest multiple of $10 (or, if such dollar amount is a multiple of $5 and not of $10, such dollar amount shall be increased to next higher multiple of $10). ``(f) Custodial Accounts.--For purposes of this section, a custodial account shall be treated as a trust if the assets of such account are held by a bank (as defined in section 408(n)) or another person who demonstrates, to the satisfaction of the Secretary, that the manner in which he will administer the account will be consistent with the requirements of this section, and if the custodial account would, except for the fact that it is not a trust, constitute an individual investment account described in subsection (b). For purposes of this title, in the case of a custodial account treated as a trust by reason of the preceding sentence, the custodian of such account shall be treated as the trustee thereof. ``(g) Reports.--The trustee of an individual investment account shall make such reports regarding such account to the Secretary and to the individual for whose benefit the account is maintained with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by those regulations.'' (b) Deduction Allowed in Arriving at Adjusted Gross Income.-- Subsection (a) of section 62 of such Code (defining adjusted gross income) is amended by adding after paragraph (17) the following new paragraph: ``(18) Individual investment account contributions.--The deduction allowed by section 222 (relating to individual investment accounts).'' (c) Individual Investment Accounts Exempt From Estate Tax.--Part III of subchapter A of chapter 11 of such Code is amended by redesignating section 2046 as section 2047 and by inserting after section 2045 the following new section: ``SEC. 2046. INDIVIDUAL INVESTMENT ACCOUNTS. ``Notwithstanding any other provision of law, there shall be excluded from the value of the gross estate the value of any individual investment account (as defined in section 222(b)). Section 1014 shall not apply to such account.'' (d) Nonrecognition of Gain on Sale of Principal Residence Where Amount Equal to Otherwise Taxable Gain Deposited Into Individual Investment Account.--Part III of subchapter B of chapter 1 of such Code is amended by inserting after section 121 the following new section: ``SEC. 121A. EXCLUSION OF GAIN FROM SALE OF PRINCIPAL RESIDENCE IF REINVESTMENT IN INDIVIDUAL INVESTMENT ACCOUNT. ``(a) General Rule.--Gross income does not include gain from the sale or exchange of property if, during the 5-year period ending on the date of the sale or exchange, such property has been owned and used by the taxpayer as his principal residence for periods aggregating 3 years or more. ``(b) Limitation.--The amount of gain excluded from gross income under subsection (a) shall not exceed the amount paid in cash (during the 1-year period beginning on the date of the sale or exchange) to an individual investment account (as defined in section 222(b)) established for the benefit of the taxpayer or his spouse. ``(c) Certain Rules On Ownership and Use To Apply.--Rules similar to the rules of section 121(d) shall apply for purposes of determining ownership and use under this section.'' (e) Tax on Prohibited Transactions.--Section 4975 of such Code (relating to prohibited transactions) is amended-- (1) by adding at the end of subsection (c) the following new paragraph: ``(6) Special rule for individual investment accounts.--An individual for whose benefit an individual investment account is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be an individual investment account by reason of the application of section 222(d)(2)(A) to such account.''; and (2) in subsection (e)(1), by striking ``or'' at the end of subparagraph (E), by redesignating subparagraph (F) as subparagraph (G) and by inserting after subparagraph (E) the following new subparagraph: ``(F) an individual investment account described in section 222(b), or''. (f) Failure To Provide Reports on Individual Investment Accounts.-- Section 6693(a)(2) of such Code (relating to failure to provide reports on individual retirement account or annuities) is amended by striking ``and'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(E) section 222(g) (relating to individual investment accounts).'' (g) Adjustment of Basis of Residence Acquired Through Use of Account.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``; and'', and by adding at the end the following new paragraph: ``(28) to the extent provided in section 222(c)(2)(C), in the case of a residence the acquisition of which was made in whole or in part with funds from an individual investment account.'' (h) Clerical Amendments.-- (1) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 121 the following new item: ``Sec. 121A. Exclusion of gain from sale of principal residence if reinvestment in individual investment account.'' (2) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 222 and inserting the following: ``Sec. 222. Individual investment accounts. ``Sec. 223. Cross reference.'' (3) The table of sections for part III of subchapter A of chapter 11 of such Code is amended by striking the item relating to section 2046 and inserting the following new items: ``Sec. 2046. Individual investment accounts. ``Sec. 2047. Disclaimers.'' (i) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999.

Summary: Exempts such accounts from estate tax. Excludes from gross income gain from the sale or exchange of property if, during the five-year period ending on the date of the sale or exchange, such property has been owned and used by the taxpayer as a principal residence for periods aggregating three years or more. Limits such exclusion to the amount paid to an individual investment account during the one-year period beginning on the date of the sale or exchange. Provides for adjusting the basis of a residence acquired through the use of an individual investment account.


entitled ``Joint Resolution to approve the `Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America', and for other purposes'' approved March 24, 1976 (48 U.S.C. 1801 et seq.), is amended-- (1) by adding at the end the following new section: ``SEC. 7. LABELING OF TEXTILE FIBER PRODUCTS. ``(a) In General.--No textile fiber product shall have a stamp, tag, label, or other means of identification or substitute therefore on or affixed to the product stating `Made in the USA' or otherwise stating or implying that the product was made or assembled in the United States unless-- ``(1) each individual providing direct labor in production of such textile fiber product was paid a wage equal to or greater than the wage set by section 8; and ``(2) the product was manufactured in compliance with all Federal laws relating to labor rights and working conditions, including, but not limited to, the National Labor Relations Act, the Occupational Safety and Health Act of 1970, and the Fair Labor Standards Act of 1938. ``(b) A textile fiber product which does not comply with subsection (a) shall be deemed to be misbranded for purposes of the Textile Fiber Products Identification Act (15 U.S.C. 70 et seq.). ``(c) Definition.--For purposes of this section the term `direct labor' includes any work provided to prepare, assemble, process, package, or transport a textile fiber product, but does not include supervisory, management, security, or administrative work.''; (2) by adding, after the new section added by paragraph (1), the following new section: ``SEC. 8. MINIMUM WAGE. ``The minimum wage provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), shall apply to the Commonwealth of the Northern Mariana Islands, except that-- ``(1) through December 31, 1997, the minimum wage applicable to the Commonwealth of the Northern Mariana Islands shall be $3.55 per hour; ``(2) on January 1, 1998, and on July 1 and January 1 of each year thereafter, the minimum wage applicable to the Commonwealth of the Northern Mariana Islands shall be $0.50 per hour more than the minimum wage that was applicable to the Commonwealth of the Northern Mariana Islands for the preceding six-month period until the minimum wage applicable to the Commonwealth of the Northern Mariana Islands is equal to the minimum wage rate set forth in section 6(a)(1) of the Fair Labor Standards Act of 1938; and ``(3) after the minimum wage applicable to the Commonwealth of the Northern Mariana Islands is equal to the minimum wage rate set forth in section 6(a)(1) of the Fair Labor Standards Act of 1938, pursuant to paragraph (2), the minimum wage applicable to the Commonwealth of the Northern Mariana Islands shall increase as necessary to remain equal to the minimum wage rate set forth in section 6(a)(1) of the Fair Labor Standards Act of 1938.''; and (3) by adding, after the new sections added by paragraphs (1) and (2), the following new section: ``SEC. 9. APPLICABILITY OF IMMIGRATION LAWS. ``Section 506(a) of the foregoing Covenant shall be construed and applied as if it included at the end the following subsection: ```(e)(1) For purposes of entry into the Northern Mariana Islands by any individual (but not for purposes of entry by an individual into the United States from the Northern Mariana Islands), the Immigration and Nationality Act shall apply as if the Northern Mariana Islands were a State (as defined in section 101(a)(36) of the Immigration and Nationality Act). The Attorney General, acting through the Commissioner of Immigration and Naturalization, shall enforce the preceding sentence. ```(2) Notwithstanding paragraph (1), with respect to an individual seeking entry into the Northern Mariana Islands for purposes of employment in the textile, hotel, tourist, or construction industry (including employment as a contractor), the Federal statutes and regulations governing admission to Guam of individuals described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act shall apply. Such statutes and regulations shall be so applied by substituting the term ``United States citizen, national, or resident workers'' for the term ``United States resident workers'', and by substituting the term ``the Northern Mariana Islands'' for the term ``Guam'' each place it appears. ```(3) When deploying personnel to enforce the provisions of this section, the Attorney General shall coordinate with, and act in conjunction with, State and local law enforcement agencies to ensure that such deployment does not degrade or compromise the law enforcement capabilities and functions currently performed by immigration officers.'.''. SEC. 4. REPORT. (a) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Interior shall include the results of the study required by subsection (b) in the annual report transmitted to Congress which is entitled ``Federal-CNMI Initiative on Labor, Immigration, and Law Enforcement''. (b) Study.--A study shall be conducted of the extent of human rights violations and labor rights violations in the Commonwealth of the Northern Mariana Islands, including the use of forced or indentured labor, and any efforts being taken by the government of the United States or the Commonwealth of the Northern Mariana Island to address or prohibit such violations. (c) Consultation Regarding Study.--Appropriate local government officials, law enforcement agencies, and non-governmental organizations active in instituting and protecting human and labor rights may be consulted when preparing and conducting the study required by subsection (b). SEC. 5. EFFECT ON OTHER LAW. The provisions of paragraph (1) of section 3 shall be in addition to, but shall not otherwise modify, the requirements of the Textile Fiber Products Identification Act (15 U.S.C. 70 et seq.). SEC. 6. EFFECTIVE DATES. (a) Labeling of Textile Fiber Products; Immigration of Workers.-- The amendment made by paragraph (1) of section 3 and the provision of the amendment made by paragraph (3) of section 3 which is designated as ``(e)(2)'' shall take effect on the date of the enactment of this Act. (b) Minimum Wage.--The amendment made by paragraph (2) of section 3 shall take effect 30 days after the date of the enactment of this Act. (c) Immigration.--Except as provided in subsection (a), the amendment made by paragraph (3) of section 3 shall apply to individuals entering the Northern Mariana Islands after the expiration of the 6- month period beginning with the date of the enactment of this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

Summary: Insular Fair Wage and Human Rights Act of 1997 - Amends Federal law to prohibit the affixation of the "Made in the USA" label to a textile fiber product from the Northern Mariana Islands unless: (1) each worker producing such product was paid a minimum wage equal to or greater than a specified amount; and (2) the product was manufactured in compliance with all Federal labor laws, including, but not limited to, the National Labor Relations Act, the Occupational Safety and Health Act of 1970, and the Fair Labor Standards Act of 1938. Applies to the Northern Mariana Islands: (1) the Immigration and Nationality Act; and (2) the minimum wage provisions of the Fair Labor Standards Act of 1938, as modified by this Act. Requires a minimum wage through December 31, 1997, of $3.55 per hour, adjusted semiannually thereafter in $.50 increments until it equals the minimum wage required by the Fair Labor Standards Act of 1938. Requires a study of the extent of human and labor rights violations in the Northern Mariana Islands, which shall be included in the Secretary of the Interior's annual Federal-CNMI Initiative on Labor Immigration, and Law Enforcement report to the Congress. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Allergy and Anaphylaxis Management Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Early childhood education program.--The term ``early childhood education program'' means-- (A) a Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.); (B) a State licensed or regulated child care program or school; or (C) a State prekindergarten program that serves children from birth through kindergarten. (2) ESEA definitions.--The terms ``local educational agency'', ``secondary school'', ``elementary school'', and ``parent'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) School.--The term ``school'' includes public-- (A) kindergartens; (B) elementary schools; and (C) secondary schools. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. ESTABLISHMENT OF VOLUNTARY FOOD ALLERGY AND ANAPHYLAXIS MANAGEMENT GUIDELINES. (a) Establishment.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Education, shall-- (A) develop guidelines to be used on a voluntary basis to develop plans for individuals to manage the risk of food allergy and anaphylaxis in schools and early childhood education programs; and (B) make such guidelines available to local educational agencies, schools, early childhood education programs, and other interested entities and individuals to be implemented on a voluntary basis only. (2) Applicability of ferpa.--Each plan described in paragraph (1) that is developed for an individual shall be considered an education record for the purpose of the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g). (b) Contents.--The voluntary guidelines developed by the Secretary under subsection (a) shall address each of the following, and may be updated as the Secretary determines necessary: (1) Parental obligation to provide the school or early childhood education program, prior to the start of every school year, with-- (A) documentation from their child's physician or nurse-- (i) supporting a diagnosis of food allergy, and any risk of anaphylaxis, if applicable; (ii) identifying any food to which the child is allergic; (iii) describing, if appropriate, any prior history of anaphylaxis; (iv) listing any medication prescribed for the child for the treatment of anaphylaxis; (v) detailing emergency treatment procedures in the event of a reaction; (vi) listing the signs and symptoms of a reaction; and (vii) assessing the child's readiness for self-administration of prescription medication; and (B) a list of substitute meals that may be offered to the child by school or early childhood education program food service personnel. (2) The creation and maintenance of an individual plan for food allergy management, in consultation with the parent, tailored to the needs of each child with a documented risk for anaphylaxis, including any procedures for the self- administration of medication by such children in instances where-- (A) the children are capable of self-administering medication; and (B) such administration is not prohibited by State law. (3) Communication strategies between individual schools or early childhood education programs and providers of emergency medical services, including appropriate instructions for emergency medical response. (4) Strategies to reduce the risk of exposure to anaphylactic causative agents in classrooms and common school or early childhood education program areas such as cafeterias. (5) The dissemination of general information on life- threatening food allergies to school or early childhood education program staff, parents, and children. (6) Food allergy management training of school or early childhood education program personnel who regularly come into contact with children with life-threatening food allergies. (7) The authorization and training of school or early childhood education program personnel to administer epinephrine when the nurse is not immediately available. (8) The timely accessibility of epinephrine by school or early childhood education program personnel when the nurse is not immediately available. (9) The creation of a plan contained in each individual plan for food allergy management that addresses the appropriate response to an incident of anaphylaxis of a child while such child is engaged in extracurricular programs of a school or early childhood education program, such as non-academic outings and field trips, before- and after-school programs or before- and after-early child education program programs, and school- sponsored or early childhood education program-sponsored programs held on weekends. (10) Maintenance of information for each administration of epinephrine to a child at risk for anaphylaxis and prompt notification to parents. (11) Other elements the Secretary determines necessary for the management of food allergies and anaphylaxis in schools and early childhood education programs. (c) Relation to State Law.--Nothing in this Act or the guidelines developed by the Secretary under subsection (a) shall be construed to preempt State law, including any State law regarding whether students at risk for anaphylaxis may self-administer medication. SEC. 4. SCHOOL-BASED FOOD ALLERGY MANAGEMENT GRANTS. (a) In General.--The Secretary may award grants to local educational agencies to assist such agencies with implementing voluntary food allergy and anaphylaxis management guidelines described in section 3. (b) Application.-- (1) In general.--To be eligible to receive a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and including such information as the Secretary may reasonably require. (2) Contents.--Each application submitted under paragraph (1) shall include-- (A) an assurance that the local educational agency has developed plans in accordance with the food allergy and anaphylaxis management guidelines described in section 3; (B) a description of the activities to be funded by the grant in carrying out the food allergy and anaphylaxis management guidelines, including-- (i) how the guidelines will be carried out at individual schools served by the local educational agency; (ii) how the local educational agency will inform parents and students of the guidelines in place; (iii) how school nurses, teachers, administrators, and other school-based staff will be made aware of, and given training on, when applicable, the guidelines in place; and (iv) any other activities that the Secretary determines appropriate; (C) an itemization of how grant funds received under this section will be expended; (D) a description of how adoption of the guidelines and implementation of grant activities will be monitored; and (E) an agreement by the local educational agency to report information required by the Secretary to conduct evaluations under this section. (c) Use of Funds.--Each local educational agency that receives a grant under this section may use the grant funds for the following: (1) Purchase of materials and supplies, including limited medical supplies such as epinephrine and disposable wet wipes, to support carrying out the food allergy and anaphylaxis management guidelines described in section 3. (2) In partnership with local health departments, school nurse, teacher, and personnel training for food allergy management. (3) Programs that educate students as to the presence of, and policies and procedures in place related to, food allergies and anaphylactic shock. (4) Outreach to parents. (5) Any other activities consistent with the guidelines described in section 3. (d) Duration of Awards.--The Secretary may award grants under this section for a period of not more than 2 years. In the event the Secretary conducts a program evaluation under this section, funding in the second year of the grant, where applicable, shall be contingent on a successful program evaluation by the Secretary after the first year. (e) Limitation on Grant Funding.--The Secretary may not provide grant funding to a local educational agency under this section after such local educational agency has received 2 years of grant funding under this section. (f) Maximum Amount of Annual Awards.--A grant awarded under this section may not be made in an amount that is more than $50,000 annually. (g) Priority.--In awarding grants under this section, the Secretary shall give priority to local educational agencies with the highest percentages of children who are counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)). (h) Matching Funds.-- (1) In general.--The Secretary may not award a grant under this section unless the local educational agency agrees that, with respect to the costs to be incurred by such local educational agency in carrying out the grant activities, the local educational agency shall make available (directly or through donations from public or private entities) non-Federal funds toward such costs in an amount equal to not less than 25 percent of the amount of the grant. (2) Determination of amount of non-federal contribution.-- Non-Federal funds required under paragraph (1) may be cash or in-kind, including plant, equipment, or services. Amounts provided by the Federal Government, and any portion of any service subsidized by the Federal Government, may not be included in determining the amount of such non-Federal funds. (i) Administrative Funds.--A local educational agency that receives a grant under this section may use not more than 2 percent of the grant amount for administrative costs related to carrying out this section. (j) Progress and Evaluations.--At the completion of the grant period referred to in subsection (d), a local educational agency shall provide the Secretary with information on how grant funds were spent and the status of implementation of the food allergy and anaphylaxis management guidelines described in section 3. (k) Supplement, Not Supplant.--Grant funds received under this section shall be used to supplement, and not supplant, non-Federal funds and any other Federal funds available to carry out the activities described in this section. (l) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $30,000,000 for fiscal year 2010 and such sums as may be necessary for each of the 4 succeeding fiscal years. SEC. 5. VOLUNTARY NATURE OF GUIDELINES. (a) In General.--The food allergy and anaphylaxis management guidelines developed by the Secretary under section 3 are voluntary. Nothing in this Act or the guidelines developed by the Secretary under section 3 shall be construed to require a local educational agency to implement such guidelines. (b) Exception.--Notwithstanding subsection (a), the Secretary may enforce an agreement by a local educational agency to implement food allergy and anaphylaxis management guidelines as a condition of the receipt of a grant under section 4.

Summary: Food Allergy and Anaphylaxis Management Act of 2009 - Requires the Secretary of Health and Human Services to develop and make available to local educational agencies, schools, early childhood education programs, and other interested entities voluntary guidelines to develop plans for individuals to manage the risk of food allergy and anaphylaxis in schools and early childhood education programs. Directs that such guidelines address: (1) parental obligation to provide the documentation of their child's allergies; (2) the creation of an individual food allergy management plan for each such child; (3) communication between schools or programs and emergency medical services; (4) reduction of exposure to anaphylactic causative agents; (5) food allergy management training; and (6) administration of epinephrine. Allows the Secretary to award matching grants to assist local educational agencies in implementing such food allergy and anaphylaxis management guidelines.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Price Competition Act of 2009''. SEC. 2. EXCLUSIVITY PERIOD. (a) First Applicant.--Section 505(j)(5) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)) is amended-- (1) in subparagraph (B)(iv)-- (A) in subclause (II), by striking item (bb) and inserting the following: ``(bb) First applicant.--As used in this subsection, the term `first applicant' means-- ``(AA) an applicant that, on the first day on which a substantially complete application containing a certification described in paragraph (2)(A)(vii)(IV) is submitted for approval of a drug, submits a substantially complete application that contains and lawfully maintains a certification described in paragraph (2)(A)(vii)(IV) for the drug; or ``(BB) an applicant for the drug not described in item (AA) that satisfies the requirements of subclause (III).''; and (B) by adding at the end the following: ``(III) An applicant described in subclause (II)(bb)(BB) shall-- ``(aa) submit and lawfully maintain a certification described in paragraph (2)(A)(vii)(IV) or a statement described in paragraph (2)(A)(viii) for each unexpired patent for which a first applicant described in item (AA) had submitted a certification described in paragraph (2)(A)(vii)(IV) on the first day on which a substantially complete application containing such a certification was submitted; ``(bb) with regard to each such unexpired patent for which the applicant submitted a certification described in paragraph (2)(A)(vii)(IV), no action for patent infringement was brought against the applicant within the 45-day period specified in paragraph (5)(B)(iii), or if an action was brought within such time period, the applicant has obtained the decision of a court (including a district court) that the patent is invalid or not infringed (including any substantive determination that there is no cause of action for patent infringement or invalidity, and including a settlement order or consent decree signed and entered by the court stating that the patent is invalid or not infringed); and ``(cc) but for the effective date of approval provisions in subparagraphs (B) and (F) and sections 505A and 527, be eligible to receive immediately effective approval at a time before any other applicant has begun commercial marketing.''; and (2) in subparagraph (D)-- (A) in clause (i)(IV), by striking ``The first applicant'' and inserting ``The first applicant, as defined in subparagraph (B)(iv)(II)(bb)(AA),''; and (B) in clause (iii), in the matter preceding subclause (I)-- (i) by striking ``If all first applicants forfeit the 180-day exclusivity period under clause (ii)''; and (ii) by inserting ``If all first applicants, as defined in subparagraph (B)(iv)(II)(bb)(AA), forfeit the 180-day exclusivity period under clause (ii) at a time at which no applicant has begun commercial marketing''. (b) Effective Date and Transitional Provision.-- (1) Effective date.--The amendments made by subsection (a) shall be effective only with respect to an application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) to which the amendments made by section 1102(a) of the Medicare Prescription Drug Improvement and Modernization Act of 2003 (Public Law 108-173) apply. (2) Transitional provision.--An application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)), to which the 180-day exclusivity period described in paragraph (5)(iv) of such section does not apply, and that contains a certification under paragraph (2)(A)(vii)(IV) of such Act, shall be regarded as a previous application containing such a certification within the meaning of section 505(j)(5)(B)(iv) of such Act (as in effect before the amendments made by Medicare Prescription Drug Improvement and Modernization Act of 2003 (Public Law 108-173)) if-- (A) no action for infringement of the patent that is the subject of such certification was brought against the applicant within the 45-day period specified in section 505(j)(5)(B)(iii) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)(iii)), or if an action was brought within such time period, the applicant has obtained the decision of a court (including a district court) that the patent is invalid or not infringed (including any substantive determination that there is no cause of action for patent infringement or invalidity, and including a settlement order or consent decree signed and entered by the court stating that the patent is invalid or not infringed); (B) the application is eligible to receive immediately effective approval, but for the effective date of approval provisions in sections 505(j)(5)(B) (as in effect before the amendment made by Public Law 108-173), 505(j)(5)(F), 505A, and 527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B), 355(j)(5)(F), 355a, 360cc); and (C) no other applicant has begun commercial marketing.

Summary: Drug Price Competition Act of 2009 - Amends the Federal Food, Drug, and Cosmetic Act to expand the definition of "first applicant" under such Act to allow a generic drug manufacturer that is currently considered an applicant subsequent to a brand-name manufacturer's 180-day exclusivity period to qualify as a first applicant for purposes of filing an abbreviated application for a new drug. Requires such applicant to submit a substantially complete application that contains and lawfully maintains a certification for such drug.


SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE. (a) Short Title.--This Act may be cited as the ``Veterans' Compensation Rate Amendments of 2001''. (b) References to Title 38, United States Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. SEC. 2. DISABILITY COMPENSATION. (a) Increase in Rates.--Section 1114 is amended-- (1) by striking ``$98'' in subsection (a) and inserting ``$103''; (2) by striking ``$188'' in subsection (b) and inserting ``$199''; (3) by striking ``$288'' in subsection (c) and inserting ``$306''; (4) by striking ``$413'' in subsection (d) and inserting ``$439''; (5) by striking ``$589'' in subsection (e) and inserting ``$625''; (6) by striking ``$743'' in subsection (f) and inserting ``$790''; (7) by striking ``$937'' in subsection (g) and inserting ``$995''; (8) by striking ``$1,087'' in subsection (h) and inserting ``$1,155''; (9) by striking ``$1,224'' in subsection (i) and inserting ``$1,299''; (10) by striking ``$2,036'' in subsection (j) and inserting ``$2,163''; (11) in subsection (k)-- (A) by striking ``$76'' both places it appears and inserting ``$80''; and (B) by striking ``$2,533'' and ``$3,553'' and inserting ``$2,691'' and ``$3,775'', respectively; (12) by striking ``$2,533'' in subsection (l) and inserting ``$2,691''; (13) by striking ``$2,794'' in subsection (m) and inserting ``$2,969''; (14) by striking ``$3,179'' in subsection (n) and inserting ``$3,378''; (15) by striking ``$3,553'' each place it appears in subsections (o) and (p) and inserting ``$3,775''; (16) by striking ``$1,525'' and ``$2,271'' in subsection (r) and inserting ``$1,621'' and ``$2,413'', respectively; and (17) by striking ``$2,280'' in subsection (s) and inserting ``$2,422''. (b) Special Rule.--The Secretary of Veterans Affairs may authorize administratively, consistent with the increases authorized by this section, the rates of disability compensation payable to persons within the purview of section 10 of Public Law 85-857 who are not in receipt of compensation payable pursuant to chapter 11 of title 38, United States Code. SEC. 3. ADDITIONAL COMPENSATION FOR DEPENDENTS. Section 1115(1) is amended-- (1) by striking ``$117'' in clause (A) and inserting ``$124''; (2) by striking ``$201'' and ``$61'' in clause (B) and inserting ``$213'' and ``$64'', respectively; (3) by striking ``$80'' and ``$61'' in clause (C) and inserting ``$84'' and ``$64'', respectively; (4) by striking ``$95'' in clause (D) and inserting ``$100''; (5) by striking ``$222'' in clause (E) and inserting ``$234''; and (6) by striking ``$186'' in clause (F) and inserting ``$196''. SEC. 4. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS. Section 1162 is amended by striking ``$546'' and inserting ``$580''. SEC. 5. DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES. (a) New Law Rates.--Section 1311(a) is amended-- (1) by striking ``$881'' in paragraph (1) and inserting ``$935''; and (2) by striking ``$191'' in paragraph (2) and inserting ``$202''. (b) Old Law Rates.--The table in section 1311(a)(3) is amended to read as follows: Monthly Monthly ``Pay grade rate Pay grade rate E-1...................... $935 W-4........ $1,119 E-2...................... 935 O-1........ 988 E-3...................... 935 O-2........ 1,021 E-4...................... 935 O-3........ 1,092 E-5...................... 935 O-4........ 1,155 E-6...................... 935 O-5........ 1,272 E-7...................... 967 O-6........ 1,433 E-8...................... 1,021 O-7........ 1,549 E-9...................... 1,066\1\ O-8........ 1,699 W-1...................... 988 O-9........ 1,818 W-2...................... 1,028 O-10....... 1,994\2\ W-3...................... 1,058 ``\1\If the veteran served as Sergeant Major of the Army, Senior Enlisted Advisor of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate shall be $1,149. ``\2\If the veteran served as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate shall be $2,139.''. (c) Additional DIC for Children.--Section 1311(b) is amended by striking ``$222'' and inserting ``$234''. (d) Aid and Attendance Allowance.--Section 1311(c) is amended by striking ``$222'' and inserting ``$234''. (e) Housebound Rate.--Section 1311(d) is amended by striking ``$107'' and inserting ``$112''. SEC. 6. DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN. (a) DIC for Orphan Children.--Section 1313(a) is amended-- (1) by striking ``$373'' in paragraph (1) and inserting ``$397''; (2) by striking ``$538'' in paragraph (2) and inserting ``$571''; (3) by striking ``$699'' in paragraph (3) and inserting ``$742''; and (4) by striking ``$699'' and ``$136'' in paragraph (4) and inserting ``$742'' and ``$143'', respectively. (b) Supplemental DIC for Disabled Adult Children.--Section 1314 is amended-- (1) by striking ``$222'' in subsection (a) and inserting ``$234''; (2) by striking ``$373'' in subsection (b) and inserting ``$397''; and (3) by striking ``$188'' in subsection (c) and inserting ``$199''. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall take effect on December 1, 2001. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Veterans' Compensation Rate Amendments of 2001 - Increases, as of December 1, 2001, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled adult children, and dependency and indemnity compensation for surviving spouses and for children.