SECTION 1. SHORT TITLE. This Act may be cited as the ``Coordinate to Educate Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress makes the following findings: (1) Growing numbers of children live in an environment of social and economic conditions that greatly increase their risk of academic failure when they become students. (2) Many academically at-risk students suffer the effects of inadequate nutrition and health care, lack of child care, overcrowded and unsafe living conditions and homelessness, family and gang violence, substance abuse, sexual abuse and child abuse, involuntary migration and limited English proficiency that often create severe barriers to learning the knowledge and skills needed to become literate, independent and productive citizens. (3) Almost half of all children and youths live in a single parent family for some period of their lives, while many others live in families with two full-time working parents, greatly reducing parental involvement in their education. (4) Services for at-risk students are often fragmented, inconvenient, expensive, overregulated, ineffective and duplicative, and focused on only a single narrow problem without meeting the needs of the child and the family. (5) School personnel, parents, and support service providers often lack knowledge of, and access to, available services for at-risk students and their families in the community, are constrained by bureaucratic obstacles from providing the services most needed, and have few resources or incentives to coordinate services and make them accessible. (6) Service providers, such as teachers, social workers, health care and child care providers, juvenile justice workers and others, are often trained in separate institutions, practice in separate agencies, and pursue separate professional activities that provide little support for coordination and integration of services. (7) Coordination and integration of services for at-risk students emphasizing prevention and early intervention offer a greater opportunity to break the cycle that leads to academic failure, leaving school, low-skill levels, unemployment and low income. (8) Coordination of services is cost effective for schools and support agencies because it reduces duplication, improves quality of services, and substitutes prevention for expensive crisis interventions, while ensuring that students are ready to learn when they are in the classroom. (b) Purposes.--It is the purpose of this Act to establish a program of grants to local education agencies to improve students' educational performances by-- (1) removing barriers to their learning; (2) coordinating and enhancing the effectiveness of support services; (3) making support services available, affordable, and convenient for those who need them; (4) replicating and disseminating successful high quality coordinated service programs; (5) increasing parental involvement in education; (6) improving the capacity of school and support service personnel to collaborate; (7) integrating services, regulations, data bases, eligibility procedures and funding sources whenever possible; and (8) focusing school and community resources on prevention and early intervention strategies to address student needs and to ensure that students are ready to learn when they are in the classroom. SEC. 3. GRANT AUTHORIZATION. The Secretary of Education is authorized to make development and implementation grants to local education agencies to develop and implement coordinated service programs. SEC. 4. DEVELOPMENT GRANTS. (a) Eligibility.--To be eligible to receive a grant under this section, a local educational agency shall-- (1) plan to collaborate with health and social service agencies to develop a program of school-linked integrated service for children and families on or near a school site; or (2) offer some coordinated services, but be able to demonstrate a need for the expansion of services. (b) Duration.--Grants under this section may be for up to 3 years duration, subject to providing the Secretary with annual evidence of satisfactory progress towards the achievement of a plan for a self- sufficient coordinated service program. (c) Applications.--A local educational agency that wishes to receive a grant under this section shall submit an application which identifies-- (1) the need for coordinated services among all or some of the students of a local educational agency; (2) the proposed membership of a collaborative which will be formed to achieve broad-based coordinated services, including representatives from the appropriate levels of all sectors and services necessary to achieve broad-based coordinated services, including representatives of children and families; (3) the objectives of the collaboration; and (4) performance measurements. (d) Use of Funds.--Grants awarded under this section shall be used to-- (1) plan and hold regular meetings of the collaborative; (2) identify barriers to learning experienced by students in the local educational agency that stem from factors external to the public school system, including poor health, physical and sexual abuse, poor nutrition, inadequate housing, lack of appropriate childcare and lack of appropriate preschool and before and after school care; (3) assess the availability of currently existing social service programs which could help to alleviate these barriers; (4) assess the availability of local, State and private funds, the redirection of existing funds and the use of in-kind services; (5) assess the feasibility of a sliding scale fee for services that will be delivered; and (6) develop an interagency service delivery plan that identifies-- (A) the priorities of the service providers and the community; (B) the availability and use of adequate staff and physical resources; (C) a plan to coordinate Federal, State and local regulations, eligibility requirements and application procedures; (D) how coordinated services will be delivered, including a case management system; and (E) a plan to become self-sufficient, without using funds authorized under this Act, not later than 2 years after implementation. SEC. 5. IMPLEMENTATION GRANTS. (a) Eligibility.--A local educational agency that desires to receive a grant under this section shall have an interagency service delivery plan that has been approved by the Secretary of Education. (b) Duration.--Grants under this section may not exceed a 2-year period. (c) Applications.--To be eligible to receive a grant under this section, a local educational agency shall submit an application which-- (1) identifies barriers to learning experienced by students in the local educational agency that stem from factors external to the public school system, including poor health, evidence of physical or sexual abuse, poor nutrition, inadequate housing, lack of appropriate childcare and lack of appropriate preschool and before and after school care; (2) identifies existing social service programs; (3) identifies the participants in the delivery of coordinated services, including community and parent involvement; (4) includes an interagency service delivery plan which includes the priorities of the service providers and the community; (5) includes an interagency agreement signed by key parties within the collaborative, partnership schools and agencies that detail what will be done, by whom and when; (6) makes assurances that Federal funds will be used for not more than 50 percent of the costs of this project after the first year, with a commitment of matching funds from other agencies or private sources, including the redirection of existing funds and the use of in-kind services which will fully support the project after the second year; (7) identifies how the coordinated service program will be staffed, including the case of a coordinator and including a plan for interagency staff training and development; (8) identifies where the coordinated service program will be located; (9) identifies how Federal, State, and local regulations, eligibility requirements and application procedures have been coordinated; (10) utilizes a case management system; and (11) sets sliding scale service fees, if feasible. (d) Use of Funds.--Grants awarded under this section may be used-- (1) to locate and obtain commitments from funding sources other than the Federal Government when this grant ends; (2) to improve interagency communications and information- sharing, including developing telecommunications networks, software development, data base integration and management, and other applications of technology that improve coordination of service; (3) to support colocation of interagency service delivery programs in schools or other sites close to schools, including rental or lease payments, open and lock-up fees or maintenance and security costs necessary for the delivery of services to students; (4) for staff development, including in-service and cross- agency training, for the interagency service delivery team, including school staff; (5) to research and tabulate figures which demonstrate the success of a coordinated services program, including improved outcome for children and families in terms of taxpayers dollars saved; and (6) to support dissemination and replication of successful programs to other areas within a local educational agency. SEC. 6. TARGET POPULATIONS. (a) Eligible Schools, Grades, and Areas.--An eligible local educational agency may select a school or program area for coordinated services if the project design is of adequate size, scope, and quality to achieve projected outcomes. (b) Eligible Students.--Programs and services shall be made available to all children and families in the area to be served and shall, when appropriate, be paid on a sliding scale. SEC. 7. SPECIAL CONSIDERATION. In making awards under this Act, the Secretary shall give special consideration to-- (1) the geographic distribution of awards, including urban, suburban, and rural districts; (2) districts with concentrated pockets of educationally at-risk students; (3) local educational agencies with high proportions of educationally at-risk students; and (4) areas with a large number of single parent or two- parent, working families. SEC. 8. AUTHORIZATION. There are authorized to be appropriated to carry out the provisions of this Act for fiscal year 2009, $300,000,000 of which $200,000,000 shall be allocated for development grants and $100,000,000 shall be allocated for implementation grants, and such sums as may be necessary for each of the fiscal years 2010 through 2015.

Summary: Coordinate to Educate Act - Authorizes the Secretary of Education to award: (1) grants of up to three years to local educational agencies (LEAs) to collaborate with health and social service agencies to develop school-linked coordinated service programs for children and families on or near school sites; and (2) grants of up to two years to LEAs to implement such programs pursuant to interagency service delivery plans that have been approved by the Secretary. Requires program services to be available to all children and families in the service area and, where appropriate, paid for on a sliding scale. Directs the Secretary, in awarding grants, to give special consideration to areas with high proportions of educationally at-risk students and areas that have a large number of single parent or two-parent, working families.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Data in Government Act of 2017''. SEC. 2. PRESERVING GOVERNMENT DATA. (a) In General.--Subchapter I of chapter 35 of title 44, United States Code, is amended-- (1) in section 3502-- (A) in paragraph (13), by striking ``and'' at the end; (B) in paragraph (14), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(15) the term `data' means recorded information, regardless of form or the media on which the data is recorded; ``(16) the term `data asset' means a collection of data elements or data sets that may be grouped together; ``(17) the term `machine-readable' means a format in which information or data can be easily processed by a computer without human intervention while ensuring no semantic meaning is lost; ``(18) the term `open format' means a technical format that is not encumbered by restrictions that would impede use or reuse; ``(19) the term `open Government data' means a public data asset that is-- ``(A) machine-readable; ``(B) available in an open format; and ``(C) part of the worldwide public domain or, if necessary, published with an open license; and ``(20) the term `public data asset' means a data asset created or maintained by an agency, or a contractor of an agency, that-- ``(A) is not protected under copyright or patent laws; and ``(B)(i) may be released to the public; or ``(ii) has been released to the public in an open format.''; and (2) by adding at the end the following: ``Sec. 3522. Requirement to preserve Government data ``(a) In General.--Except as provided under subsection (c), any open Government data that is made available to the public for a period of not less than 90 consecutive days shall-- ``(1) remain machine-readable, available in an open format, and part of the worldwide public domain or, if necessary, published with an open license; and ``(2) not be altered in such a way as to decrease the machine-readable nature of the open Government data. ``(b) Alteration of Digital Location, Format, or Content.-- ``(1) In general.--It shall not be a violation of subsection (a) to alter-- ``(A) the digital location or format of open Government data for the purpose of routine asset maintenance or long-term archiving if the alteration does not decrease the open public accessibility or the machine-readable nature of the open Government data; or ``(B) the contents of open Government data for purposes of updating the open Government data or correcting an error in the open Government data. ``(2) Permanence of data after updates.--For purposes of subsection (a), any alteration of the digital location, format, or contents of open Government data under subparagraph (A) or (B) of paragraph (1) shall not constitute a renewal of the period for which the open Government data has been made available to the public. ``(3) Record of data changes after updates.--Any substantial alteration of the contents of open Government data under subparagraph (A) or (B) of paragraph (1) shall be recorded in a log that is made available to the public in an open format along with the open Government data. ``(c) Exceptions.-- ``(1) Conservation of agency resources.--An agency may remove open Government data from public availability if-- ``(A) the head of the agency determines that the open Government data-- ``(i) is too costly to maintain; or ``(ii) does not provide sufficient value to the public; ``(B) not less than 6 months before the date on which the agency removes the open Government data from public availability, the agency publishes a notice of the removal in the Federal Register, including-- ``(i) a clear identification of the open Government data; ``(ii) if applicable, the digital object identifier of the open Government data; ``(iii) a detailed description of the reasons for the removal; and ``(iv) a detailed description of efforts to make the open Government data permanently publicly available; and ``(C) the open Government data is available for download on the worldwide public domain for a period of not less than 6 months before the date on which the agency removes the open Government data from public availability. ``(2) Other provisions of law.--Subsection (a) shall not apply in the case of open Government data that is required to be removed from public availability or altered under another provision of law.''. (b) Technical and Conforming Amendment.--The table of sections for subchapter I of chapter 35 of title 44, United States Code, is amended by inserting after the item relating to section 3521 the following: ``3522. Requirement to preserve Government data.''.

Summary: Preserving Data in Government Act of 2017 This bill requires that any open government data that is made available to the public for at least 90 consecutive days must: (1) remain machine-readable, available in an open format, and part of the worldwide public domain or, if necessary, be published with an open license; and (2) not be altered in such a way as to decrease its machine-readable nature. It shall not be a violation of such requirement to alter: (1) the digital location or format of open government data for routine asset maintenance or long-term archiving if such alteration does not decrease the open public accessibility or the machine-readable nature of the data, or (2) the contents of such data to update it or correct an error. Any substantial alteration of the data's contents shall be recorded in a log that is made available to the public in an open format along with the data. An agency may remove such data from public availability if: the agency determines that the data is too costly to maintain or does not provide sufficient value to the public, the agency publishes specified notice at least six months in advance of such removal, and the data is available for download on the worldwide public domain for at least six months before such removal. This bill shall not apply to such data that is required to be removed from public availability or altered under another provision of law.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Environmental Technologies Agency Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) environmental problems facing the world pose a threat to the environmental security of the United States and other nations; (2) the causes of many of environmental problems lie in the use of environmentally damaging technologies in areas such as transportation, energy production, industrial manufacturing, and product use; (3) the development and deployment of environmentally safe technologies will both enhance the nations environmental security and the economic standing of the Nation in the world's market place; and (4) the Federal Government should play a significant role in enhancing the Nation's environmental security by-- (A) facilitating the development and deployment of environmentally safe technologies that provide solutions to environmental problems; and (B) assisting in the diffusion of knowledge of environmentally safe technologies throughout the Nation. (b) Purpose.--It is the purpose of this Act to assist the efforts of private industry, universities, nonprofit research centers, and government laboratories to provide environmentally safe technical solutions to problems threatening the Nation's environmental security and, in the process, to help the Nation's competitiveness. SEC. 3. DEFINITIONS. For the purposes of this Act-- (1) the term ``Administrator'' means the Administrator of the National Environmental Technologies Agency; (2) the term ``Advisory Council'' means the Industry and Academia Advisory Council established by section 5; (3) the term ``Agency'' means the National Environmental Technologies Agency established by section 4; and (4) the term ``Fund'' means the Critical Technologies Revolving Fund established by section 9. SEC. 4. ESTABLISHMENT OF AGENCY. (a) Establishment.--There is established as an independent establishment of the United States the National Environmental Technologies Agency. (b) Administrator.--(1) The Agency shall be headed by the Administrator of the National Environmental Technologies Agency, who shall be appointed by the President, with the advice and consent of the Senate. (2) Section 5313 of title 5, United States Code, is amended by adding at the end the following new item: ``Administrator, National Environmental Technologies Agency.''. (c) Staff.--The Administrator may appoint a staff of professionals with skills in the area of program definition and management and such support staff as the Administrator determines to be necessary, of which no more than 3 may be in positions of confidential or policy-making character. (d) Functions.--It shall be the function of the Agency to-- (1) coordinate planning by the departments, agencies, and independent establishments of the United States relating to restoration and protection of the environment; (2) identify areas that-- (A) need technical solutions to maintain the environmental security of the Nation; (B) are not receiving the long-term product- oriented research that is necessary to meet those needs; and (C) exhibit the greatest promise for the successful development of solutions; (3) support and assist the development of technology having potential future application in the restoration and protection of the environment; (4) coordinate among the departments, agencies, independent establishments of the United States and the private sector the exchange of technological information relating to restoration and protection of the environment; (5) support continuing research and development of advanced technologies by industrial, academic, and governmental and nongovernmental entities; (6) monitor on a continuing basis the research and development being conducted on advanced technologies by private industry in the United States; and (7) promote continuing development of a technological industrial base in the United States. (e) Interagency Advisory Committee.--(1) There is established an interagency advisory committee composed of-- (A) the Administrator of the Environmental Protection Agency, who shall be chair of the committee; (B) the Director of the Office of Science and Technology Policy, or the Director's designee; (C) the Secretary of Energy, or the Secretary's designee; (D) the Secretary of Commerce, or the Secretary's designee; (E) the Secretary of State, or the Secretary's designee; (F) the Secretary of Defense, or the Secretary's designee; and (G) the Administrator of the National Aeronautics and Space Administration, or the Administrator's designee. (2) The interagency advisory committee shall advise and provide information to the Agency with respect to the needs and concerns of their agencies in the field of environmental technologies. SEC. 5. INDUSTRY AND ACADEMIA ADVISORY COUNCIL. (a) Establishment.--There is established the Industry and Academia Advisory Council. (b) Membership.--(1) The Advisory Council shall consist of 9 members appointed by the Administrator, at least 5 of whom shall be from United States industry. (2) The persons appointed as members of the Advisory Council-- (A) shall be eminent in fields such as business, research, new product development, engineering, labor, education, management consulting, environment, and international relations; (B) shall be selected solely on the basis of established records of distinguished service; and (C) shall not be employees of the Federal Government. (3) In making appointments of persons as members of the Advisory Council, the Administrator shall give due consideration to any recommendations that may be submitted to the Director by the National Academies, professional societies, business associations, labor associations, and other appropriate organizations. (c) Terms.--(1)(A) Subject to paragraph (2), the term of office of a member of the Advisory Council shall be 3 years. (B) A member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of that term. (C) A member who has completed 2 consecutive full terms on the Advisory Council shall not be eligible for reappointment until 1 year after the expiration of the second such term. (2) The initial members of the Advisory Council shall be appointed to 3 classes of 3 members each, one class having a term of 1 year, one a term of 2 years, and one a term of 3 years. (3)(A) The Advisory Council shall meet at least quarterly at the call of the chair or whenever one-third of the members so request in writing. (B) A majority of the members of the council not having a conflict of interest in a matter under consideration by the Advisory Council shall constitute a quorum. (C) Each member shall be given appropriate notice of a meeting of the Advisory Council, not less than 15 days prior to any meeting, if possible. (4)(A) The Advisory Council shall appoint from among its members a person to serve as chair and a person to serve as vice chair. (B) The vice chair of the Advisory Council shall perform the duties of the chair in the absence of the chair. (5) The Advisory Council shall review and make recommendations regarding general policy for the Agency, its organization, its budget, and its programs within the framework of national policies set forth by the President and the Congress. SEC. 6. GENERAL AUTHORITY OF THE ADMINISTRATOR. (a) Authority.--In carrying out the functions of the Agency, the Administrator may-- (1) enter into, perform, and guarantee contracts, leases, grants, and cooperative agreements with any department, agency, or independent establishment of the United States or with any person; (2) use the services, equipment, personnel, or facilities of any other department, agency, or independent establishment of the United States, with the consent of the head of the department, agency, or independent establishment and with or without reimbursement, and cooperate with public and private entities in the use of such services, equipment, and facilities; (3) supervise, administer, and control the activities within the departments, agencies, and independent establishments of the United States relating to patents, inventions, trademarks, copyrights, royalty payments, and matters connected therewith that pertain to technologies relating to restoration and protection of the environment; and (4) appoint 1 or more advisory committees or councils, in addition to those established by sections 4(e) and 5, to consult with and advise the Administrator. (b) Transfer of Technology.--The Administrator may transfer to the domestic private sector technology developed by or with the support of the Agency if the Administrator determines that the technology may have potential application in private activities relating to restoration and protection of the environment. SEC. 7. COOPERATIVE AGREEMENTS AND OTHER ARRANGEMENTS. (a) In General.--In carrying out the functions of the Agency, the Administrator may enter into a cooperative agreement or other arrangement with any department, agency, or independent establishment of the United States, any unit of State or local government, any educational institution, or any other public or private person or entity. (b) Authority To Require Payment.--(1) A cooperative agreement or other arrangement entered into under subsection (a) may include a provision that requires a person or other entity to make payments to the Agency (or any other department, agency, or independent establishment of the United States) as a condition to receiving assistance from the Agency under the agreement or other arrangement. (2) The amount of any payment received by a department, agency, or independent establishment of the United States pursuant to a provision required under paragraph (1) shall be credited to the Fund in such amount as the Administrator may specify. (c) Nonduplication and Other Conditions.--The Administrator shall ensure that-- (1) the authority under this section is used only when the use of standard contracts or grants is not feasible or appropriate; and (2) to the maximum extent practicable, a cooperative agreement or other arrangement entered into under this section-- (A) does not provide for research that duplicates research being conducted under other programs carried out by a department, agency, or independent establishment of the United States; and (B) requires the other party to the agreement or arrangement to share the cost of the project or activity concerned. SEC. 8. PROGRAM REQUIREMENTS. (a) Selection Criteria.--Not later than 90 days after the date of enactment of this Act, the Administrator shall publish in the Federal Register proposed criteria, and not later than 180 days after the date of enactment of this Act, following a public comment period, final criteria, for the selection of recipients of contracts, leases, grants, and cooperative agreements under this Act. (b) Financial Reporting and Auditing.--The Administrator shall establish procedures regarding financial reporting and auditing to ensure that contracts and awards are used for the purposes specified in this section, are in accordance with sound accounting practices, and are not funding existing or planned research programs that would be conducted in the same time period in the absence of financial assistance under this Act. (c) Advice of the Advisory Council.--The Administrator shall ensure that the advice of the Advisory Council is considered routinely in carrying out the responsibilities of the Agency. (d) Dissemination of Research Results.--The Administrator shall provide for appropriate dissemination of research results of the Agency's program. (e) Contracts or Awards; Criteria; Restrictions.--(1) No contract or award may be made under this Act until the research project in question has been subject to a merit review, and has, in the opinion of the reviewers appointed by the Administrator, been shown to have scientific and technical merit. (2) Federal funds made available under this Act shall be used only for direct costs and not for indirect costs, profits, or management fees of the contractor. (3) In determining whether to make an award to a joint venture, the Administrator shall consider whether the members of the joint venture have provided for the appropriate participation of small United States businesses in the joint venture. (4) Section 552 of title 5, United States Code, shall not apply to the following information obtained by the Federal Government on a confidential basis in connection with the activities of any business or any joint venture that receives funding under this Act: (A) Information on the business operation of a member of the business or joint venture. (B) Trade secrets possessed by any business or by a member of the joint venture. (5) Intellectual property owned and developed by a business or joint venture that receives funding under this Act or by any member of such a joint venture may not be disclosed by any officer or employee of the United States except in accordance with a written agreement between the owner or developer and the Administrator. (6) The United States shall be entitled to a share of the licensing fees and royalty payments made to and retained by a business or joint venture to which it contributes under this section in an amount proportionate to the Federal share of the costs incurred by the business or joint venture, as determined by independent audit. (7) A contract or award under this Act shall contain appropriate provisions for discontinuance of the project and return of the unspent Federal funds to the Agency (after payment of all allowable costs and an audit) if-- (A) due to technical difficulties, financial difficulty on the part of the recipient, or for any other reason, the recipient is not making satisfactory progress toward successful completion of the project; or (B) despite satisfactory progress on the progress, it appears that the project will not achieve satisfactorily the goals of the project. (8) Upon dissolution of a joint venture that receives funding under this Act or at a time otherwise agreed upon, the United States shall be entitled to a share of the residual assets of a joint venture that is proportionate to the Federal share of the costs of the joint venture, as determined by independent audit. SEC. 9. REVOLVING FUND. (a) Establishment.--There is established in the Treasury of the United States a revolving fund to be known as the ``Environmental Advanced Research Projects Revolving Fund'', which shall consist of such amounts as are appropriated or credited to it from time to time. (b) Expenditures From the Fund.--Amounts in the Fund shall be available, as provided in appropriations Acts, to carry out the purposes of this Act. (c) Loans, Grants, and Other Financial Assistance.--(1) The Administrator may use the Fund for the purpose of making loans, grants, and other financial assistance to industrial and nonprofit research centers, universities, and other entities that serve the long-term environmental security needs of the United States, to carry out the purposes of this Act. (2) A loan made under this section shall bear interest at a rate determined by the Secretary of the Treasury (as of the close of the calendar month preceding the month in which the loan is made) to be 3 percent less than the current market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the period for which the loan is made. (3) Repayments on a loan made under this section and the proceeds from any other agreement entered into by the Administrator under this Act shall be credited to the Fund. (d) Management of Fund.--(1) The Secretary of the Treasury shall manage the Fund and, after consultation with the Administrator, report to Congress each year on the financial condition and the results of the operation of the Fund during the preceding fiscal year and on the expected condition and operations of the Fund during the next 5 fiscal years. (2)(A) The Secretary of the Treasury shall invest the portion of the Fund that is not, in the judgment of the Secretary, required to meet current withdrawals. (B) Investments of monies in the Fund may be made only in interest- bearing obligations of the United States. SEC. 10. ANNUAL REPORT. The Administrator shall submit a report to Congress annually describing-- (1) the activities of the Agency; (2) the Agency's plans for future activities; (3) the manner and extent to which technologies developed with assistance from the Agency have been used; and (4) the extent to which those technologies have been transferred overseas. SEC. 11. APPROPRIATIONS. (a) Amounts.--There are authorized to be appropriated to the Agency to carry out this Act $75,000,000 for fiscal year 1993, $140,000,000 for fiscal year 1994, and $200,000,000 for fiscal year 1995. (b) Limitation on Use.--Of amounts appropriated to the Agency, no more than 5 percent may be used to pay for administrative expenses of the Agency. S 425 IS----2

Summary: National Environmental Technologies Agency Act - Establishes the National Environmental Technologies Agency to: (1) coordinate Federal environmental restoration and protection planning; (2) identify areas that need technical solutions to maintain environmental security, are not receiving product-oriented research necessary to meet those needs, and exhibit the greatest promise for the development of solutions; (3) support the development of technology having future application in environmental restoration and protection; (4) coordinate the exchange of technological information relating to environmental restoration and protection between Federal agencies and the private sector; (5) support continuing research and development of advanced technologies; (6) monitor research and development being conducted on advanced technologies by private industry; and (7) promote continuing development of a technological industrial base in the United States. Establishes the Industry and Academia Advisory Council to make recommendations regarding general policy for the Agency. Permits the Agency Administrator to transfer to the domestic private sector technology developed with the support of the Agency if the technology may have potential application in private activities relating to environmental restoration and protection. Provides for dissemination of the results of Agency research. Directs the Administrator, in determining whether to make an award to a joint venture, to consider whether the joint venture has provided for appropriate participation of U.S. small businesses. Entitles the United States to a share of licensing fees and royalty payments made to a joint venture in an amount proportionate to the Federal share of costs incurred. Provides for the return of unspent Federal funds to the Agency if it appears that the recipient is not making satisfactory progress toward successful completion of the project. Entitles the United States, upon dissolution of a joint venture that receives funding under this Act, to a share of the residual assets proportionate to the Federal share of costs. Establishes the Environmental Advanced Research Projects Revolving Fund. Authorizes the use of the Fund to provide financial assistance to entities that serve long-term environmental security needs. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Review Panel Technical Amendments Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) A vibrant and growing small business sector is critical to creating jobs in a dynamic economy. (2) Small businesses bear a disproportionate share of regulatory costs and burdens. (3) Federal agencies must consider the impact of their regulations on small businesses early in the rulemaking process. (4) The Small Business Advocacy Review Panel process that was established by the Small Business Regulatory Enforcement Fairness Act of 1996 has been effective in allowing small businesses to participate in rules that are being developed by the Environmental Protection Agency and the Occupational Safety and Health Administration. (b) Purposes.--The purposes of this Act are the following: (1) To provide a forum for the effective participation of small businesses in the Federal regulatory process. (2) To clarify and strengthen the Small Business Advocacy Review Panel process. (3) To expand the number of Federal agencies that are required to convene Small Business Advocacy Review Panels. SEC. 3. ENSURING FULL ANALYSIS OF POTENTIAL IMPACTS ON SMALL ENTITIES OF RULES PROPOSED BY CERTAIN AGENCIES. Section 609(b) of title 5, United States Code, is amended to read as follows: ``(b)(1) Before the publication of an initial regulatory flexibility analysis that a covered agency is required to conduct under this chapter, the head of the covered agency shall-- ``(A) notify the Chief Counsel for Advocacy of the Small Business Administration (in this subsection referred to as the `Chief Counsel') in writing; ``(B) provide the Chief Counsel with information on the potential impacts of the proposed rule on small entities and the type of small entities that might be affected; and ``(C) not later than 30 days after complying with subparagraphs (A) and (B)-- ``(i) with the concurrence of the Chief Counsel, identify affected small entity representatives; and ``(ii) transmit the information referred to in subparagraph (B) to the identified small entity representatives for the purposes of obtaining advice and recommendations about the potential impacts of the draft proposed rule. ``(2)(A) Not earlier than 30 days after the covered agency transmits information pursuant to paragraph (1)(C)(ii), the head of the covered agency shall convene a review panel for the draft proposed rule. The panel shall consist solely of full-time Federal employees of the office within the covered agency that will be responsible for carrying out the proposed rule, the Office of Information and Regulatory Affairs of the Office of Management and Budget, and the Chief Counsel. ``(B) The review panel shall-- ``(i) review any material the covered agency has prepared in connection with this chapter, including any draft proposed rule; ``(ii) collect advice and recommendations from the small entity representatives identified under paragraph (1)(C)(i) on issues related to paragraphs (3), (4), and (5) of section 603(b) and section 603(c); and ``(iii) allow any small entity representative identified under paragraph (1)(C)(i) to make an oral presentation to the panel, if requested. ``(C) Not later than 60 days after the date a covered agency convenes a review panel pursuant to this paragraph, the review panel shall report to the head of the covered agency on-- ``(i) the comments received from the small entity representatives identified under paragraph (1)(C)(i); and ``(ii) its findings regarding issues related to paragraphs (3), (4), and (5) of section 603(b) and section 603(c). ``(3) The head of the covered agency shall print in the Federal Register the report of the review panel under paragraph (2)(C), by the earlier of-- ``(A) 120 days after the date the head of the covered agency receives the report; or ``(B) as part of the publication of the notice of proposed rulemaking for the proposed rule. ``(4) Where appropriate, the covered agency shall modify the draft proposed rule, the initial regulatory flexibility analysis for the draft proposed rule, or the decision on whether an initial regulatory flexibility analysis is required for the draft proposed rule.''. SEC. 4. DEFINITIONS. Section 609(d) of title 5, United States Code, is amended to read as follows: ``(d) For the purposes of this section-- ``(1) the term `covered agency' means the Environmental Protection Agency, the Occupational Safety and Health Administration of the Department of Labor, and the Internal Revenue Service of the Department of the Treasury; and ``(2) the term `small entity representative' means a small entity, or an individual or organization that represents a small entity.''. SEC. 5. EFFECTIVE DATE. This Act shall take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act.

Summary: Small Business Review Panel Technical Amendments Act of 1999 (sic) - Amends Federal provisions concerning the promulgation of Federal rules to allow representatives of small entities that may be affected to make an oral presentation to a review panel for a proposed rule. Requires the head of an agency covered by the rule to print the report of the review panel in the Federal Register within 120 days after receiving it or as part of the publication of the notice of proposed rulemaking.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Interest Checking Act of 2001''. SEC. 2. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED. (a) Repeal of Prohibition on Payment of Interest on Demand Deposits.-- (1) Federal reserve act.--Section 19(i) of the Federal Reserve Act (12 U.S.C. 371a) is amended to read as follows: ``(i) [Repealed]''. (2) Home owners' loan act.--The first sentence of section 5(b)(1)(B) of the Home Owners' Loan Act (12 U.S.C. 1464(b)(1)(B)) is amended by striking ``savings association may not--'' and all that follows through ``(ii) permit any'' and inserting ``savings association may not permit any''. (3) Federal deposit insurance act.--Section 18(g) of the Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended to read as follows: ``(g) [Repealed]''. (b) Effective Date.--The amendments made by subsection (a) shall take effect at the end of the 2-year period beginning on the date of the enactment of this Act. SEC. 3. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED FOR ALL BUSINESSES. Section 2 of Public Law 93-100 (12 U.S.C. 1832) is amended-- (1) in subsection (a), by adding at the end the following new paragraph: ``(3) Exception from paragraph (2) limitation.--Paragraph (2) shall not apply to any depository institution which is prohibited by the applicable law of its chartering State from offering demand deposits and either-- ``(A) does not engage in any lending activities; or ``(B) is not an affiliate of any company or companies with assets that, in the aggregate, represent more than 10 percent of the total assets of the depository institution.''; (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (3) by inserting after subsection (a) the following: ``(b) Notwithstanding any other provision of law, any depository institution may permit the owner of any deposit or account which is a deposit or account on which interest or dividends are paid and is not a deposit or account described in subsection (a)(2) to make up to 24 transfers per month (or such greater number as the Board may determine by rule or order), for any purpose, to another account of the owner in the same institution. Nothing in this subsection shall be construed to prevent an account offered pursuant to this subsection from being considered a transaction account (as defined in section 19(b) of the Federal Reserve Act for purposes of such Act).''. SEC. 4. PAYMENT OF INTEREST ON RESERVES AT FEDERAL RESERVE BANKS. (a) In General.--Section 19(b) of the Federal Reserve Act (12 U.S.C. 461(b)) is amended by adding at the end the following new paragraph: ``(12) Earnings on reserves.-- ``(A) In general.--Balances maintained at a Federal reserve bank by or on behalf of a depository institution may receive earnings to be paid by the Federal reserve bank at least once each calendar quarter at a rate or rates not to exceed the general level of short-term interest rates. ``(B) Regulations relating to payments and distribution.--The Board may prescribe regulations concerning-- ``(i) the payment of earnings in accordance with this paragraph; ``(ii) the distribution of such earnings to the depository institutions which maintain balances at such banks or on whose behalf such balances are maintained; and ``(iii) the responsibilities of depository institutions, Federal home loan banks, and the National Credit Union Administration Central Liquidity Facility with respect to the crediting and distribution of earnings attributable to balances maintained, in accordance with subsection (c)(1)(B), in a Federal reserve bank by any such entity on behalf of depository institutions.''. (b) Authorization for Pass Through Reserves for Member Banks.-- Section 19(c)(1)(B) of the Federal Reserve Act (12 U.S.C. 461(c)(1)(B)) is amended by striking ``which is not a member bank''. (c) Survey of Bank Fees and Services.--Section 19 of the Federal Reserve Act (as amended by subsections (a) and (b) of this section) is amended by adding at the end the following new subsection: ``(n) Survey of Bank Fees and Services.-- ``(1) Annual survey required.--The Board shall obtain annually a sample, which is representative by type and size of the institution and geographic location, of the following retail banking services and products provided by insured depository institutions and insured credit unions (along with related fees and minimum balances): ``(A) Checking and other transaction accounts. ``(B) Negotiable order of withdrawal and savings accounts. ``(C) Automated teller machine transactions. ``(D) Other electronic transactions. ``(E) Credit Cards. ``(2) Minimum survey requirement.--The annual survey described in paragraph (1) shall meet the following minimum requirements: ``(A) Checking and other transaction accounts.-- Data on checking and transaction accounts shall include, at a minimum, the following: ``(i) Monthly and annual fees and minimum balances to avoid such fees. ``(ii) Minimum opening balances. ``(iii) Check processing fees. ``(iv) Check printing fees. ``(v) Balance inquiry fees. ``(vi) Fees imposed for using a teller or other institution employee. ``(vii) Stop payment order fees. ``(viii) Nonsufficient fund fees. ``(ix) Overdraft fees. ``(x) Deposit items returned fees. ``(xi) Availability of no-cost or low-cost accounts for consumers who maintain low balances. ``(B) Negotiable order of withdrawal accounts and savings accounts.--Data on negotiable order of withdrawal accounts and savings accounts shall include, at a minimum, the following: ``(i) Monthly and annual fees and minimum balances to avoid such fees. ``(ii) Minimum opening balances. ``(iii) Rate at which interest is paid to consumers. ``(iv) Check processing fees for negotiable order of withdrawal accounts. ``(v) Check printing fees for negotiable order of withdrawal accounts. ``(vi) Balance inquiry fees. ``(vii) Fees imposed for using a teller or other institution employee. ``(viii) Stop payment order fees for negotiable order of withdrawal accounts. ``(ix) Nonsufficient fund fees for negotiable order of withdrawal accounts. ``(x) Overdraft fees for negotiable order of withdrawal accounts. ``(xi) Deposit items returned fees. ``(xii) Availability of no-cost or low-cost accounts for consumers who maintain low balances. ``(C) Automated teller transactions.--Data on automated teller machine transactions shall include, at a minimum, the following: ``(i) Annual and monthly fees. ``(ii) Card fees. ``(iii) Fees charged to customers for withdrawals, deposits, transfers between accounts, balance inquiries through institution-owned machines. ``(iv) Fees charged to customers for withdrawals, deposits, transfers between accounts, balance inquiries through machines owned by others. ``(v) Fees charged to noncustomers for withdrawals, deposits, transfers between accounts, balance inquiries through institution-owned machines. ``(vi) Point-of-sale transaction fees. ``(vii) Surcharges. ``(D) Other electronic transactions.--Data on other electronic transactions shall include, at a minimum, the following: ``(i) Wire transfer fees. ``(ii) Fees related to payments made over the Internet or through other electronic means. ``(E) Credit card charges and fees.--Data related to credit cards shall include, at a minimum, the following: ``(i) Application fees. ``(ii) Annual and monthly fees. ``(iii) Rates of interest charged for purchases and cash advances, when an account is not in default. ``(iv) Rates of interest charged for purchases and cash advances, when an account is in default. ``(v) Average annual finance charges paid by customers. ``(vi) Late payment fees. ``(vii) Cash advance and convenience check fees. ``(viii) Balance transfer fees. ``(ix) Over-the-credit-limit fees. ``(x) Foreign currency conversion fees. ``(F) Other fees and charges.--Data on any other fees and charges that the Board determines to be appropriate to meet the purposes of this section. ``(3) Annual Report to Congress Required.-- ``(A) Preparation.--The Board shall prepare a report of the results of each survey conducted pursuant to paragraph (1) and (2). ``(B) Contents of the report.--In addition to the data required to be collected pursuant to paragraphs (1) and (2), each report prepared pursuant to subparagraph (A) shall include a description of any discernible trend, in the Nation as a whole, in each of the 50 States, and in each metropolitan statistical area (as defined by the Director of the Office of Management and Budget), in the cost and availability of the retail banking services, including those described in paragraphs (1) and (2) (including related fees and minimum balances), that delineates differences between institutions on the basis of the type of institution, the size of the institution and any engagement of the institution in multistate activity. ``(C) Submission to congress.--The Board shall submit an annual report to the Congress under this paragraph not later than June 1, 2002, and not later than June 1 of each subsequent year. ``(4) Definitions.--For purposes of this subsection, the terms `insured depository institution' and `insured credit union' mean any depository institution (as defined in subsection (b)(1)(A)) the deposits or shares in which are insured under the Federal Deposit Insurance Act or the Federal Credit Union Act.''. (d) Technical and Conforming Amendments.--Section 19 of the Federal Reserve Act (12 U.S.C. 461) is amended-- (1) in subsection (b)(4) (12 U.S.C. 461(b)(4)), by striking subparagraph (C) and redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and (2) in subsection (c)(1)(A) (12 U.S.C. 461(c)(1)(A)), by striking ``subsection (b)(4)(C)'' and inserting ``subsection (b)''. SEC. 5. INCREASED FEDERAL RESERVE BOARD FLEXIBILITY IN SETTING RESERVE REQUIREMENTS. Section 19(b)(2)(A) of the Federal Reserve Act (12 U.S.C. 461(b)(2)(A)) is amended-- (1) in clause (i), by striking ``the ratio of 3 per centum'' and inserting ``a ratio not greater than 3 percent (and which may be zero)''; and (2) in clause (ii), by striking ``and not less than 8 per centum,'' and inserting ``(and which may be zero),''. SEC. 6. TRANSFER OF FEDERAL RESERVE SURPLUSES. (a) In General.--Section 7(b) of the Federal Reserve Act (12 U.S.C. 289(b)) is amended by adding at the end the following new paragraph: ``(4) Additional transfers to cover interest payments for fiscal years 2002 through 2006.-- ``(A) In general.--In addition to the amounts required to be transferred from the surplus funds of the Federal reserve banks pursuant to subsection (a)(3), the Federal reserve banks shall transfer from such surplus funds to the Board of Governors of the Federal Reserve System for transfer to the Secretary of the Treasury for deposit in the general fund of the Treasury, such sums as are necessary to equal the net cost of section 19(b)(12), as estimated by the Office of Management and Budget, in each of the fiscal years 2002 through 2006. ``(B) Allocation by federal reserve board.--Of the total amount required to be paid by the Federal reserve banks under subparagraph (A) for fiscal years 2002 through 2006, the Board of Governors of the Federal Reserve System shall determine the amount each such bank shall pay in such fiscal year. ``(C) Replenishment of surplus fund prohibited.-- During fiscal years 2002 through 2006, no Federal reserve bank may replenish such bank's surplus fund by the amount of any transfer by such bank under subparagraph (A).''. (b) Technical and Conforming Amendment.--Section 7(a) of the Federal Reserve Act (12 U.S.C. 289(a)) is amended by adding at the end the following new paragraph: ``(3) Payment to treasury.--During fiscal years 2002 through 2006, any amount in the surplus fund of any Federal reserve bank in excess of the amount equal to 3 percent of the paid-in capital and surplus of the member banks of such bank shall be transferred to the Secretary of the Treasury for deposit in the general fund of the Treasury.''. SEC. 7. RULE OF CONSTRUCTION. No provision of this Act, or any amendment made by this Act, shall be construed as creating any presumption or implication that, in the case of an escrow account maintained at a depository institution in connection with a real estate transaction-- (1) the absorption, by the depository institution, of expenses incidental to providing a normal banking function with respect to such escrow account; (2) the forbearance, by the depository institution, from charging a fee for providing any such banking function; and (3) any benefit which may accrue to the holder or the beneficiary of such escrow account as a result of an action of the depository institution described in paragraph (1) or (2), may be treated as the payment or receipt of interest for purposes of any provision of Public Law 93-100, the Federal Reserve Act, the Home Owners' Loan Act, or the Federal Deposit Insurance Act relating to the payment of interest on accounts or deposits at depository institutions. Passed the House of Representatives April 3, 2001. Attest: JEFF TRANDAHL, Clerk.

Summary: Small Business Interest Checking Act of 2001- Amends the Federal Reserve Act, the Home Owners' Loan Act, and the Federal Deposit Insurance Act to repeal the proscription against payment of interest on demand deposits.Authorizes certain depository institutions prohibited by State law from offering demand deposits to offer all owners of a interest- or dividend-paying deposit or account to make withdrawals by negotiable or transferable instruments for the purpose of making payments to third parties. Requires that such an institution either: (1) not engage in lending activities; or (2) not be an affiliate of a company or companies whose aggregate assets represent over ten percent of the institution's total assets.Amends Federal banking law governing interaccount transfers to provide that a depository institution may permit owners of certain interest- or dividend-paying accounts to make up to 24 transfers monthly for any purpose to their other accounts in the same institution.Amends the Federal Reserve Act to authorize a Federal reserve bank to pay interest at least quarterly (at a rate not to exceed the general level of short term interest rates) to a depository institution on any balance it maintains at the reserve bank.Repeals a specified restriction in order to authorize pass-through reserves for member banks (as well as non-member banks).Instructs the Board of Governors of the Federal Reserve System to obtain annually a prescribed survey of designated retail bank fees and services (including electronic and credit card fees), and report the results annually to Congress.Reformulates the mandatory depository institution reserve ratio to: (1) one that is not greater than three percent, and may be zero, (currently, a flat ratio of three percent) for transaction accounts of $25 million or less; and (2) reduce from eight percent to zero the minimum ratio for transaction accounts exceeding $25 million. (Thus authorizes zero reserve requirements for such accounts.)Requires the Federal Reserve banks to transfer certain surplus funds for deposit into the general fund of the Treasury equal to the estimated net cost of making the quarterly payments of interest mandated by this Act for FY 2002 through 2006.Prohibits such banks from replenishing surplus funds by the amount of any such transfers during that time period.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Unintended Pregnancy Reduction Act of 2006''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Rates of unintended pregnancy in the United States increased by nearly 30 percent among low-income women between 1994 and 2002, and a low-income woman today is 4 times as likely to have an unintended pregnancy as her higher income counterpart. (2) Abortion rates decreased among higher income women but increased among low income women between 1994 and 2002, and a low income woman is more than 4 times as likely to have an abortion as her higher income counterpart. (3) Contraceptive use reduces a woman's probability of having an abortion by 85 percent. (4) Levels of contraceptive use among low-income women at risk of unintended pregnancy declined significantly between 1994 and 2002, from 92 percent to 86 percent. (5) Publicly funded contraceptive services have been shown to prevent 1,300,000 unintended pregnancies each year, and in the absence of these services the United States abortion rate would likely be 40 percent higher than it is. (6) By helping couples avoid unintended pregnancy, Medicaid-funded contraceptive services are highly cost- effective, and every public dollar spent on family planning saves $3 in the cost of pregnancy-related care alone. (7) Federal law requires State Medicaid programs to cover pregnancy-related care for women with incomes up to 133 percent of poverty, and 17 States have expanded this coverage to women with incomes up to 200 percent of poverty. (8) 18 States have expanded Medicaid coverage for family planning services to the same level at which they provide Medicaid funded pregnancy-related care. (9) Equalizing the eligibility levels for family planning and pregnancy-related care nationwide would maximize the cost- savings to both the Federal and State Governments. (10) A woman should have equal access to contraceptive services to help prevent an unintended pregnancy and to pregnancy-related care if she does become pregnant. SEC. 3. CLARIFICATION OF COVERAGE OF FAMILY PLANNING SERVICES AND SUPPLIES. Section 1937(b) of the Social Security Act (42 U.S.C. 1396u-7(b)) is amended by adding at the end the following: ``(5) Coverage of family planning services and supplies.-- Notwithstanding the previous provisions of this section, a State may not provide for medical assistance through enrollment of an individual with benchmark coverage or benchmark- equivalent coverage under this section unless that coverage includes family planning services and supplies as described in section 1905(a)(4)(C).''. SEC. 4. EXPANSION OF FAMILY PLANNING SERVICES. (a) Coverage as Mandatory Categorically Needy Group.-- (1) In general.--Section 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)) is amended-- (A) in subclause (VI), by striking ``or'' at the end; (B) in subclause (VII), by adding ``or'' at the end; and (C) by adding at the end the following new subclause: ``(VIII) who are described in subsection (dd) (relating to individuals who meet the income standards for pregnant women);''. (2) Group described.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended by adding at the end the following new subsection: ``(dd)(1) Individuals described in this subsection are individuals who-- ``(A) meet at least the income eligibility standards established under the State plan as of May 1, 2006, for pregnant women or such higher income eligibility standard for such women as the State may establish; and ``(B) are not pregnant. ``(2) At the option of a State, individuals described in this subsection may include individuals who are determined to meet the income eligibility standards referred to in paragraph (1)(A) under the terms and conditions applicable to making eligibility determinations for medical assistance under this title under a waiver to provide the benefits described in clause (XV) of the matter following subparagraph (G) of section 1902(a)(10) granted to the State under section 1115 as of May 1, 2006.''. (3) Limitation on benefits.--Section 1902(a)(10) of the Social Security Act (42 U.S.C. 1396a(a)(10)) is amended in the matter following subparagraph (G)-- (A) by striking ``and (XIV)'' and inserting ``(XIV)''; and (B) by inserting ``, and (XV) the medical assistance made available to an individual described in subsection (dd) who is eligible for medical assistance only because of subparagraph (A)(10)(i)(VIII) shall be limited to family planning services and supplies described in 1905(a)(4)(C) and, at the State's option, medical diagnosis or treatment services that are provided in conjunction with a family planning service in a family planning setting provided during the period in which such an individual is eligible;'' after ``cervical cancer''. (4) Conforming amendments.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended in the matter preceding paragraph (1)-- (A) in clause (xii), by striking ``or'' at the end; (B) in clause (xii), by adding ``or'' at the end; and (C) by inserting after clause (xiii) the following: ``(xiv) individuals described in section 1902(dd),''. (b) Presumptive Eligibility.-- (1) In general.--Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended by inserting after section 1920B the following: ``presumptive eligibility for family planning services ``Sec. 1920C. (a) State Option.--A State plan approved under section 1902 may provide for making medical assistance available to an individual described in section 1902(dd) (relating to individuals who meet the income eligibility standard for pregnant women in the State) during a presumptive eligibility period. In the case of an individual described in section 1902(dd) who is eligible for medical assistance only because of subparagraph (A)(10)(i)(VIII), such medical assistance may be limited to family planning services and supplies described in 1905(a)(4)(C) and, at the State's option, medical diagnosis or treatment services that are provided in conjunction with a family planning service in a family planning setting provided during the period in which such an individual is eligible. ``(b) Definitions.--For purposes of this section: ``(1) Presumptive eligibility period.--The term `presumptive eligibility period' means, with respect to an individual described in subsection (a), the period that-- ``(A) begins with the date on which a qualified entity determines, on the basis of preliminary information, that the individual is described in section 1902(dd); and ``(B) ends with (and includes) the earlier of-- ``(i) the day on which a determination is made with respect to the eligibility of such individual for services under the State plan; or ``(ii) in the case of such an individual who does not file an application by the last day of the month following the month during which the entity makes the determination referred to in subparagraph (A), such last day. ``(2) Qualified entity.-- ``(A) In general.--Subject to subparagraph (B), the term `qualified entity' means any entity that-- ``(i) is eligible for payments under a State plan approved under this title; and ``(ii) is determined by the State agency to be capable of making determinations of the type described in paragraph (1)(A). ``(B) Regulations.--The Secretary may issue regulations further limiting those entities that may become qualified entities in order to prevent fraud and abuse and for other reasons. ``(C) Rule of construction.--Nothing in this paragraph shall be construed as preventing a State from limiting the classes of entities that may become qualified entities, consistent with any limitations imposed under subparagraph (B). ``(c) Administration.-- ``(1) In general.--The State agency shall provide qualified entities with-- ``(A) such forms as are necessary for an application to be made by an individual described in subsection (a) for medical assistance under the State plan; and ``(B) information on how to assist such individuals in completing and filing such forms. ``(2) Notification requirements.--A qualified entity that determines under subsection (b)(1)(A) that an individual described in subsection (a) is presumptively eligible for medical assistance under a State plan shall-- ``(A) notify the State agency of the determination within 5 working days after the date on which determination is made; and ``(B) inform such individual at the time the determination is made that an application for medical assistance is required to be made by not later than the last day of the month following the month during which the determination is made. ``(3) Application for medical assistance.--In the case of an individual described in subsection (a) who is determined by a qualified entity to be presumptively eligible for medical assistance under a State plan, the individual shall apply for medical assistance by not later than the last day of the month following the month during which the determination is made. ``(d) Payment.--Notwithstanding any other provision of this title, medical assistance that-- ``(1) is furnished to an individual described in subsection (a)-- ``(A) during a presumptive eligibility period; ``(B) by a entity that is eligible for payments under the State plan; and ``(2) is included in the care and services covered by the State plan, shall be treated as medical assistance provided by such plan for purposes of clause (4) of the first sentence of section 1905(b).''. (2) Conforming amendments.-- (A) Section 1902(a)(47) of the Social Security Act (42 U.S.C. 1396a(a)(47)) is amended by inserting before the semicolon at the end the following: ``and provide for making medical assistance available to individuals described in subsection (a) of section 1920C during a presumptive eligibility period in accordance with such section.''. (B) Section 1903(u)(1)(D)(v) of such Act (42 U.S.C. 1396b(u)(1)(D)(v)) is amended-- (i) by striking ``or for'' and inserting ``, for''; and (ii) by inserting before the period the following: ``, or for medical assistance provided to an individual described in subsection (a) of section 1920C during a presumptive eligibility period under such section''. SEC. 5. EFFECTIVE DATE. (a) In General.--Except as provided in paragraph (2), the amendments made by this Act take effect on October 1, 2006. (b) Extension of Effective Date for State Law Amendment.--In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature.

Summary: Unintended Pregnancy Reduction Act of 2006 - Amends title XIX (Medicaid) of the Social Security Act to: (1) prohibit a state from providing for medical assistance through enrollment of an individual with benchmark coverage or benchmark-equivalent coverage unless it includes certain family planning services and supplies; (2 ) include women who are not pregnant but who meet certain income eligibility standards in a mandatory categorically needy group for family planning services purposes; and (3) allow a state Medicaid plan to provide for making medical assistance available to such individuals during a presumptive eligibility period.


SECTION 1. SHORT TITLE. This Act may be cited as the ``International Anti-Corruption Act of 1999''. SEC. 2. LIMITATIONS ON FOREIGN ASSISTANCE. (a) Report and Certification.-- (1) In general.--Not later than March 1 of each year, the President shall submit to the appropriate committees a certification described in paragraph (2) and a report for each country that received foreign assistance under part I of the Foreign Assistance Act of 1961 during the fiscal year. The report shall describe the extent to which each such country is making progress with respect to the following economic indicators: (A) Implementation of comprehensive economic reform, based on market principles, private ownership, equitable treatment of foreign private investment, adoption of a legal and policy framework necessary for such reform, protection of intellectual property rights, and respect for contracts. (B) Elimination of corrupt trade practices by private persons and government officials. (C) Moving toward integration into the world economy. (2) Certification.--The certification described in this paragraph means a certification as to whether, based on the economic indicators described in subparagraphs (A) through (C) of paragraph (1), each country is-- (A) conducive to United States business; (B) not conducive to United States business; or (C) hostile to United States business. (b) Limitations on Assistance.-- (1) Countries hostile to united states business.-- (A) General limitation.--Beginning on the date the certification described in subsection (a) is submitted-- (i) none of the funds made available for assistance under part I of the Foreign Assistance Act of 1961 (including unobligated balances of prior appropriations) may be made available for the government of a country that is certified as hostile to United States business pursuant to such subsection (a); and (ii) the Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to vote against any loan or other utilization of the funds of such institution to or by any country with respect to which a certification described in clause (i) has been made. (B) Duration of limitations.--Except as provided in subsection (c), the limitations described in clauses (i) and (ii) of subparagraph (A) shall apply with respect to a country that is certified as hostile to United States business pursuant to subsection (a) until the President certifies to the appropriate committees that the country is making significant progress in implementing the economic indicators described in subsection (a)(1) and is no longer hostile to United States business. (2) Countries not conducive to united states business.-- (A) Probationary period.--A country that is certified as not conducive to United States business pursuant to subsection (a), shall be considered to be on probation beginning on the date of such certification. (B) Required improvement.--Unless the President certifies to the appropriate committees that the country is making significant progress in implementing the economic indicators described in subsection (a) and is committed to being conducive to United States business, beginning on the first day of the fiscal year following the fiscal year in which a country is certified as not conducive to United States business pursuant to subsection (a)(2)-- (i) none of the funds made available for assistance under part I of the Foreign Assistance Act of 1961 (including unobligated balances of prior appropriations) may be made available for the government of such country; and (ii) the Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to vote against any loan or other utilization of the funds of such institution to or by any country with respect to which a certification described in subparagraph (A) has been made. (C) Duration of limitations.--Except as provided in subsection (c), the limitations described in clauses (i) and (ii) of subparagraph (B) shall apply with respect to a country that is certified as not conducive to United States business pursuant to subsection (a) until the President certifies to the appropriate committees that the country is making significant progress in implementing the economic indicators described in subsection (a)(1) and is conducive to United States business. (c) Exceptions.-- (1) National security interest.--Subsection (b) shall not apply with respect to a country described in subsection (b) (1) or (2) if the President determines with respect to such country that making such funds available is important to the national security interest of the United States. Any such determination shall cease to be effective 6 months after being made unless the President determines that its continuation is important to the national security interest of the United States. (2) Other exceptions.--Subsection (b) shall not apply with respect to-- (A) assistance to meet urgent humanitarian needs (including providing food, medicine, disaster, and refugee relief); (B) democratic political reform and rule of law activities; (C) the creation of private sector and nongovernmental organizations that are independent of government control; and (D) the development of a free market economic system. SEC. 3. TOLL-FREE NUMBER. The Secretary of Commerce shall make available a toll-free telephone number for reporting by members of the public and United States businesses on the progress that countries receiving foreign assistance are making in implementing the economic indicators described in section 2(a)(1). The information obtained from the toll-free telephone reporting shall be included in the report required by section 2(a). SEC. 4. DEFINITIONS. In this Act: (1) Appropriate committees.--The term ``appropriate committees'' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) Multilateral development bank.--The term ``multilateral development bank'' means the International Bank for Reconstruction and Development, the International Development Association, and the European Bank for Reconstruction and Development.

Summary: Requires a report to accompany such certification describing the extent to which each such country is making progress in: (1) implementing comprehensive economic reform, based on market principles, private ownership, and other specified economic indicators; (2) eliminating corrupt trade practices by private persons and government officials; and (3) moving toward integration into the world economy. Instructs the Secretary of Commerce to make a toll-free telephone number available for progress reports on countries receiving foreign assistance and implementing specified economic indicators.


SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Cut Energy Bills at Home Act''. (b) Amendment of 1986 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 the Internal Revenue Code of 1986. SEC. 2. PERFORMANCE BASED HOME ENERGY IMPROVEMENTS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 is amended by adding at the end the following new section: ``SEC. 25E. PERFORMANCE BASED ENERGY IMPROVEMENTS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year for a qualified whole home energy efficiency retrofit an amount determined under subsection (b). ``(b) Amount Determined.-- ``(1) In general.--Subject to paragraph (4), the amount determined under this subsection is equal to-- ``(A) the base amount under paragraph (2), increased by ``(B) the amount determined under paragraph (3). ``(2) Base amount.--For purposes of paragraph (1)(A), the base amount is $2,000, but only if the energy use for the residence is reduced by at least 20 percent below the baseline energy use for such residence as calculated according to paragraph (5). ``(3) Increase amount.--For purposes of paragraph (1)(B), the amount determined under this paragraph is $500 for each additional 5 percentage point reduction in energy use. ``(4) Limitation.--In no event shall the amount determined under this subsection exceed the lesser of-- ``(A) $5,000 with respect to any residence, or ``(B) 30 percent of the qualified home energy efficiency expenditures paid or incurred by the taxpayer under subsection (c) with respect to such residence. ``(5) Determination of energy use reduction.--For purposes of this subsection-- ``(A) In general.--The reduction in energy use for any residence shall be determined by modeling the annual predicted percentage reduction in total energy costs for heating, cooling, hot water, and permanent lighting. It shall be modeled using computer modeling software approved under subsection (d)(2) and a baseline energy use calculated according to subsection (d)(1)(C). ``(B) Energy costs.--For purposes of subparagraph (A), the energy cost per unit of fuel for each fuel type shall be determined by dividing the total actual energy bill for the residence for that fuel type for the most recent available 12-month period by the total energy units of that fuel type used over the same period. ``(c) Qualified Home Energy Efficiency Expenditures.--For purposes of this section, the term `qualified home energy efficiency expenditures'-- ``(1) means any amount paid or incurred by the taxpayer during the taxable year for a qualified whole home energy efficiency retrofit, including the cost of diagnostic procedures, labor, and modeling, ``(2) includes only measures that have an average estimated life of 5 years or more as determined by the Secretary, after consultation with the Secretary of Energy, ``(3) does not include any amount which is paid or incurred in connection with any expansion of the building envelope of the residence, and ``(4) does not include improvements to swimming pools or hot tubs or any other expenditure specifically excluded by the Secretary, after consultation with the Secretary of Energy. ``(d) Qualified Whole Home Energy Efficiency Retrofit.--For purposes of this section-- ``(1) In general.--The term `qualified whole home energy efficiency retrofit' means the implementation of measures placed in service during the taxable year intended to reduce the energy use of the principal residence of the taxpayer which is located in the United States. A qualified whole home energy efficiency retrofit shall-- ``(A) be designed, implemented, and installed by a contractor which is-- ``(i) accredited by the Building Performance Institute (hereafter in this section referred to as `BPI') or a preexisting BPI accreditation-based State certification program with enhancements to achieve State energy policy, ``(ii) a Residential Energy Services Network (hereafter in this section referred to as `RESNET') accredited Energy Smart Home Performance Team, or ``(iii) accredited by an equivalent certification program approved by the Secretary, after consultation with the Secretary of Energy, for this purpose, ``(B) install a set of measures modeled to achieve a reduction in energy use of at least 20 percent below the baseline energy use established in subparagraph (C), using computer modeling software approved under paragraph (2), ``(C) establish the baseline energy use by calibrating the model using sections 3 and 4 and Annex D of BPI Standard BPI-2400-S-2011: Standardized Qualification of Whole House Energy Savings Estimates, or an equivalent standard approved by the Secretary, after consultation with Secretary of Energy, for this purpose, ``(D) document the measures implemented in the residence through photographs taken before and after the retrofit, including photographs of its visible energy systems and envelope as relevant, and ``(E) implement a test-out procedure, following guidelines of the applicable certification program specified under clause (i) or (ii) of subparagraph (A), or equivalent guidelines approved by the Secretary, after consultation with the Secretary of Energy, for this purpose, to ensure-- ``(i) the safe operation of all systems post retrofit, and ``(ii) that all improvements are included in, and have been installed according to, standards of the applicable certification program specified under clause (i) or (ii) of subparagraph (A), or equivalent standards approved by the Secretary, after consultation with the Secretary of Energy, for this purpose. For purposes of subparagraph (A)(iii), an organization or State may submit an equivalent certification program for approval by the Secretary, in consultation with the Secretary of Energy. The Secretary shall approve or deny such submission not later than 180 days after receipt, and, if the Secretary fails to respond in that time period, the submitted equivalent certification program shall be considered approved. ``(2) Approved modeling software.--For purposes of paragraph (1)(B), the contractor shall use modeling software certified by RESNET as following the software verification test suites in section 4.2.1 of RESNET Publication No. 06-001 or certified by an alternative organization as following an equivalent standard, as approved by the Secretary, after consultation with the Secretary of Energy, for this purpose. ``(3) Documentation.--The Secretary, after consultation with the Secretary of Energy, shall prescribe regulations directing what specific documentation is required to be retained or submitted by the taxpayer in order to claim the credit under this section, which shall include, in addition to the photographs under paragraph (1)(D), a form approved by the Secretary that is completed and signed by the qualified whole home energy efficiency retrofit contractor under penalties of perjury. Such form shall include-- ``(A) a statement that the contractor followed the specified procedures for establishing baseline energy use and estimating reduction in energy use, ``(B) the name of the software used for calculating the baseline energy use and reduction in energy use, the percentage reduction in projected energy savings achieved, and a statement that such software was certified for this program by the Secretary, after consultation with the Secretary of Energy, ``(C) a statement that the contractor will retain the details of the calculations and underlying energy bills for 5 years and will make such details available for inspection by the Secretary or the Secretary of Energy, if so requested, ``(D) a list of measures installed and a statement that all measures included in the reduction in energy use estimate are included in, and installed according to, standards of the applicable certification program specified under clause (i) or (ii) of subparagraph (A), or equivalent standards approved by the Secretary, after consultation with the Secretary of Energy, ``(E) a statement that the contractor meets the requirements of paragraph (1)(A), and ``(F) documentation of the total cost of the project in order to comply with the limitation under subsection (b)(4)(B). ``(e) Additional Rules.--For purposes of this section-- ``(1) No double benefit.-- ``(A) In general.--With respect to any residence, no credit shall be allowed under this section for any taxable year in which the taxpayer claims a credit under section 25C. ``(B) Renewable energy systems and appliances.--In the case of a renewable energy system or appliance that qualifies for another credit under this chapter, the resulting reduction in energy use shall not be taken into account in determining the percentage energy use reductions under subsection (b). ``(C) No double benefit for certain expenditures.-- The term `qualified home energy efficiency expenditures' shall not include any expenditure for which a deduction or credit is claimed by the taxpayer under this chapter for the taxable year or with respect to which the taxpayer receives any Federal energy efficiency rebate. ``(2) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(3) Special rules.--Rules similar to the rules under paragraphs (4), (5), (6), (7), and (8) of section 25D(e) and section 25C(e)(2) shall apply, as determined by the Secretary, after consultation with the Secretary of Energy. ``(4) Basis adjustments.--For purposes of this subtitle, if a credit is allowed under this section with respect to any expenditure with respect to any property, the increase in the basis of such property which would (but for this paragraph) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(5) Election not to claim credit.--No credit shall be determined under subsection (a) for the taxable year if the taxpayer elects not to have subsection (a) apply to such taxable year. ``(6) Multiple year retrofits.--If the taxpayer has claimed a credit under this section in a previous taxable year, the baseline energy use for the calculation of reduced energy use must be established after the previous retrofit has been placed in service. ``(f) Termination.--This section shall not apply with respect to any costs paid or incurred after December 31, 2016. ``(g) Secretary Review.--The Secretary, after consultation with the Secretary of Energy, shall establish a review process for the retrofits performed, including an estimate of the usage of the credit and a statistically valid analysis of the average actual energy use reductions, utilizing utility bill data collected on a voluntary basis, and report to Congress not later than June 30, 2014, any findings and recommendations for-- ``(1) improvements to the effectiveness of the credit under this section, and ``(2) expansion of the credit under this section to rental units.''. (b) Conforming Amendments.-- (1) Section 1016(a) is amended-- (A) by striking ``and'' at the end of paragraph (36), (B) by striking the period at the end of paragraph (37) and inserting ``, and'', and (C) by adding at the end the following new paragraph: ``(38) to the extent provided in section 25E(e)(4), in the case of amounts with respect to which a credit has been allowed under section 25E.''. (2) Section 6501(m) is amended by inserting ``25E(e)(5),'' after ``section''. (3) The table of sections for subpart A of part IV of subchapter A chapter 1 is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Performance based energy improvements.''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred for a qualified whole home energy efficiency retrofit placed in service after December 31, 2011.

Summary: Cut Energy Bills at Home Act - Amends the Internal Revenue Code to allow individual taxpayers a tax credit for the cost of a qualified whole home energy efficiency retrofit for the purpose of reducing the energy use of the taxpayer's principal residence. Limits the amount of such credit to the lesser of $5,000 or 30% of the qualified home energy efficiency expenditures paid by the taxpayer to reduce residential energy use. Sets forth requirements for a qualified whole home energy efficiency retrofit, including design, testing, and documentation requirements. Terminates such credit after 2016. Directs the Secretary of the Treasury to establish a review process for home energy efficiency retrofits, including an estimate of usage of the tax credit and an analysis of the average actual energy use reductions.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Asset Forfeiture Responsibility Act of 2011''. SEC. 2. PURPOSE. The purpose of this Act is to strengthen and improve monitoring in the fisheries across the United States. SEC. 3. FISHERIES INVESTMENT FUND. (a) Establishment.--There is established in the general fund of the Treasury a separate account, which shall be known as the ``Fisheries Investment Fund''. (b) Source of Funds.-- (1) In general.--All sums received by the United States as fines, penalties, and forfeitures of property for violations of any provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) or any other marine resource law enforced by the Secretary of Commerce shall be deposited into the Fisheries Investment Fund. (2) Availability of funds.--Fees deposited in the Fisheries Investment Fund State shall remain available until expended. (c) Use of Funds.--Fees deposited in the Fisheries Investment Fund shall be used-- (1) subject to subsection (d), to reimburse reasonable attorneys' fees to a covered person; and (2) to conduct-- (A) the audit required by subsection (e); (B) enforcement activities as described in section 311(e)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(e)(1)), as amended by section 5; and (C) monitoring activities as described in subsection (l) of section 305 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(l)), as added by section 4. (d) Reimbursement of Attorneys' Fees.-- (1) Authority to provide reimbursement.--During fiscal years 2012 and 2013, the Secretary of Commerce may reimburse the reasonable attorneys' fees of a covered person pursuant to subsection (c)(1). (2) Application.--A covered person seeking reimbursement under paragraph (1) shall submit to the Secretary an application for such reimbursement no more than 60 days after the date the Secretary directs a fisheries enforcement penalty be remitted to the covered person. (3) Definitions.--In this section: (A) Covered person.--The term ``covered person'' means any person-- (i) that the Secretary of Commerce has directed be remitted a fisheries enforcement penalty at the recommendation of the report of Special Master Swartwood; or (ii) that-- (I) submitted a complaint to the Special Master prior to May 7, 2011, seeking remittance of a fisheries enforcement penalty; and (II) the Secretary directs to receive such remittance or a portion of such remittance. (B) Reasonable attorneys' fees.--The term ``reasonable attorneys' fees'' means attorneys' fees expended by a covered person-- (i) seeking remittance of a fisheries enforcement penalty that the Secretary of Commerce directs be remitted to the covered person; (ii) that were incurred by the covered person prior to the date that is 60 days after such fisheries enforcement penalty was directed by the Secretary to be remitted to the covered person; and (iii) that the Secretary determines are reasonable. (e) Audit.--For each of the fiscal years 2012, 2013, and 2014, the Secretary of Commerce or the Secretary of the Treasury shall-- (1) prepare an annual audit plan for the Fisheries Investment Fund; (2) submit each such audit plan to the Inspector General of the Department of Commerce or the Inspector General of the Department of the Treasury, as appropriate; (3) carry out the audit; and (4) submit the final audit results to the Inspector General of the Department of Commerce or the Inspector General of the Department of the Treasury, as appropriate, upon completion. (f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to Secretary of Commerce from the Fisheries Investment Fund for each fiscal year beginning with fiscal year 2012-- (A) for the reimbursement of reasonable attorneys' fees pursuant to subsection (d), the amount necessary to provide such reimbursement; (B) for an audit required by subsection (e), the amount necessary to conduct such audit; (C) for enforcement activities described in section 311(e)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(e)(1)), as amended by section 5, an amount that is not more than 33 percent of the total remaining amount in the Fund; and (D) for monitoring activities described in subsection (l) of section 305 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855), as added by section 4, the total remaining amount in the Fund less any amount appropriated pursuant to the authorization in subparagraph (C). (2) Total remaining amount in the fund.--In this subsection, the term ``total remaining amount in the Fund'' means the following: (A) For fiscal years 2012, the amount received by the United States in fiscal year 2011 as fines, penalties, and forfeitures of property for violations of any provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) or any other marine resource law enforced by the Secretary of Commerce less-- (i) the amount necessary to provide reimbursement pursuant to paragraph (1)(A) for fiscal year 2012; and (ii) the amount necessary to conduct an audit pursuant to paragraph (1)(B) for fiscal year 2012. (B) For a fiscal year after 2012, the amount deposited in the Fisheries Investment Fund for the prior fiscal year less-- (i) the amount necessary to provide reimbursement pursuant to paragraph (1)(A) for the current fiscal year; and (ii) the amount necessary to conduct an audit pursuant to paragraph (1)(B) for the current fiscal year. SEC. 4. USE OF FUNDS FOR MONITORING. Section 305 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855) is amended by adding at the end the following new subsection: ``(l) Monitoring Activities.-- ``(1) In general.--The Secretary may pay from sums appropriated to the Secretary for monitoring activities from the Fisheries Investment Fund established under section 3(a) of the Asset Forfeiture Responsibility Act of 2011 monitoring activities selected by the Councils, including, in order of priority-- ``(A) at-sea observers and shoreside monitoring; ``(B) preparing fishery impact statements, as described in section 303(a)(9); and ``(C) other priorities established by a Council as necessary to rebuild or maintain sustainable fisheries, ensure healthy ecosystems, and maintain fishing communities. ``(2) Allocation of funds among councils.--For each fiscal year, the sums appropriated to the Secretary for monitoring activities from the Fisheries Investment Fund established under section 3(a) of the Asset Forfeiture Responsibility Act of 2011 and used to carry out monitoring activities under paragraph (1) shall be allocated among the Councils so that the proportion of such sums that a Council receives is equal to the proportion of the sums deposited in such Fund from violations occurring in the area over which that Council exercises fishery management jurisdiction.''. SEC. 5. USE OF FUNDS FOR ENFORCEMENT. (a) In General.--Section 311(e) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(e)) is amended-- (1) in paragraph (1)-- (A) by amendment the material preceding subparagraph (A) to read as follows: ``(1) The Secretary may pay from sums appropriated to the Secretary for enforcement activities from the Fisheries Investment Fund established under section 3(a) of the Asset Forfeiture Responsibility Act of 2011--''; and (B) by striking subparagraph (C); and (2) in paragraph (2), by moving such paragraph two ems to the left. (b) Conforming Amendment.--Section 311(f) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(f)) is amended by striking paragraph (4). SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act shall apply with respect to sums received on or after the date of the enactment of this Act.

Summary: Asset Forfeiture Responsibility Act of 2011 - Establishes the Fisheries Investment Fund as a separate account in the general fund of the Treasury where all sums received by the United States as fines, penalties, and forfeitures of property for violations of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) or any other marine resource law enforced by the Secretary of Commerce (Secretary) shall be deposited and remain available until expended. Directs that fees deposited in the Fund be used to: (1) reimburse reasonable attorneys' fees to a person that the Secretary has directed to be remitted a fisheries enforcement penalty as recommended in the report of Special Master Swartwood or a person that submitted a complaint to the Special Master prior to May 7, 2011, seeking remittance of a fisheries enforcement penalty and whom the Secretary directs to receive at least a portion of such remittance; and (2) conduct Fund audits and specified enforcement and monitoring activities under provisions of the Magnuson-Stevens Act amended by this Act. Authorizes the Secretary, during FY2012-FY2013, to reimburse reasonable attorneys' fees to such a person. Directs a person to apply for such reimbursement within 60 days after the Secretary directs a fisheries enforcement penalty be remitted to that person. Allows the Secretary to pay from sums appropriated from the Fund for monitoring activities selected by the Regional Fishery Management Councils, including at-sea observers and shoreside monitoring, preparing fishery impact statements, and other priorities established by a Council as necessary to rebuild or maintain sustainable fisheries, ensure healthy ecosystems, and maintain fishing communities. Removes a provision allowing expenses directly related to investigations and civil or criminal enforcement proceedings, including related expenses necessary for equipment, training, travel, witnesses, and contracting services, to be paid from sums received as fines, penalties, and forfeitures of property for violations of the Magnuson-Stevens Act or any other fishery resource law enforced by the Secretary. Authorizes certain other costs and enforcement expenses to be paid from sums appropriated from the Fund.