SECTION 1. SHORT TITLE. This Act may be cited as the ``Duty Suspension Facilitation Act of 2010''. SEC. 2. PURPOSE. The purpose of this Act is to provide a procedure for the development and submission of legislation by the International Trade Commission regarding amendments to the Harmonized Tariff Schedule of the United States in connection with the temporary suspension or reduction of duty. SEC. 3. PROCEDURES FOR RECOMMENDATIONS AND PROPOSED LEGISLATION RELATING TO TEMPORARY DUTY SUSPENSIONS. (a) In General.--Not later than January 1, 2012, and every 2 years thereafter, the International Trade Commission shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives proposed legislation which includes recommendations regarding the following: (1) Amendments to the Harmonized Tariff Schedule of the United States extending existing temporary duty suspensions or existing duty reductions. (2) Amendments to the Harmonized Tariff Schedule of the United States providing for new temporary duty suspensions or new duty reductions. (3) Modifications to the Harmonized Tariff Schedule of the United States to make technical corrections with respect to-- (A) errors in spelling, numbering, or punctuation; (B) errors in indentation; (C) errors in cross references to headings, subheadings, or notes; (D) errors in article descriptions; and (E) other clerical or typographical errors. (b) Agency and Public Views Regarding Recommendations.--In formulating recommendations and proposed legislation under subsection (a), the International Trade Commission shall solicit, and give consideration to, the views of interested Federal agencies and the public. The Commission shall-- (1) give notice of the proposed recommendations, afford reasonable opportunity for interested parties to present their views in writing; and (2) provide for a public hearing. (c) Requirements for Duty Suspension and Reduction.--The Commission may not recommend in the proposed legislation under subsection (a) any suspension or reduction in duty, if-- (1) an interested Federal agency determines such suspension or reduction is not in the interest of United States and that determination is included in the record of the public hearing required under subsection (b); (2) such suspension or reduction is objected to by a domestic producer who demonstrates that there is domestic production of the article for which suspension or reduction of duty is recommended in commercially available quantities; (3) the loss in revenue to the United States from such suspension or reduction of duty exceeds $500,000 annually (as adjusted under subsection (f)); or (4) the suspension or reduction in duty is to be effective for a period that exceeds 3 years. (d) Submission of Proposed Legislation and Recommendations.-- (1) Legislation.--Any proposed legislation submitted under subsection (a), shall include the following information, if appropriate-- (A) the heading or subheading number of the Harmonized Tariff Schedule of the United States to be added or amended; (B) the Chemical Abstract Service or CAS number; (C) the article description and duty rates for each of the headings or subheadings described in subparagraph (A); and (D) any other information that is necessary to carry out the proposed legislation, including the requirements described in subsection (c). (2) Recommendations.--Along with the proposed legislation submitted under subsection (a), the International Trade Commission shall submit-- (A) a summary of the information on which the recommendation is based; and (B) a summary of the views submitted by interested Federal agencies, the public, and other interested parties. (e) Publication in the Federal Register.--Not later than 60 days before the Commission submits the proposed legislation under subsection (a), the Commission shall publish the proposed legislation in the Federal Register. (f) Indexing for Inflation.-- (1) In general.--Beginning in calendar year 2013, the dollar amount described in subsection (c)(3) shall be increased by an amount equal to-- (A) $500,000, multiplied by (B) the percentage (if any) by which the CPI for the preceding calendar year exceeds the CPI for calendar year 2011. (2) Rounding.--Any increase under paragraph (1)(B) shall be rounded to the nearest dollar. (3) Definitions.--In this subsection: (A) CPI for the preceding calendar year.--The term ``CPI for the preceding calendar year'' means the average of the Consumer Price Index as of the close of the 12-month period ending on August 31 of such calendar year. (B) Consumer price index.--The term ``Consumer Price Index'' means the last Consumer Price Index for all-urban consumers published by the Department of Labor.

Summary: Duty Suspension Facilitation Act of 2010 - Directs the International Trade Commission (ITC) to propose to Congress temporary duty suspensions or duty reductions under the Harmonized Tariff Schedule of the United States (HTS). Prohibits the ITC from recommending any suspension or reduction in duty if: (1) an interested federal agency determines it is not in the U.S. interest and that determination is included in the agency public hearing record; (2) a domestic producer objects to the suspension or reduction, demonstrating that there is domestic production of the article concerned in commercially available quantities; (3) the loss in revenue to the United States from the duty suspension or reduction exceeds $500,000 annually (adjusted for inflation); or (4) the duty suspension or reduction is for more than three years.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park System New Area Studies Act''. SEC. 2. STUDY OF NEW PARK SYSTEM AREAS. Section 8 of Public Law 91-383 (16 U.S.C. 1a-5; popularly known as the National Park System General Authorities Act) is amended as follows: (1) By inserting ``General Authority.--'' after ``(a)''. (2) By striking the second through the seventh sentences of subsection (a). (3) By designating the last two sentences of subsection (a) as subsection (e) and inserting in the first of such sentences before the words ``For the purposes of carrying'' the following: ``(e) Authorization of Appropriations.--''. (4) By inserting the following after subsection (a): ``(b) Studies of Areas for Potential Addition.--(1) At the beginning of each calendar year, along with the annual budget submission, the Secretary of the Interior shall submit to the Committee on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate a list of areas recommended for study for potential inclusion in the National Park System. ``(2) In developing the list to be submitted under this subsection, the Secretary shall give consideration to those areas that have the greatest potential to meet the established criteria of national significance, suitability, and feasibility. The Secretary shall give special consideration to themes, sites, and resources not already adequately represented in the National Park System. ``(3) No study of the potential of an area for inclusion in the National Park System may be initiated after the date of enactment of this subsection, except as provided by specific authorization of an Act of Congress. ``(4) Nothing in this Act shall limit the authority of the National Park Service to conduct preliminary resource assessments, gather data on potential study areas, provide technical and planning assistance, prepare or process nominations for administrative designations, update previous studies, or complete reconnaissance surveys of individual areas requiring a total expenditure of less than $25,000. ``(5) Nothing in this section shall be construed to apply to or to affect or alter the study of any river segment for potential addition to the national wild and scenic rivers system or to apply to or to affect or alter the study of any trail for potential addition to the national trails system. ``(c) Report.--(1) The Secretary of the Interior shall complete the study for each area for potential inclusion in the National Park System within 3 complete fiscal years following the date of enactment of specific legislation providing for the study of such area. Each study under this section shall be prepared with appropriate opportunity for public involvement, including at least one public meeting in the vicinity of the area under study, and after reasonable efforts to notify potentially affected landowners and State and local governments. ``(2) In conducting the study, the Secretary shall consider whether the area under study-- ``(A) possesses nationally significant natural or cultural resources and represents one of the most important examples of a particular resource type in the country; and ``(B) is a suitable and feasible addition to the system. ``(3) Each study-- ``(A) shall consider the following factors with regard to the area being studied-- ``(i) the rarity and integrity of the resources; ``(ii) the threats to those resources; ``(iii) similar resources are already protected in the National Park System or in other public or private ownership; ``(iv) the public use potential; ``(v) the interpretive and educational potential; ``(vi) costs associated with acquisition, development and operation; ``(vii) the socioeconomic impacts of any designation; ``(viii) the level of local and general public support; and ``(ix) whether the area is of appropriate configuration to ensure long-term resource protection and visitor use; ``(B) shall consider whether direct National Park Service management or alternative protection by other public agencies or the private sector is appropriate for the area; ``(C) shall identify what alternative or combination of alternatives would in the professional judgment of the Director of the National Park Service be most effective and efficient in protecting significant resources and providing for public enjoyment; and ``(D) may include any other information which the Secretary deems to be relevant. ``(4) Each study shall be completed in compliance with the National Environmental Policy Act of 1969. ``(5) The letter transmitting each completed study to Congress shall contain a recommendation regarding the Secretary's preferred management option for the area. ``(d) List of Areas.--At the beginning of each calendar year, along with the annual budget submission, the Secretary of the Interior shall submit to the Committee on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate a list of areas which have been previously studied which contain primarily historical resources, and a list of areas which have been previously studied which contain primarily natural resources, in numerical order of priority for addition to the National Park System. In developing the lists, the Secretary should consider threats to resource values, cost escalation factors, and other factors listed in subsection (c) of this section. The Secretary should only include on the lists areas for which the supporting data is current and accurate.''. (5) By adding at the end of subsection (e) (as designated by paragraph (3) of this section) the following: ``For carrying out subsections (b) through (d) there are authorized to be appropriated $2,000,000.''. Passed the House of Representatives August 3, 1998. Attest: ROBIN H. CARLE, Clerk.

Summary: National Park System New Area Studies Act - Amends Federal law to repeal provisions which require: (1) the Secretary of the Interior to annually report to the Speaker of the House of Representatives and to the President of the Senate on areas of national significance that have been studied for potential inclusion in the National Park System (NPS) and requiring, within such report, a listing of not less than 12 such areas; and (2) a synopsis to accompany the annual listing of the areas, for each report previously submitted, of the current and changed condition of the resource integrity of the area and other relevant factors compiled as a result of continual periodic monitoring and embracing the period since the previous such submission or initial report submission one year earlier. Directs the Secretary to submit to the Committee on Resources of the House and the Committee on Energy and Natural Resources of the Senate, along with the annual budget, a list of areas recommended for study for potential inclusion in the NPS. Requires the Secretary to give: (1) consideration to those areas that have the greatest potential to meet the established criteria of national significance, suitability, and feasibility; and (2) special consideration to themes, sites, and resources not already adequately represented in the NPS. Prohibits studies of potential areas for inclusion in the NPS from being initiated after the enactment of this Act, except as specifically authorized by an Act of Congress. Provides that nothing in this Act shall: (1) limit the authority of the National Park Service to conduct preliminary resource assessments, gather data on potential study areas, provide technical and planning assistance, prepare or process nominations for administrative designations, update previous studies, or complete reconnaissance surveys of individual areas requiring a total expenditure of less than $25,000; or (2) be construed to apply to the study of any river segment or any trail for potential addition to the national wild and scenic rivers system or the national trails system. Directs the Secretary to complete the study for each area for potential inclusion in the NPS within three complete fiscal years following the date of enactment of specific legislation providing for the study. Requires: (1) each study to consider specified factors, including similar resources already protected, costs, public support, and alternatives for protecting the area; (2) each study to be completed in compliance with the National Environmental Policy Act of 1969; and (3) the letter transmitting each completed study to the Congress to contain a recommendation regarding the Secretary's preferred management option for the area. Requires the Secretary to submit to such Committees, along with the annual budget, a list of areas which have been previously studied which contain primarily historical resources, and a list of areas which have been previously studied which contain primarily natural resources, in numerical order of priority for addition to the NPS. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Marine Scholarship Act of 2005''. SEC. 2. NATIONAL MARINE SCHOLARSHIP PROGRAM. (a) Definitions.--In this section: (1) Administration.--The term ``Administration'' means the National Oceanic and Atmospheric Administration. (2) Administrator.--The term ``Administrator'' means the Administrator of the National Oceanic and Atmospheric Administration. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning that term has under section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (4) Program.--The term ``Program'' means the National Marine Scholarship Program established by the Administrator under this section. (b) Establishment of Program.-- (1) Requirement.--The Administrator shall establish a National Marine Scholarship Program that is designed to recruit and prepare students for careers in the fields of marine science. Under the program, the Secretary shall award scholarships for those academic programs and fields of study described in the list made available under subsection (d). (2) Employment obligation.--As a condition of the award of each scholarship under the Program, the Administrator shall require the recipient to enter into a contractual agreement under which the individual is obligated to serve as a full-time employee of the Administration in a position needed by the Administration and for which the individual is qualified, for a period of time to be determined by the Administrator and stated in the contractual agreement. If a full-time equivalent position is not available within the Administration at the time the scholarship recipient is obligated begin their employment, the scholarship recipient may fulfill such employment obligation in a full-time position in another Federal agency with administrative jurisdiction over programs relating to the marine environment that is approved by the Administrator. (c) Eligibility Criteria.--In order to be eligible for a scholarship under the program, an individual must-- (1) be enrolled or accepted for enrollment as a full-time graduate student at an institution of higher education in an academic program and field of study described in the list made available under subsection (d); (2) be a United States citizen or national or a permanent resident of the United States; and (3) at the time of the initial scholarship award, not be an employee of the Administration. (d) Eligible Academic Programs and Fields of Study.--The Administrator shall make publicly available a list of academic programs and fields of study for which scholarships under this section may be used, and shall update the list as necessary. (e) Competitive Award Process.-- (1) In general.--Under the Program, the Administrator shall award scholarships to individuals who are selected through a competitive process-- (A) under which awards are made primarily on the basis of academic merit; (B) in which consideration is given to promoting the participation in the Program by individuals referred to in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a, 1885b); and (C) in which consideration may be given to financial need. (2) Application.--An individual seeking a scholarship under this section shall submit an application to the Administrator at such time, in such manner, and containing such information, agreements, or assurances as the Administrator may require. (f) Scholarship Limits.-- (1) Number of academic years.--An individual may not receive a scholarship under this section for a masters degree program for more than 2 academic years, or for a doctorate program for more than 4 academic years, except as specifically authorized by a waiver issued by the Administrator. (2) Dollar amount.--The dollar amount of a scholarship under this section shall not exceed the cost of attendance, as such cost is determined in accordance with section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087). (3) Use.--Amounts received as a scholarship under this section may be expended only for tuition, fees, and other expenses authorized by regulations issued by the Administrator. (4) Payment of scholarship amounts.--The Administrator may enter into a contractual agreement with an institution of higher education with respect to which a scholarship is provided under this section, under which the amounts provided as the scholarship for tuition, fees, and other authorized expenses are paid directly to the institution. (g) Period of Service Under Employment Obligation.-- (1) General requirement.--Except as provided in subsection (i)(2), the period of service for which an individual shall be obligated to serve as an employee of the Administration pursuant to this section shall be determined by the Administrator in accordance with subsection (b)(2). (2) Beginning of service.-- (A) General rule.--Except as provided in subparagraph (B), obligated service under subsection (b)(2) shall begin not later than 60 days after the date on which individual obtains the educational degree for which the scholarship was provided. (B) Deferral.--The Administrator may defer the beginning of obligated service under subsection (b)(2) if the Administrator determines that such a deferral is appropriate. The Administrator shall by regulation prescribe the terms and conditions under which a service obligation may be deferred under this subparagraph. (h) Repayment.-- (1) Failure to perform academically.-- (A) Breach of obligation.--A recipient of a scholarship under this section shall be in breach of the recipient's contractual agreement under this section if the recipient-- (i) fails to maintain a high level of academic standing, as defined by the Administrator by regulation; (ii) is dismissed from the recipient's educational institution for disciplinary reasons; or (iii) voluntarily terminates academic training before graduation from the educational program for which the scholarship was awarded. (B) Penalty.--A recipient of a scholarship who under subparagraph (A) is in breach of the recipient's contractual agreement-- (i) shall be liable to the United States for repayment, within 2 years after the date of the breach, of all amounts paid under the scholarship to the recipient or to an institution of higher education on the recipient's behalf; and (ii) shall not be required to fulfill any employment obligation under such agreement. (2) Failure to fulfill employment obligation.-- (A) Breach of obligation.--A recipient of a scholarship under this section shall be in breach of the recipient's contractual agreement under this section if the recipient-- (i) fails to begin or complete the recipient's employment obligation under this section; or (ii) fails to comply with the terms and conditions of deferment established by the Administrator pursuant to subsection (g)(2)(B). (B) Penalty.--A recipient of a scholarship who under subparagraph (A) is in breach of the recipient's contractual agreement shall be liable for payment to the United States, within 3 years, of an amount equal to-- (i) the total amount of scholarships received by such individual under this section; plus (ii) interest on the total amount of such scholarships at a rate that is equivalent to the rate of interest that would apply under section 427A of the Higher Education Authorization Act of 1965 if the scholarships were loans to cover the cost of education (as that term is used in that section). (i) Cancellation or Waiver.-- (1) In general.--Any obligation of an individual incurred under this section for service or payment shall be canceled upon the death of the individual. (2) Waiver or suspension of any obligation by administrator.--The Administrator shall by regulation provide for the partial or total waiver or suspension of any obligation of employment or payment incurred by an individual under this section (including any contractual agreement under this section), if-- (A) compliance by the individual is impossible or would involve extreme hardship to the individual; or (B) enforcement of such obligation with respect to the individual would be contrary to the best interests of the Government. (j) Report to Congress.--Not later than 2 years after the date of the enactment of this Act, and every 2 years thereafter, the Administrator shall transmit a report to the Congress that addresses each of the following: (1) The effectiveness of the National Marine Scholarship Program established under this section in increasing the number of marine science-related service professionals. (2) The effectiveness of such program in preparing scholarship recipients for temporary jobs within the Administration or other marine-related Federal agencies. (k) Deadline for Regulations.--The Administrator shall issue such regulations as are necessary to carry out this section by not later than 90 days after the date of the enactment of this Act. (l) Authorization of Appropriations.--Of the amounts authorized for each of fiscal years 2005 through 2010 for programs administered by the National Oceanic and Atmospheric Administration, $5,000,000 shall be available for the National Marine Scholarship Program established under this section.

Summary: National Marine Scholarship Act of 2005 - Directs the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to establish a National Marine Scholarship Program for graduate students in the fields of marine science. Requires scholarship recipients to agree to serve, for a certain period after their masters or doctoral program, as a full-time employee of NOAA or another Federal agency with programs related to the marine environment.


SECTION 1. SHORT TITLE. This Act may be cited as the ``DHS Paid Administrative Leave Accountability Act of 2015''. SEC. 2. DEPARTMENT OF HOMELAND SECURITY IMPROVED INTERNAL TRACKING AND REPORTING OF ADMINISTRATIVE LEAVE FOR PERSONNEL MATTERS. (a) In General.--Title I of the Homeland Security Act of 2002 (Public Law 107-296; 6 U.S.C. 101 et seq.) is amended by adding at the end the following new section: ``SEC. 104. INTERNAL TRACKING AND REPORTING OF ADMINISTRATIVE LEAVE FOR PERSONNEL MATTERS. ``(a) Internal Reporting.--Not later than 90 days after the date of the enactment of the DHS Paid Administrative Leave Accountability Act of 2015, and quarterly thereafter, the head of each component of the Department shall submit to the Chief Human Capital Officer of the Department-- ``(1) the number of employees of the component who had been on administrative leave, or any other type of paid non-duty status without charge to leave, for personnel matters for a period of 6 consecutive months or longer as of the last day of the period covered by the report; ``(2) the total cost to the component associated with such administrative leave and such paid non-duty status (including salary and benefits) for the period covered by the report; and ``(3) the average duration that employees are placed on administrative leave, or any other type of paid non-duty status without charge to leave, for personnel matters for a period of 6 consecutive months or longer, as of the last day of the period covered by the report for the component. ``(b) CHCO Tracking.--The Chief Human Capital Officer shall-- ``(1) maintain records of the number of employees of the Department who are placed on administrative leave or paid non- duty status without charge to leave for personnel matters and the costs (including salary and benefits) associated with such leave or non-duty status; and ``(2) in consultation with the head of each of the components of the Department, determine any appropriate actions to be taken by the Department to resolve any personnel matter objectively, appropriately, and expeditiously or to reduce the use of administrative leave and paid non-duty status without charge to leave in addressing any personnel matter. ``(c) Personnel Matters Defined.--In this section, the term `personnel matters' means, with respect to an employee, any personnel investigation (including any investigation into misconduct and any national security or suitability investigation), any criminal matter, or any adverse action proposed or taken by the Department, including any action under chapter 75 of title 5, United States Code. ``(d) Leverage of Existing Systems.--In carrying out this section, the Secretary is encouraged to leverage systems and operations in use on the date of enactment of the DHS Paid Administrative Leave Accountability Act of 2015 to implement the requirements of this section.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 103 the following new item: ``Sec. 104. Internal tracking and reporting of administrative leave for personnel matters.''. SEC. 3. DEPARTMENT OF HOMELAND SECURITY POLICY RELATING TO EMPLOYEES ON ADMINISTRATIVE LEAVE. By not later than 90 days after the date of the enactment of this Act, the Chief Human Capital Officer of the Department of Homeland Security shall develop and implement a Department-wide policy in accordance with existing Federal guidance specifically related to the use of administrative leave, or any other type of paid non-duty status without charge to leave, for personnel matters. Such policy shall include the responsibilities of the components of the Department for reporting information relating to such administrative leave and such paid non-duty status to the Chief Human Capital Officer, as required under section 104(a) of the Homeland Security Act of 2002 (Public Law 107-296), as added by section 2. Such policy shall provide guidance on expediting the resolution of a personnel matter for which an employee has been on administrative leave or any other type of paid non-duty status without charge to leave for a period of 6 consecutive months or longer in an objective and appropriate manner. SEC. 4. REPORTS TO CONGRESS ON DEPARTMENT OF HOMELAND SECURITY EMPLOYEES ON ADMINISTRATIVE LEAVE FOR PERSONNEL MATTERS. (a) Quarterly Reports.--Not later than 30 days after the last day of each calendar quarter of 2016, 2017, and 2018, the Chief Human Capital Officer of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the number of Department employees on administrative leave, and any other type of paid non-duty status without charge to leave, for personnel matters for a period of 6 consecutive months or longer as of the last day of the quarter covered by the report. Each such report shall include-- (1) the costs to the Department associated with the placement of such employees on administrative leave or such paid non-duty status (including salary and benefits) for the period covered by the report; and (2) a description of any actions taken by the Department to resolve any personnel matter for which an employee has been placed on administrative leave or paid non-duty status without charge to leave. (b) Personnel Matters.--In this section, the term ``personnel matters'' has the meaning given such term in section 104(c) of the Homeland Security Act of 2002 (Public Law 107- 296), as added by section 2. Passed the House of Representatives June 23, 2015. Attest: KAREN L. HAAS, Clerk.

Summary: (This measure has not been amended since it was reported to the House on June 17, 2015. DHS Paid Administrative Leave Accountability Act of 2015 (Sec. 2) Amends the Homeland Security Act of 2002 to direct the head of each component of the Department of Homeland Security (DHS), on a quarterly basis, to submit to the Chief Human Capital Officer of DHS (the Chief): (1) the number of employees who had been on administrative leave, or any other type of paid non-duty status without charge to leave, for personnel matters for six consecutive months or longer; (2) the total cost to the component associated with such leave and paid non-duty status for the quarter; and (3) the average duration that employees are placed on administrative leave, or any other type of paid non-duty status without charge to leave, for personnel matters for a period of six consecutive months or longer. Requires the Chief to: (1) maintain records of the number of such employees and the associated costs; and (2) determine appropriate actions to be taken by DHS to resolve any personnel matter objectively, appropriately, and expeditiously or to reduce the use of such leave and paid non-duty status in addressing any personnel matter. Encourages DHS to leverage systems and operations in use on the date of this Act's enactment to implement this Act's requirements. (Sec. 3) Directs the Chief to develop and implement a department-wide policy in accordance with existing federal guidance specifically related to the use of such leave or paid non-duty status for personnel matters. Requires such policy to: (1) include the responsibilities of the DHS components for reporting information relating to such administrative leave and such paid non-duty status to the Chief, and (2) provide guidance on expediting the resolution of a personnel matter for which an employee has been on administrative leave or any other type of paid non-duty status without charge to leave for a period of six consecutive months or longer in an objective and appropriate manner. (Sec. 4) Directs the Chief to submit a report after each calendar quarter of 2016-2018 on the number of DHS employees on such leave or paid non-duty status for personnel matters for six consecutive months or longer. Requires each such report to include: (1) the costs to DHS associated with the placement of such employees on administrative leave or such paid non-duty status (including salary and benefits) for the period covered by the report; and (2) a description of any actions taken by DHS to resolve any personnel matter for which an employee has been placed on administrative leave or paid non-duty status without charge to leave.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Work Made For Hire and Copyright Corrections Act of 2000''. SEC. 2. WORK MADE FOR HIRE. (a) Definition.--The definition of ``work made for hire'' contained in section 101 of title 17, United States Code, is amended-- (1) in paragraph (2), by striking ``as a sound recording,''; and (2) by inserting after paragraph (2) the following: ``In determining whether any work is eligible to be considered a work made for hire under paragraph (2), neither the amendment contained in section 1011(d) of the Intellectual Property and Communications Omnibus Reform Act of 1999, as enacted by section 1000(a)(9) of Public Law 106-113, nor the deletion of the words added by that amendment-- ``(A) shall be considered or otherwise given any legal significance, or ``(B) shall be interpreted to indicate congressional approval or disapproval of, or acquiescence in, any judicial determination, by the courts or the Copyright Office. Paragraph (2) shall be interpreted as if both section 2(a)(1) of the Work Made For Hire and Copyright Corrections Act of 2000 and section 1011(d) of the Intellectual Property and Communications Omnibus Reform Act of 1999, as enacted by section 1000(a)(9) of Public Law 106-113, were never enacted, and without regard to any inaction or awareness by the Congress at any time of any judicial determinations.''. (b) Effective Date.-- (1) Effective date.--The amendments made by this section shall be effective as of November 29, 1999. (2) Severability.--If the provisions of paragraph (1), or any application of such provisions to any person or circumstance, is held to be invalid, the remainder of this section, the amendments made by this section, and the application of this section to any other person or circumstance shall not be affected by such invalidation. SEC. 3. OTHER AMENDMENTS TO TITLE 17, UNITED STATES CODE. (a) Amendments to Chapter 7.--Chapter 7 of title 17, United States Code, is amended as follows: (1) Section 710, and the item relating to that section in the table of contents for chapter 7, are repealed. (2) Section 705(a) is amended to read as follows: ``(a) The Register of Copyrights shall ensure that records of deposits, registrations, recordations, and other actions taken under this title are maintained, and that indexes of such records are prepared.''. (3)(A) Section 708(a) is amended to read as follows: ``(a) Fees.--Fees shall be paid to the Register of Copyrights-- ``(1) on filing each application under section 408 for registration of a copyright claim or for a supplementary registration, including the issuance of a certificate of registration if registration is made; ``(2) on filing each application for registration of a claim for renewal of a subsisting copyright under section 304(a), including the issuance of a certificate of registration if registration is made; ``(3) for the issuance of a receipt for a deposit under section 407; ``(4) for the recordation, as provided by section 205, of a transfer of copyright ownership or other document; ``(5) for the filing, under section 115(b), of a notice of intention to obtain a compulsory license; ``(6) for the recordation, under section 302(c), of a statement revealing the identity of an author of an anonymous or pseudonymous work, or for the recordation, under section 302(d), of a statement relating to the death of an author; ``(7) for the issuance, under section 706, of an additional certificate of registration; ``(8) for the issuance of any other certification; and ``(9) for the making and reporting of a search as provided by section 705, and for any related services. The Register is authorized to fix fees for other services, including the cost of preparing copies of Copyright Office records, whether or not such copies are certified, based on the cost of providing the service.''. (B) Section 708(b) is amended-- (i) by striking the matter preceding paragraph (1) and inserting the following: ``(b) Adjustment of Fees.--The Register of Copyrights may, by regulation, adjust the fees for the services specified in paragraphs (1) through (9) of subsection (a) in the following manner:''; (ii) in paragraph (1), by striking ``increase'' and inserting ``adjustment''; (iii) in paragraph (2), by striking ``increase'' the first place it appears and inserting ``adjust''; and (iv) in paragraph (5), by striking ``increased'' and inserting ``adjusted''. (b) Conforming Amendment.--Section 121(a) of title 17, United States Code, is amended by striking ``sections 106 and 710'' and inserting ``section 106''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall take effect on the date of the enactment of this Act. (2) Carry-over of existing fees.--The fees under section 708(a) of title 17, United States Code, on the date of the enactment of this Act shall be the fees in effect under section 708(a) of such title on the day before such date of enactment. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Requires the Register of Copyrights to ensure that records of deposits, registrations, recordations, and other related actions taken under copyright provisions are maintained and that indexes of such records are prepared. (Currently, the Register is required to keep such records in the Copyright Office and to prepare such indexes.) Revises Copyright Office fee provisions. Authorizes the Register to adjust (currently, increase) such fees.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Colleges and Universities Faculty Loan Forgiveness Act''. SEC. 2. LOAN REPAYMENT OR CANCELLATION FOR INDIVIDUALS WHO TEACH IN TRIBAL COLLEGES OR UNIVERSITIES. (a) Perkins Loans.-- (1) Amendment.--Section 465(a) of the Higher Education Act of 1965 (20 U.S.C. 1087ee(a)) is amended-- (A) in paragraph (2)-- (i) in subparagraph (H), by striking ``or'' after the semicolon; (ii) in subparagraph (I), by striking the period and inserting ``; or''; and (iii) by adding at the end the following: ``(J) as a full-time faculty member at a Tribal College or University as defined in section 316(b).''; and (B) in paragraph (3)(A)(i), by striking ``or (I)'' and inserting ``(I), or (J)''. (2) Effective date.--The amendments made by paragraph (1) shall be effective for service performed during academic year 2005-2006 and succeeding academic years, notwithstanding any contrary provision of the promissory note under which a loan under part E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.) was made. (b) FFEL and Direct Loans.--Part G of title IV of the Higher Education Act of 1965 (20 U.S.C. 1088 et seq.) is amended by adding at the end the following: ``SEC. 493C. LOAN REPAYMENT OR CANCELLATION FOR INDIVIDUALS WHO TEACH IN TRIBAL COLLEGES OR UNIVERSITIES. ``(a) Program Authorized.--The Secretary shall carry out a program, through the holder of a loan, of assuming or canceling the obligation to repay a qualified loan amount, in accordance with subsection (b), for any new borrower on or after the date of enactment of the Tribal Colleges and Universities Faculty Loan Forgiveness Act, who-- ``(1) has been employed as a full-time faculty member at a Tribal College or University as defined in section 316(b); and ``(2) is not in default on a loan for which the borrower seeks repayment or cancellation. ``(b) Qualified Loan Amounts.-- ``(1) Percentages.--Subject to paragraph (2), the Secretary shall assume or cancel the obligation to repay under this section-- ``(A) 15 percent of the amount of all loans made, insured, or guaranteed after the date of enactment of the Tribal Colleges and Universities Faculty Loan Forgiveness Act to a student under part B or D, for the first or second year of employment described in subsection (a)(1); ``(B) 20 percent of such total amount, for the third or fourth year of such employment; and ``(C) 30 percent of such total amount, for the fifth year of such employment. ``(2) Maximum.--The Secretary shall not repay or cancel under this section more than $15,000 in the aggregate of loans made, insured, or guaranteed under parts B and D for any student. ``(3) Treatment of consolidation loans.--A loan amount for a loan made under section 428C may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a loan made, insured, or guaranteed under part B or D for a borrower who meets the requirements of subsection (a), as determined in accordance with regulations prescribed by the Secretary. ``(c) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(d) Effect on Section.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. ``(e) Prevention of Double Benefits.--No borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). ``(f) Definition.--For purposes of this section, the term `year', when applied to employment as a faculty member, means an academic year as defined by the Secretary.''. SEC. 3. LOAN REPAYMENT FOR NURSING INSTRUCTORS AT TRIBAL COLLEGES OR UNIVERSITIES. Section 846(a)(3) of the Public Health Service Act (42 U.S.C. 297n(a)(3)) is amended-- (1) by striking ``(3)'' and inserting ``(3)(A)''; (2) by inserting ``or'' after the semicolon; and (3) by adding at the end the following: ``(B) who is a nursing instructor at a tribally controlled college or university (as such term is defined in section 2 of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801), or any institution listed in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note));''. SEC. 4. AMOUNTS FORGIVEN NOT TREATED AS GROSS INCOME. The amount of any loan that is assumed or canceled under an amendment made by this Act shall not, consistent with section 108(f) of the Internal Revenue Code of 1986, be treated as gross income for Federal income tax purposes.

Summary: Tribal Colleges and Universities Faculty Loan Forgiveness Act - Amends the Higher Education Act of 1965 to provide for the cancellation of a specified percentage of the total amount of any Federal Perkins loan, Federal Family Education loan, or direct student loan for each year of employment (up to five) as a full-time faculty member at a tribal college or university if the borrower is not in default on such loan. Requires the Secretary to assume or cancel the obligation to repay: (1) 15% of the amount of all such loans made, insured, or guaranteed after enactment of this Act to a student for the first or second year of employment; (2) 20% for the third or fourth year of such employment; and (3) 30% for the fifth year. Limits the total amount of loan repayment or cancellation per student to $15,000. Allows for repayment or cancellation of consolidation loans only to the extent of the qualified student loans involved. Prohibits a borrower from receiving, for the same service, both a benefit from this Act and a benefit from the National Community Service Act of 1990. Amends the Public Health Service Act to provide for repayment by the Secretary of Health and Human Services of educational loans for nurse training costs on behalf of nursing instructors at tribal colleges or universities, or any land-grant institution listed in the Equity in Educational Land-Grant Status Act of 1994. Provides that the amount of any loan forgiven under this Act shall not be treated as gross income for federal tax purposes.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Flood Insurance Program Commitment to Policyholders and Reform Act of 2005''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the amount of the flood insurance claims resulting from Hurricane Katrina and Hurricane Rita will likely exceed the aggregate amount of all claims previously paid in the history of the national flood insurance program, and will require an increase in the program's borrowing authority; (2) flood insurance policyholders have a legitimate expectation that they will receive fair and timely compensation for losses covered under their policies; (3) substantial flooding has occurred, and will likely occur again, outside of the areas designated as the 100-year floodplain; (4) to adequately and correctly assess potential flood damage and losses in all areas on the United States, the national flood insurance program will need to update its flood maps with the latest technology; (5) the maximum coverage limits for flood insurance policies should be increased to reflect inflation and the increased cost of housing; (6) significant reforms to the national flood insurance program required in the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 have yet to be implemented; and (7) despite reforms required in the Bunning-Bereuter- Blumenauer Flood Insurance Reform Act of 2004, the national flood insurance program requires a modernized and updated administrative model to ensure that the people of the United States have continued access to flood insurance. (b) Purposes.--The purposes of this Act are-- (1) to protect the integrity of the national flood insurance program by fully funding existing legal obligations expected by existing policyholders who have paid policy premiums in return for flood insurance coverage; (2) to increase incentives for homeowners and communities to participate in the national flood insurance program and to improve oversight to ensure full participation in the program for owners of properties for which such participation is mandatory; (3) to increase awareness of homeowners of flood risks and improve the quality of information regarding such risks provided to homeowners; and (4) to better mitigate future flood damage risks through a combination of enhanced protective measures, property elevation, and buyouts of flood-prone properties. SEC. 3. STUDY REGARDING MANDATORY PURCHASE REQUIREMENT FOR 500-YEAR FLOODPLAIN AND REPORTS REGARDING FLOOD MAP MODERNIZATION. (a) Study Regarding Mandatory Purchase Requirement for 500-Year Floodplain.-- (1) In general.--The Comptroller General of the United States shall conduct a study regarding the impact, effectiveness, and feasibility of amending the provisions of the Flood Disaster Protection Act of 1973 regarding the properties that are subject to the mandatory flood insurance coverage purchase requirements under such Act to extend such requirements to all properties located in the 500-year floodplain. (2) Issues.--The study under this subsection shall assess-- (A) the regulatory, financial and economic impacts of extending such requirements on the costs of homeownership, the actuarial soundness of the national flood insurance program, the Federal Emergency Management Agency, local communities, insurance companies, and local land use; (B) the effectiveness of extending such requirements in protecting homeowners from financial loss and in protecting the financial soundness of the national flood insurance program, and the effectiveness of extending such requirements in comparison with providing for more effective enforcement of existing mandatory flood insurance purchase requirements; (C) the feasibility of extending such requirements taking into consideration the need for identifying and mapping the 500-year floodplain; (D) any liability on the part of lenders to comply with or enforce such extended requirements; (E) any burdens on building officials and flood plain managers to implement such requirements in the expanded area; (F) any increased burden on the Federal Emergency Management Agency to make determinations on exemptions to the floodplain and approval of local decisions; (G) the effects of extending such requirements on existing policy holders of flood insurance coverage for properties located in the 100-year floodplain, including the effects on continued compliance and premium rates; and (H) the effects of extending such requirements on the ability of homeowners to make renovations to their homes. (3) Report.--The Comptroller General shall submit a report to the Congress regarding the results and conclusions of the study under this subsection not later than the expiration of the 6-month period beginning on the date of the enactment of this Act. (b) Annual Flood Map Modernization Reports and Certification of Completion.-- (1) In general.--During the period that ends upon the completion by the Director of the Federal Emergency Management Agency of the updating and modernization of all floodplain areas and flood-risk zones, the Director shall submit a report annually to the Congress describing the extent to which such updating and modernization has been completed. Upon the completion of such updating, the Director shall submit to the Congress, and cause to be published in the Federal Register, a report certifying such completion. (2) Timing.--The first report under this subsection shall be submitted not later than June 30, 2006, and successive reports required under this subsection during the period referred to in paragraph (1) shall be submitted not later than June 30 of each year during such period. SEC. 4. ENFORCEMENT. Paragraph (5) of section 102(f) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) is amended-- (1) by striking ``$350'' and inserting ``$2,000''; and (2) by striking the last sentence. SEC. 5. REITERATION OF FEMA RESPONSIBILITIES UNDER 2004 REFORM ACT. (a) Appeals Process.--As directed in section 205 of the Bunning- Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (42 U.S.C. 4011 note), the Director of the Federal Emergency Management Agency is again directed to, not later than 90 days after the date of the enactment of this Act, establish an appeals process through which holders of a flood insurance policy may appeal the decisions, with respect to claims, proofs of loss, and loss estimates relating to such flood insurance policy as required by such section. (b) Minimum Training and Education Requirements.--The Director of the Federal Emergency Management Agency is directed to enforce the minimum training and education requirements for all insurance agents who sell flood insurance policies that have been established under the notice published September 1, 2005 (70 Fed. Reg. 52117) pursuant to section 207 of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (42 U.S.C. 4011 note). (c) Mitigation Programs.--Not later than the expiration of the 30- day period beginning on the date of the enactment of this Act, the Director of the Federal Emergency Management Agency shall issue regulations necessary to implement the amendments made by sections 102, 103, 104, and 105 of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (118 Stat. 714 et seq.). (d) Report.--Not later than the expiration of the 6-month period beginning on the date of the enactment of this Act, the Director of the Federal Emergency Management Agency shall submit a report to the Congress describing the implementation of each provision of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (Public Law 108-264) and identifying each regulation, order, notice, and other material issued by the Director in implementing each such provision. SEC. 6. MAXIMUM COVERAGE LIMITS. Subsection (b) of section 1306 of the National Flood Insurance Act of 1968 (42 U.S.C. 4013(b)) is amended-- (1) in paragraph (2), by striking ``$250,000'' and inserting ``$335,500''; (2) in paragraph (3), by striking ``$100,000'' and inserting ``$135,000''; and (3) in paragraph (4), by striking ``$500,000'' each place such term appears and inserting ``$670,700''. SEC. 7. COVERAGE FOR ADDITIONAL LIVING EXPENSES AND BUSINESS INTERRUPTION. Subsection (b) of section 1306 of the National Flood Insurance Act of 1968 (42 U.S.C. 4013) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(6) in the case of any residential property, each renewal or new contract for flood insurance coverage shall provide not less than $1,000 aggregate liability per dwelling unit for any necessary increases in living expenses incurred by the insured when losses from a flood make the residence unfit to live in, which coverage shall be available only at chargeable rates that are not less than the estimated premium rates for such coverage determined in accordance with section 1307(a)(1); ``(7) in the case of any residential property, coverage for additional living expenses described in paragraph (6) shall be made available to every insured upon renewal and every applicant in excess of the limits provided in paragraph (6) in such amounts and at such rates as the Director shall establish, except that such chargeable rates shall not be less than the estimated premium rates for such coverage determined in accordance with section 1307(a)(1); and ``(8) in the case of any commercial property, optional coverage for losses resulting from any partial or total interruption of the insured's business caused by damage to, or loss of, such property from a flood shall be made available to every insured upon renewal and every applicant, except that-- ``(A) for purposes of such coverage, losses shall be determined based on the profits the covered business would have earned, based on previous financial records, had the flood not occurred; and ``(B) such coverage shall be made available only at chargeable rates that are not less than the estimated premium rates for such coverage determined in accordance with section 1307(a)(1).''. SEC. 8. INCREASE IN BORROWING AUTHORITY. (a) Borrowing Authority.--The first sentence of subsection (a) of section 1309 of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)), as amended by the National Flood Insurance Program Enhanced Borrowing Authority Act of 2005 (Public Law 109-65; 119 Stat. 1998), is amended by striking ``$3,500,000,000'' and inserting ``$22,000,000,000''. (b) FEMA Report.--Not later than the expiration of the 6-month period beginning on the date of the enactment of this Act, the Director of the Federal Emergency Management Agency shall submit a report to the Congress setting forth a plan for repaying any amounts borrowed pursuant to increase in borrowing authority authorized under the amendments made by subsection (a). SEC. 9. CLARIFICATION OF REPLACEMENT COST PROVISIONS, FORMS, AND POLICY LANGUAGE. Not later than the expiration of the 3-month period beginning on the date of the enactment of this Act, the Director of the Federal Emergency Management Agency shall-- (1) issue regulations, and revise any materials made available by such Agency, to clarify the applicability of replacement cost coverage under the national flood insurance program; (2) revise any regulations, forms, notices, guidance, and publications relating to the full cost of repair or replacement under the replacement cost coverage to more clearly describe such coverage to flood insurance policyholders and information to be provided by such policyholders relating to such coverage, and to avoid providing misleading information to such policyholders; and (3) revise the language in standard flood insurance policies under such program regarding rating and coverage descriptions in a manner that is consistent with language used widely in other homeowners and property and casualty insurance policies, including such language regarding classification of buildings, basements, crawl spaces, detached garages, enclosures below elevated buildings, and replacement costs. SEC. 10. FEMA REPORTS ON FINANCIAL STATUS OF INSURANCE PROGRAM. Section 1320 of the National Flood Insurance Act of 1968 (42 U.S.C. 4027) is amended-- (1) in the section heading, by striking ``REPORT TO THE PRESIDENT'' and inserting ``REPORTS''; (2) in subsection (a), by striking ``In General'' and inserting ``Biennial Report to President'' ; and (3) by adding at the end the following new subsection: ``(c) Semiannual Reports to Congress on Financial Status.--Not later than June 30 and December 31 of each year, the Director shall submit a report to the Congress regarding the financial status of the national flood insurance program under this title. Each such report shall describe the financial status of the National Flood Insurance Fund and current and projected levels of claims, premium receipts, expenses, and borrowing under the program.''. SEC. 11. NOTICE OF AVAILABILITY OF FLOOD INSURANCE IN RESPA GOOD FAITH ESTIMATE. Subsection (c) of section 5 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2604(c)) is amended by adding at the end the following new sentence: ``Each such good faith estimate shall include a conspicuous statement that flood insurance coverage for residential real estate is generally available under the National Flood Insurance Program whether or not the real estate is located in an area having special flood hazards and that, to obtain such coverage, a home owner or purchaser should contact a hazard insurance provider.''. SEC. 12. ELIGIBILITY OF PROPERTY DEMOLITION AND REBUILDING FOR MITIGATION ASSISTANCE PROGRAM. Subparagraph (B) of section 1366(e)(5) of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c(e)(5)(B)) is amended by inserting before the semicolon at the end the following: ``, or the demolition and rebuilding of structures located in such areas to at least Base Flood Elevation or any higher elevation required by any local ordinance''. SEC. 13. AUTHORIZATION OF ADDITIONAL FEMA STAFF. Notwithstanding any other provision of law, the Director of the Federal Emergency Management Agency may employ such additional staff of such Agency as may be necessary to carry out all of the responsibilities of the Director pursuant to this Act and the amendments made by this Act. There are authorized to be appropriated to Director such sums as may be necessary for costs of employing such additional staff.

Summary: National Flood Insurance Program Commitment to Policyholders and Reform Act of 2005 - (Sec. 3) Directs the Comptroller General to study and report to Congress on whether the mandatory flood insurance coverage purchase requirements of the Flood Disaster Protection Act of 1973 should extend to properties located in the 500-year floodplain. Requires the Director of the Federal Emergency Management Agency (FEMA) to report annually to Congress on the extent to which updating and modernization of all floodplain areas and flood-risk zones has been completed. (Sec. 4) Amends the Flood Disaster Protection Act of 1973 to: (1) increase from $350 to $2,000 the civil monetary penalty for mortgage lender failures to require flood insurance; and (2) eliminate the $100,000 cap on the total amount of such penalties assessed against any single regulated lending institution or enterprise during any calendar year. (Sec. 5) Requires the FEMA Director to: (1) establish an appeals process through which holders of a flood insurance policy may appeal decisions on claims, proofs of loss, and loss estimates relating to such flood insurance policy; (2) enforce the minimum training and education requirements for insurance agents who sell certain flood insurance policies; (3) issue regulations to implement specified requirements of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004; and (4) identify for Congress each regulation, order, notice, and other material issued by the Director to implement each provision of such Act. (Sec. 6) Amends the National Flood Insurance Act of 1968 to increase the maximum flood insurance coverage limits for residential property. (Sec. 7) Prescribes coverage of additional living expenses and business interruption. (Sec. 8) Increases from $3.5 billion to $22 billion the borrowing authority vested in the Director. Requires the Director to report to Congress a plan for repaying any amounts borrowed pursuant to such increase. (Sec. 9) Instructs the Director to: (1) issue regulations and revise materials to clarify replacement cost coverage under the national flood insurance program; and (2) revise regulations, forms, notices, guidance, and publications regarding the full cost of repair or replacement under the replacement cost coverage to more clearly describe such coverage and to avoid providing misleading information to policyholders. (Sec. 10) Requires the Director to report semi-annually to Congress on the financial status of the national flood insurance program. (Sec. 11) Amends the Real Estate Settlement Procedures Act of 1974 to require a good faith estimate to include a conspicuous statement that flood insurance coverage for residential real estate is generally available under the National Flood Insurance Program whether or not the real estate is located in an area having special flood hazards and that, to obtain such coverage, a home owner or purchaser should contact a hazard insurance provider. (Sec. 12) Amends the National Flood Insurance Act of 1968 to include among eligible mitigation plan activities the demolition and rebuilding of structures located in areas having special flood hazards to at least Base Flood Elevation or any higher elevation required by any local ordinance. (Sec. 13) Authorizes the Director to employ additional FEMA staff.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Hire, Train, Retain Act of 2011''. SEC. 2. FINDINGS. The Congress finds the following: (1) As of June 2011 9.2 percent of all Americans eligible to work were unemployed, or 14.1 million people. (2) There are millions of workers who were displaced during the recent ``Great Recession'' who need to be re-trained so that they can re-integrate into the workforce. According to the bi-annual Displaced Workers Survey, the unemployment rate was 4.5 percent in 2007 before spiking to nearly 10 percent in 2010. (3) Often overlooked are the 982,000 discouraged workers, people who are not looking for work because they do not believe that they are qualified for any available jobs. (4) Paradoxically, there are enough jobs available to employ just over 20 percent of these persons--there were 3.0 million job openings on the last business day of May 2011 according to the Bureau of Labor Statistics. (5) The disconnect is that many people searching for work lack the job-specific skills that they need to be competitive for many of these vacancies. Specifically, technology is outpacing the country's current approach to job-related education and training. The difference between white collar and blue collar jobs is fading because traditionally ``blue collar jobs'' are more specialized than ever before. SEC. 3. PAYROLL TAX FORGIVENESS FOR HIRING AND TRAINING WORKERS. (a) In General.--Section 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Special Exemption for Certain Individuals Hired in Between 2011 and 2015.-- ``(1) In general.--During the period beginning on the day after the date of the enactment of this subsection and ending on December 31, 2015, subsection (a) shall not apply to wages paid by a qualified employer with respect to employment of any qualified individual for services performed-- ``(A) in a trade or business of such qualified employer, or ``(B) in the case of a qualified employer exempt from tax under section 501(a), in furtherance of the activities related to the purpose or function constituting the basis of the employer's exemption under section 501. ``(2) Qualified employer.--For purposes of this subsection-- ``(A) In general.--The term `qualified employer' means any employer other than the United States, any State, or any political subdivision thereof, or any instrumentality of the foregoing that provides a qualified job training program for or on behalf its employees. ``(B) Treatment of employees of post-secondary educational institutions.--Notwithstanding subparagraph (A), the term `qualified employer' includes any employer which is a public institution of higher education (as defined in section 101(b) of the Higher Education Act of 1965). ``(3) Qualified individual.--For purposes of this subsection, the term `qualified individual' means any individual who-- ``(A) begins employment with a qualified employer after the date of the enactment of this subsection and before January 1, 2016, ``(B) certifies by signed affidavit, under penalties of perjury, that such individual has not been employed for more than 40 hours during the 60-day period ending on the date such individual begins such employment, ``(C) certifies by signed affidavit, under penalties of perjury, that such individual has satisfactorily completed a qualified job training program, ``(D) is not employed by the qualified employer to replace another employee of such employer unless such other employee separated from employment voluntarily or for cause, and ``(E) is not an individual described in section 51(i)(1) (applied by substituting `qualified employer' for `taxpayer' each place it appears). ``(4) Qualified job training program.--For purposes of this subsection, the term `qualified job training program' means-- ``(A) a program provided by a qualified employer that is in-house and is specific training for available jobs at such employer, or ``(B) a program under which a qualified employer partners with a public institution of higher education (as defined in section 101(b) of the Higher Education Act of 1965) to provide specific training for available jobs at such employer. ``(5) Election.--A qualified employer may elect to have this subsection not apply. Such election shall be made in such manner as the Secretary may require.''. (b) Coordination With Work Opportunity Credit.--Section 51(c) of such Code is amended by adding at the end the following new paragraph: ``(6) Coordination with payroll tax forgiveness for hiring and training workers.--The term `wages' shall not include any amount paid or incurred to a qualified individual (as defined in section 3111(e)(3)) during the 1-year period beginning on the hiring date of such individual by a qualified employer (as defined in section 3111(e)) unless such qualified employer makes an election not to have section 3111(e) apply.''. (c) Transfers to Federal Old-Age and Survivors Insurance Trust Fund.--There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by subsection (a). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers that would have occurred to such Trust Fund had such amendments not been enacted. (d) Application to Railroad Retirement Taxes.-- (1) In general.--Section 3221 of the Internal Revenue Code of 1986 is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ``(d) Special Rate for Certain Individuals Hired in Between 2011 and 2015.-- ``(1) In general.--In the case of compensation paid by a qualified employer during the period beginning on the day after the date of the enactment of this subsection and ending on December 31, 2015, with respect to having a qualified individual in the employer's employ for services rendered to such qualified employer, the applicable percentage under subsection (a) shall be equal to the rate of tax in effect under section 3111(b) for the calendar year. ``(2) Qualified employer.--For purposes of this subsection, the term `qualified employer' means any employer other than the United States, any State, or any political subdivision thereof, or any instrumentality of the foregoing that provides a qualified job training program for or on behalf its employees. ``(3) Qualified individual.--For purposes of this subsection, the term `qualified individual' means any individual who-- ``(A) begins employment with a qualified employer after the date of the enactment of this subsection and before January 1, 2016, ``(B) certifies by signed affidavit, under penalties of perjury, that such individual has not been employed for more than 40 hours during the 60-day period ending on the date such individual begins such employment, ``(C) certifies by signed affidavit, under penalties of perjury, that such individual has satisfactorily completed a qualified job training program, ``(D) is not employed by the qualified employer to replace another employee of such employer unless such other employee separated from employment voluntarily or for cause, and ``(E) is not an individual described in section 51(i)(1) (applied by substituting `qualified employer' for `taxpayer' each place it appears). ``(4) Qualified job training program.--For purposes of this subsection, the term `qualified job training program' means-- ``(A) a program provided by a qualified employer that is in-house and is specific training for available jobs at such employer, or ``(B) a program under which a qualified employer partners with a public institution of higher education (as defined in section 101(b) of the Higher Education Act of 1965) to provide specific training for available jobs at such employer. ``(5) Election.--A qualified employer may elect to have this subsection not apply. Such election shall be made in such manner as the Secretary may require.''. (2) Transfers to social security equivalent benefit account.--There are hereby appropriated to the Social Security Equivalent Benefit Account established under section 15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(a)) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by paragraph (1). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Account had such amendments not been enacted. (e) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this subsection shall apply to wages paid after the date of the enactment of this Act. (2) Railroad retirement taxes.--The amendments made by subsection (d) shall apply to compensation paid after the date of the enactment of this Act. SEC. 4. BUSINESS CREDIT FOR RETENTION OF CERTAIN NEWLY HIRED INDIVIDUALS IN 2011. (a) In General.--In the case of any taxable year ending after the date of the enactment of this Act, the current year business credit determined under section 38(b) of the Internal Revenue Code of 1986 for such taxable year shall be increased, with respect to each retained worker with respect to which subsection (b)(2) is first satisfied during such taxable year, by the lesser of-- (1) $1,000, or (2) 6.2 percent of the wages (as defined in section 3401(a) of such Code) paid by the taxpayer to such retained worker during the 52 consecutive week period referred to in subsection (b)(2). (b) Retained Worker.--For purposes of this section, the term ``retained worker'' means any qualified individual (as defined in section 3111(e)(3) or section 3221(d)(3) of the Internal Revenue Code of 1986)-- (1) who was employed by the taxpayer on any date during the taxable year, (2) who was so employed by the taxpayer for a period of not less than 52 consecutive weeks, and (3) whose wages (as defined in section 3401(a)) for such employment during the last 26 weeks of such period equaled at least 80 percent of such wages for the first 26 weeks of such period. (c) Employer Staffing and Payroll Must Increase.--No amount shall be allowed as a credit under this section to an employer for a taxable year unless the employer has a net increase for the taxable year in those who work at least 20 hours per week for the employer during the taxable year and the amount of its payroll during the taxable year. (d) Limitation on Carrybacks.--No portion of the unused business credit under section 38 of the Internal Revenue Code of 1986 for any taxable year which is attributable to the increase in the current year business credit under this section may be carried to a taxable year beginning before the date of the enactment of this section. (e) Treatment of Possessions.-- (1) Payments to possessions.-- (A) Mirror code possessions.--The Secretary of the Treasury shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of the application of this section (other than this subsection). Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (B) Other possessions.--The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of the application of this section (other than this subsection) if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments to the residents of such possession. (2) Coordination with credit allowed against united states income taxes.--No increase in the credit determined under section 38(b) of the Internal Revenue Code of 1986 against United States income taxes for any taxable year determined under subsection (a) shall be taken into account with respect to any person-- (A) to whom a credit is allowed against taxes imposed by the possession by reason of this section for such taxable year, or (B) who is eligible for a payment under a plan described in paragraph (1)(B) with respect to such taxable year. (3) Definitions and special rules.-- (A) Possession of the united states.--For purposes of this subsection, the term ``possession of the United States'' includes the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands. (B) Mirror code tax system.--For purposes of this subsection, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (C) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, rules similar to the rules of section 1001(b)(3)(C) of the American Recovery and Reinvestment Tax Act of 2009 shall apply.

Summary: Hire, Train, Retain Act of 2011 - Amends the Internal Revenue Code to: (1) allow non-governmental employers an exemption from, or reduction in, employment taxes during the period beginning on the enactment of this Act and ending on December 31, 2015, for hiring certain unemployed individuals who are trained by such employers in a qualified job training program (an in-house program providing specific training for available jobs offered by such employers), and (2) allow an employer an increase in the business-related tax credit for each worker retained by such employer who was employed on any date during the taxable year for a period of not less than 52 consecutive weeks.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayers' Cancer Research Funding Act of 1996''. SEC. 2. DESIGNATION OF INCOME TAX PAYMENTS TO BREAST AND PROSTATE CANCER RESEARCH FUND. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information and returns) is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF INCOME TAX PAYMENTS TO BREAST AND PROSTATE CANCER RESEARCH FUND ``Sec. 6098. Designation to Breast and Prostate Cancer Research Fund. ``SEC. 6098. DESIGNATION TO BREAST AND PROSTATE CANCER RESEARCH FUND. ``(a) In General.--Every individual (other than a nonresident alien) whose adjusted income tax liability for the taxable year is $5 or more may designate that $5 shall be paid over to the Breast and Prostate Cancer Research Fund in accordance with the provisions of section 9512. In the case of a joint return of husband and wife having an adjusted income tax liability of $10 or more, each spouse may designate that $5 shall be paid to the fund. ``(b) Adjusted Income Tax Liability.--For purposes of subsection (a), the term `adjusted income tax liability' means, for any individual for any taxable year, the excess (if any) of-- ``(1) the income tax liability (as defined in section 6096(b)) of the individual for the taxable year, over ``(2) any amount designated by the individual (and, in the case of a joint return, any amount designated by the individual's spouse) under section 6096(a) for such taxable year. ``(c) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year-- ``(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or ``(2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature.'' (b) Breast and Prostate Cancer Research Fund.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to establishment of trust funds) is amended by adding at the end the following new section: ``SEC. 9512. BREAST AND PROSTATE CANCER RESEARCH FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Breast and Prostate Cancer Research Fund', consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Breast and Prostate Cancer Research Fund amounts equivalent to the amounts designated under section 6098. ``(c) Expenditures.--Amounts in the Breast and Prostate Cancer Research Fund shall be available, as provided in appropriation Acts, for purposes of making qualified research grants, to the extent that such amounts exceed the aggregate of all Federal administrative costs attributable to the implementation of section 6098, subsections (a) and (b) of this section, and (with respect to such fund) section 9602. Such amounts shall be used to supplement, not supplant, existing funding for research with respect to breast and prostate cancer. ``(d) Qualified Research Grants.-- ``(1) In general.--For purposes of subsection (c), the term `qualified research grant' means a grant, to a qualified person selected by the National Cancer Institute of the National Institutes of Health by qualified peer review, for the purpose of conducting research with respect to breast or prostate cancer. Such a grant shall be administered by such National Cancer Institute and the amount of such grant shall be determined by such Institute. ``(2) Qualified peer review.--For purposes of paragraph (1), the term `qualified peer review' means peer review described in sections 492 and 492A of the Public Health Service Act.'' (c) Clerical Amendments.-- (1) The table of parts for subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Part IX. Designation of income tax payments to Breast and Prostate Cancer Research Fund.'' (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. Breast and Prostate Cancer Research Fund.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995.

Summary: Taxpayers' Cancer Research Funding Act of 1996 - Amends the Internal Revenue Code to allow certain individuals to designate that five dollars (ten dollars in the case of joint returns) be paid over to the Breast and Prostate Cancer Research Fund. Establishes a trust fund to be known as the Breast and Prostate Cancer Research Fund into which such designated amounts shall be deposited.


SECTION 1. SHORT TITLE. This Act may be cited as the ``MediFair Act of 2002''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Regional inequities in medicare reimbursement has created barriers to care for seniors and the disabled. (2) The regional inequities in medicare reimbursement penalize States that have cost-effective health care delivery systems and rewards those States with high utilization rates and that provide inefficient care. (3) Over a lifetime, those inequities can mean as much as a $50,000 difference in the cost of care provided per beneficiary. (4) Regional inequities have resulted in creating very different medicare programs for seniors and the disabled based on where they live. (5) Because the Medicare+Choice rate is based on the fee- for-service reimbursement rate, regional inequities have allowed some medicare beneficiaries access to plans with significantly more benefits including prescription drugs. Beneficiaries in States with lower reimbursement rates have not benefited to the same degree as beneficiaries in other parts of the country. (6) Regional inequities in medicare reimbursement have created an unfair competitive advantage for hospitals and other health care providers in States that receive above average payments. Higher payments mean that those providers can pay higher salaries in a tight, competitive market. (7) Regional inequities in medicare reimbursement can limit timely access to new technology for beneficiaries in States with lower reimbursement rates. (8) Regional inequities in medicare reimbursement, if left unchecked, will reduce access to medicare services and impact healthy outcomes for beneficiaries. (9) Regional inequities in medicare reimbursement are not just a rural versus urban problem. Many States with large urban centers are at the bottom of the national average for per beneficiary costs. SEC. 3. IMPROVING FAIRNESS OF PAYMENTS TO PROVIDERS UNDER THE MEDICARE FEE-FOR-SERVICE PROGRAM. Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following new section: ``improving payment equity under the original medicare fee-for-service program ``Sec. 1897. (a) Establishment of System.--Notwithstanding any other provision of law, the Secretary shall establish a system for making adjustments to the amount of payment made to entities and individuals for items and services provided under the original medicare fee-for-service program under parts A and B. ``(b) System Requirements.-- ``(1) Increase for states below the national average.-- Under the system established under subsection (a), if a State average per beneficiary amount for a year is less than the national average per beneficiary amount for such year, then the Secretary (beginning in 2003) shall increase the amount of applicable payments in such a manner as will result (as estimated by the Secretary) in the State average per beneficiary amount for the subsequent year being equal to the national average per beneficiary amount for such subsequent year. ``(2) Reduction for certain states above the national average to enhance quality care and maintain budget neutrality.-- ``(A) In general.--The Secretary shall ensure that the increase in payments under paragraph (1) does not cause the estimated amount of expenditures under this title for a year to increase or decrease from the estimated amount of expenditures under this title that would have been made in such year if this section had not been enacted by reducing the amount of applicable payments in each State that the Secretary determines has-- ``(i) a State average per beneficiary amount for a year that is greater than the national average per beneficiary amount for such year; and ``(ii) healthy outcome measurements or quality care measurements that indicate that a reduction in applicable payments would encourage more efficient use of, and reduce overuse of, items and services for which payment is made under this title. ``(B) Limitation.--The Secretary shall not reduce applicable payments under subparagraph (A) to a State that-- ``(i) has a State average per beneficiary amount for a year that is greater than the national average per beneficiary amount for such year; and ``(ii) has healthy outcome measurements or quality care measurements that indicate that the applicable payments are being used to improve the access of beneficiaries to quality care. ``(3) Determination of averages.-- ``(A) State average per beneficiary amount.--Each year (beginning in 2002), the Secretary shall determine a State average per beneficiary amount for each State which shall be equal to the Secretary's estimate of the average amount of expenditures under the original medicare fee-for-service program under parts A and B for the year for a beneficiary enrolled under such parts that resides in the State. ``(B) National average per beneficiary amount.-- Each year (beginning in 2002), the Secretary shall determine the national average per beneficiary amount which shall be equal to the average of the State average per beneficiary amount determined under subparagraph (A) for the year. ``(4) Definitions.--In this section: ``(A) Applicable payments.--The term `applicable payments' means payments made to entities and individuals for items and services provided under the original medicare fee-for-service program under parts A and B to beneficiaries enrolled under such parts that reside in the State. ``(B) State.--The term `State' has the meaning given such term in section 210(h). ``(c) Beneficiaries Held Harmless.--The provisions of this section shall not affect-- ``(1) the entitlement to items and services of a beneficiary under this title, including the scope of such items and services; or ``(2) any liability of the beneficiary with respect to such items and services. ``(d) Regulations.-- ``(1) In general.--The Secretary, in consultation with the Medicare Payment Advisory Commission, shall promulgate regulations to carry out this section. ``(2) Protecting rural communities.--In promulgating the regulations pursuant to paragraph (1), the Secretary shall give special consideration to rural areas.''. SEC. 4. MEDPAC RECOMMENDATIONS ON HEALTHY OUTCOMES AND QUALITY CARE. (a) Recommendations.--The Medicare Payment Advisory Commission established under section 1805 of the Social Security Act (42 U.S.C. 1395b-6) shall develop recommendations on policies and practices that, if implemented, would encourage-- (1) healthy outcomes and quality care under the medicare program in States with respect to which payments are reduced under section 1897(b)(2) of such Act (as added by section 3); and (2) the efficient use of payments made under the medicare program in such States. (b) Submission.--Not later than the date that is 9 months after the date of enactment of this Act, the Commission shall submit to Congress the recommendations developed under subsection (a).

Summary: MediFair Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to establish a system for making adjustments to the amount of payment to entities and individuals for items and services provided under the original Medicare fee-for-service program under Medicare parts A (Hospital Insurance) and B (Supplementary Medical Insurance) for the stated purpose of improving payment equity under such program.Directs the Medicare Payment Advisory Commission to develop recommendations for Congress on policies and practices that, if implemented, would encourage: (1) healthy outcomes and quality care under the Medicare program in States with respect to which payments are reduced under the system under this Act; and (2) the efficient use of payments made under the Medicare program in such States.