SECTION 1. SHORT TITLE. This Act may be cited as the ``National Center for Excellence in Research and Development Act of 1994''. SEC. 2. FINDINGS. The Congress finds the following: (1) Due to the end of the Cold War, the United States has not recently conducted underground nuclear testing at the Department of Energy facility known as the Nevada Test Site, Nevada, and the United States does not plan to conduct such testing in the foreseeable future. (2) Because the world political situation is ever-changing and dangerous, it is imperative that the United States remain strong militarily and continue to be a nuclear superpower. (3) It is imperative that the Nevada Test Site be maintained in a full state of readiness to ensure the capability of the nuclear arsenal of the United States. (4) The Nevada Test Site is in a beneficial location for activities suitable for research and development of emerging technologies that will be important to the United States in the 21st century. (5) Technology development carried out at the Nevada Test Site should include both private-sector and military projects. (6) The Nevada Test Site can support the stewardship of the Nation's nuclear weapons stockpile, the nonproliferation of nuclear weapons, and the technological competitiveness of the United States by providing the environment for nuclear and non- nuclear test and demonstration experiments and projects for government, industry, and academia. (7) The Nevada Test Site can provide the infrastructure to support industrial and civilian tests of environmentally demanding projects and programs. (8) The Nevada Test Site can support the testing and demonstration of environmental clean-up technologies by government and industry. (9) The Nevada Test Site can support the testing of alternative and renewable energy sources for environmentally clean and economically competitive replacements for traditional fossil energy sources and uses in many parts of Nevada and in the United States as a whole. (10) The Nevada Test Site can provide support for disarmament activities such as the demonstration of rocket motor destruction technology and conventional munitions destruction technology. (11) The Nevada Test Site can support non-proliferation experiments in disablement, nuclear forensics, sensors, and verification and monitoring. (12) The Nevada Test Site can support treaty-compliant experiments for stockpile stewardship purposes. (13) The size and remoteness of the Nevada Test Site make the Nevada Test Site well-suited for a multitude of activities associated with the restructuring of the United States military. SEC. 3. PURPOSES. It is the purpose of this Act-- (1) to ensure full operational readiness of the underground nuclear testing facilities and infrastructure of the Nevada Test Site; (2) to ensure an appropriate level of funds for such readiness to be maintained; (3) to create a National Test and Demonstration Center of Excellence at the Nevada Test Site for the promotion of disarmament, demilitarization, alternative and renewable energy sources, the nonproliferation of nuclear weapons, sensor development, and environmentally sensitive technologies; and (4) to ensure the availability of the Nevada Test Site, within appropriate restrictions, for use by private-sector industries seeking to make use of the inherent qualities that make the Nevada Test Site the greatest outdoor laboratory in the world. SEC. 4. MAINTENANCE OF READINESS CAPABILITY OF NEVADA TEST SITE. (a) Authorization of Appropriations.-- (1) In general.--The amount referred to in paragraph (2) is hereby authorized to be appropriated to the Secretary of Energy for fiscal year 1995 and each fiscal year thereafter to maintain the operational readiness of the underground nuclear testing facilities and infrastructure of the Nevada Test Site. (2) Authorized amount.--The amount referred to in paragraph (1) is not less than the amount appropriated to the Secretary of Energy for fiscal year 1992 to maintain the operational readiness of the underground nuclear testing facilities and infrastructure of the Nevada Test Site. (b) Staffing Levels.--During fiscal year 1995 and each fiscal year thereafter, the Secretary of Energy shall maintain a staffing level at the Nevada Test Site that the Secretary considers sufficient to carry out activities under this Act in addition to any other activities conducted by the Department of Energy at the Nevada Test Site. (c) Infrastructure Assessments and Activities.--The Secretary of Energy, through the Nevada Test Site Operations Office, shall carry out any infrastructure assessments and activities necessary to accommodate new projects and initiatives at the Nevada Test Site. SEC. 5. NATIONAL TEST AND DEMONSTRATION CENTER OF EXCELLENCE. (a) Establishment.--There is hereby established within the Department of Energy a National Test and Demonstration Center of Excellence (hereafter in this Act referred to as the ``Center''), to be located at the Nevada Test Site, Nevada. (b) Purpose.--It shall be the purpose of the Center to promote disarmament, demilitarization, alternative and renewable energy sources, the nonproliferation of nuclear weapons, sensor development, and environmentally sensitive technologies. (c) Activities Related to Alternative and Renewable Energy Sources.--The Center shall carry out the following testing and demonstration activities that are related to alternative and renewable energy sources: (1) The characterization of solar and geothermal resources at the Nevada Test Site. (2) The development of alternative and renewable energy sources, including, as a goal of the Center, the development and completion of two 100-megawatt solar power plants by the year 2000. (3) The conduct of a National Alternative-Fueled Vehicles Program, the objective of which shall be to demonstrate the regional use of natural gas, electricity, and hydrogen as vehicle fuels. (d) Activities Related to Disarmament and Demilitarization.--The Center shall carry out testing and demonstration activities that are related to changes occurring in United States military as a result of the end of the Cold War, including activities-- (1) that involve the demilitarization of large rocket motor and conventional ordnance; (2) that assist in disarmament and demilitarization, generally; and (3) that test and demonstrate the nonmilitary application of technologies and resources the military application of which has decreased or otherwise changed due to disarmament and demilitarization. (e) Activities Related to Nuclear Stockpile Stewardship.--The Center shall carry out testing and demonstration activities related to the stewardship of the nuclear stockpile of the United States. Such activities shall include-- (1) the conduct of experiments that assist in monitoring compliance with international agreements on the nonproliferation of nuclear weapons; (2) the provision of support to the Department of Energy nuclear weapons complex; (3) the conduct of programs for the Department of Energy and the Department of Defense to develop simulator technologies for nuclear weapons design and effects, including advanced hydrodynamic simulators, inertial confinement fusion test facilities, and nuclear weapons effects simulators (such as the Decade and Jupiter simulators); and (4) the conduct of the stockpile stewardship program established pursuant to section 3138 of the National Defense Authorization Act for Fiscal Year 1994 (107 Stat. 1946; Public Law 103-160). (f) Activities Related to Nonproliferation.--The Center shall carry out experiments related to the non-proliferation of nuclear weapons, including experiments with respect to disablement, nuclear forensics, sensors, and verification and monitoring. (g) Activities Related to Environmental Technologies.--The Center shall carry out testing and demonstration activities related to the development of environmental technologies, including-- (1) the demonstration of technologies concerning the remediation of toxic and hazardous chemicals; and (2) the conduct of training activities pertaining to emergency response to hazardous and toxic accidents and emergencies. (h) Other Activities.--The Center may carry out the testing and demonstration of any other technology which, in the determination of the Secretary of Energy, is appropriate for testing and demonstration at the Nevada Test Site. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Except as provided in section 4, there is hereby authorized to be appropriated to the Secretary of Energy for fiscal year 1995 such sums as may be necessary to carry out this Act.

Summary: National Center for Excellence in Research and Development Act of 1994 - Authorizes appropriations to maintain the readiness capability of the underground Nevada Test Site. Establishes within the Department of Energy a National Test and Demonstration Center of Excellence to be located at such Site. Directs the Center to carry out activities related to: (1) alternative and renewable energy sources; (2) nuclear stockpile stewardship; (3) disarmament and demilitarization; (4) nonproliferation; and (5) environmental technologies. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Health Documentation and Program Improvement Act of 2015''. SEC. 2. DEVELOPMENT OF A SINGLE FORM OR DOCUMENT TO SATISFY THE HOME HEALTH CERTIFICATION REQUIREMENT. (a) Part A.--Section 1814 of the Social Security Act (42 U.S.C. 1395f) is amended-- (1) in subsection (a)(2)(C), by striking ``has had a face- to-face encounter'' and inserting ``has, subject to subsection (m), had a face-to-face encounter''; and (2) by adding at the end the following new subsection: ``(m) Implementation of Requirement for Certification for Home Health Services.-- ``(1) In general.--The Secretary shall develop a single form or document to be used by a physician to satisfy the documentation requirements necessary to fulfill the requirement of a face-to-face encounter and other criteria for home health eligibility under subsection (a)(2)(C) (otherwise known as the certification for home health services). ``(2) Stakeholder input.--In developing the form or document under paragraph (1), the Secretary shall seek input from stakeholders, including physicians and other non-physician providers (such as nurse practitioners or clinical nurse specialists (as those terms are defined in section 1861(aa)(5))), home health agencies, hospitals, patients or representatives of patients, and other entities (such as electronic medical record vendors) the Secretary determines appropriate. The Secretary shall provide the opportunity for such stakeholders to offer input on the form or document during its initial development as well as the opportunity to make comments on a proposed version prior to its finalization. The Secretary shall also set up a process to educate physicians and non-physicians on how to appropriately fulfill the requirements related to the form or document in this section prior to implementation. ``(3) Content of form.--The Secretary shall accept the following content as documentation of an individual's eligibility for home health services: ``(A) With respect to the face-to-face encounter requirement, the date of the encounter. ``(B) With respect to homebound status, a statement that provides the clinical basis for why the individual is determined to be confined to the home. ``(C) With respect to the need for skilled services, a selection, via checkbox, of the types of skilled services required by the individual and a statement with the clinical basis for each type of skilled service ordered. ``(4) Deemed satisfaction of requirements.--The Secretary shall, through guidance, allow the requirement for documentation of a face-to-face encounter and other criteria for home health eligibility under subsection (a)(2)(C) to be deemed satisfied with respect to an individual if a home health agency completes the form or document under paragraph (1) and the ordering physician signs or attests to the contents of the form or document. ``(5) Exception to face-to-face encounter requirement.--The Secretary shall waive the requirement for a face-to-face encounter under subsection (a)(2)(C) related to home health services provided to an individual if the individual has been discharged from a hospital (including from the emergency department) or skilled nursing facility within 14 days prior to the initiation of such home health services. ``(6) Guidance to contractors.-- ``(A) In general.--The Secretary shall provide notification, guidance, and education regarding the application of the form or document under paragraph (1) as it pertains to satisfying the documentation requirements for home health services under subsection (a)(2)(C) to medicare administrative contractors (as defined in section 1874A), recovery audit contractors (as defined in section 1893(h)), and any other entity which the Secretary determines appropriate. ``(B) National applicability.--The Secretary shall ensure that all medicare administrative contractors, recovery audit contractors, and any other entity which the Secretary determines appropriate apply the guidance under this paragraph in a nationally consistent and uniform manner and that all audit activities, policies, and practices regarding documentation for home health services are likewise applied in a nationally consistent and uniform manner. ``(C) Study.--Not later than 18 months after the date of the enactment of this paragraph, the Secretary shall submit to Congress a report on-- ``(i) the adherence of medicare administrative contractors, recovery audit contractors, and any other entity which the Secretary determines appropriate to nationally consistent and uniform audit activities, policies, and practices as described in subparagraph (B); and ``(ii) the rate of appeals for denial of payment based solely on the face-to-face encounter requirements for home health services under this section and the rate of such appeals that are ultimately successful.''. (b) Part B.--Section 1835 of the Social Security Act (42 U.S.C. 1395n) is amended-- (1) in subsection (a)(2)(A), by striking ``has had a face- to-face encounter'' and inserting ``has, subject to subsection (f), had a face-to-face encounter''; and (2) by adding at the end the following new subsection: ``(f) Application of Documentation, Guidance, and Treatment of Certain Home Health Claims Provisions Under Part A.--The provisions of section 1814(m) shall apply with respect to the application of documentation requirements for home health services under subsection (a)(2)(A) in the same manner as such provisions apply with respect to the application of the documentation requirements for home health services under section 1814(a)(2)(C).''. SEC. 3. EFFECTIVE DATE; TREATMENT OF CERTAIN HOME HEALTH CLAIMS. (a) Effective Date.--The amendments made by section 2 shall apply with respect to home health services furnished on or after October 1, 2016. (b) Treatment of Certain Home Health Claims.-- (1) Denied claims.-- (A) In general.--Not later than 12 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall-- (i) through guidance, develop and implement processes to open and review claims that were denied on or after January 1, 2011, and before the date of the enactment of this Act, due solely to the face-to-face documentation requirements under section 1814(a)(2)(C) of the Social Security Act (42 U.S.C. 1395f(a)(2)(C)) or section 1835(a)(2)(A) of such Act (42 U.S.C. 1395f(a)(2)(A)); and (ii) issue revised decisions of such denials as if the narrative requirements of section 424.22(v) of title 42, Code of Federal Regulations, did not apply at the time such services were furnished. (B) Settlement agreements for denied claims.--In addition to the processes under subparagraph (A), not later than 60 days after the date of the enactment of this Act, the Secretary shall establish a voluntary process for home health agencies to enter into a settlement agreement with the Secretary of Health and Human Services in lieu of reprocessing claims for payment which are required to be paid by reason of subparagraph (A)(ii). (2) Other claims.--In the case of a claim for home health services furnished on or after January 1, 2011, and before October 1, 2016, that is not described in paragraph (1)(A), such claim shall be determined and processed as if the narrative requirements of section 424.22(v) of title 42, Code of Federal Regulations, did not apply at the time such services were furnished.

Summary: Home Health Documentation and Program Improvement Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to direct the Department of Health and Human Services (HHS) to: develop a single form or document to be used by a physician to satisfy the documentation requirements necessary to fulfill the requirement of a face-to-face encounter and other criteria for home health eligibility (otherwise known as the certification for home health services); and notify and provide guidance and education to Medicare administrative contractors, recovery audit contractors, and any other appropriate entity regarding application of the form or document to such documentation requirements. HHS shall also: develop and implement processes to open and review claims denied on or after January 1, 2011, and before enactment of this Act, due solely to the face-to-face documentation requirements; issue revised decisions of such denials as if the requirements of related regulations did not apply at the time such services were furnished; and establish a voluntary process for home health agencies to enter into a settlement agreement with HHS in lieu of reprocessing claims whose payment this bill now requires.


SECTION 1. SHORT TITLE. This Act may be cited as the ``State Health Care Flexibility Act of 2011''. SEC. 2. SEVERABILITY. If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this Act and the application of the provision to any other person not similarly situated or to any other circumstance shall not be affected. SEC. 3. PERMITTING STATES TO OPT OUT OF CERTAIN PROVISIONS OF PPACA. (a) In General.--A qualifying State may elect to opt out of the application of any or all of the provisions of the Patient Protection and Affordable Care Act (Public Law 111-148) described in subsection (b) with respect to health insurance coverage within such State. (b) Provisions Described.--For purposes of this Act: (1) In general.--A provision of the Patient Protection and Affordable Care Act described in this subsection is any section of such Act described in paragraph (2) or any grouping of provisions of such Act described in a subparagraph of paragraph (3). (2) Sections relating to phsa health insurance market reforms and immediate reforms.--A section described in this paragraph is any section of subtitles A through C of title I of the Patient Protection and Affordable Care Act (and the amendments made by such section), except for sections 1253 and 1254. (3) Groupings of other ppaca provisions.--A grouping of provisions of the Patient Protection and Affordable Care Act is any of the following: (A) All of the sections of parts I, II, III, and V of subtitle D of title I of such Act (and the amendments made by such sections). (B) All of the sections of part I of subtitle E of title I of such Act (and the amendments made by such sections). (C) All of the sections of subtitle F of title I of such Act (and the amendments made by such sections). (D) Requirements imposed pursuant to section 3021(c)(2) of the Public Health Service Act (42 U.S.C. 300jj-51(c)(2)), as added by section 1561 of the Patient Protection and Affordable Care Act. (E) All of the sections of subtitle A of title II of the Patient Protection and Affordable Care Act, except for section 2007, and all of the sections of subtitle C of such title (and the amendments made by such sections). (c) Qualifying State.-- (1) Enactment of state law.--For purposes of this section, the term ``qualifying State'' means a State that-- (A) enacts a law after the date of enactment of this Act that-- (i) expresses the intent of the State to opt out of any or all of the provisions of the Patient Protection and Affordable Care Act (Public Law 111-148) described in subsection (b); (ii) contains a list of each such provision; and (iii) expresses the intent of the State to continue to administer health coverage-related laws as in effect in the State on March 22, 2010, or that provides for the implementation of related State laws enacted after such date; and (B) provides to the Secretary of Health and Human Services and the Secretary of the Treasury a notification that such State law was enacted. (2) Repeal.--If a qualifying State repeals a law described in paragraph (1), the provisions of the Patient Protection and Affordable Care Act listed in such law shall apply with respect to such State beginning on the date of such repeal. (d) Preserving Existing State Law Opt Outs.--Nothing in this Act shall be construed as affecting any State law enacted before the date of the enactment of this Act relating to the State opting out of the application of any provision of the Patient Protection and Affordable Care Act. (e) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury, shall promulgate regulations to provide for the implementation of this Act. (f) Effective Date.--The provisions of this section shall be effective and shall apply to a State as of the date of the enactment of this Act, without regard to whether regulations described in subsection (e) have been promulgated.

Summary: State Health Care Flexibility Act of 2011 - Authorizes a state to opt out of the application of certain provisions of the Patient Protection and Affordable Care Act (PPACA) with respect to health insurance coverage within the state by: (1) enacting a law that expresses the intent of the state to opt out of any or all of such provisions, lists such provisions, and expresses the intent of the state to continue to administer health care coverage-related laws as in effect in the state on March 22, 2010, or provides for the implementation of related state laws enacted after such date; and (2) notifying the Secretary of Health and Human Services (HHS) and the Secretary of the Treasury that such a state law was enacted. Includes among PPACA provisions that may be made inapplicable within a state provisions related to health coverage, essential health benefits, health insurance exchanges, alternative health plans established by states, individual and employer health coverage requirements, interoperable protocols for enrollment in federal and state health and human service programs, and expansion of Medicaid coverage.


SECTION 1. SHORT TITLE. This Act may be cited as the ``School Desegregation Litigation Reform Act of 1996''. SEC. 2. APPROPRIATE REMEDIES IN SCHOOL CASES. (a) In General.--Section 213 of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1712) is amended to read as follows: ``Sec. 213. Appropriate remedies in school cases ``(a) Requirements for Relief.-- ``(1) Prospective relief.--(A) A Federal court shall not have jurisdiction to award prospective relief in any civil action with respect to the operation of public schools that extends further than necessary to remedy the violation of a Federal right of a plaintiff. ``(B) A Federal court shall not have jurisdiction to grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to remedy the violation of the Federal right, and is the least intrusive means necessary to remedy the violation of the Federal right. ``(C) A Federal court shall not have jurisdiction to order any prospective relief that requires or permits a government official to exceed authority under State or local law or otherwise violates State or local law, unless-- ``(i) Federal law requires such relief to be ordered in violation of State or local law; ``(ii) the relief is necessary to remedy a violation of a Federal right; and ``(iii) no other relief will remedy the violation of a Federal right. ``(D) Nothing in this section shall be construed to authorize a Federal court, in exercising its remedial powers, to order the assignment of students to particular schools on the basis of race, color, or national origin, to order the raising of taxes, or to repeal, or make less restrictive from otherwise applicable limitations, the remedial powers of the courts. ``(2) Student assignment orders.--(A) In any civil action with respect to the operation of public schools, a Federal court shall not have jurisdiction to enter a student assignment order unless-- ``(i) a Federal court has previously entered an order for less intrusive relief that has failed to remedy the violation of the Federal right sought to be remedied through the student assignment order; and ``(ii) the defendant has had a reasonable time to comply with the previous court order. ``(B)(i) In any civil action with respect to the operation of the public schools, a student assignment order shall be entered only by a three-judge court in accordance with section 2284 of title 28, United States Code. ``(C) A party seeking a student assignment order in a Federal court shall file with any request for such relief, a request for a three-judge court and materials sufficient to demonstrate that the requirements of subparagraph (a) have been met. ``(D) The three-judge court shall enter a student assignment order only if the court finds by clear and convincing evidence that-- ``(i) the requirements of subparagraph (a) have been met; and ``(ii) no other relief will remedy the violation of the Federal right. ``(b) Termination of Relief.-- ``(1) Termination of prospective relief.--(A) Subject to the limitation set forth in paragraph (3), in any civil action with respect to the operation of the public schools in which prospective relief is ordered, such relief shall be terminated upon the motion of any party or intervenor-- ``(i) 2 years after the date the court granted or approved the prospective relief; or ``(ii) 1 year after the date the court has entered an order denying termination of prospective relief under this paragraph. ``(B) Nothing in this section shall prevent the parties from agreeing to terminate or modify relief before the relief is terminable under subparagraph (A). ``(2) Immediate termination of prospective relief.--In any civil action with respect to the operation of the public schools, a defendant or intervenor shall be entitled to the immediate termination of any prospective relief if the relief was approved or granted in the absence of a finding by the court that the relief is narrowly drawn, extends no further than necessary to remedy the violation of the Federal right, and is the least intrusive means necessary to remedy the violation of the Federal right. ``(3) Limitation.--(A) Prospective relief shall not terminate if the court previously entered the prospective relief after finding it necessary to remedy a violation of a Federal right and the plaintiff establishes by a preponderance of the evidence that prospective relief remains necessary to remedy a current and ongoing violation of that Federal right. The court shall not permit discovery. ``(B) Nothing in this section shall prevent any plaintiff from bringing a new civil action with respect to the operation of the public schools against a party to a pending civil action with respect to the operation of the public schools for a new violation of a Federal right, or obtaining prospective relief consistent with the provisions of this section for such a new violation. If a new action is brought in Federal court, it shall not be heard by any judge who has previously entered an order for prospective relief in a civil action that has been in effect for longer than 2 years with respect to the operation of the public schools. ``(4) Termination or modification of relief.--Nothing in this section shall prevent any party or intervenor from seeking modification or termination before the relief is terminable under paragraph (1) or (2), to the extent that modification or termination would otherwise be legally permissible. ``(c) Settlements.-- ``(1) Consent decrees.--In any civil action with respect to the operation of public schools, a Federal court shall not have jurisdiction to enter or approve a consent decree unless it complies with the limitations on relief set forth in subsection (a). ``(2) Private settlement agreements.--Nothing in this section shall preclude parties from entering into a private settlement agreement that does not comply with the limitations on relief set forth in subsection (a). ``(d) Procedure for Motions Affecting Prospective Relief.--The court shall promptly rule on any motion to modify or terminate prospective relief in a civil action with respect to the operation of the public schools. ``(e) Special Masters.--In any civil action with respect to the operation of public schools-- ``(1) In general.--(A) The court may appoint a special master who shall be disinterested and objective to conduct hearings on the record and prepare proposed findings of fact. ``(B) The court shall appoint a special master during the remedial phase of the action only upon a finding that the remedial phase will be sufficiently complex to warrant the appointment. ``(2) Appointment.--(A) If the court determines that the appointment of a special master is necessary, the court shall request that the defendant and the plaintiff each submit a list of not more than 5 persons to serve as a special master. ``(B) Each party shall have the opportunity to remove up to 3 persons from the opposing party's list. ``(C) The court shall select the master from the persons remaining on the list after the application of subparagraph (B). ``(D) If the court determines that the persons remaining on the list are not qualified to serve as special master, the court may appoint a person not on the list with the consent of all parties. ``(3) Interlocutory appeal.--Any party shall have the right to an interlocutory appeal of the judge's selection of the special master, on the ground of partiality. ``(4) Compensation.--The compensation to be allowed to a special master shall be based on an hourly rate not greater than the hourly rate established under section 3006A of title 18 for payment of court-appointed counsel, plus costs reasonably incurred by the special master. Such compensation and costs shall be paid with funds appropriated to the judiciary. In no event shall the court require the parties to pay the compensation or costs of the special master. ``(5) Regular review of appointment.--The court shall review the appointment of the special master every 6 months to determine whether the services of the special master continue to be required under paragraph (1). In no event shall the appointment of a special master extend beyond the termination of the relief. ``(6) Limitations on powers and duties.--A special master appointed in any civil action with respect to the operation of public schools-- ``(A) may be authorized by a court to conduct hearings on the record and shall make any findings of fact based on the record as a whole; ``(B) shall not make any findings or communications ex parte; and ``(C) may be removed at any time, but shall be relieved of the appointment upon the termination of relief. ``(7) The requirements of paragraphs (1) through (4) shall apply only to special masters appointed after the date of enactment of School Desegregation Litigation Reform Act of 1996. ``(f) Intervention.--In any civil action with respect to the operation of public schools, any State or local official or unit of government whose jurisdiction includes the appropriation of funds for, or the operation of, public schools shall have standing to oppose the imposition or continuation in effect of prospective relief and to seek termination of such relief, and shall have the right to intervene in any proceeding relating to such relief. ``(g) Definitions.--As used in this section-- ``(1) the term `consent decree' means any relief entered by the court that is based in whole or in part upon the consent or acquiescence of the parties, but does not include private settlement agreements; ``(2) the term `civil action with respect to the operation of public schools' means any civil proceeding arising under Federal law with respect to the operation of any public school system by any State or local government that alleges that the public school system has been or is being operated in violation of the 5th or 14th amendment rights or any other provision of Federal law that guarantees equal educational opportunity; ``(3) the term `student assignment order' includes any order, including a temporary restraining order or preliminary injunctive relief, that has the purpose or effect of directing or regulating the particular public school to which students are assigned to attend; ``(4) the term `private settlement agreement' means an agreement entered into among the parties that is not subject to judicial enforcement other than the reinstatement of the civil proceeding that was concluded as a result of the agreement entering into force; ``(5) the term `prospective relief' means all relief other than compensatory monetary damages, including the appointment of a special master; ``(6) the term `special master' means any person appointed by a Federal court pursuant to rule 53 of the Federal Rules of Civil Procedure or pursuant to any power of the court to exercise the powers of a master, regardless of the title or description given by the court; ``(7) the term `relief' means all relief in any form that may be ordered or approved by the court, and includes consent decrees but does not include private settlement agreements; and ``(8) the term `violation of a Federal right' includes a violation of a Federal constitutional or Federal statutory right, but does not include a violation of a court order that is not independently a violation of a Federal constitutional or Federal statutory right.''. (b) Application of Amendment.--Section 213 of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1712), as amended by this section, shall apply with respect to all prospective relief whether such relief was originally ordered or approved before, on, or after the date of the enactment of this Act. SEC. 3. DENIAL OF EQUAL EDUCATIONAL OPPORTUNITY PROHIBITED. Section 204 of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1703) is amended to read as follows: ``Sec. 204. Denial of equal educational opportunity prohibited ``No State shall deny equal educational opportunity to an individual on account of race, color, or national origin, by-- ``(1) the intentional segregation by an educational agency of students on the basis of race, color, or national origin among or within schools; ``(2) the assignment or transfer by the State, the courts of any State, any educational agency or official thereof, or any Federal agency or official thereof of a student to a school, other than the one closest to the place of residence within the school district in which the student resides, if the assignment was made on the basis of race, color, or national origin, of students among schools in the school district, including assignments made for the purpose of attaining a balance on the basis of race, color, or national origin, unless-- ``(A) such assignment is necessary to remedy the violation of a Federal right (as defined in section 213(g)(8)); and ``(B) there are no other means for remedying the violation of the Federal right; or ``(3) the modification of the lines drawn by the State, subdividing its territory into separate school districts, if the modification was made for the purpose of attaining a balance, on the basis of race, color, or national origin, of students among public schools, unless-- ``(A) such assignment is necessary to remedy the violation of a Federal right (as defined in section 213(g)(8)); and ``(B) there are no other means for remedying the violation of the Federal right.''. SEC. 4. CONFORMING AMENDMENTS. (a) Policy.--Section 202 of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1701) is amended-- (1) in subsection (a), by striking ``(a) The'' and inserting ``The''; and (2) by striking subsection (b). (b) Findings.--Section 203(b) of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1702) is amended in subsection (b) by striking ``elimination of the vestiges of dual school systems, except that the provisions of this title are not intended to modify or diminish the authority of the courts of the United States to enforce fully the fifth and fourteenth amendments to the Constitution of the United States.'', and inserting ``denial of equal educational opportunity, limit the jurisdiction of the Federal courts over the operations of public schools, and prohibit the use of race, color, or national origin as a basis for making school assignments.''. (c) Civil Actions.--Section 207 of the Equal Educational Opportunities Act of 1974 (20 U.S.C. 1706) is amended by-- (1) inserting ``or a school district in which such an individual resides on behalf of such an individual, or any State or local official or unit of government whose jurisdiction includes the appropriation of funds for, or the operation of, a school district in which such an individual resides on behalf of such an individual,'' after ``this part'' in the first sentence; and (2) striking ``institute a civil action'', and inserting ``institute or intervene in a civil action''. (d) Sections 214, 215, 216, 217, and 219 of the Equal Educational Opportunities Act of 1974 are repealed.

Summary: School Desegregation Litigation Reform Act of 1996 - Amends the Equal Educational Opportunities Act of 1974 with respect to remedies in school cases. Sets forth requirements for relief in such cases. Revises prohibitions against State denial of equal educational opportunity. Allows school districts and State and local governments to institute civil actions on behalf of individuals denied equal educational opportunity. Authorizes the Attorney General to intervene in (as well as institute) such civil actions.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Empower Low-income Parents (HELP) Scholarships Amendments of 1997''. SEC. 2. DEFINITIONS. Section 6003 of the Elementary and Secondary Education Act of 1965 is amended-- (1) in the section heading by striking ``definition'' and inserting ``definitions''; (2) by striking ``(1)'', ``(2)'', and ``(3)''; (3) in the matter proceeding subparagraph (A), by striking `` title the term'' and inserting the following: ``title-- ``(1) the term''; (4) by striking the period at the end; and (5) by adding at the end the following: ``(2) the term `poverty line' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family of the size involved; and ``(3) the term `voluntary public and private parental choice program' means a program that meets the requirements of section 6301(b)(9), is authorized by State law, and includes 1 or more private schools to allow low-income parents to choose the appropriate school for their children.''. SEC. 3. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES. Section 6102(a) of the Elementary and Secondary Education Act of 1965 is amended to read as follows: ``(a) Distribution Rule.-- ``(1) In general.--Except as provided in paragraph (2), from the sums made available each year to carry out this title, the State educational agency shall distribute not less than 90 percent to local educational agencies within such State according to the relative enrollments in public and private, nonprofit schools within the school districts of such agencies, adjusted, in accordance with criteria approved by the Secretary, to provide higher per pupil allocations to local educational agencies which have the greatest numbers or percentages of children whose education imposes a higher than average cost per child, such as-- ``(A) children living in areas with high concentrations of low-income families; ``(B) children from low-income families; and ``(C) children living in sparsely populated areas. ``(2) Exception.--A State that has enacted or will enact a law that establishes a voluntary public and private parental choice program and that complies with the provisions of section 6301(b)(9) may reserve an additional 15 percent from the sums made available each year to carry out this title if the additional amount reserved is used exclusively for voluntary public and private parental choice programs.''. SEC. 4. USES OF FUNDS. (a) State Uses of Funds.--Section 6201(a)(1) of the Elementary and Secondary Education Act of 1965 is amended-- (1) in subparagraph (C), by striking ``and'' after the semicolon; (2) by inserting after subparagraph (C) the following: ``(D) establishing voluntary public and private parental choice programs in accordance with section 6301(b)(9); and''. (b) Local Uses of Funds.--Section 6301(b) of the Elementary and Secondary Education Act of 1965 is amended-- (1) in paragraph (7), by striking ``and'' after the semicolon; (2) in paragraph (8), by striking the period and inserting ``; and''; and (3) by inserting after paragraph (8) the following: ``(9) voluntary public and private parental choice programs that-- ``(A) are located in an area that has the greatest numbers or percentages of children-- ``(i) living in areas with a high concentration of low-income families; ``(ii) from low-income families; or ``(iii) living in sparsely populated areas; ``(B) ensure that participation in such a voluntary public and private parental choice program is limited to families whose family income does not exceed 185 percent of the poverty line; ``(C) ensure that-- ``(i) the maximum amount of a voluntary public and private parental choice scholarship does not exceed the per pupil expenditure of the local educational agency in which an applicant for a voluntary public and private parental choice scholarship resides; ``(ii) the minimum amount of a voluntary public and private parental choice scholarship is not less than 60 percent of the per pupil expenditure of the local educational agency in which an applicant for a voluntary public and private parental choice scholarship resides or the cost of tuition at a private school, whichever is less; ``(D) ensure that for a private school that chooses to participate in a voluntary public and private parental choice program-- ``(i) such a school is permitted to impose the same academic requirements for all students, including students selected for a scholarship as provided under this paragraph; ``(ii) receipt of funds under this title is not conditioned with requirements or regulations that preclude the use of such funds for sectarian educational purposes or require removal of religious art, icons, scripture, or other symbols; and ``(iii) such a school is in compliance with all State requirements applicable to the operation of a private school that are in effect in the year preceding the date of the enactment of the Helping Empower Low-income Parents (HELP) Scholarships Amendments of 1997; ``(E) may allow State, local, and private funds to be used for voluntary public and private parental choice programs; and ``(F) ensure priority for students who were enrolled in a public school in the school year preceding the school year in which a voluntary public and private parental choice school begins operation.''. SEC. 5. EVALUATION. Part D of title VI of the Elementary and Secondary Education Act of 1965 is amended-- (1) by adding at the end of section 6402 the following new subsection: ``(j) Application.--This section shall not apply to a State or local educational agency that uses funds to establish a voluntary public and private parental choice program in accordance with section 6301(b)(9).''; and (2) by adding at the end of such part the following new sections: ``SEC. 6404. EVALUATION. ``(a) Annual Evaluation.-- ``(1) Contract.--The Comptroller General of the United States shall enter into a contract, with an evaluating agency that has demonstrated experience in conducting evaluations, for the conduct of an ongoing rigorous evaluation of the programs established under section 6301(b)(9). ``(2) Annual evaluation requirement.--The contract described in paragraph (1) shall require the evaluating agency entering into such contract to evaluate annually each program established under section 6301(b)(9) in accordance with the evaluation criteria described in subsection (b). ``(3) Transmission.--The contract described in paragraph (1) shall require the evaluating agency entering into such contract to transmit to the Comptroller General of the United States the findings of each annual evaluation under paragraph (1). ``(b) Evaluation Criteria.--The Comptroller General of the United States, in consultation with the Secretary, shall establish minimum criteria for evaluating each program established under section 6301(b)(9). Such criteria shall provide for-- ``(1) a description of the implementation of each program established under section 6301(b)(9) and the program's effects on all participants, schools, and communities in the program area, with particular attention given to the effect of parent participation in the life of the school and the level of parental satisfaction with the program; and ``(2) a comparison of the educational achievement of all students in the program area, including a comparison between-- ``(A) students receiving a voluntary public and private parental choice scholarships under section 6301(b)(9); and ``(B) students not receiving a voluntary public and private parental choice scholarships under such section. ``(c) Evaluation Funds.--Pursuant to the authority provided under section 14701, the Secretary shall reserve not more than 0.50 percent of the amount of funds made available under section 6002 to carry out this section. ``SEC. 6405. APPLICABILITY. ``(a) Not School Aid.--Subject to subsection (b), funds used under this title to establish a voluntary public and private parental choice program shall be considered assistance to the student and shall not be considered as assistance to any school that chooses to participate in such program. ``(b) Not Income.--For purposes of Federal tax laws or for determining eligibility for any other Federal program, a voluntary public and private parental choice scholarship provided under this title shall not be treated as income or assistance to the student or the parents of such student. ``(c) No Federal Control.--The Secretary is not permitted to exercise any direction, supervision, or control over curricula, program of instruction, administration, or personnel of any school that chooses to participate in a voluntary public and private choice program established under 6309(b)(9).''.

Summary: Helping Empower Low-income Parents (HELP) Scholarships Amendments of 1997 - Amends title VI (Innovative Education Program Strategies) of the Elementary and Secondary Education Act of 1965 (ESEA) to allow any State that has enacted or will enact a law establishing a voluntary public and private school parental choice scholarship program in compliance with specified ESEA requirements to reserve an additional 15 percent from its annual title IV allotment for use exclusively for such parental choice programs. Requires State educational agencies, except in the case of such programs, to distribute 90 percent (currently 85 percent) of title VI funds to local educational agencies based on criteria which gives priority to low-income families and areas. Includes such parental choice programs among State and local uses of title VI funds. Requires such parental choice programs to be located in an area that has the greatest numbers or percentages of children: (1) living in areas with a high concentration of low-income families; (2) from low-income families; or (3) living in sparsely populated areas. Requires such programs to ensure that program participation is limited to families whose family income does not exceed 185 percent of the poverty line. Directs the Comptroller General to make contracts for annual evaluation of each parental choice program. Requires the Secretary of Education to reserve certain funds for such evaluations. Provides that title VI funds to establish a parental choice program shall be considered assistance to the student and shall not be considered as assistance to any school that chooses to participate in such program. Prohibits the Secretary from exercising any direction, supervision, or control over curricula, program of instruction, administration, or personnel of any school that chooses to participate in a parental choice program. Provides that, for purposes of Federal tax laws or for determining eligibility for any other Federal program, a parental choice scholarship shall not be treated as income or assistance to the student or parents.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Republic of the Marshall Islands Supplemental Nuclear Compensation Act of 2011''. SEC. 2. CONTINUED MONITORING ON RUNIT ISLAND. Section 103(f)(1) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921b(f)(1)) is amended-- (1) by striking ``Notwithstanding'' and inserting the following: ``(A) In general.--Notwithstanding''; and (2) by adding at the end the following: ``(B) Continued monitoring on runit island.-- ``(i) Cactus crater containment and groundwater monitoring.--Effective beginning January 1, 2008, the Secretary of Energy shall, as a part of the Marshall Islands program conducted under subparagraph (A), periodically (but not less frequently than every 4 years) conduct-- ``(I) a visual study of the concrete exterior of the Cactus Crater containment structure on Runit Island; and ``(II) a radiochemical analysis of the groundwater surrounding and in the Cactus Crater containment structure on Runit Island. ``(ii) Report.--The Secretary shall submit to the Committee on Energy and Natural Resources of the Senate, and the Committee on Natural Resources of the House of Representatives, a report that contains-- ``(I) a description of-- ``(aa) the results of each visual survey conducted under clause (i)(I); and ``(bb) the results of the radiochemical analysis conducted under clause (i)(II); and ``(II) a determination on whether the surveys and analyses indicate any significant change in the health risks to the people of Enewetak from the contaminants within the Cactus Crater containment structure. ``(iii) Funding for groundwater monitoring.--The Secretary of the Interior shall make available to the Department of Energy, Marshall Islands Program, from funds available for the Technical Assistance Program of the Office of Insular Affairs, the amounts necessary to conduct the radiochemical analysis of groundwater under clause(i)(II).''. SEC. 3. CLARIFICATION OF ELIGIBILITY UNDER ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000. (a) Definitions for Program Administration.--Section 3621 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l) is amended by adding at the end the following: ``(18) The terms `covered employee', `atomic weapons employee', and `Department of Energy contractor employee' (as defined in paragraphs (1), (3), and (11), respectively) include a citizen or national of the Republic of the Marshall Islands or the Federated States of Micronesia who is otherwise covered by that paragraph.''. (b) Definition of Covered DOE Contractor Employee.--Section 3671(1) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s(1)) is amended by inserting before the period at the end the following: ``, including a citizen or national of the Republic of the Marshall Islands or the Federated States of Micronesia who is otherwise covered by this paragraph''. (c) Offset of Benefits With Respect to the Compact of Free Association.--Subtitle C of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385 et seq.) is amended by inserting after section 3653 (42 U.S.C. 7385j-2) the following: ``SEC. 3654. OFFSET OF BENEFITS WITH RESPECT TO THE COMPACT OF FREE ASSOCIATION. ``An individual who has been awarded compensation under this title, and who has also received compensation benefits under the Compact of Free Association between the United States and the Republic of the Marshall Islands (48 U.S.C. 1681 et seq.) (referred to in this section as the `Compact of Free Association'), by reason of the same illness, shall receive the compensation awarded under this title reduced by the amount of any compensation benefits received under the Compact of Free Association, other than medical benefits and benefits for vocational rehabilitation that the individual received by reason of the illness, after deducting the reasonable costs (as determined by the Secretary) of obtaining those benefits under the Compact of Free Association.''. SEC. 4. SUPPLEMENTAL HEALTH CARE GRANT. Section 103(h) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921b(h)) is amended by adding at the end the following: ``(4) Supplemental health care grant.-- ``(A) In general.--In addition to amounts provided under section 211 of the U.S.-RMI Compact (48 U.S.C. 1921 note), the Secretary of the Interior shall provide to the Republic of the Marshall Islands an annual supplemental health care grant in the amount made available under subparagraph (D)-- ``(i)(I) to provide enhanced primary health care, with an emphasis on providing regular screenings for radiogenic illnesses by upgrading existing services or by providing quarterly medical field team visits, as appropriate, in each of Enewetak, Bikini, Rongelap, Utrik, Ailuk, Mejit, Likiep, Wotho, Wotje, and Ujelang Atolls, which were affected by the nuclear testing program of the United States; and ``(II) to enhance the capabilities of the Marshall Islands to provide secondary treatment for radiogenic illness; and ``(ii) to construct and operate a whole- body counting facility on Utrik Atoll. ``(B) Conditions on health care grants.--To ensure the effective use of grants funds under clause (i) of subparagraph (A), the Secretary of the Interior, after consultation with the Republic of the Marshall Islands, may establish additional conditions on the provision of grants under that clause. ``(C) Memorandum of agreement.--To meet the objectives of clause (ii) of subparagraph (A), the Secretary of the Interior, the Secretary of Energy, and the Government of the Republic of the Marshall Islands shall enter into a memorandum of agreement setting forth the terms, conditions, and respective responsibilities of the parties to the memorandum of agreement in carrying out that clause. ``(D) Funding.--As authorized by section 105(c), there is appropriated to the Secretary of the Interior, out of funds in the Treasury not otherwise appropriated, to carry out this paragraph $4,500,000 for each of fiscal years 2009 through 2023, as adjusted for inflation in accordance with section 218 of the U.S.-RMI Compact, to remain available until expended.''. SEC. 5. ASSESSMENT OF HEALTH CARE NEEDS OF THE MARSHALL ISLANDS. (a) In General.--The Secretary of the Interior shall enter into an agreement with the National Academy of Sciences under which the National Academy of Sciences shall conduct an assessment of the health impacts of the United States nuclear testing program conducted in the Republic of the Marshall Islands on the residents of the Republic of the Marshall Islands. (b) Report.--On completion of the assessment under subsection (a), the National Academy of Sciences shall submit to Congress, the Secretary, the Committee on Energy and Natural Resources of the Senate, and the Committee on Natural Resources of the House of Representatives, a report on the results of the assessment. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

Summary: Republic of the Marshall Islands Supplemental Nuclear Compensation Act of 2011 - Amends the Compact of Free Association Amendments Act of 2003 to direct the Secretary of Energy (DOE) to periodically conduct: (1) a visual study of the concrete exterior of the Cactus Crater containment structure on Runit Island, and (2) a radiochemical analysis of the groundwater surrounding and in the Cactus Crater containment structure on Runit Island. Makes specified funds available to conduct such radiochemical groundwater analysis. Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to include a citizen or national of the Republic of the Marshall Islands or the Federated States of Micronesia within the definitions of "covered employee," "atomic weapons employee," and "Department of Energy contractor employee." Reduces compensation awarded to an individual under such Act who also received compensation under the Compact of Free Association between the United States and the Republic of the Marshall Islands for the same illness by any compensation received under such Compact, other than medical benefits and benefits for vocational rehabilitation that the individual received by reason of the illness, after deducting the reasonable costs of obtaining those benefits. Amends the Compact of Free Association Amendments Act of 2003 to direct the Secretary of the Interior to provide to the Republic of the Marshall Islands an annual supplemental health care grant to: (1) provide enhanced primary health care, with an emphasis on providing regular screenings for radiogenic illnesses by upgrading existing services or by providing quarterly medical field team visits in Enewetak, Bikini, Rongelap, Utrik, Ailuk, Mejit, Likiep, Wotho, Wotje, and Ujelang Atolls, which were affected by the U.S. nuclear testing program; (2) enhance the capabilities of the Marshall Islands to provide secondary treatment for radiogenic illness; and (3) operate a whole-body counting facility on Utrik Atoll. Provides for a National Academy of Sciences assessment of the U.S. nuclear testing program's health impacts on the residents of the Republic of the Marshall Islands.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior$afe Act of 2015''. SEC. 2. IMMUNITY. (a) Definitions.--In this Act-- (1) the term ``bank'' has the meaning given the term in section 202(a) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)); (2) the term ``broker-dealer'' means-- (A) a broker, as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); or (B) a dealer, as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); (3) the term ``covered agency'' means-- (A) a State financial regulatory agency; (B) each of the Federal financial institutions regulatory agencies; (C) a law enforcement agency; and (D) the adult protective services agency of a State; (4) the term ``covered financial institution'' means-- (A) a bank; (B) a credit union; (C) an investment adviser; and (D) a broker-dealer; (5) the term ``credit union'' has the meaning given the term in section 2 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301); (6) the term ``exploitation'' has the meaning given the term in section 2011 of the Social Security Act (42 U.S.C. 1397j); (7) the term ``Federal financial institutions regulatory agencies'' has the meaning given the term in section 1003 of the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3302); (8) the term ``investment adviser'' has the meaning given the term in section 202 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2); and (9) the term ``senior citizen'' means an individual who is not less than 65 years of age. (b) Immunity From Suit.-- (1) Immunity for individuals.--Notwithstanding section 502 of the Gramm-Leach-Bliley Act (15 U.S.C. 6802), including any regulations adopted thereunder, an individual who has received the training described in section 3 shall not be liable, including in any civil or administrative proceeding, for disclosing the possible exploitation of a senior citizen to a covered agency if the individual, at the time of the disclosure-- (A) served as a supervisor, compliance officer, or legal advisor for a covered financial institution; and (B) made the disclosure-- (i) in good faith; and (ii) with reasonable care. (2) Immunity for covered financial institutions.-- Notwithstanding section 502 of the Gramm-Leach-Bliley Act (15 U.S.C. 6802), including any regulations adopted thereunder, a covered financial institution shall not be liable, including in any civil or administrative proceeding, for a disclosure made by an individual described in paragraph (1) if-- (A) the individual was employed by the covered financial institution at the time of the disclosure; and (B) before the time of the disclosure, the covered financial institution provided the training described in section 3 to each officer or employee of the covered financial institution described in section 3(a). SEC. 3. TRAINING REQUIRED. (a) In General.--A covered financial institution may provide training regarding the identification and reporting of the suspected exploitation of a senior citizen to each officer or employee of the covered financial institution who-- (1) is described in section 2(b)(1)(A); (2) may come into contact with a senior citizen as a regular part of the duties of the officer or employee; or (3) may review or approve the financial documents, records, or transactions of a senior citizen in connection with providing financial services to a senior citizen. (b) Training.--The training required under subsection (a) shall be provided as soon as reasonably practicable but not more than 12 months after the date on which an officer or employee begins employment with the covered financial institution. SEC. 4. PREEMPTION. Nothing in this Act shall be construed to preempt or limit any provision of State law, to the extent that any provision of State law provides a similar or greater level of protection against liability to an individual described in section 2(b)(1) or a covered financial institution described in section 2(b)(2) than is provided under those sections.

Summary: Senior$afe Act of 2015 This bill provides that: (1) a supervisor, compliance officer, or legal advisor for a covered financial institution who has received training regarding the identification and reporting of the suspected exploitation of a senior citizen (at least 65 years old) shall not be liable for disclosing such exploitation to a covered agency if such individual made the disclosure in good faith and with reasonable care; and (2) a covered financial institution shall not be liable for such a disclosure by such an individual if such individual was employed by the institution at the time of the disclosure and the institution had provided such training. A "covered financial institution" means a bank, a credit union, an investment adviser, or a broker-dealer. A "covered agency" means each of the federal financial institutions regulatory agencies or a state financial regulatory agency, law enforcement agency, or adult protective services agency. A covered financial institution may provide such training to each of its supervisors, compliance officers, or legal advisors who: (1) may come into contact with a senior citizen as a regular part of such employee's duties; or (2) may review or approve the financial documents, records, or transactions of a senior citizen in connection with providing him or her financial services.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Jumpstarting Our Business Sector Act of 2011''. SEC. 2. REDUCTION IN CORPORATE INCOME TAX RATES. (a) In General.--Subsection (b) of section 11 of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Amount of Tax.--The amount of the tax imposed by subsection (a) shall be 0 percent of taxable income.''. (b) Conforming Amendments.-- (1) Section 55(b)(1)(B)(i) of such Code is amended by striking ``20 percent'' and inserting ``0 percent''. (2) Section 280C(c)(3)(B)(ii)(II) of such Code is amended by striking ``maximum rate of tax under section 11(b)(1)'' and inserting ``rate of tax under section 11(b)''. (3) Sections 860E(e)(2)(B), 860E(e)(6)(A)(ii), 860K(d)(2)(A)(ii), 860K(e)(1)(B)(ii), 1446(b)(2)(B), and 7874(e)(1)(B) of such Code are each amended by striking ``highest rate of tax specified in section 11(b)(1)'' and inserting ``rate of tax specified in section 11(b)''. (4) Section 904(b)(3)(D)(ii) of such Code is amended by striking ``(determined without regard to the last sentence of section 11(b)(1))''. (5) Section 962 of such Code is amended by striking subsection (c) and by redesignating subsection (d) as subsection (c). (6) Section 1201(a) of such Code is amended-- (A) by striking ``35 percent (determined without regard to the last 2 sentences of section 11(b)(1))'' and inserting ``0 percent'', and (B) by striking ``35 percent'' in paragraph (2) and inserting ``0 percent''. (7) Section 1561(a) of such Code is amended-- (A) by striking paragraph (1) and by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively, (B) by striking ``The amounts specified in paragraph (1), the'' and inserting ``The'', (C) by striking ``paragraph (2)'' and inserting ``paragraph (1)'', (D) by striking ``paragraph (3)'' both places it appears and inserting ``paragraph (2)'', (E) by striking ``paragraph (4)'' and inserting ``paragraph (3)'', and (F) by striking the fourth sentence. (8) Subsection (b) of section 1561 of such Code is amended to read as follows: ``(b) Certain Short Taxable Years.--If a corporation has a short taxable year which does not include a December 31 and is a component member of a controlled group of corporations with respect to such taxable year, then for purposes of this subtitle, the amount to be used in computing the accumulated earnings credit under section 535(c) (2) and (3) of such corporation for such taxable year shall be the amount specified in subsection (a)(1) divided by the number of corporations which are component members of such group on the last day of such taxable year. For purposes of the preceding sentence, section 1563(b) shall be applied as if such last day were substituted for December 31.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 3. ZERO PERCENT CAPITAL GAINS RATE FOR INDIVIDUALS AND CORPORATIONS. (a) Zero Percent Capital Gains Rate for Individuals.-- (1) In general.--Paragraph (1) of section 1(h) of the Internal Revenue Code of 1986 is amended by striking subparagraph (C), by redesignating subparagraphs (D) and (E) and subparagraphs (C) and (D), respectively, and by amending subparagraph (B) to read as follows: ``(B) 0 percent of the adjusted net capital gain (or, if less, taxable income);''. (2) Alternative minimum tax.--Paragraph (3) of section 55(b) is amended by striking subparagraph (C), by redesignating subparagraph (D) as subparagraph (C), and by amending subparagraph (B) to read as follows: ``(B) 0 percent of the adjusted net capital gain (or, if less, taxable excess), plus''. (3) Repeal of sunset of reduction in capital gains rates for individuals.--Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 shall not apply to section 301 of such Act. (b) Zero Percent Capital Gains Rate for Corporations.-- (1) In general.--Section 1201 of the Internal Revenue Code of 1986 is amended by redesignating subsection (b) as subsection (c), and by striking subsection (a) and inserting the following new subsections: ``(a) General Rule.--If for any taxable year a corporation has a net capital gain, then, in lieu of the tax imposed by sections 11, 511, 821(a) or (c), and 831(a), there is hereby imposed a tax (if such tax is less than the tax imposed by such sections) which shall consist of the sum of-- ``(1) a tax computed on the taxable income reduced by the amount of the net capital gain, at the rates and in the manner as if this subsection had not been enacted, ``(2) 0 percent of the adjusted net capital gain (or, if less, taxable income), ``(3) 25 percent of the excess (if any) of-- ``(A) the unrecaptured section 1250 gain (or, if less, the net capital gain (determined without regard to subsection (b)(2)), over ``(B) the excess (if any) of-- ``(i) the sum of the amount on which tax is determined under paragraph (1) plus the net capital gain, over ``(ii) taxable income, plus ``(4) 28 percent of the amount of taxable income in excess of the sum of the amounts on which tax is determined under the preceding paragraphs of this subsection. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) In general.--The terms `adjusted net capital gain' and `unrecaptured section 1250 gain' shall have the respective meanings given such terms in section 1(h). ``(2) Dividends taxed at net capital gain.--Except as otherwise provided in this section, the term `net capital gain' has the meaning given such term in section 1(h)(11).''. (2) Alternative minimum tax.--Section 55(b) of such Code is amended by adding at the end the following new paragraph: ``(4) Maximum rate of tax on net capital gain of corporations.--The amount determined under paragraph (1)(B)(i) shall not exceed the sum of-- ``(A) the amount determined under such paragraph computed at the rates and in the same manner as if this paragraph had not been enacted on the taxable excess reduced by the net capital gain, plus ``(B) the amount determined under section 1201.''. (3) Technical amendments.-- (A) Section 1445(e)(1) of such Code is amended by striking ``35 percent (or, to the extent provided in regulations, 15 percent)'' and inserting ``0 percent''. (B) Section 1445(e)(2) of such Code is amended by striking ``35 percent'' and inserting ``0 percent''. (C) Section 7518(g)(6)(A) of such Code is amended by striking ``15 percent (34 percent in the case of a corporation)'' and inserting ``0 percent''. (D) Section 607(h)(6)(A) of the Merchant Marine Act, 1936 is amended by striking ``15 percent (34 percent in the case of a corporation)'' and inserting ``0 percent''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. (2) Withholding.--The amendments made by subparagraphs (A) and (B) of subsection (b)(3) shall apply to dispositions and distributions after the date of the enactment of this Act. SEC. 4. ONE-YEAR EXTENSION OF BONUS DEPRECIATION AND 100 PERCENT EXPENSING FOR CERTAIN BUSINESS ASSETS. (a) In General.-- (1) Bonus depreciation.--Paragraph (2) of section 168(k) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``January 1, 2014'' in subparagraph (A)(iv) and inserting ``January 1, 2015'', and (B) by striking ``January 1, 2013'' each place it appears and inserting ``January 1, 2014''. (2) 100 percent expensing.--Paragraph (5) of section 168(k) is amended to read as follows: ``(5) Temporary 100 percent bonus depreciation.--Paragraph (1)(A) shall be applied by substituting `100 percent' for `50 percent' in the case of property placed in service by the taxpayer after September 8, 2010, which would be qualified property if-- ``(A) `January 1, 2013' were substituted for `January 1, 2014' each place it appears in paragraph (2), ``(B) `January 1, 2014' were substituted for `January 1, 2015' in clause (iv) of paragraph (2)(A), and ``(C) `September 8, 2010' were substituted for `December 31, 2007' each place it appears in paragraph (2).''. (3) Special rules relating to election to accelerate amt credit in lieu of bonus depreciation.-- (A) Subclause (II) of section 168(k)(4)(D)(iii) of such Code is amended by striking ``January 1, 2013'' and inserting ``January 1, 2014''. (B) Clause (iv) of section 168(k)(4)(I) of such Code is amended-- (i) by inserting after ``Act of 2010'', and (ii) by striking ``of such Act'' and inserting ``or section 2(a)(3)(A) of either such Act, respectively''. (4) Conforming amendments.-- (A) The heading for subsection (k) of section 168 of such Code is amended by striking ``January 1, 2013'' and inserting ``January 1, 2014''. (B) The heading for clause (ii) of section 168(k)(2)(B) of such Code is amended by striking ``pre- january 1, 2013'' and inserting ``pre-january 1, 2014''. (C) Subparagraph (C) of section 168(n)(2) of such Code is amended by striking ``January 1, 2013'' and inserting ``January 1, 2014''. (D) Subparagraph (D) of section 1400L(b)(2) of such Code is amended by striking ``January 1, 2013'' and inserting ``January 1, 2014''. (E) Subparagraph (B) of section 1400N(d)(3) of such Code is amended by striking ``January 1, 2013'' and inserting ``January 1, 2014''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2011.

Summary: Jumpstarting Our Business Sector Act of 2011 - Amends the Internal Revenue Code to: (1) eliminate the corporate income tax and the tax on the capital gains of individuals and corporations; and (2) extend for one year the additional depreciation allowance for business and investment assets (bonus depreciation), the 100% expensing allowance for such assets, and the election to accelerate the alternative minimum tax (AMT) credit in lieu of bonus depreciation.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Men and Families Health Care Act of 2009''. SEC. 2. FINDINGS. The Congress finds the following: (1) Risks to the health and well-being of the Nation's men (and our families) are on the rise due to a lack of education, awareness, and pursuit of preventative screening and care-- (A) men are leading in 9 out of the top 10 causes of death; (B) 1 in 2 men versus 1 in 3 women in their lifetime will be diagnosed with cancer; (C) the life expectancy gap between men and women has increased from one year in 1920 to 5.2 years in 2005; and (D) studies show that women are 100 percent more likely than men to visit a doctor, have regular physician check-ups, and obtain preventive screening tests for serious diseases. (2) While this health crisis is of particular concern to men, it is also a concern for women regarding their fathers, husbands, sons, and brothers. (3) According to the Census Bureau, by the time men and women reach age 65, the ratio of men to women reduces to 85 to 100. The growing disparity in this statistic suggests that among other factors, the declining health of men increases the risk of women entering retirement age as widows. (4) According to the Administration on Aging, more than half of elderly widows now living in poverty were not poor before the death of their husbands. (5) Men's health is a concern to Federal and State governments which absorb the enormous costs of premature death and disability, including the costs of caring for dependents left behind. (6) Educating men, their families, and health care providers about the importance of early detection of male health issues (i.e. cardiovascular, mental, prostate health, cancer (lung, prostate, skin, colorectal, testicular, and more), HIV/AIDS, osteoporosis, and other pertinent health issues) can result in reducing rates of mortality for male- specific diseases, as well as improve the health of the Nation's men and its overall economic well-being. (7) Of concern is the physical, mental, and emotional well- being of our military men (and women) returning from war zones and our veterans. We must pay attention to their needs and the needs of their families. (8) Recent scientific studies have shown that regular medical exams, preventive screenings, regular exercise, and healthy eating habits can help save lives. (9) Appropriate use of tests such as prostate-specific antigen (PSA) exams and blood pressure, blood sugar, lipid panel, and colorectal screenings in conjunction with clinical exams or self-testing, can result in the early detection of many problems and in increased survival rates. (10) Men's health is a concern for employers who pay the costs of medical care and lose productive employees. (11) Prostate cancer is the most frequently diagnosed cancer in the United States among men, accounting for 25 percent of all cancer cases-- (A) over 185,000 men will be newly diagnosed with prostate cancer this year alone, and almost 29,000 will die; (B) costs associated with prostate cancer detection and treatments exceed $8 billion annually and represent 8 percent of cancer and 0.4 percent of all health- related expenditures in the United States; (C) prostate cancer rates increase sharply with age, and more than \2/3\ of such cases are diagnosed in men age 65 and older; (D) \2/3\ of annual prostate cancer expenditures in the United States are paid for by Medicare; and (E) the incidence of prostate cancer and the resulting mortality rate in African-American men is twice that of all other men. (12) It is estimated that in 2008, approximately 115,000 men were diagnosed with lung cancer, and almost 91,000 of the Nation's men died from lung cancer. (13) It is estimated that in 2008, approximately 54,000 men were diagnosed with colorectal cancer, and over 24,000 of the Nation's men died from colorectal cancer. (14) Men make up over half of the diabetes patients aged 20 and over in the United States (10.9 million men total) and nearly \1/3\ of them do not know it-- (A) whereas approximately 21,000,000 Americans are living with diabetes, men are 30 percent more likely to die from the disease; (B) 54 million American people have pre-diabetes and 1.5 million new cases of diabetes were diagnosed in 2005; and (C) people with diagnosed diabetes have medical expenditures that are 2 to 3 times higher than patients without diabetes and the estimated cost of diabetes in 2007 was $174,000,000, including $116,000,000 in excess medical expenditures and $58,000,000 in reduced national productivity. (15) Over 8,000 men, ages 15 to 40, will be diagnosed this year with testicular cancer, and 380 of these men will die of this disease in 2008. A common reason for delay in treatment of this disease is a delay in seeking medical attention after discovering a testicular mass. (16) Men over the past decade have shown poorer health outcomes than women across all racial and ethnic groups as well as socioeconomic status. (17) Establishing an Office of Men's Health is needed to investigate these findings and take further actions to promote awareness of men's health needs. SEC. 3. ESTABLISHMENT OF OFFICE OF MEN'S HEALTH. Title XVII of the Public Health Service Act (42 U.S.C. 300u et seq.) is amended by adding at the end the following: ``SEC. 1711. OFFICE OF MEN'S HEALTH. ``(a) In General.--The Secretary shall establish within the Department of Health and Human Services an office to be known as the Office of Men's Health. The Secretary shall appoint a director as head of the office. ``(b) Activities.--The Secretary, acting through the Director of the Office of Men's Health, shall-- ``(1) conduct, support, coordinate, and promote programs and activities to improve the state of men's health in the United States, including by working with the Department of Veterans Affairs, the Department of Defense, and the Federal Employee Health Benefits Plan; and ``(2) provide for consultation among offices and agencies of the Department of Health and Human Services for the purposes of-- ``(A) coordinating public awareness, education, and screening programs and activities relating to men's health; ``(B) coordinating programs and activities under title XVIII of the Social Security Act relating to men's health, including prostate cancer, diabetes, colorectal cancer, cholesterol, and mental health screening programs; ``(C) coordinating public awareness programs and activities, including prostate cancer, diabetes, colorectal cancer, cholesterol, and mental health screening programs, for men identified at being at increased risk of these diseases; ``(D) coordinating prostate-specific antigen (PSA), diabetes, cholesterol, and colorectal cancer screening programs and activities relating to men's prostate health, cardiovascular health, and mental health in order to conduct a comparative effectiveness review; and ``(E) establishing a clinical registries database to assess and measure quality improvement of programs and activities relating to men's health. ``(c) Report.--Not later than 2 years after the date of the enactment of this section, the Secretary, acting through the Director of the Office of Men's Health, shall submit to the Congress a report describing the activities of such Office, including findings by the Director regarding men's health.''.

Summary: Men and Families Health Care Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish within the Department of Health and Human Services (HHS) the Office of Men's Health. Requires the Secretary, acting through the Director of the Office, to: (1) conduct, support, coordinate, and promote programs and activities to improve the state of men's health in the United States; and (2) provide for consultation among HHS agencies and offices to coordinate men's health programs and activities and establish a clinical registries database to assess and measure quality improvement of programs and activities relating to men's health.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Manufacturing Advisory Council Establishment Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) Manufacturing is a critical component of the economy of the United States. (2) A strong manufacturing sector is important to maintaining a desirable standard of living for all United States citizens. (3) United States manufacturers can compete globally as long as they are not subjected to anti-competitive trade practices. (4) The United States manufacturing industry is presently facing many challenges, both domestic and international. (5) The President would benefit from regular, informed advice from a variety of sources within the Unites States manufacturing sector, including representatives of small and mid-sized businesses, on policies that affect manufacturing. SEC. 3. ESTABLISHMENT. There is established a council to be known as the ``President's Council of Advisors on Manufacturing''. SEC. 4. DUTIES. The duties of the Council shall be-- (1) to advise the President on policy matters affecting the domestic manufacturing sector; (2) to assist in the development of policies that will-- (A) reduce production costs within the manufacturing sector, (B) promote the competitiveness of products manufactured in the United States in international markets, (C) encourage innovation, investment, and productivity in the manufacturing sector, and (D) ensure an adequate supply of skilled workers in the manufacturing sector; and (3) to assist the Secretary of Commerce in securing private sector involvement for Department of Commerce activities. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Council shall be composed of 25 members appointed by the President as follows: (1) 1 member shall be an officer or employee of the Federal Government. (2) 24 members shall be individuals who-- (A) are not officers or employees of the Federal Government; (B) have expertise in manufacturing; and (C) represent businesses of various sizes and industries within the manufacturing sector. (b) Continuation of Membership.--If a member was appointed to the Council as an officer or employee of the Federal Government and the member ceases to be an officer or employee of the Federal Government, or was appointed to the Council because the member was not an officer or employee of the Federal Government and later becomes an officer or employee of the Federal Government, that member may continue as a member for not longer than the 90-day period beginning on the date that the member ceases to be an officer or employee of the Federal Government, or becomes such an officer or employee, as the case may be. (c) Terms.-- (1) In general.--Each member shall be appointed for a term of 2 years, except as provided in paragraphs (2) and (3). (2) Terms of initial appointees.--As designated by the President at the time of appointment, of the members first appointed-- (A) 8 shall be appointed for terms of 4 years; (B) 8 shall be appointed for terms of 3 years; (C) 8 shall be appointed for terms of 2 years; and (D) the member appointed under subsection (a)(1) shall be appointed for a term of 2 years. (3) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. (d) Deadline for Appointment.--The appointments of the members of the Council shall be made no later than 90 days after the date of the enactment of this Act. (e) Co-chairs.--The co-chairs of the Council shall be the member appointed under subsection (a)(1) and one member appointed under subsection (a)(2) who is designated by the President at the time of appointment. (f) Meetings.-- (1) First meeting.--The Council shall hold its first meeting on a date designated by the co-chairs which is not later than 30 days after the date on which all members have been appointed. (2) Subsequent meetings.--After the first meeting, the Council shall meet at least semi-annually upon the call of the co-chairs. (g) No Compensation for Service.--The members shall serve on the Council without compensation. (h) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. SEC. 6. POWERS OF THE COUNCIL. (a) Information and Advice.--As the Council finds appropriate, the Council may seek information and advice from persons who are not members of the Council. (b) Obtaining Official Data.--The Council may secure directly from any agency of the United States information necessary to enable it to carry out this Act. Upon the request of either co-chair, the head of that department or agency shall furnish that information to the Council. (c) Mails.--The Council may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. SEC. 7. ADMINISTRATION. (a) Expenses.--Any expenses incurred by the Council shall be paid from the funds available to the Assistant Secretary of Commerce responsible for manufacturing and services, as determined by the Secretary of Commerce. (b) Administrative Services.--The Assistant Secretary of Commerce responsible for manufacturing and services, as determined by the Secretary of Commerce, shall provide any administrative support services required by the Council. SEC. 8. NO TERMINATION. Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Council.

Summary: Manufacturing Advisory Council Establishment Act of 2004 - Establishes the President's Council of Advisors on Manufacturing to: (1) advise the President on policy matters affecting the domestic manufacturing sector; (2) develop policies that will reduce manufacturing production costs, promote the international competitiveness of U.S.-manufactured products, encourage innovation, investment and productivity in the manufacturing sector, and ensure an adequate supply of skilled manufacturing workers; and (3) assist the Secretary of Commerce in securing private sector involvement for Department of Commerce activities. States that provisions of the Federal Advisory Committee Act relating to the termination of advisory committees shall not apply to the Council.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Trade in Grain Act of 1993''. SEC. 2. MONITORING OF DOMESTIC USES MADE OF CERTAIN FOREIGN GRAIN AFTER IMPORTATION. (a) Definitions.--As used in this section: (1) Entry.--The term ``entry'' means the entry into, or the withdrawal from warehouse for consumption in, the customs territory of the United States. (2) Foreign grain.--The term ``foreign grain'' means any of the following, if a product of any foreign country or instrumentality: (A) Wheat provided for in heading 1001 of the Harmonized Tariff Schedule of the United States. (B) Barley provided for in heading 1003.00 of such Schedule. (C) Oats provided for in heading 1004.00.00 of such Schedule. (b) Certification Requirements Regarding Foreign Grain.-- (1) End-use certificate.--An end-use certificate that meets the requirements of subsection (c) shall be included in the documentation covering the entry of any foreign grain. (2) Quarterly reports.--A consignee of imported foreign grain shall submit to the Secretary of Agriculture a quarterly report that certifies-- (A) what percentage of the foreign grain covered by an end-use certificate was used by the consignee during the quarter; and (B) that the grain referred to in paragraph (1) was used by the consignee for the purpose stated in the end-use certificate. (c) End-Use Certificate and Quarterly Report Content.--The end-use certificates and quarterly reports required under subsection (b) shall be in such form, and require such information, as the Secretary of Agriculture considers necessary or appropriate to carry out the purposes of this section, including-- (1) in the case of the end-use certificate-- (A) the name and address of the importer of record of the foreign grain covered by the certificate; (B) the name and address of the consignee of the grain; (C) the identification of the country of origin of the grain; (D) a description by class and quantity of the grain; (E) a specification of the purpose for which the consignee will use the grain; and (F) the identification of the transporter of the grain from the port of entry to the processing facility of the consignee; and (2) in the case of the quarterly report-- (A) the information referred to in subparagraphs (A) and (B) of paragraph (1); (B) the identification of the end-use certificates currently held by the consignee; (C) a statement of the quantity of the foreign grain covered by each of the end-use certificates identified under subparagraph (B) that was used during the quarter; (D) a statement of the use made during the quarter by the consignee of each quantity referred to in subparagraph (C); and (E) a statement of the quantity of wheat, barley, and oats that have been exported by the consignee during the quarter. (d) Regulations.--The Secretary of Agriculture shall prescribe such requirements regarding the preparation and submission of the quarterly reports required under subsection (b)(2) as may be necessary or appropriate to carry out this section. (e) Penalties.-- (1) Customs penalties.--End-use certificates required under this section shall be treated as any other customs documentation for purposes of applying the customs laws that prohibit the entry, or the attempt to enter, merchandise by fraud, gross negligence, or negligence. (2) Civil penalties.--Any person who knowingly violates any requirement prescribed by the Secretary of Agriculture to carry out this section is punishable by a civil penalty in an amount not to exceed $10,000. (f) Entry Prohibited Unless End-Use Certificate Presented.--The Commissioner of Customs may not permit the entry of foreign grain unless the importer of record presents at the time of entry of the grain an end-use certificate that complies with the applicable requirements of subsection (c). SEC. 3. USE OF EXPORT ENHANCEMENT PROGRAM TO PROMOTE WHEAT EXPORTS TO MEXICO. Section 301(b) of the Agricultural Trade Act of 1978 (7 U.S.C. 5651(b)) is amended by adding at the end the following new paragraph: ``(9) Promotion of wheat exports to mexico.--In carrying out the program established under this section, the Secretary shall provide agricultural commodities or cash payments, or both, to promote the export of wheat to Mexico.''. SEC. 4. INITIATION OF INVESTIGATION WITH RESPECT TO CANADIAN WHEAT SUBSIDIES. Not later than 30 days after the date of the enactment of this Act, the administering authority shall initiate a countervailing duty investigation and an antidumping duty investigation under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) with respect to the subsidies provided by Canada in connection with the exportation of wheat to the United States.

Summary: Fair Trade in Grain Act of 1993 - Requires a consignee of imported foreign grain to: (1) include an end-use certificate in the documentation covering the entry of such grain; and (2) submit to the Secretary of Agriculture certain quarterly reports regarding the use of such grain. Sets forth civil penalties. Prohibits the Commissioner of Customs from permitting the entry of such grain unless the importer of record presents such certificate at the time of entry. Amends the Agricultural Trade Act of 1978 to require the Secretary to provide agricultural commodities or cash payments, or both, to promote U.S. wheat exports to Mexico. Directs the administering authority to initiate a countervailing duty and antidumping duty investigation with respect to Canadian subsidies for wheat exported to the United States.