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SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Energy Nanoscale Science and Engineering Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The emerging fields of nanoscience and nanoengineering address the ability to create materials with fundamentally new compositions by prepositioning atoms within an overall molecular composition. (2) The ability of the United States to respond to the energy and economic challenges of the 21st century will be driven by science and technology. Nanoscience and nanoengineering will enable the United States to develop new technologies for energy exploration and production, for monitoring energy infrastructure, for increasing energy efficiency in end-use application, and for developing new technologies applicable to other Department of Energy statutory missions. These advances will also enhance the strength of U.S. science, technology, and medicine generally. (3) The fundamental intellectual challenges inherent in nanoscience and nanoengineering are considerable, and require public support for basic and applied research and development. Significant advances in areas such as the self-assembly of atom clusters will be required before nanoscience or nanoengineering will be useful to the energy or manufacturing industries. (4) The development of new scientific instruments will also be required to advance nanoscience and nanoengineering. Such instruments are likely to be large and costly. Specialized facilities are also likely to be required in order to advance the field and to realize its promise. Such facilities will be sufficiently expensive that they will have to be located and constructed on a centralized basis, similar to a number of unique facilities already managed by the Department of Energy. (5) Contributions from individual researchers as well as multidisciplinary research teams will be required to advance nanoscience and nanoengineering. (6) The Department of Energy's Office of Science is well suited to manage nanoscience and nanoengineering research and development for the Department. Through its support of research and development pursuant to the Department's statutory authorities, the Office of Science is the principal federal supporter of the research and development in the physical and computational sciences. The Office is also a significant source of federal support for research in genomics and the life sciences. The Office supports research and development by individual investigators and multidisciplinary teams, and manages special user facilities that serve investigators in both university and industry. SEC. 3. DEPARTMENT OF ENERGY PROGRAM. (a) Establishment.--The Secretary of Energy, through the Office of Science of the Department of Energy, shall support a program of research and development in nanoscience and nanoengineering consistent with the Department's statutory authorities related to research and development. The program shall include efforts to further the understanding of the chemistry, physics, materials science and engineering of phenomena on the scale of 1 to 100 nanometers. (b) Duties of the Office of Science.--In carrying out the program under this Act, the Director of the Office of Science shall-- (1) support both individual investigators and multidisciplinary teams of investigators; (2) pursuant to subsection (c), develop, plan, construct, acquire, or operate special equipment or facilities for the use of investigators conducting research and development in nanoscience and nanoengineering; (3) support technology transfer activities to benefit industry and other users of nanoscience and nanoengineering; and (4) coordinate research and development activities with industry and other federal agencies. (c) Nanoscience and Nanoengineering Research Centers and Major Instrumentation.-- (1) Authorization.--Within the funds authorized to be appropriated pursuant to this Act, the amounts specified under section 4(b) shall, subject to appropriations, be available for projects to develop, plan, construct, acquire, or operate special equipment, instrumentation, or facilities for investigators conducting research and development in nanoscience and nanoengineering. (2) Projects.--Projects under paragraph (1) may include the measurement of properties at the scale of 1 to 100 nanometers, manipulation at such scales, and the integration of technologies based on nanoscience or nanoengineering into bulk materials or other technologies. (3) Facilities.--Facilities under paragraph (1) may include electron microcharacterization facilities, microlithography facilities, scanning probe facilities and related instrumentation. (4) Collaboration.--The Secretary shall encourage collaborations among universities, laboratories and industry at facilities under this subsection. At least one Departmental facility under this subsection shall have a specific mission of technology transfer to other institutions and to industry. (d) Merit Review Required.--All grants, contracts, cooperative agreements, or other financial assistance awards under this Act shall be made only after independent merit review. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Total Authorization.--The following sums are authorized to be appropriated to the Secretary of Energy, to remain available until expended, for the purposes of carrying out this Act: (1) $160,000,000 for fiscal year 2002. (2) $270,000,000 for fiscal year 2003. (3) $290,000,000 for fiscal year 2004. (4) $310,000,000 for fiscal year 2005. (5) $330,000,000 for fiscal year 2006. (b) Nanoscience and Nanoengineering Research Centers and Major Instrumentation.--Of the funds under subsection (a), the following sums are authorized to be appropriated to carry out section 3(c): (1) $55,000,000 for fiscal year 2002. (2) $135,000,000 for fiscal year 2003. (3) $150,000,000 for fiscal year 2004. (4) $120,000,000 for fiscal year 2005. (5) $100,000,000 for fiscal year 2006.

Requires the Director of the Office of Science to: (1) support individual investigators and multidisciplinary teams of investigators conducting R&D in nanoscience and nanoengineering; (2) develop, plan, construct, acquire, or operate special equipment or facilities for the use of such investigators; (3) support technology transfer activities to benefit industry and other users of nanoscience and nanoengineering; and (4) coordinate such R&D activities with industry and other Federal agencies.

SECTION 1. INSPECTOR GENERAL STUDY. (a) Study.--The Inspector General of the Federal Deposit Insurance Corporation (FDIC) shall conduct a comprehensive study on the impact of the failure of insured depository institutions. (b) Definitions.--For purposes of this Act-- (1) the term ``insured depository institution'' has the meaning given such term in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)); and (2) the term ``private equity company'' has the meaning given the terms ``hedge fund'' and ``private equity fund'' in section 13(h)(2) of the Bank Holding Company Act of 1956 (12 U.S.C. 1851(h)(2)). (c) Matters To Be Studied.--In conducting the study under this section, the Inspector General shall address the following: (1) Loss-sharing agreements.--The effect of loss-sharing agreements (LSAs), including-- (A) the impact of loss-sharing on the insured depository institutions that survive and the borrowers of insured depository institutions that fail, including-- (i) the impact on the rate of loan modifications and adjustments; (ii) whether more types of loans (such as commercial (including land development and 1- to 4-family residential and commercial construction loans), residential, or small business loans) could be modified with fewer LSAs, or if LSAs could be phased out altogether; (iii) the FDIC's policies and procedures for monitoring LSAs, including those designed to ensure institutions are not imprudently selling assets at a depressed value; (iv) the impact on the availability of credit; and (v) the impact on loans with participation agreements outstanding with other insured depository institutions; (B) the FDIC's policies and procedures for terminating LSAs and mitigating the risk of acquiring institutions having substantial assets remaining in their portfolio when the LSAs are due to expire; (C) the extent to which LSAs provide incentives for loan modifications and other means of increasing the probability of commercial assets being considered ``performing''; (D) the nature and extent of differences for modifying residential assets and working out commercial real estate under LSAs; and (E) methods of ensuring the orderly end of expiring LSAs to prevent any adverse impact on borrowing, real estate industry and the Depositors Insurance Fund. (2) Losses.--The significance of losses, including-- (A) the number of insured depository institutions that have been placed into receivership or conservatorship due to significant losses arising from loans for which all payments of principal, interest, and fees were current, according to the contractual terms of the loans; (B) the impact of significant losses arising from loans for which all payments of principal, interest, and fees were current, according to the contractual terms of the loans, on the ability of insured depository institutions to raise additional capital; (C) the effect of changes in the application of fair value accounting rules and other accounting standards, including the allowance for loan and lease loss methodology, on insured depository institutions, specifically the degree to which fair value accounting rules and other accounting standards have led to regulatory action against banks, including consent orders and closure of the institution; and (D) whether field examiners are using appropriate appraisal procedures with respect to losses arising from loans for which all payments of principal, interest, and fees were current, according to the contractual terms of the loans, and whether the application of appraisals leads to immediate write downs on the value of the underlying asset. (3) Appraisals.-- (A) The number of insured depository institutions placed into receivership or conservatorship due to asset write-downs and the policies and procedures for evaluating the adequacy of an insured depository institution's allowance for loan and lease losses. (B) The policies and procedures examiners use for evaluating the appraised values of property securing real estate loans and the extent to which those policies and procedures are followed. (C) FDIC field examiner implementation of guidance issued December 2, 2010, titled ``Agencies Issue Final Appraisal and Evaluation Guidelines''. (4) Capital.-- (A) The factors that examiners use to assess the adequacy of capital at insured depository institutions, including the extent to which the quality and risk profile of the insured institution's loan portfolio is considered in the examiners' assessment. (B) The number of applications received by the FDIC from private capital investors to acquire insured depository institutions in receivership, the factors used by the FDIC in evaluating the applications, and the number of applications that have been approved or not approved, including the reasons pertaining thereto. (C) The policies and procedures associated with the evaluation of potential private investments in insured depository institutions and the extent to which those policies and procedures are followed. (5) Workouts.--The success of FDIC field examiners in implementing FDIC guidelines titled ``Policy Statement on Prudent Commercial Real Estate Loan Workouts'' (October 31, 2009) regarding workouts of commercial real estate, including-- (A) whether field examiners are using the correct appraisals; and (B) whether there is any difference in implementation between residential workouts and commercial (including land development and 1- to 4-family residential and commercial construction loans) workouts. (6) Orders.--The application and impact of consent orders and cease and desist orders, including-- (A) whether such orders have been applied uniformly and fairly across all insured depository institutions; (B) the reasons for failing to apply such orders uniformly and fairly when such failure occurs; (C) the impact of such orders on the ability of insured depository institutions to raise capital; (D) the impact of such orders on the ability of insured depository institutions to extend or modify credit to existing and new borrowers; and (E) whether individual insured depository institutions have improved enough to have such orders removed. (7) FDIC policy.--The application and impact of FDIC policies, including-- (A) the impact of FDIC policies on the investment in insured depository institutions, especially in States where more than 10 such institutions have failed since 2008; (B) whether the FDIC fairly and consistently applies capital standards when an insured depository institution is successful in raising private capital; and (C) whether the FDIC steers potential investors away from insured depository institutions that may be in danger of being placed in receivership or conservatorship. (8) Private equity companies.--The FDIC's handling of potential investment from private equity companies in insured depository institutions, including-- (A) the number of insured depository institutions that have been approved to receive private equity investment by the FDIC; (B) the number of insured depository institutions that have been rejected from receiving private equity investment by the FDIC; and (C) the reasons for rejection of private equity investment when such rejection occurs. (d) Report.--Not later than 1 year after the date of the enactment of this Act, the Inspector General shall submit to Congress a report-- (1) on the results of the study conducted pursuant to this section; and (2) any recommendations based on such study. (e) Coordination Between FDIC IG, Treasury IG, and Federal Reserve IG.--In carrying out this section, the Inspector General of the FDIC shall consult with the Inspectors General of the Treasury and of the Federal Reserve System, and such Inspectors General shall provide any documents or other material requested by the Inspector General of the FDIC in order to carry out this section. SEC. 2. CONGRESSIONAL TESTIMONY. The Inspector General of the Federal Deposit Insurance Corporation and the Comptroller General of the United States shall appear before the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, not later than 150 days after the date of publication of the study required under this Act to discuss the outcomes and impact of Federal regulations on bank examinations and failures. SEC. 3. GAO STUDY. (a) Study.--The Comptroller General of the United States shall carry out a study on the following: (1) The causes of high levels of bank failures in States with 10 or more failures since 2008. (2) The procyclical impact of fair value accounting standards. (3) The causes and potential solutions for the ``vicious cycle'' of loan write downs, raising capital, and failures. (4) An analysis of the community impact of bank failures. (5) The feasibility and overall impact of loss share agreements. (b) Report.--Not later than the end of the 1-year period beginning on the date of the enactment of this Act, the Comptroller General shall issue a report to the Congress on the study carried out pursuant to subsection (a). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(Sec. 1) Directs the Inspector General (IG) of the Federal Deposit Insurance Corporation (FDIC) to study the impact of the failure of insured depository institutions. Prescribes study details, including: (1) the impact of loss-sharing agreements (LSAs) upon the insured depository institutions that survive and the borrowers of those insured depository institutions that fail; (2) FDIC policies and procedures for monitoring LSAs, including those designed to ensure that institutions are not imprudently selling assets at a depressed value; (3) FDIC policies and procedures for terminating LSAs and mitigating the risk of acquiring institutions having substantial assets remaining in their portfolio when the LSAs are due to expire; (4) methods of ensuring the orderly end of expiring LSAs to prevent adverse impacts upon either borrowing, the real estate industry, or the Depositors Insurance Fund; (5) the significance of losses; and (6) the number of insured depository institutions placed into either receivership or conservatorship due to significant losses arising from loans for which all payments of principal, interest, and fees (payments) were current, under the contract. Requires the study to examine: (1) the impact of significant losses arising from loans for which all payments were current on the ability of insured depository institutions to raise additional capital; (2) the degree to which fair value accounting rules and other accounting standards have led to regulatory action against banks; and (3) whether field examiners use appropriate appraisal procedures with respect to losses arising from loans for which all payments were current and whether the application of appraisals leads to immediate write downs on the value of the underlying asset. Requires the study also to cover: (1) the policies and procedures for evaluating the adequacy of an insured depository institution's allowance for loan and lease losses, (2) examiners' policies and procedures for evaluating appraised values of property securing real estate loans, (3) examiners' implementation of specified FDIC guidelines, (4) factors examiners use to assess the adequacy of capital at insured depository institutions, (5) the factors used by the FDIC in evaluating applications of private capital investors to acquire insured depository institutions in receivership, and (6) the extent to which policies and procedures associated with the evaluation of potential private investments in insured depository institutions are followed. Requires such study also to address: (1) the success of FDIC field examiners in implementing specified FDIC guidelines governing workouts of commercial real estate loans, (2) the application and impact of consent orders and cease and desist orders, (3) the application and impact of FDIC policies, and (4) the FDIC's handling of potential investment from private equity companies in insured depository institutions. Requires the Inspectors General of the U.S. Treasury and of the Federal Reserve System to provide any material requested by the IG order to implement this Act. (Sec. 2) Directs the FDIC IG and the Comptroller General (GAO) to appear before certain congressional committees within 150 days after publication of the study required by this Act to discuss the outcomes and impact of federal regulations on bank examinations and failures. (Sec. 3) Directs the GAO to study: (1) the causes of bank failures in states with 10 or more failures since 2008; (2) the procyclical impact of fair value accounting standards; (3) the causes and potential solutions for the "vicious cycle" of loan write downs, raising capital, and failures; (4) the impact of bank failures upon the community; and (5) the feasibility and overall impact of LSAs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Program for Offshore Wind Energy Research and Development Act of 2010'' or the ``POWERED Act of 2010''. SEC. 2. FINDINGS. Congress finds that-- (1) as of the date of enactment of this Act, there are no installed offshore wind power projects in the United States; (2) according to the Eastern Wind Integration and Transmission Study, high penetrations of wind generation are technically feasible with the expansion of transmission infrastructure; and (3) to generate 20 percent of the electricity generation of the United States from wind by 2030, as described in the report entitled ``20 Percent Wind Energy by 2030'' and prepared by the Secretary, technological advances for offshore wind power will be required to enable cost reduction and performance improvement. SEC. 3. DEFINITIONS. In this Act: (1) Offshore wind power.--The term ``offshore wind power'' means the generation of electricity from the deployment of wind turbines in the Great Lakes and other inland navigable waters or in coastal waters of the United States, including the territorial sea, the exclusive economic zone, and the outer Continental Shelf. (2) Program.--The term ``Program'' means the Offshore Wind Power Research and Development Program established under section 5. (3) Roadmap.--The term ``roadmap'' means an integrated plan for achieving a substantial economically self-supporting offshore wind power industry in the United States during the near-term period of up to 2 years, the mid-term period of up to 7 years, and long-term period of up to 10 years beginning on the date of enactment of this Act. (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 4. ROADMAP TO AN OFFSHORE WIND POWER FUTURE. (a) In General.--Not later than 120 days after the date of enactment of this Act, in accordance with subsection (c), the Secretary shall initiate the development of a comprehensive roadmap to assist and coordinate offshore wind power implementation efforts. (b) Components.--At a minimum, the roadmap shall include-- (1) a compilation and synthesis of the previous analyses that have been conducted in the United States examining the potential for offshore wind power; (2)(A) an assessment of the technological advances and research needed to make offshore wind power turbines more cost competitive (both in initial installation and in ongoing maintenance); and (B) recommendations on Federal support to promote research and demonstration projects (including deepwater facilities) to achieve the advances; (3)(A) an assessment of the various policy supports that would promote the United States marketplace for offshore wind power energy, taking into consideration best practices from international programs, including-- (i) feed-in tariff programs; (ii) grid access policies; (iii) support to improve the transmission capacity of the electrical grid to absorb power from large offshore wind energy projects; (iv) policies for streamlining project approval and contractual agreements; and (v) domestic content requirements for wind farm developers; and (B) recommendations on Federal and State policies that should be enacted to prudently promote offshore wind power in the United States; (4)(A) an assessment of the offshore wind power permitting system (including the requirements for securing permits for both inland and coastal waters); and (B) recommendations on appropriate administrative and regulatory changes to encourage and streamline offshore wind power development in the United States while responsibly safeguarding the public interests and environmental considerations; (5) an assessment of the resources that will be required to develop the infrastructure necessary to build offshore wind power farms, including-- (A)(i) an assessment of the suitability of the United States fleet for installation of offshore wind power turbines and associated foundations and transmission lines; and (ii) an examination of the costs and technology for alternative designs of ships and barges that may need to be constructed (including potential domestic suppliers of the ships and barges); (B) an assessment of dock, crane, and laydown requirements for building offshore wind power and the capabilities of United States ports relative to those requirements (including associated costs of any necessary expansions); and (C)(i) an assessment of specific skill-sets of personnel needed to install and maintain offshore wind power in the United States; (ii) an estimate of the required quantities of workers required to keep pace with the anticipated expansion of the domestic offshore wind power market; and (iii) a description of training and curricula required to produce the necessary workforce; (6) an assessment of-- (A) the manner in which winter ice flows affect offshore wind power turbine towers; and (B) the necessary technology (including costs) to mitigate any potential negative impacts; (7) an assessment of the various domestic manufacturing entities that can be involved in supplying offshore wind power turbines and components, including the necessary capital required to convert the existing operations of the entities to support the offshore wind power industry; (8) an assessment of-- (A) the energy storage requirements that may be needed to establish offshore wind installations; and (B) the supply chain availability of current technologies to meet the energy storage requirements; and (9) an assessment of-- (A) freshwater offshore wind potential; and (B) deepwater offshore wind potential, including-- (i) designs of floating offshore wind turbine systems; (ii) manufacturing and deployment logistics; and (iii) suitable locations for demonstration projects. (c) Consultation Requirements.--In carrying out subsection (b), the Secretary shall-- (1) in consultation with the Secretary of the Interior, carry out subsection (b)(4); and (2) in consultation with the Secretary of Commerce, carry out subsection (b)(6). (d) Report.--Not later than 180 days after the enactment of this Act, the Secretary shall submit a report that describes the roadmap and makes any recommendations to-- (1) the Committee on Energy and Natural Resources of the Senate; (2) the Committee on Environment and Public Works of the Senate; (3) the Committee on Commerce, Science, and Transportation of the Senate; (4) the Committee on Energy and Commerce of the House of Representatives; (5) the Committee on Natural Resources of the House of Representatives; and (6) the Committee on Transportation and Infrastructure of the House of Representatives. SEC. 5. OFFSHORE WIND POWER RESEARCH AND DEVELOPMENT PROGRAM. (a) In General.--Not later than 120 days after the date of enactment of this Act, in accordance with subsection (e), the Secretary shall establish the Offshore Wind Power Research and Development Program to assist and coordinate offshore wind power analysis and offshore wind power implementation efforts consistent with the roadmap developed under section 4. (b) Research, Development, and Demonstration Centers.-- (1) In general.--Under the Program, in accordance with paragraph (2), the Secretary shall award, on a competitive basis with an emphasis on technical merit, grants to academic institutions or industry-academic consortia to establish 2 or more national offshore wind centers. (2) Selection.--In selecting academic institutions or industry-academic consortia, the Secretary shall ensure that-- (A) not less than 1 national offshore wind center focuses on transitional depth and deepwater floating offshore wind energy technologies; and (B) not less than 1 national offshore wind center focuses on shallow water offshore wind energy technologies. (c) Grants.-- (1) In general.--Under the Program, the Secretary shall award grants to States, academic institutions, and industry- academic consortia to conduct coordinated, cohesive offshore wind power analysis, research, and development projects consistent with the roadmap developed under section 4. (2) Use of department of energy investments.--In carrying out paragraph (1), the Secretary shall, to the maximum extent practicable, leverage investments of the Department of Energy relating to the activities described in that paragraph. (d) Scope of Activities To Be Proposed.--The Secretary shall request proposals for projects under this section for carrying out 1 or more of the following activities: (1) Development of alternative State policies for orderly use of offshore wind power in State power planning, including State incentives for development. (2) Quantitative estimation of the offshore wind power resource, including-- (A) wind directions and strengths (including wind speed frequency distribution at technologically significant heights, analyzed with the wind speed average and turbulence intensity); (B) bathymetry; (C) waves and currents; (D) seasonal air and water temperature distributions; (E) potential ice formation in the water and on the blades; (F) marine and lacustrine geology studies; (G) the earthquake potential of the area; (H) potential points for grid connection according to current and future grid power evacuation and wind farm power; and (I) exclusion of competing uses. (3) Analysis of offshore wind power to formulate recommendations for interconnection of offshore sites to each other and to the mainland. (4) Development of plans for integration of the wind resource into the electric grid, including-- (A) grid transmission and distribution topology; (B) systems analysis for reliable and efficient large-scale wind power integration; (C) multilevel automatic control management of the power system; (D) voltage and frequency regulation; (E) a plan to coordinate new offshore wind farms with existing classical generators; (F) energy storage for managing the variability in power production and load demand; and (G) load demand and wind speed prediction. (5) Analysis of the potential wildlife and ecological effects, which may include on-site field study of possible wildlife impacts and any visual effects to adjacent communities. (6) Study of infrastructure needs, academic programs at institutions of higher education, training, employment, and other economic impacts of permitted and potential offshore wind power projects. (7) Development of an advanced concept offshore wind turbine generator that would use alternative designs not being implemented, such as new wind turbine blade, drivetrain, and electrical generator configurations. (8) Optimization of the configuration of wind turbines in offshore arrays to improve overall efficiency. (9) Development of advanced materials, manufacturing techniques, and deployment strategies that could reduce installation and operation costs including advanced blade manufacturing activity (including automation, materials, and the assembly of large-scale components) to stimulate the development of the blade manufacturing capacity of the United States. (10) Design, demonstration, and deployment of advanced foundations, anchors, moorings, and other components that reduce costs and can sustain severe water and ice flow conditions for application in shallow water, transitional depths, and deep offshore water. (11) Research focused on improving the reliability of wind turbine subsystems and components critical to offshore locations. (12) Development of floating platforms, anchors, and mooring technologies that extend the water depth of installations that-- (A) increase available site locations; and (B) reduce the effect of the view from the shore. (13) Development of advanced control systems for offshore wind turbines, gravity and floating foundations, and combining hydrodynamics and aerodynamics, including mechanical loads attenuation, high power quality, optimum reliability, and health monitoring. (14) Research on the design of large blades, including efficient airfoils, de-icing systems, structural analysis, materials, and appropriate control systems for load attenuation. (15) Design and development of new deployment vessels that reduce the cost of installation and maintenance of offshore wind turbines and submarine cables. (16) Development of advanced power electronics and alternating current or direct current electrical systems to connect offshore wind farms to each other and the mainland electrical grid. (17) Full-scale testing and establishment of experimental offshore wind farms and other projects-- (A) to demonstrate advanced offshore wind components and systems; and (B) to validate technology and performance issues relating to the components. (e) Consultation Requirements.--In carrying out subsection (d), the Secretary shall-- (1) in consultation with the Secretary of the Interior, carry out-- (A) subsection (d)(2)(G); and (B) subsection (d)(5); and (2) in consultation with the Secretary of Commerce, carry out subparagraphs (A) through (F), (H), and (I) of subsection (d)(2). (f) Proposal Review and Selection Criteria.--The Secretary shall review applications, and rank and award proposals that-- (1) contain a written plan by each participating State government, academic institution, or academic-industry consortia describing the manner in which the information developed will be used for, and integrated into, decisions regarding offshore wind power; (2) include as part of the proposal activity, the training of professionals in analysis of offshore wind power to enhance the national offshore wind power analysis capability; (3) propose to carry out 1 or more of the activities described in subsection (d) and provide evidence of a proven capability to carry out the activities, as demonstrated through-- (A) prior research, publications, patents, and advising of government and industry regarding offshore wind power research; or (B) in the absence of that experience, demonstrated capability in general wind power research or other fields that may be transferred to offshore wind power; (4) have scientific merit in the fields of science, engineering, or social science required to carry out the activities described in subsection (d); (5) supplement efforts carried out as of the date of enactment of this Act by the Secretary of the Interior, the Secretary of Commerce, and the heads of other applicable Federal agencies to address data needs for the development of offshore wind power as identified in consultation with the heads of the applicable Federal agencies; (6) are consistent with a preference for proposals that are identified in the roadmap as strongly contributing to near-term and mid-term development targets; and (7) have a term of not less than 1 year and not more than 4 years. (g) Reports.--A State, academic institution, or industry-academic consortia that receives a grant under this section shall submit a report that describes the findings of the research and development conducted with the grant to-- (1) the Secretary; (2) the Secretary of Commerce; (3) the Secretary of the Interior; and (4) the Chief of Engineers. (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $75,000,000 for each of fiscal years 2011 through 2015. SEC. 6. USE OF RENEWABLE ENERGY TO COMPLY WITH FEDERAL RENEWABLE ELECTRICITY STANDARD. Section 610(c)(2) of the Public Utility Regulatory Policies Act of 1978 (as added by section 132 of the American Clean Energy and Leadership Act of 2009) is amended-- (1) in subparagraph (H), by striking ``and'' after the semicolon at the end; (2) in subparagraph (I)(iv), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(J) allow triple credits for generation of energy from offshore wind power.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as are necessary.

Program for Offshore Wind Energy Research and Development Act of 2010 or the POWERED Act of 2010 - Requires the Secretary of Energy (DOE) to initiate the development of a comprehensive roadmap to assist and coordinate offshore wind power implementation efforts. Defines "offshore wind power" to mean the generation of electricity from the deployment of wind turbines in the Great Lakes and other inland navigable waters or in U.S. coastal waters, including the territorial sea, the exclusive economic zone, and the outer continental shelf. Requires the Secretary to: (1) establish the Offshore Wind Power Research and Development Program to assist and coordinate offshore wind power analysis and implementation efforts consistent with the roadmap; (2) award grants to academic institutions or industry-academic consortia to establish two or more national offshore wind centers on a competitive basis with an emphasis on technical merit; (3) ensure, in selecting academic institutions or industry-academic consortia, that at least one center focuses on transitional depth and deepwater floating offshore wind energy technologies and at least one center focuses on shallow water offshore wind energy technologies; (4) award grants to states, academic institutions, and industry-academic consortia to conduct coordinated, cohesive offshore wind power analysis, research, and development projects; and (5) request grant proposals for Program projects for implementing specified activities, plans, analysis, studies, and research related to developing offshore wind power. Amends the Public Utility Regulatory Policies Act of 1978, as it would be amended by the American Clean Energy Leadership Act of 2009 as reported to the Senate as an original measure on July 16, 2009 (S.1462), to revise the federal renewable energy credit trading program by allowing triple credits for the generation of energy from offshore wind power.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Highway Rights-of-Way Permitting Efficiency Act of 2017''. SEC. 2. FINDINGS. Congress finds that, as of the date of enactment of this Act-- (1) the United States has been the world leader in Internet and telecommunications technology growth, and the people of the United States now rely on broadband connectivity as an increasingly necessary part of daily life; (2) broadband services are used by private citizens, businesses, public groups, and government agencies throughout the United States to communicate, access information, share cultures, develop technologies, and grow economies nationally and internationally; (3) while wireless and broadband technologies have contributed significantly to progress throughout the United States, lack of broadband deployment to rural communities has put rural parties at a greater disadvantage for economic development; and (4) delays in the permitting process are costly and discouraging to broadband deployment and further discourage broadband deployment to rural areas. SEC. 3. DEFINITIONS. In this Act: (1) Broadband project.--The term ``broadband project'' means a project under which a broadband provider installs broadband infrastructure, including copper lines or fiber optic lines, on Federal land. (2) Broadband provider.--The term ``broadband provider'' means a facilities-based provider of broadband capability that enables a user to originate and receive high-quality voice, data, graphics, and video telecommunications. (3) Operational right-of-way.--The term ``operational right-of-way'' means all real property interests (including easements) acquired for the construction or operation of a project, including the locations of the roadway, bridges, interchanges, culverts, drainage, clear zone, traffic control signage, landscaping, copper and fiber optic lines, utility shelters, and broadband infrastructure as installed by broadband providers, and any rest areas with direct access to a controlled access highway or the National Highway System. (4) Project.--The term ``project'' has the meaning given the term in section 101(a) of title 23, United States Code. (5) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to land managed by the Bureau of Land Management (including land held for the benefit of an Indian tribe). SEC. 4. STATE PERMITTING AUTHORITY. (a) In General.--The Secretaries concerned shall jointly establish a program under which any State may offer, and the Secretary concerned shall agree, to enter into a memorandum of understanding with the Secretary concerned to allow for the permitting of broadband within an operational right-of-way in accordance with this section. (b) Assumption of Responsibilities.-- (1) In general.--In entering into a memorandum of understanding under this section, the Secretary concerned may assign to the State, and the State may agree to assume, all or part of the responsibilities of the Secretary concerned for environmental review, consultation, or other action required under any Federal environmental law pertaining to the review or approval of a specific operational right-of-way broadband project. (2) State responsibility.-- (A) In general.--A State that assumes any responsibility under paragraph (1) shall be subject to the same procedural and substantive requirements as would apply if the responsibility were carried out by the Secretary concerned. (B) Effect of assumption of responsibility.--A State that assumes any responsibility under paragraph (1) shall be solely responsible and solely liable for carrying out, in lieu of the Secretary concerned, the responsibilities assumed under that paragraph until date on which the program is terminated under subsection (f). (C) Environmental review.--A State that assumes any responsibility under paragraph (1) shall comply with the environmental review procedures under part 771 of title 23, Code of Federal Regulations (or successor regulations). (3) Federal responsibility.--Any responsibility of the Secretary concerned described in paragraph (1) that is not explicitly assumed by the State in the memorandum of understanding shall remain the responsibility of the Secretary concerned. (c) Offer and Notification.--A State that intends to offer to enter into a memorandum of understanding under this section shall provide to the Secretary concerned notice of the intent of the State not later than 90 days before the date on which the State submits a formal written offer to the Secretary concerned. (d) Memorandum of Understanding.--A memorandum of understanding entered into under this section shall-- (1) be executed by the Governor or the top-ranking transportation official in the State who is charged with responsibility for highway construction; (2) be for a term not to exceed 10 years; (3) be in such form as the Secretary concerned may prescribe; and (4) provide that the State-- (A) agrees to assume all or part of the responsibilities of the Secretary concerned described in subsection (b)(1); (B) expressly consents, on behalf of the State, to accept the jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibility of the Secretary concerned assumed by the State; (C) certifies that State laws (including regulations) are in effect that-- (i) authorize the State to take the actions necessary to carry out the responsibilities being assumed; and (ii) are comparable to section 552 of title 5, United States Code, including providing that any decision regarding the public availability of a document under the State laws is reviewable by a court of competent jurisdiction; (D) agrees to maintain the financial resources necessary to carry out the responsibilities being assumed; and (E) agrees to provide to the Secretary concerned any information the Secretary concerned considers necessary to ensure that the State is adequately carrying out the responsibilities assigned to and assumed by the State. (e) Limitation.--Nothing in this section permits a State to assume any rulemaking authority of the Secretary concerned under any Federal law. (f) Termination.-- (1) Termination by the secretary.--The Secretary concerned may terminate the participation of any State in the program established under this section if-- (A) the Secretary concerned determines that the State is not adequately carrying out the responsibilities assigned to and assumed by the State; (B) the Secretary concerned provides to the State-- (i) notification of the determination of noncompliance; and (ii) a period of at least 30 days during which to take such corrective action as the Secretary concerned determines is necessary to comply with the applicable agreement; and (C) the State, after the notification and period provided under subparagraph (B), fails to take satisfactory corrective action, as determined by the Secretary concerned. (2) Termination by the state.--A State may terminate the participation of the State in the program established under this section at any time by providing to the Secretary concerned a notice of intent to terminate by not later than the date that is 90 days before the date of termination. SEC. 5. CATEGORICAL EXCLUSION FOR PROJECTS WITHIN OPERATIONAL RIGHTS- OF-WAY. The Secretary concerned shall-- (1) not later than 180 days after the date of enactment of this Act, designate any project within an existing operational right-of-way as an action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations, and section 771.117(c) of title 23, Code of Federal Regulations (or successor regulations); and (2) not later than 150 days after the date of enactment of this Act, promulgate regulations to carry out paragraph (1). SEC. 6. FEDERAL BROADBAND PERMIT COORDINATION. (a) Definition of Secretary.--In this section, the term ``Secretary'' means the Secretary of the Interior. (b) Establishment.--The Secretary shall establish a Federal Permit Streamlining Project in each Bureau of Land Management field office with responsibility for issuing permits for broadband projects. (c) Memorandum of Understanding.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary, in consultation with the National Conference of State Historic Preservation Officers, shall enter into a memorandum of understanding to carry out this section with-- (A) the Secretary of Agriculture; (B) the Administrator of the Environmental Protection Agency; (C) the Administrator of the Federal Highway Administration; and (D) the Director of the United States Fish and Wildlife Service. (2) Lead agency.--As part of the memorandum of understanding under paragraph (1), the Secretary shall act as the lead agency in issuing a single permit for each broadband project on behalf of all Federal agencies involved in the broadband project. (3) State participation.--The Secretary may request that the Governor of any State with one or more broadband projects be a party to the memorandum of understanding under paragraph (1). (4) Designation of qualified staff.-- (A) In general.--Not later than 30 days after the date of entrance into the memorandum of understanding under paragraph (1), the head of each Federal agency that is a party to the memorandum of understanding (other than the Secretary) shall, if the head of the Federal agency determines it to be appropriate, designate to each Bureau of Land Management field office an employee of that Federal agency with expertise in regulatory issues relating to that Federal agency, including, as applicable, particular expertise in-- (i) planning under the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.); (ii) the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (iii) programs under chapter 1 and chapter 2 of title 23, United States Code; or (iv) consultation and the preparation of biological opinions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536). (B) Duties.--Each employee designated under subparagraph (A) shall-- (i) not later than 90 days after the date of designation, report to the manager of the Bureau of Land Management field office to which the employee is assigned; (ii) be responsible for any issue relating to any broadband project within the jurisdiction of the field office described in clause (i) under the authority of the Federal agency from which the employee is assigned; (iii) participate as part of the team of personnel working on one or more proposed broadband projects, including planning and environmental analyses; and (iv) serve as the designated point of contact with any applicable State that assumes any responsibility under section 4(b)(1) relating to any issue described in clause (ii). (d) Funding.--This section shall be carried out using such amounts as are necessary from other amounts available that are not otherwise obligated.

Highway Rights-of-Way Permitting Efficiency Act of 2017 This bill requires the Department of Agriculture (USDA), with respect to National Forest System land, and the Department of the Interior, with respect to Bureau of Land Management (BLM) land, to establish a program to enter into memoranda of understanding with states to allow for the permitting of broadband within an operational right-of-way to enable broadband providers to install infrastructure that allows users to originate and receive high-quality voice, data, graphics, and video telecommunications. The "operational right-of-way" is defined as all real property interests (including easements) acquired for the construction or operation of a project. A state's governor, or a state's top-ranking transportation official in charge of highway construction, may enter into such a memorandum for a term not to exceed 10 years if the state consents to: (1) federal court jurisdiction, (2) federal environmental review procedures, (3) judicial review of decisions regarding the public availability of documents, (4) maintenance of necessary financial resources, and (5) the provision of any information that USDA or Interior needs to ensure that the state is carrying out its responsibilities. USDA and Interior must designate projects within an existing operational right-of-way as actions categorically excluded from federal regulations relating to environmental assessments or environmental impact statements. Interior must establish a Federal Permit Streamlining Project in each BLM field office with responsibility for issuing permits for broadband projects. Under the program, Interior acts as the lead agency for the issuance of a single permit on behalf of all other federal agencies involved in a broadband project through a memorandum of understanding with USDA, the Environmental Protection Agency, the Federal Highway Administration, and the U.S. Fish and Wildlife Service.

SECTION 1. TREATMENT OF AFFILIATE TRANSACTIONS. (a) Commodity Exchange Act Amendments.--Section 2(h)(7)(D) of the Commodity Exchange Act (7 U.S.C. 2(h)(7)(D)) is amended-- (1) by redesignating clause (iii) as clause (v); (2) by striking clauses (i) and (ii) and inserting the following: ``(i) In general.--An affiliate of a person that qualifies for an exception under subparagraph (A) (including affiliate entities predominantly engaged in providing financing for the purchase of the merchandise or manufactured goods of the person) may qualify for the exception only if the affiliate-- ``(I) enters into the swap to hedge or mitigate the commercial risk of the person or other affiliate of the person that is not a financial entity, and the commercial risk that the affiliate is hedging or mitigating has been transferred to the affiliate; ``(II) is directly and wholly-owned by another affiliate qualified for the exception under this subparagraph or an entity that is not a financial entity; ``(III) is not indirectly majority- owned by a financial entity; ``(IV) is not ultimately owned by a parent company that is a financial entity; and ``(V) does not provide any services, financial or otherwise, to any affiliate that is a nonbank financial company supervised by the Board of Governors (as defined under section 102 of the Financial Stability Act of 2010). ``(ii) Limitation on qualifying affiliates.--The exception in clause (i) shall not apply if the affiliate is-- ``(I) a swap dealer; ``(II) a security-based swap dealer; ``(III) a major swap participant; ``(IV) a major security-based swap participant; ``(V) a commodity pool; ``(VI) a bank holding company; ``(VII) a private fund, as defined in section 202(a) of the Investment Advisers Act of 1940 (15 U.S.C. 80-b- 2(a)); ``(VIII) an employee benefit plan or government plan, as defined in paragraphs (3) and (32) of section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002); ``(IX) an insured depository institution; ``(X) a farm credit system institution; ``(XI) a credit union; ``(XII) a nonbank financial company supervised by the Board of Governors (as defined under section 102 of the Financial Stability Act of 2010); or ``(XIII) an entity engaged in the business of insurance and subject to capital requirements established by an insurance governmental authority of a State, a territory of the United States, the District of Columbia, a country other than the United States, or a political subdivision of a country other than the United States that is engaged in the supervision of insurance companies under insurance law. ``(iii) Limitation on affiliates' affiliates.--Unless the Commission determines, by order, rule, or regulation, that it is in the public interest, the exception in clause (i) shall not apply with respect to an affiliate if the affiliate is itself affiliated with-- ``(I) a major security-based swap participant; ``(II) a security-based swap dealer; ``(III) a major swap participant; or ``(IV) a swap dealer. ``(iv) Conditions on transactions.--With respect to an affiliate that qualifies for the exception in clause (i)-- ``(I) the affiliate may not enter into any swap other than for the purpose of hedging or mitigating commercial risk; and ``(II) neither the affiliate nor any person affiliated with the affiliate that is not a financial entity may enter into a swap with or on behalf of any affiliate that is a financial entity or otherwise assume, net, combine, or consolidate the risk of swaps entered into by any such financial entity, except one that is an affiliate that qualifies for the exception under clause (i).''; and (3) by adding at the end the following: ``(vi) Risk management program.--Any swap entered into by an affiliate that qualifies for the exception in clause (i) shall be subject to a centralized risk management program of the affiliate, which is reasonably designed both to monitor and manage the risks associated with the swap and to identify each of the affiliates on whose behalf a swap was entered into.''. (b) Securities Exchange Act of 1934 Amendment.--Section 3C(g)(4) of the Securities Exchange Act of 1934 (15 U.S.C. 78c-3(g)(4)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (E); (2) by striking subparagraphs (A) and (B) and inserting the following: ``(A) In general.--An affiliate of a person that qualifies for an exception under this subsection (including affiliate entities predominantly engaged in providing financing for the purchase of the merchandise or manufactured goods of the person) may qualify for the exception only if the affiliate-- ``(i) enters into the security-based swap to hedge or mitigate the commercial risk of the person or other affiliate of the person that is not a financial entity, and the commercial risk that the affiliate is hedging or mitigating has been transferred to the affiliate; ``(ii) is directly and wholly-owned by another affiliate qualified for the exception under this paragraph or an entity that is not a financial entity; ``(iii) is not indirectly majority-owned by a financial entity; ``(iv) is not ultimately owned by a parent company that is a financial entity; and ``(v) does not provide any services, financial or otherwise, to any affiliate that is a nonbank financial company supervised by the Board of Governors (as defined under section 102 of the Financial Stability Act of 2010). ``(B) Limitation on qualifying affiliates.--The exception in subparagraph (A) shall not apply if the affiliate is-- ``(i) a swap dealer; ``(ii) a security-based swap dealer; ``(iii) a major swap participant; ``(iv) a major security-based swap participant; ``(v) a commodity pool; ``(vi) a bank holding company; ``(vii) a private fund, as defined in section 202(a) of the Investment Advisers Act of 1940 (15 U.S.C. 80-b-2(a)); ``(viii) an employee benefit plan or government plan, as defined in paragraphs (3) and (32) of section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002); ``(ix) an insured depository institution; ``(x) a farm credit system institution; ``(xi) a credit union; ``(xii) a nonbank financial company supervised by the Board of Governors (as defined under section 102 of the Financial Stability Act of 2010); or ``(xiii) an entity engaged in the business of insurance and subject to capital requirements established by an insurance governmental authority of a State, a territory of the United States, the District of Columbia, a country other than the United States, or a political subdivision of a country other than the United States that is engaged in the supervision of insurance companies under insurance law. ``(C) Limitation on affiliates' affiliates.--Unless the Commission determines, by order, rule, or regulation, that it is in the public interest, the exception in subparagraph (A) shall not apply with respect to an affiliate if such affiliate is itself affiliated with-- ``(i) a major security-based swap participant; ``(ii) a security-based swap dealer; ``(iii) a major swap participant; or ``(iv) a swap dealer. ``(D) Conditions on transactions.--With respect to an affiliate that qualifies for the exception in subparagraph (A)-- ``(i) such affiliate may not enter into any security-based swap other than for the purpose of hedging or mitigating commercial risk; and ``(ii) neither such affiliate nor any person affiliated with such affiliate that is not a financial entity may enter into a security-based swap with or on behalf of any affiliate that is a financial entity or otherwise assume, net, combine, or consolidate the risk of security-based swaps entered into by any such financial entity, except one that is an affiliate that qualifies for the exception under subparagraph (A).''; and (3) by adding at the end the following: ``(F) Risk management program.--Any security-based swap entered into by an affiliate that qualifies for the exception in subparagraph (A) shall be subject to a centralized risk management program of the affiliate, which is reasonably designed both to monitor and manage the risks associated with the security-based swap and to identify each of the affiliates on whose behalf a security-based swap was entered into.''. Passed the House of Representatives November 16, 2015. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on October 26, 2015. (Sec. 1) This bill amends the Commodity Exchange Act and the Securities Exchange Act of 1934 regarding clearing requirements for certain affiliate swap transactions to revise the conditions under which an affiliate of a person that qualifies for an exception from clearing requirements may itself qualify for such exceptions. The affiliate must be: directly and wholly-owned by another affiliate qualified for the exception or an entity that is not a financial entity; not indirectly majority-owned by a financial entity; not ultimately owned by a parent company that is a financial entity; and an affiliate that does not provide any services, financial or otherwise, to any affiliate that is a nonbank financial company supervised by the Board of Governors of the Federal Reserve System. The bill disqualifies for the exceptions, however, any affiliate that is: a swap dealer, a security-based swap dealer, a major swap participant, a major security-based swap participant, or a commodity pool (all disqualified under current law); a bank holding company (not, as under current law, only a bank holding company with over $50 billion in consolidated assets); a specified kind of private fund; an employee benefit plan or government plan under the Employee Retirement Income Security Act of 1974 (ERISA); an insured depository institution; a farm credit system institution; a credit union; a nonbank financial company supervised by the Federal Reserve Board; or an entity engaged in the business of insurance and subject to state or foreign government capital requirements. Unless the Commodity Futures Trading Commission or the Securities and Exchange Commission determines it is in the public interest, however, the exception from clearing requirements shall not apply to an affiliate that is itself affiliated with: (1) a major security-based swap participant; (2) a security-based swap dealer; (3) a major swap participant; or (4) a swap dealer. An affiliate that does qualify for the exception from clearing requirements may not enter into any swap other than to hedge or mitigate commercial risk. The bill also prohibits the affiliate, and any person affiliated with the affiliate that is not a financial entity, from: entering into a swap with or on behalf of any affiliate that is a financial entity; or otherwise assuming, netting, combining, or consolidating the risk of swaps entered into by any such financial entity, except an affiliate that qualifies for the exception from clearing requirements. Any swap entered into by an affiliate that qualifies for the exception from clearing requirements shall be subject to the affiliate's centralized risk management program, provided it is designed both to: (1) monitor and manage swap associated risks, and (2) identify each affiliate upon whose behalf a swap was entered into.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep It in the Ground Act of 2015''. SEC. 2. FINDINGS; STATEMENT OF POLICY. (a) Findings.--Congress finds that-- (1) from 1880 through 2014, global temperatures have increased by about 0.9 degrees Celsius; (2) the vast majority of global warming that has occurred over the past 50 years was due to human activities, primarily the burning of fossil fuels; (3) emissions of greenhouse gases and atmospheric concentrations of greenhouse gases continue to rise, which results in a continued warming trend; (4) global warming already has a significant impact on the economy, including the farming, fishing, forestry, and recreation industries; (5) the significant impacts of global warming that are already occurring will be amplified by a global temperature increase of 2 degrees Celsius, which will lead to increased droughts, rising seas, mass extinctions, heat waves, desertification, wildfires, acidifying oceans, significant economic disruption, and security threats; (6) to avoid exceeding 2 degrees Celsius warming, at least 80 percent of carbon from proven fossil fuel reserves must be kept in the ground; (7) the potential emissions resulting from extracting and burning all fossil fuels on Federal land and waters amounts to a significant percentage of the greenhouse gas emissions limit; and (8) ending new leases for fossil fuels will prevent the release of 90 percent of the potential emissions from Federal fossil fuels. (b) Statement of Policy.--It is the policy of the United States that-- (1) Federal land and waters should be managed for the benefit of the people of the United States-- (A) to avoid the most dangerous impacts of climate change; and (B) to promote a rapid transition to a clean energy economy by keeping fossil fuels in the ground; and (2) the Federal Government should pursue management of Federal land and waters for the benefit of the people of the United States by not issuing any new lease or renewing any nonproducing lease for coal, oil, or natural gas in any Federal land or waters. SEC. 3. DEFINITIONS. In this Act: (1) Extend.--The term ``extend'' means the act of extending a lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.) beyond the existing term of the lease. (2) Nonproducing lease.--The term ``nonproducing lease'' means any lease under which no coal, oil, gas, oil shale, tar sands, or other fossil fuel approved in the lease contract has been extracted for commercial use. (3) Reinstate.--The term ``reinstate'' means the act of reinstating a lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.) after a violation of any term of the lease that resulted in suspension or cancellation of the lease. (4) Renew.--The term ``renew'' means the act of renewing a lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.) for a term that is not longer than the maximum renewal term for a lease under that Act. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. STOPPING NEW OFFSHORE OIL AND GAS LEASES IN THE GULF OF MEXICO AND THE PACIFIC, ATLANTIC, AND ARCTIC OCEANS. (a) Prohibition on New Oil and Gas Leasing on the Outer Continental Shelf.--Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following: ``(q) Prohibition on New Oil and Gas Leasing on the Outer Continental Shelf.-- ``(1) Definitions.--In this subsection: ``(A) Extend.-- ``(i) In general.--The term `extend' means the act of extending a lease under this Act beyond the existing term of the lease. ``(ii) Inclusion.--The term `extend' includes the act of extending a lease following a suspension under this Act. ``(B) Nonproducing lease.--The term `nonproducing lease' means any lease under which any coal, oil, gas, oil shale, tar sands, or other fossil fuel approved in the lease contract has been extracted. ``(C) Reinstate.--The term `reinstate' means the act of reinstating a lease under this Act after a violation of any term of the lease that resulted in suspension or cancellation of the lease. ``(D) Renew.--The term `renew' means the act of renewing a lease under this Act for a term that is not longer than the maximum renewal term for a lease under this Act. ``(2) Prohibition.--Notwithstanding any other provision of this Act or any other law, the Secretary of the Interior shall not issue a new lease, renew, reinstate, or extend any nonproducing lease, or issue any other authorization for the exploration, development, or production of oil, natural gas, or any other fossil fuel in-- ``(A) the Arctic Ocean; ``(B) the Atlantic Ocean, including the Straits of Florida; ``(C) the Pacific Ocean; ``(D) the Gulf of Mexico; or ``(E) any other area of the outer Continental Shelf.''. (b) Cancellation of Existing Leases.--Notwithstanding any other provision of law, not later than 60 days after the date of enactment of this Act, the Secretary shall cancel any lease issued under section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) on or before the date of enactment of this Act in the Beaufort Sea, Cook Inlet, or Chukchi Sea. SEC. 5. STOPPING NEW COAL, OIL, TAR SANDS, FRACKED GAS, AND OIL SHALE LEASES ON FEDERAL LAND. Notwithstanding any other provision of law, the Secretary shall not conduct any lease sale, enter into any new lease, reoffer for lease any land covered by an expiring lease, or renew, reinstate, or extend any nonproducing lease in existence on or before the date of enactment of this Act for onshore fossil fuels, including coal, oil, tar sands, oil shale, and gas on land subject to the Mineral Leasing Act (30 U.S.C. 181 et seq.). SEC. 6. EXCEPTIONS. (a) National Security.-- (1) In general.--Subject to paragraph (2), the Secretary may exempt any provision of this Act or an amendment made by this Act for a lease if the Secretary determines, on the record and based on available information, that-- (A) there is an imminent national security threat; and (B) issuing an exemption for the lease would significantly reduce the imminent national security threat. (2) Duration.--An exemption under paragraph (1) shall continue only for as long as the imminent national security threat persists. (b) Breach of Contract.-- (1) In general.--Subject to paragraph (2), the Secretary may allow a nonproducing lease to be renewed or extended if-- (A) the nonproducing lease contract was signed before the date of enactment of this Act; and (B) the Secretary determines that giving effect to any provision of this Act or an amendment made by this Act is likely to lead to a court with jurisdiction ruling that there was a material breach of the nonproducing lease contract. (2) Duration.--A renewal or extension under paragraph (1) shall be for the shortest time practicable, consistent with the terms of the nonproducing lease contract. SEC. 7. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such a provision or amendment to any person or circumstance is held to be invalid or unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of those provisions and amendments to any person or circumstance shall not be affected.

Keep It in the Ground Act of 2015 This bill states as U.S. policy that: (1) federal land and waters should be managed for the benefit of the people of the United States to avoid the most dangerous impacts of climate change and to promote a rapid transition to a clean energy economy; and (2) the government should pursue management of federal land and waters for the benefit of the people of the United States by not issuing any new lease or renewing any nonproducing lease for coal, oil, or natural gas in any such land or waters. The bill amends the Outer Continental Shelf Lands Act to prohibit the Department of the Interior from issuing a new lease, renewing, reinstating, or extending any nonproducing lease under such Act, or issuing any other authorization for the exploration, development, or production of oil, natural gas, or any other fossil fuel in the Arctic Ocean, the Atlantic Ocean, the Pacific Ocean, the Gulf of Mexico, or any other area of the outer Continental Shelf. Interior shall: (1) cancel any lease issued under such Act before the date of enactment of this Act in the Beaufort Sea, Cook Inlet, or Chukchi Sea; and (2) not conduct any lease sale, enter into any new lease, reoffer for lease any land covered by an expiring lease, or renew, reinstate, or extend any nonproducing lease in existence before such date for onshore fossil fuels, including coal, oil, tar sands, oil shale, and gas on land subject to the Mineral Leasing Act. Interior may exempt any provision of this Act if it determines that there is an imminent national security threat and that issuing an exemption would significantly reduce such threat, but only for as long as the threat persists. Interior may allow a nonproducing lease to be renewed or extended if: (1) the nonproducing lease contract was signed before enactment of this Act, and (2) Interior determines that giving effect to any provision of this Act is likely to lead to a court ruling that there was a material breach of the contract. Such a renewal or extension shall be for the shortest time practicable under the terms of the contract.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Veterans' Opportunity in Education and Business Act of 2008''. SEC. 2. CONTRACTING GOALS AND PREFERENCES FOR VETERAN-OWNED SMALL BUSINESS CONCERNS. Section 8127 of title 38, United States Code, is amended-- (1) by redesignating subsections (j) and (k) as subsections (k) and (l), respectively; and (2) by inserting after subsection (i) the following: ``(j) Applicability of Requirements to Contracts.--(1) If the Secretary enters, on or after June 1, 2007, into a contract, memorandum of understanding, agreement, or other arrangement with any governmental entity or person to acquire goods or services, or both, the Secretary shall include in such contract, memorandum, agreement, or other arrangement a requirement that the entity or person will comply with the provisions of this section in acquiring such goods or services, or both. ``(2) Coordination.--The Secretary shall take such action as may be necessary to ensure that the efforts to comply with this section of the Department and governmental entities and persons to which paragraph (1) applies are coordinated. ``(3) The Secretary shall modify contracts, memoranda of understanding, agreements, and other arrangements of the Department in effect on the date of enactment of the Improving Veterans' Opportunity in Education and Business Act of 2008 to comply with this subsection. ``(4) Nothing in this subsection shall be construed to supersede or otherwise affect the authorities provided by and under the Small Business Act (15 U.S.C. 631 et seq.)''. SEC. 3. FIVE-YEAR PILOT PROGRAM FOR ON-CAMPUS WORKSTUDY POSITIONS. (a) Establishment of Pilot Program.--The Secretary of Veterans Affairs shall conduct a five-year pilot project to test the feasibility and advisability of expanding the scope of qualifying workstudy activities for purposes of section 3485(a)(4) of title 38, United States Code, including workstudy positions available on site at educational institutions. (b) Type of Workstudy Positions.--The workstudy positions referred to in subsection (a) may include positions in academic departments (including positions as tutors or research, teaching, and lab assistants) and in student services (including positions in career centers and financial aid, campus orientation, cashiers, admissions, records, and registration offices). (c) Regulations.--The Secretary shall issue regulations to carry out the pilot project under this section, including regulations providing for the supervision of workstudy positions referred to in subsection (a) by appropriate personnel of the Department. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $10,000,000 for each of fiscal years 2009 through 2013 to carry out the pilot project under this section. (e) Funding.--Notwithstanding any other provision of law, this section shall not be carried out with any funds provided for or under any authority of the Readjustment benefits program described by the list of Appropriated Entitlements and Mandatories for Fiscal Year 1997 contained in the Conference Report to accompany H.R. 2015 of the 105th Congress, the Balanced Budget Act of 1997 (H. Report 105-217). Instead, no funds shall be obligated for the purpose of carrying out this section except discretionary funds appropriated specifically for the purpose of carrying out this section in appropriation Acts enacted after the date of the enactment of this Act. SEC. 4. MILITARY OCCUPATIONAL SPECIALTY TRANSITION (MOST) PROGRAM. (a) In General.--Subchapter II of chapter 36 of title 38, United States Code, is amended by inserting after section 3687 the following new section: ``Sec. 3687A. Military occupational specialty transition (MOST) program ``(a) Establishment; Eligibility.-- ``(1) In general.--Subject to the availability of appropriations, the Secretary shall carry out a program of training to provide eligible veterans with skills relevant to the job market. ``(2) Eligible veteran.--For purposes of this section, the term `eligible veteran' means any veteran if-- ``(A) such veteran's military occupational specialty at the time of discharge is determined by the Secretary to have limited transferability to the civilian job market; ``(B) such veteran is not otherwise eligible for education or training services under this title; ``(C) such veteran has not acquired a marketable skill since leaving military service; ``(D) such veteran was discharged under conditions not less than general under honorable conditions; and ``(E)(i) such veteran has been unemployed for at least 90 of the 180 days preceding the date of application for the program established under this section; or ``(ii) the maximum hourly rate of pay of such veteran during such 180-day period is not more than 150 percent of the Federal minimum wage. ``(b) MOST Program.--The program established under this section shall provide for payments to employers who provide for eligible veterans a program of apprenticeship or on-the-job training if-- ``(1) such program is approved as provided in paragraph (1) or (2) of section 3687(a) of this title; ``(2) the rate of pay for veterans participating in the program is not less than the rate of pay for nonveterans in similar jobs; and ``(3) the Secretary reasonably expects that-- ``(A) the veteran will be qualified for employment in that field upon completion of training; and ``(B) the employer providing the program will hire the veteran at the completion of training. ``(c) Payments to Employers.-- ``(1) In general.--Subject to the availability of appropriations, the Secretary shall enter into contracts with employers to provide programs of apprenticeship or on-the-job training which meet the requirements of this section. Such contract shall provide for the payment of the amounts described in subsection (b) to employers whose programs meet such requirements. ``(2) Amount of payments.--The amount paid under this section with respect to any eligible veteran for any period shall be 50 percent of the wages paid by the employer to such veteran for such period. Wages shall be calculated on an hourly basis. ``(3) Amount and duration of payments.-- ``(A) In general.--Except as provided in subparagraph (B)-- ``(i) the amount paid under this section with respect to a veteran participating in the program established under this section may not exceed $20,000 in the aggregate and $1,666.67 per month; and ``(ii) such payments may only be made during the first 12 months of such veteran's participation in the program. ``(B) Veterans participating on less than full-time basis.--In the case of a veteran participating in the program on a less than full-time basis, the Secretary may extend the number of months of payments under subparagraph (A) and proportionally adjust the amount of such payments, but the maximum amount paid with respect to a veteran may not exceed the maximum amount of $20,000 and the maximum amount of such payments may not exceed 24 months. ``(4) Payments made on quarterly basis.--Payments under this section shall be made on a quarterly basis. ``(5) Employer report.--Each employer providing a program of apprenticeship or on-the-job training pursuant to this section shall submit to the Secretary on a quarterly basis a report certifying the wages paid to eligible veterans under such program (which shall be certified by the veteran as being correct) and containing such other information as the Secretary may specify. Such report shall be submitted in the form and manner required by the Secretary. ``(d) Authorization of Appropriations.--There is authorized to be appropriated $60,000,000 for each of fiscal years 2009 through 2018 to carry out this section. ``(e) Reporting.--The Secretary shall include a detailed description of activities carried out under this section in the annual report prepared by the Veterans Benefits Administration. ``(f) Separate Accounting.--The Department shall have a separate line item in budget proposals of the Department for funds to be appropriated to carry out this section.''. (b) Clerical Amendment.--The table of sections for such chapter is amended by inserting after the item relating to section 3687 the following new item: ``3687A. Military occupational specialty transition (MOST) program.''. (c) Conforming Amendments.--(1) Subsection (a)(1) of section 3034 of such title is amended by striking ``and 3687'' and inserting ``3687, and 3687A''. (2) Subsections (a)(1) and (c) of section 3241 of such title are each amended by striking ``section 3687'' and inserting ``sections 3687 and 3687A''. (3) Subsection (d)(1) of section 3672 of such title is amended by striking ``and 3687'' and inserting ``3687, and 3687A''. (4) Paragraph (3) of section 4102A(b) of such title is amended by striking ``section 3687'' and inserting ``section 3687 or 3687A''. Passed the House of Representatives July 31, 2008. Attest: LORRAINE C. MILLER, Clerk.

Improving Veterans' Opportunity in Education and Business Act of 2008 - Requires that, if the Secretary of Veterans Affairs enters into a contract or other arrangement, on or after June 1, 2007, to acquire goods or services (or both), the Secretary shall include in such contract or arrangement a requirement that the contractee comply with Department of Veterans Affairs (VA) contracting goals and preferences with respect to small businesses owned and controlled by veterans and service-disabled veterans. Directs the Secretary to modify current contracts and arrangements to comply with requirements of this Act. Requires the Secretary to conduct a five-year pilot project to test the feasibility and advisability of expanding the scope of VA workstudy activities to include workstudy positions available on site at educational institutions, including positions in academic departments and in student services. Authorizes appropriations. Directs the Secretary to carry out a program of job training in skills relevant to the job market for discharged veterans who are either currently not paid at more than 150% of the federal minimum wage, or: (1) had a military occupational specialty of limited transferability to the civilian job market; (2) are not otherwise eligible for veterans' education or training services; (3) have not acquired a marketable skill since leaving military service; (4) were discharged under conditions not less than honorable; and (5) have been unemployed for at least 90 of the previous 180 days. Designates the program as the MOST (military occupational specialty transition) Program. Directs the Secretary to contract with employers to provide programs of apprenticeship on on-job training for such veterans. Limits such payments to $20,000 per veteran and 24 months in duration. Requires quarterly employer reports certifying wages paid to such veterans. Authorizes appropriations. Requires the Secretary to describe Program activities within a currently-required annual report by the Veterans Benefits Administration.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Land Fire Regulations Enforcement Act''. SEC. 2. CONSISTENT ENFORCEMENT AUTHORITY REGARDING NATIONAL PARK SYSTEM LAND, NATIONAL FOREST SYSTEM LAND, AND OTHER PUBLIC LAND. (a) Land Under Jurisdiction of Bureau of Land Management.--Section 303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733(a)) is amended-- (1) by striking ``(a) The Secretary'' and inserting the following: ``(a) Regulations.-- ``(1) In general.--The Secretary''; (2) by striking the second sentence; (3) in the third sentence, by striking ``Any person charged'' and inserting the following: ``(2) Court procedures.--Any person charged''; and (4) by adding at the end the following: ``(3) Knowing violations.--Any person who knowingly violates or fails to comply with any of the provisions of this Act or any regulation issued under this Act shall be-- ``(A) guilty of a Class A misdemeanor; and ``(B) subject to-- ``(i) a fine under section 3571 of title 18, United States Code; ``(ii) imprisonment under section 3581 of title 18, United States Code; or ``(iii) fine and imprisonment under those sections. ``(4) Other violations.--Any person who otherwise violates or fails to comply with any of the provisions of this Act or any regulation issued under this Act shall-- ``(A) be guilty of a Class B misdemeanor; ``(B) be subject to-- ``(i) a fine under section 3571 of title 18, United States Code; ``(ii) imprisonment under section 3581 of title 18, United States Code; or ``(iii) fine and imprisonment under those sections; and ``(C) pay all costs of the proceedings associated with the violation or failure to comply.''. (b) National Park System Land.-- (1) Enforcement.--Section 3 of the National Park Service Organic Act (16 U.S.C. 3) is amended-- (A) in the first sentence-- (i) by striking ``That the Secretary'' and inserting the following: ``(a) Regulations for Use and Management; Enforcement.-- ``(1) In general.--The Secretary''; and (ii) by striking ``Service,'' and all that follows through ``proceedings.'' and inserting ``Service.''; (B) in subsection (a) (as designated by subparagraph (A)(i)) by adding at the end the following: ``(2) Knowing violations.--Any person who knowingly violates or fails to comply with any of the provisions of this Act or any regulation issued under this Act shall be-- ``(A) guilty of a Class A misdemeanor; and ``(B) subject to-- ``(i) a fine under section 3571 of title 18, United States Code; ``(ii) imprisonment under section 3581 of title 18, United States Code; or ``(iii) fine and imprisonment under those sections. ``(3) Other violations.--Any person who otherwise violates or fails to comply with any of the provisions of this Act or any regulation issued under this Act shall-- ``(A) be guilty of a Class B misdemeanor; ``(B) be subject to-- ``(i) a fine under section 3571 of title 18, United States Code; ``(ii) imprisonment under section 3581 of title 18, United States Code; or ``(iii) fine and imprisonment under those section; and ``(C) pay all costs of the proceedings associated with the violation or failure to comply.''; (C) in the second sentence, by striking ``He may also, upon'' and inserting the following: ``(b) Special Management Authorities.-- ``(1) In general.--The Secretary of the Interior may, on''; (D) in the third sentence, by striking ``He may also provide'' and inserting the following: ``(2) Animal and plants.--The Secretary of the Interior may provide''; and (E) in the fourth sentence, by striking ``No natural,'' and inserting the following: ``(c) Lease and Permit Authorities.--No natural''. (c) National Wildlife Refuge System Land.--Section 4(f) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(f)) is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) Knowing violations.--Any person who knowingly violates or fails to comply with any of the provisions of this Act or any regulation issued under this Act shall-- ``(A) be guilty of a Class A misdemeanor; ``(B) be subject to-- ``(i) a fine under section 3571 of title 18, United States Code; ``(ii) imprisonment under section 3581 of title 18, United States Code; or ``(iii) fine and imprisonment under those sections; and ``(C) pay all costs of the proceedings associated with the violation or failure to comply. ``(2) Other violations.--Any person who otherwise violates or fails to comply with any of the provisions of this Act or any regulation issued under this Act shall-- ``(A) be guilty of a Class B misdemeanor; ``(B) be subject to-- ``(i) a fine under section 3571 of title 18, United States Code; ``(ii) imprisonment under section 3581 of title 18, United States Code; or ``(iii) fine and imprisonment under those sections; and ``(C) pay all costs of the proceedings associated with the violation or failure to comply.''. (d) National Forest System Land.--The eleventh undesignated paragraph under the heading ``Surveying the public lands'' of the Act of June 4, 1897 (16 U.S.C. 551) is amended to read as follows: ``The Secretary of Agriculture shall make provisions for the protection of the National Forest System (as defined in section 11 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609)) against destruction by fire and depredations. The Secretary may issue such regulations and establish such service as would insure the objects of the National Forest System, including regulating the occupancy and use of the National Forest System and protecting National Forest System land from destruction. Any person who knowingly violates any regulation issued under this paragraph shall be guilty of a Class A misdemeanor and shall be subject to a fine under section 3571 of title 18, United States Code, imprisonment under section 3581 of title 18, United States Code, or fine and imprisonment under those sections. Any person who otherwise violates any regulation issued under this paragraph shall be guilty of a Class B misdemeanor, subject to a fine under section 3571 of title 18, United States Code, imprisonment under section 3581 of title 18, United States Code, or fine and imprisonment under those sections. A person who violates any regulation issued under this paragraph may also be ordered to pay all costs of the proceedings. Any person charged with the violation of a regulation issued under this paragraph may be tried and sentenced by any United States magistrate judge specially designated for that purpose by the court by which the magistrate judge was appointed, in the same manner and subject to the same conditions provided for in subsections (b) through (e) of section 3401 of title 18, United States Code.''. SEC. 3. ESTABLISHMENT OF MINIMUM FINE FOR VIOLATION OF PUBLIC LAND FIRE REGULATIONS DURING FIRE BAN. (a) Land Under Jurisdiction of Bureau of Land Management.--Section 303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733(a)) (as amended by section 2(a)) is amended by adding at the end the following: ``(5) Minimum fine.--In the case of a regulation issued under this section regarding the use of fire by individuals on public land, if the violation of the regulation was the result of reckless conduct, occurred in an area subject to a complete ban on open fires, and resulted in damage to public or private property, the fine shall be not less than $500.''. (b) National Park System Land.--Section 3(a) of the National Park Service Organic Act (16 U.S.C. 3(a)) (as designated by section 2(b)) is amended by adding at the end the following: ``(4) Minimum fine.--In the case of a rule or regulation issued under this subsection regarding the use of fire by individuals on the land, if the violation of the rule or regulation was the result of reckless conduct, occurred in an area subject to a complete ban on open fires, and resulted in damage to public or private property, the fine shall be not less than $500.''. (c) National Forest System Land.--The eleventh undesignated paragraph under the heading ``Surveying the public lands'' of the Act of June 4, 1897 (16 U.S.C. 551) (as amended by section 2(d)) is amended by adding at the end the following: ``In the case of a regulation issued under this paragraph regarding the use of fire by individuals on National Forest System land, if the violation of the regulation was the result of reckless conduct, occurred in an area subject to a complete ban on open fires, and resulted in damage to public or private property, the fine shall be not less than $500.''.

Public Land Fire Regulations Enforcement Act - Amends the Federal Land Policy and Management Act of 1976, the National Park Service Organic Act, the National Wildlife Refuge System Administration Act of 1966, and other federal law to provide that: (1) any person who knowingly violates the provisions of such an Act concerning the management, use, and protection of covered lands shall be guilty of a Class A misdemeanor and subject to fine and/or imprisonment; and (2) any person who otherwise violates the provisions of such an Act concerning the management, use, and protection of such covered lands shall be guilty of a Class B misdemeanor and subject to fine and/or imprisonment. Amends the Federal Land Policy and Management Act of 1976, the National Park Service Organic Act, and other federal law to set a minimum fine of $500 for certain fire usage violations on BLM, National Park System, and National Forest System land.

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Personal Protection Act''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds the following: (1) The Second Amendment to the United States Constitution provides that the right of the people to keep and bear arms shall not be infringed. (2) The Second Amendment to the United States Constitution protects the rights of individuals, including those who are not members of a militia or engaged in military service or training, to keep and bear arms. (3) The law-abiding citizens of the District of Columbia are deprived by local laws of handguns, rifles, and shotguns that are commonly kept by law-abiding persons throughout the United States for sporting use and for lawful defense of their persons, homes, businesses, and families. (4) The District of Columbia has one of the highest per capita murder rates in the Nation, which may be attributed in part to local laws prohibiting possession of firearms by law- abiding persons who would otherwise be able to defend themselves and their loved ones in their own homes and businesses. (5) The Federal Gun Control Act of 1968, as amended by the Firearms Owners' Protection Act of 1986, and the Brady Handgun Violence Prevention Act of 1993, provide comprehensive Federal regulations applicable in the District of Columbia as elsewhere. In addition, existing District of Columbia criminal laws punish possession and illegal use of firearms by violent criminals and felons. Consequently, there is no need for local laws which only affect and disarm law-abiding citizens. (6) Legislation is required to correct the District of Columbia's law in order to restore the fundamental rights of its citizens under the Second Amendment to the United States Constitution and thereby enhance public safety. SEC. 3. REFORM D.C. COUNCIL'S AUTHORITY TO RESTRICT FIREARMS. Section 4 of the Act entitled ``An Act to prohibit the killing of wild birds and wild animals in the District of Columbia'', approved June 30, 1906 (34 Stat. 809; section 1-303.43, D.C. Official Code) is amended by adding at the end the following: ``Nothing in this section or any other provision of law shall authorize, or shall be construed to permit, the Council, the Mayor, or any governmental or regulatory authority of the District of Columbia to prohibit, constructively prohibit, or unduly burden the ability of persons not prohibited from possessing firearms under Federal law from acquiring, possessing in their homes or businesses, or using for sporting, self-protection or other lawful purposes, any firearm neither prohibited by Federal law nor subject to the National Firearms Act. The District of Columbia shall not have authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms.''. SEC. 4. REPEAL D.C. SEMIAUTOMATIC BAN. (a) In General.--Section 101(10) of the Firearms Control Regulations Act of 1975 (section 7-2501.01(10), D.C. Official Code) is amended to read as follows: ``(10) `Machine gun' means any firearm which shoots, is designed to shoot, or can be readily converted or restored to shoot automatically, more than 1 shot by a single function of the trigger, and includes the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.''. (b) Conforming Amendment to Provisions Setting Forth Criminal Penalties.--Section 1(c) of the Act of July 8, 1932 (47 Stat. 651; section 22-4501(c), D.C. Official Code) is amended to read as follows: ``(c) `Machine gun', as used in this Act, has the meaning given such term in section 101(10) of the Firearms Control Regulations Act of 1975.''. SEC. 5. REPEAL REGISTRATION REQUIREMENT. (a) Repeal of Requirement.-- (1) In general.--Section 201(a) of the Firearms Control Regulations Act of 1975 (section 7-2502.01(a), D.C. Official Code) is amended by striking ``any firearm, unless'' and all that follows through paragraph (3) and inserting the following: ``any firearm described in subsection (c).''. (2) Description of firearms remaining illegal.--Section 201 of such Act (section 7-2502.01, D.C. Official Code) is amended by adding at the end the following new subsection: ``(c) A firearm described in this subsection is any of the following: ``(1) A sawed-off shotgun. ``(2) A machine gun. ``(3) A short-barreled rifle.''. (3) Conforming amendment.--The heading of section 201 of such Act (section 7--2502.01, D.C. Official Code) is amended by striking ``Registration requirements'' and inserting ``Firearm Possession''. (b) Conforming Amendments to Firearms Control Regulations Act.--The Firearms Control Regulations Act of 1975 is amended as follows: (1) Sections 202 through 211 (section 7-2502.02 through 7- 2502.11, D.C. Official Code) are repealed. (2) Section 101 (section 7-2501.01, D.C. Official Code) is amended by striking paragraph (13). (3) Section 401 (section 7-2504.01, D.C. Official Code) is amended-- (A) in subsection (a), by striking ``the District;'' and all that follows and inserting the following: ``the District, except that a person may engage in hand loading, reloading, or custom loading of ammunition for firearms lawfully possessed under this Act.''; and (B) in subsection (b), by striking ``which are unregisterable under section 202'' and inserting ``which are prohibited under section 201''. (4) Section 402 (section 7-2504.02, D.C. Official Code) is amended-- (A) in subsection (a), by striking ``Any person eligible to register a firearm'' and all that follows through ``such business,'' and inserting the following: ``Any person not otherwise prohibited from possessing or receiving a firearm under Federal of District law, or from being licensed under section 923 of title 18, United States Code,''; and (B) in subsection (b), by amending paragraph (1) to read as follows: ``(1) The applicant's name;''. (5) Section 403(b) (section 7-2504.03(b), D.C. Official Code) is amended by striking ``registration certificate'' and inserting ``dealer's license''. (6) Section 404(a)(3) (section 7-2504.04(a)(3)), D.C. Official Code) is amended-- (A) in subparagraph (B)(i), by striking ``registration certificate number (if any) of the firearm,''; (B) in subparagraph (B)(iv), by striking ``holding the registration certificate'' and inserting ``from whom it was received for repair''; (C) in subparagraph (C)(i), by striking ``and registration certificate number (if any) of the firearm''; (D) in subparagraph (C)(ii), by striking ``registration certificate number or''; (E) in subparagraph (D)(ii), by striking ``or registration number''; and (F) in subparagraph (E), by striking clause (iii) and redesignating clauses (iv) and (v) as clauses (iii) and (iv). (7) Section 406(c) (section 7-2504.06(c), D.C. Official Code) is amended to read as follows: ``(c) Within 45 days of a decision becoming effective which is unfavorable to a licensee or to an applicant for a dealer's license, the licensee or application shall-- ``(1) lawfully remove from the District all destructive devices in his inventory, or peaceably surrender to the Chief all destructive devices in his inventory in the manner provided in section 705; and ``(2) lawfully dispose, to himself or to another, any firearms and ammunition in his inventory.''. (8) Section 407(b) (section 7-2504.07(b), D.C. Official Code) is amended by striking ``would not be eligible'' and all that follows and inserting ``is prohibited from possessing or receiving a firearm under Federal or District law.''. (9) Section 502 (section 7-2505.02, D.C. Official Code) is amended-- (A) by amending subsection (a) to read as follows: ``(a) Any person or organization not prohibited from possessing or receiving a firearm under Federal or District law may sell or otherwise transfer ammunition or any firearm, except those which are prohibited under section 201, to a licensed dealer.''; (B) by amending subsection (c) to read as follows: ``(c) Any licensed dealer may sell or otherwise transfer a firearm to any person or organization not otherwise prohibited from possessing or receiving such firearm under Federal or District law.''; (C) in subsection (d), by striking paragraphs (2) and (3); and (D) by striking subsection (e). (10) Section 704 (section 7-2507.04, D.C. Official Code) is amended-- (A) in subsection (a), by striking ``any registration certificate or'' and inserting ``a''; and (B) in subsection (b), by striking ``registration certificate,''. (c) Other Conforming Amendments.--Section 2(4) of the Illegal Firearm Sale and Distribution Strict Liability Act of 1992 (section 7-- 2531.01(2)(4), D.C. Official Code) is amended-- (1) in subparagraph (A), by striking ``or ignoring proof of the purchaser's residence in the District of Columbia''; and (2) in subparagraph (B), by striking ``registration and''. SEC. 6. REPEAL HANDGUN AMMUNITION BAN. (a) Definition of Restricted Pistol Bullet.--Section 101(13a) of the Firearms Control Regulations Act of 1975 (section 7-2501.01(13a)) is amended to read as follows: ``(13)(A) `Restricted pistol bullet' means-- ``(i) a projectile or projectile core which may be used in a handgun and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium; or ``(ii) a full-jacketed projectile larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total weight of the projectile. ``(B) The term `restricted pistol bullet' does not include shotgun shot required by Federal or State environmental or game regulations for hunting purposes, a frangible projectile designed for target shooting, a projectile which the Attorney General of the United States (pursuant to section 921(a)(17) of title 18, United States Code) finds is primarily intended to be used for sporting purposes, or any other projectile or projectile core which the Attorney General finds is intended to be used for industrial purposes, including a charge used in an oil and gas well perforating device.''. (b) Repeal of Ban.--Section 601 of the Firearms Control Regulations Act of 1975 (section 7-2506.01, D.C. Official Code) is amended-- (1) by striking ``ammunition'' each place it appears (other than paragraph (4)) and inserting ``restricted pistol bullets''; and (2) by striking paragraph (3) and redesignating paragraph (4) as paragraph (3). SEC. 7. RESTORE RIGHT OF SELF DEFENSE IN THE HOME. Section 702 of the Firearms Control Regulations Act of 1975 (section 7-2507.02, D.C. Official Code) is repealed. SEC. 8. REMOVE CRIMINAL PENALTIES FOR POSSESSION OF UNREGISTERED FIREARMS. (a) In General.--Section 706 of the Firearms Control Regulations Act of 1975 (section 7-2507.06, D.C. Official Code) is amended-- (1) by striking ``that:'' and all that follows through ``(1) A'' and inserting ``that a''; and (2) by striking paragraph (2). (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to violations occurring after the 60-day period which begins on the date of the enactment of this Act. SEC. 9. REMOVE CRIMINAL PENALTIES FOR CARRYING A FIREARM IN ONE'S DWELLING OR OTHER PREMISES. (a) In General.--Section 4(a) of the Act of July 8, 1932 (47 Stat. 651; section 22-4504(a), D.C. Official Code) is amended-- (1) in the matter before paragraph (1), by striking ``a pistol,'' and inserting the following: ``except in his dwelling house or place of business or on other land possessed by that person, whether loaded or unloaded, a firearm,''; and (2) by striking ``except that:'' and all that follows through ``(2) If the violation'' and inserting ``except that if the violation''. (b) Treatment of Certain Exceptions.--Section 5(a) of such Act (47 Stat. 651; section 22-4505(a), D.C. Official Code) is amended-- (1) by striking ``pistol'' each place it appears and inserting ``firearm''; and (2) by striking the period at the end and inserting the following: ``, or to any person while carrying or transporting a firearm used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a firearms or hunter safety class, trapping, or a dog obedience training class or show, or the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition while the person is engaged in, on the way to, or returning from that activity if each firearm is unloaded and carried in an enclosed case or an enclosed holster, or to any person carrying or transporting a firearm in compliance with sections 926A, 926B or 926C of title 18, United States Code.''. (c) Effective Date.--The amendments made by this section shall apply with respect to violations occurring after the 60-day period which begins on the date of the enactment of this Act.

District of Columbia Personal Protection Act - Amends specified law prohibiting the killing of wild birds and wild animals in the District of Columbia to declare that nothing in it or any other provision of law shall authorize or be construed to permit the Council, the Mayor, or any governmental or regulatory authority of the District to prohibit, constructively prohibit, or unduly burden the ability of persons otherwise not prohibited from possessing firearms under Federal law from acquiring, possessing in their homes or businesses, or using for sporting, self-protection or other lawful purposes, any firearm neither prohibited by Federal law nor subject to the National Firearms Act. Denies the District any authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms. Amends the Firearms Control Regulations Act of 1975 to repeal the definition of a machine gun as any firearm which shoots, is designed to shoot, or can be readily converted or restored to shoot semiautomatically, more than 12 shots without manual reloading. (Thus repeals the ban on semiautomatic weapons.) Redefines "machine gun" to include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person. Repeals the District's: (1) registration requirement for possession of firearms; (2) prohibition on possession of handgun restricted pistol bullets; and (3) requirement that, under certain conditions, firearms in the possession of certain individuals must be kept unloaded, disassembled, or with the trigger locked. Repeals the definition of restricted pistol bullet as any bullet designed for use in a pistol which, when fired from a pistol with a barrel of five inches or less in length, is capable of penetrating commercially available body armor with a penetration resistance equal to or greater than that of 18 layers of kevlar. Maintains the current ban on the possession and control of a sawed-off shotgun, machine gun, or short-barreled rifle. Eliminates criminal penalties for possessing an unregistered firearm. Amends Federal law to eliminate criminal penalties for carrying a pistol whether loaded or unloaded in one's dwelling house, place of business, or on land possessed by such person. Amends the District of Columbia Code to extend to firearms generally (currently, only to pistols) the prohibition against carrying such a weapon either openly or concealed within the District without a license issued pursuant to D.C. law. Specifies exceptions to the prohibition against carrying concealed weapons in the District.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Filipino Veterans Entitlement Act''. SEC. 2. ESTABLISHMENT OF COMMISSION. There is hereby established the Commission on Filipino War Veterans Entitlement (hereinafter in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF THE COMMISSION. (a) In General.--It shall be the duty of the Commission to-- (1) review the facts and circumstances surrounding the enactment of those provisions of the First Supplemental Surplus Appropriation Rescission Act, 1946 (Public Law 301 of the 79th Congress, now codified as section 107 of title 38, United States Code), that required the denial of most veterans' benefits and privileges to Filipino veterans of World War II; (2) review existing Department of Veterans Affairs benefits and medical privileges that are available to those veterans; (3) determine what type and kind of fair, equitable, and justifiable veterans' benefits are due to those veterans; and (4) recommend appropriate changes in law. (b) Hearings.--The Commission shall hold public hearings in the cities of Manila, Cebu, and Davao in the Philippines; Los Angeles and San Francisco, California; Chicago, Illinois; Houston, Texas; New York, New York; Washington, DC; Honolulu, Hawaii, and in any other location that the Commission determines to be appropriate. (c) Report.--The Commission shall submit to Congress a written report of its findings and recommendations not later than October 1, 1994. SEC. 4. MEMBERSHIP. (a) Composition.--The Commission shall be composed of seven members, who shall be appointed as follows: (1) Three members shall be appointed by the President. (2) Two members shall be appointed by the Speaker of the House of Representatives. (3) Two members shall be appointed by the President pro tempore of the Senate. (b) Terms, Vacancies.--The term of office for members shall be for the life of the Commission. A vacancy in the Commission shall not affect its powers and shall be filled in the same manner in which the original appointment was made. (c) First Meeting.--The first meeting of the Commission shall be called by the President within 60 days after the date of the enactment of this Act. (d) Quorum.--Four members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (e) Chairman, Vice Chairman.--The Commission shall elect a chairman and vice chairman from among its members. The term of office of each shall be for the life of the Commission. (f) Compensation.--Each member of the Commission who is not otherwise employed by the United States Government shall receive compensation at a rate equal to the daily rate prescribed for GS-18 under the General Schedule contained in section 5332 of title 5, United States Code, for each day, including travel time, the member is engaged in the actual performance of the member's duties as a member of the Commission. A member of the Commission who is an officer or employee of the United States Government shall serve without additional compensation. All members of the Commission shall be reimbursed for travel, subsistence, and other actual and necessary expenses incurred by them in the performance of their duties. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings; Subpoenas.--The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this Act, hold such hearings and sit and act at such times and places, and request the attendance and testimony of such witnesses and the production of such books, records, correspondence, memorandum, papers, and documents as the Commission or such subcommittee or member may deem advisable. The Commission may request the Attorney General to invoke the aid of an appropriate United States District Court to require, by subpoena or otherwise, such attendance, testimony, or production. (b) Information From Executive Agencies.--The Commission may require directly from the head of any department, agency, independent instrumentality, or other authority of the executive branch of the Government, available information which the Commission considers useful in the discharge of its duties. All departments, agencies, and independent instrumentalities, or other authorities of the executive branch of the Government shall cooperate with the Commission and furnish all information requested by the Commission to the extent permitted by law. SEC. 6. ADMINISTRATIVE PROVISIONS. The Commission is authorized to-- (1) appoint and fix the compensation of such personnel as may be necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the compensation of any employee of the Commission may not exceed a rate equivalent to the rate payable under GS-18 of the General Schedule under section 5332 of such title; (2) obtain the services of experts and consultants in accordance with the provisions of section 3109 of such title; (3) enter into agreements with the Administrator of General Services for procurement of necessary financial and administrative services, for which payment shall be made by reimbursement from funds of the Commission in such amounts as may be agreed upon by the Chairman of the Commission and the Administrator; (4) procure supplies, services, and property by contract in accordance with applicable laws and regulations and to the extent or in such amounts as are provided in appropriation Acts; and (5) enter into contracts with Federal or State agencies, private firms, institutions, and agencies for the conduct of research or surveys, the preparation of reports and other activities necessary to the discharge of the duties of the Commission, to the extent or in such amounts as are provided in appropriation Acts. SEC. 7. TERMINATION. The Commission shall terminate on February 1, 1995. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is hereby authorized to be appropriated $2,000,000 to carry out the provisions of this Act.

Commission on Filipino Veterans Entitlement Act - Establishes the Commission on Filipino War Veterans Entitlement to: (1) review the facts and circumstances surrounding the enactment of provisions of the First Supplemental Surplus Appropriation Rescission Act, 1946, which denied most veterans' benefits and privileges to Filipino veterans of World War II; (2) review existing Department of Veterans Affairs benefits and medical privileges available to those veterans; (3) determine what type of veterans' benefits are due to such veterans; and (4) recommend appropriate changes in law. Terminates the Commission on February 1, 1995. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Audit of the IRS Act of 1997''. SEC. 2. FINDINGS. The Congress finds that the General Accounting Office cannot attest to the reliability of the Internal Revenue Service's financial statements because-- (1) the amount of total revenue and tax refunds could not be verified or reconciled to accounting records maintained for individual taxpayers in the aggregate; (2) the amounts reported for various types of taxes collected, such as social security, income, and excise taxes, could not be substantiated; (3) the reliability of reported estimates for valid accounts receivable and for collectible accounts receivable could not be determined; (4) a significant portion of the Internal Revenue Service's reported nonpayroll operating expenses could not be verified; and (5) amounts reported as appropriations available for operations could not be reconciled fully with the Treasury Department's central accounting records, and hundreds of millions of dollars in differences were identified. SEC. 3. INDEPENDENT AUDIT OF THE INTERNAL REVENUE SERVICE. (a) In General.--The Secretary of the Treasury shall cause to be conducted an audit of the Internal Revenue Service. Such audit shall be conducted by an independent external auditor selected by the Secretary in accordance with subsection (b). (b) Selection of Independent External Auditor.--The independent external auditor shall be selected from among the large, national accounting firms determined by the Secretary to be capable of providing the audit required by this section pursuant to a process by which the Secretary invites such firms to submit a proposal for such audit, together with a bid. (c) Initiation of Audit.--Not later than 60 days after the date of the enactment of this Act, the independent external auditor selected to conduct the audit required by this section shall begin such audit. (d) Auditing Procedures.-- (1) In general.--The audit under subsection (a) shall be conducted in accordance with generally accepted auditing principles. The independent external auditor shall consider the deficiencies described in section 2 as well as effectiveness of accounting organizations and systems, internal audit and control, and related administrative practices of the Internal Revenue Service. (2) Access to information.-- (A) Information given by the internal revenue service.--The Internal Revenue Service shall give the independent external auditor the information such auditor requires about the duties, powers, activities, organization, and financial transactions of the Internal Revenue Service. The independent external auditor may inspect an agency record to obtain such information. (B) Books, papers, personnel, etc.--The independent external auditor shall have such access to the personnel and to the books, papers, and other information of the Internal Revenue Service as such auditor considers necessary or appropriate to conduct the audit required by this section. (e) Protection of Information.-- (1) Level of protection.--The independent external auditor shall maintain the same level of confidentiality for a record made available under this section as is required of the Director of the Internal Revenue Service. Officers and employees of the independent external auditor shall be subject to the same statutory penalties for unauthorized disclosure or use of any such record as officers or employees of the Internal Revenue Service. (2) Personnel privacy.--The independent external auditor shall keep information described in section 552(b)(6) of title 5, United States Code, that such auditor obtains in a way that prevents unwarranted invasions of personal privacy. (3) Providing information to congress.--This section does not authorize information to be withheld from Congress. (f) Report of Results of Audit.--Not later than one year after the initiation of the audit required by this section, the independent external auditor shall submit a report concerning the results of the audit conducted under this section to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. (g) Funding.-- (1) In general.--Except as provided by paragraph (2), amounts appropriated to the Internal Revenue Service shall be available to carry out this section. (2) Exceptions.--Amounts made available to the Internal Revenue Service for the following shall not be available to carry out this section: (A) To maintain a training program to ensure that Internal Revenue Service employees are trained in taxpayers' rights, in dealing courteously with the taxpayers, and in cross-cultural relations. (B) The Tax Counseling for the Elderly Program.

Audit of the IRS Act of 1997 - Directs the Secretary of the Treasury to arrange for an audit of the Internal Revenue Service by an independent external auditor. Sets forth provisions concerning: (1) selection of the auditor; (2) audit procedures; (3) confidentiality; (4) reporting audit results; and (5) funding the audit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Energy Affordability Tax Relief Act of 2008'' or the ``HEATR Act of 2008''. SEC. 2. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to rules of special application) is amended by adding at the end the following new section: ``SEC. 6431. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS. ``(a) General Rule.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the lesser of-- ``(1) 33 percent of the amount of the taxpayer's residential energy costs for such taxable year, or ``(2) $500. ``(b) Income Limitation.-- ``(1) In general.--The amount allowable as a credit under subsection (a) for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable (determined without regard to this paragraph) as-- ``(A) the amount (if any) by which the taxpayer's adjusted gross income exceeds $50,000 (twice such amount in the case of a joint return), bears to ``(B) $10,000 (twice such amount in the case of a joint return). ``(2) Determination of adjusted gross income.--For purposes of paragraph (1), adjusted gross income shall be determined without regard to sections 911, 931, and 933. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Residential energy costs.--The term `residential energy costs' means the amount paid or incurred by the taxpayer during the taxable year-- ``(A) to any utility for electricity or natural gas used in the principal residence of the taxpayer during the heating season, and ``(B) for any qualified fuel for use in the principal residence of the taxpayer but only if such fuel is the primary fuel for heating such residence. ``(2) Principal residence.-- ``(A) In general.--The term `principal residence' has the meaning given to such term by section 121; except that no ownership requirement shall be imposed. ``(B) Special rules.--Such term shall not include-- ``(i) any residence located outside the United States, and ``(ii) any residence not used as the taxpayer's principal place of abode throughout the heating season. ``(3) Heating season.--The term `heating season' means October, November, December, January, February, and March. ``(4) Qualified fuel.--The term `qualified fuel' includes propane, heating oil, kerosene, wood, and wood pellets. ``(d) Other Special Rules.-- ``(1) Individuals paying on level payment basis.--Amounts paid for natural gas under a level payment plan for any period shall be treated as paid for natural gas used during the portion (if any) of the heating season during such period to the extent of the amount charged for natural gas used during such portion of the heating season. A similar rule shall apply to electricity and any qualified fuel. ``(2) Homeowners associations, etc.--The application of this section to homeowners associations (as defined in section 528(c)(1)) or members of such associations, and tenant- stockholders in cooperative housing corporations (as defined in section 216), shall be allowed by allocation, apportionment, or otherwise, to the individuals paying, directly or indirectly, for the residential energy cost so incurred. ``(3) Dollar amount in case of joint occupancy.--In the case of a dwelling unit which is the principal residence by 2 or more individuals, the dollar limitation under subsection (a)(2) shall be allocated among such individuals under regulations prescribed by the Secretary. ``(4) Treatment as refundable credit.--For purposes of this title, the credit allowed by this section shall be treated as a credit allowed under subpart C of part IV of subchapter A of chapter 1 (relating to refundable credits). ``(e) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in 2009, each of the dollar amounts contained in subsections (a)(2) and (b)(1)(A) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) in the case of-- ``(i) the dollar amount contained in subsection (a)(2), the fuel price inflation adjustment for 2009, and ``(ii) the dollar amount contained in subsection (b)(1)(A), the cost-of-living adjustment determined under section 1(f)(3) for 2009 by substituting `calendar year 2007' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Fuel price inflation adjustment.--For purposes of paragraph (1)(B)(i)-- ``(A) In general.--The fuel price inflation adjustment for 2009 is the percentage (if any) by which-- ``(i) the CPI fuel component for October of 2008, exceeds ``(ii) the CPI fuel component for October of 2007. ``(B) CPI fuel component.--The term `CPI fuel component' means the fuel component of the Consumer Price Index for All Urban Consumers published by the Department of Labor. ``(3) Rounding.-- ``(A) Credit amount.-- ``(i) Credit amount.--If the dollar amount in subsection (a)(2) (after being increased under paragraph (1)), is not a multiple of $10, such dollar amount shall be rounded to the nearest multiple of $10. ``(ii) Income threshold.--If the dollar amount in subsection (b)(1)(A) (after being increased under paragraph (1)), is not a multiple of $50, such dollar amount shall be rounded to the next lowest multiple of $50. ``(f) Application of Section.--This section shall apply to residential energy costs paid or incurred after the date of the enactment of this section, in taxable years ending after such date, and before January 1, 2010.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking ``or 6428 or'' and inserting ``, 6428, 6431, or''. (2) The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: ``Sec. 6431. Refundable credit for residential energy costs.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 3. ELIMINATION OF DEDUCTION FOR INTANGIBLE DRILLING AND DEVELOPMENT COSTS FOR MAJOR OIL COMPANIES. (a) In General.--Section 263(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentences: ``This subsection shall not apply during any taxable year with respect to an applicable taxpayer (as defined in section 901(m)(2)) if during the preceding taxable year for the production of oil, the average price of crude oil in the United States is greater than $34.71 per barrel, and for the production of natural gas, the average wellhead price of natural gas in the United States is greater than $4.34 per 1,000 cubic feet. For purposes of the preceding sentence, the Secretary shall determine average prices, taking into consideration the most recent data reported by the Energy Information Administration. For taxable years beginning after December 31, 2008, each dollar amount specified in this subsection shall be adjusted to reflect changes for the 12- month period ending the preceding September 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO MAJOR OIL COMPANIES WHICH ARE DUAL CAPACITY TAXPAYERS. (a) In General.--Section 901 of the Internal Revenue Code of 1986 (relating to credit for taxes of foreign countries and of possessions of the United States) is amended by redesignating subsection (m) as (n) and by inserting after subsection (l) the following new subsection: ``(m) Special Rules Relating to Major Oil Companies Which Are Dual Capacity Taxpayers.-- ``(1) General rule.--Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is an applicable taxpayer (as defined in section 5896(b)) to a foreign country or possession of the United States for any period shall not be considered a tax-- ``(A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or ``(B) to the extent such amount exceeds the amount (determined in accordance with regulations) which-- ``(i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or ``(ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). ``(2) Applicable taxpayer.--For purposes of this subsection, the term `applicable taxpayer' means, with respect to operations in the United States-- ``(A) any integrated oil company (as defined in section 291(b)(4)), and ``(B) any other producer or refiner of crude oil with gross receipts from the sale of such crude oil or refined oil products for the taxable year exceeding $100,000,000. ``(3) Dual capacity taxpayer.--For purposes of this subsection, the term `dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who-- ``(A) is subject to a levy of such country or possession, and ``(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. ``(4) Generally applicable income tax.--For purposes of this subsection-- ``(A) In general.--The term `generally applicable income tax' means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. ``(B) Exceptions.--Such term shall not include a tax unless it has substantial application, by its terms and in practice, to-- ``(i) persons who are not dual capacity taxpayers, and ``(ii) persons who are citizens or residents of the foreign country or possession.''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (2) Contrary treaty obligations upheld.--The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States. SEC. 5. ELIMINATION OF ENHANCED OIL RECOVERY CREDIT FOR MAJOR OIL COMPANIES. (a) In General.--Section 43 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Nonapplication of Section.--This section shall not apply during any taxable year with respect to an applicable taxpayer (as defined in section 901(m)(2)) if during the preceding taxable year for the production of oil, the average price of crude oil in the United States is greater than $34.71 per barrel. For purposes of the preceding sentence, the Secretary shall determine average prices, taking into consideration the most recent data reported by the Energy Information Administration. For taxable years beginning after December 31, 2008, the dollar amount specified in this paragraph shall be adjusted to reflect changes for the 12-month period ending the preceding September 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Home Energy Affordability Tax Relief Act of 2008 or the HEATR Act of 2008 - Amends the Internal Revenue Code to allow individual taxpayers an income-based refundable tax credit for residential energy costs. Limits such credit to the lesser of 33% of such costs or $500. Eliminates for major integrated oil companies: (1) the tax deduction for intangible drilling and development costs in taxable years in which the average price of crude oil is greater than $34.71 per barrel and the average price of natural gas is greater that $4.34 per 1,000 cubic feet; and (2) the tax credit for enhanced oil recovery costs in taxable years in which the average price of crude oil is greater than $34.71 per barrel. Denies such oil companies and certain producers or refiners of crude oil a foreign tax credit for payments to certain foreign countries or U.S. possessions from which they receive a specified economic benefit as a dual capacity taxpayer.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Virtual Screening for Cancer Act of 2007''. SEC. 2. SCREENING COMPUTED TOMOGRAPHY COLONOGRAPHY INCLUDED AS A COLORECTAL SCREENING TEST FOR PURPOSES OF COVERAGE UNDER THE MEDICARE PROGRAM. (a) In General.--Section 1861(pp)(1) of the Social Security Act (42 U.S.C. 1395x(pp)(1)) is amended-- (1) by redesignating subparagraph (D) as subparagraph (E); and (2) by inserting after subparagraph (C) the following new subparagraph: ``(D) Screening computed tomography colonography.''. (b) Frequency Limits and Payment for Screening Computed Tomography Colonography.--Section 1834(d) of the Social Security Act (42 U.S.C. 1395m(d)) is amended by adding at the end the following new paragraph: ``(4) Screening computed tomography colonography.-- ``(A) Fee schedule.--With respect to a colorectal cancer screening test consisting of screening computed tomography colonography, payment under section 1848 shall be consistent with payment under such section for similar or related services. ``(B) Payment limit.--In the case of screening computed tomography colonography, payment under this part shall not exceed such amount as the Secretary specifies, based upon rates recognized for diagnostic computed tomography colonography. ``(C) Facility payment limit.-- ``(i) In general.--Notwithstanding subsections (i)(2)(A) and (t) of section 1833, in the case of screening computed tomography colonography furnished on or after January 1, 2008, that-- ``(I) in accordance with regulations, may be performed in an ambulatory surgical center and for which the Secretary permits ambulatory surgical center payments under this part; and ``(II) are performed in an ambulatory surgical center or hospital outpatient department, payment under this part shall be based on the lesser of the amount under the fee schedule that would apply to such services if they were performed in a hospital outpatient department in an area or the amount under the fee schedule that would apply to such services if they were performed in an ambulatory surgical center in the same area. ``(ii) Limitation on coinsurance.-- Notwithstanding any other provision of this title, in the case of a beneficiary who receives the services described in clause (i)-- ``(I) in computing the amount of any applicable copayment, the computation of such coinsurance shall be based upon the fee schedule under which payment is made for the services; and ``(II) the amount of such coinsurance shall not exceed 25 percent of the payment amount under the fee schedule described in subclause (I). ``(D) Frequency limit.--No payment may be made under this part for a colorectal cancer screening test consisting of a screening computed tomography colonography-- ``(i) if the individual is under 50 years of age; or ``(ii)(I) in the case of individuals at high risk for colorectal cancer, if the procedure is performed within the 23 months after a previous screening computed tomography colonography or a previous screening colonoscopy; or ``(II) in the case of an individual who is not at high risk for colorectal cancer, if the procedure is performed within the 119 months after a previous screening colonoscopy or within the 47 months after a previous screening flexible sigmoidoscopy or a previous screening computed tomography colonography.''. (c) Conforming Frequency Limits for Other Colorectal Cancer Screening Tests.-- (1) Screening flexible sigmoidoscopy.--Paragraph (2)(E)(ii) of section 1834(d) of the Social Security Act (42 U.S.C. 1395m(d)) is amended by inserting ``or screening computed tomography colonography'' after ``previous screening flexible sigmoidoscopy''. (2) Screening colonoscopy.--Paragraph (3)(E) of such section is amended-- (A) by inserting ``or screening computed tomography colonography'' after ``23 months after a previous screening colonoscopy''; and (B) by inserting ``or screening computed tomography colonography'' after ``screening flexible sigmoidoscopy''. (d) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2009. SEC. 3. EXEMPTION OF SCREENING COMPUTED TOMOGRAPHY COLONOGRAPHY FROM SPECIAL RULE ON IMAGING SERVICES. (a) In General.--Section 1848(b)(4)(B) of the Social Security Act (42 U.S.C. 1395w-4(b)(4)(B)) is amended by inserting ``and screening computed tomography colonography'' after ``diagnostic and screening mammography''. (b) Effective Date.--The amendment made by subsection (a) shall apply to items and services furnished on or after January 1, 2009.

Virtual Screening for Cancer Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to: (1) provide Medicare coverage for screening computed tomography as a colorectal screening test; and (2) exclude screening computed tomography colonography from the meaning of "imaging services" for which there is a special rule regarding outpatient services department (OPD) fee schedule payments.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Pipelines Act of 2000''. SEC. 2. FEDERAL SAFETY CERTIFICATION OF PIPELINE EMPLOYEES. Section 60102(a)(1)(C) of title 49, United States Code, is amended to read as follows: ``(C) shall include a requirement that all individuals responsible for the operation and maintenance of pipeline facilities shall be tested for qualification to perform such functions and certified by the Secretary to perform such functions.''. SEC. 3. CORROSION TESTING. Section 60102(f) of title 49, United States Code, is amended by adding at the end the following: ``(3) Corrosion testing.--Not later than 180 days after the date of enactment of this paragraph, the Secretary shall require that the operator of a pipeline facility with an instrumented internal inspection device periodically test the facility for corrosion and anomalies and make the results of the test available to the public. The period between each test shall be no longer than 5 years.''. SEC. 4. NOTIFICATION OF SPILLS. Section 60102(h)(1) of title 49, United States Code, is amended-- (1) by redesignating subparagraphs (A) and (B) as subparagraphs (C) and (D), respectively; and (2) by inserting before subparagraph (C) (as so redesignated) the following: ``(A) spill of more than 40 gallons; ``(B) rupture of a pipeline;''. SEC. 5. HYDROSTATIC TESTING. Section 60108 of title 49, United States Code, is amended-- (1) by adding at the end of subsection (b) the following: ``(4) Hydrostatic testing.--See subsection (d).''; and (2) by adding at the end the following: ``(d) Hydrostatic Testing.-- ``(1) In general.--Subject to this subsection, the Secretary shall require that the operator of a covered pipeline facility hydrostatically test the facility and make the results of the test available to the public. ``(2) Initial testing.--A pipeline facility shall be hydrostatically tested not later than 30 days after the date on which the facility becomes a covered pipeline facility under this subsection. ``(3) Intervals of testing.--Hydrostatic testing required pursuant to this subsection shall be conducted not less than once every 5 years ``(4) Alternative methods.--Upon request of the operator of a covered pipeline facility (other than a facility that is on the Secretary's list of high-risk pipelines), the Secretary may approve an alternative method of testing the facility (including inspection by an instrumented internal inspection device) for structural weaknesses instead of hydrostatic testing of the facility if the Secretary first provides written notification in the Federal Register and to interested State and local governments and other persons of the proposed approval and provides a period of 90 days for public comment on the proposed approval. ``(5) List of high-risk pipelines.-- ``(A) In general.--Not later than 90 days after the date of enactment of this subsection, the Secretary shall establish a list of high-risk pipelines. A pipeline facility shall be placed on the list if the facility-- ``(i) has experienced 2 or more reportable leaks (not including leaks that occurred during a hydrostatic test of the pipeline facility) due to corrosion or defect in the preceding 3- year period; ``(ii) has experienced 3 or more reportable leaks (not including leaks that occurred during a hydrostatic test of the pipeline facility) due to corrosion, defect, or in whole or in part by external forces in the preceding 3-year period; ``(iii) is less than 50 miles long and has experienced a reportable leak (not including a leak that occurred during a hydrostatic test of the pipeline facility) due to corrosion or defect in the preceding 3-year period; and ``(iv) has experienced a reportable leak in the preceding 5-year period due to corrosion or defect (except during a hydrostatic test of the pipeline facility) on a section of pipeline that has been in operation for more than 30 years. ``(B) Maintenance.--The Secretary shall maintain and periodically update the list under this paragraph. A pipeline facility placed on the list shall remain on the list until the last day of the 5-year period beginning on the date of the last reportable leak of the pipeline facility due to corrosion or defect. ``(C) Special rule for determination of pipeline length.--For purposes of this paragraph, the length of a pipeline with more than 2 termini shall be the longest distance between any 2 termini on the pipeline. ``(6) Covered pipeline facility defined.--In this subsection, the term `covered pipeline facility' means a pipeline facility subject to this chapter-- ``(A) that is not covered by a certification under section 60105 or an agreement under section 60106; and ``(B)(i) that has been in operation (before, on, or after the date of enactment of this subsection) for a period of 10 years or more; or ``(ii) that is on the Secretary's list of high-risk pipelines under paragraph (5).''. SEC. 6. AVAILABILITY OF PIPELINE MAPS ON INTERNET. Section 60108 of title 49, United States Code, is amended by adding at the end the following: ``(e) Availability of Pipeline Maps on Internet.--Not later than October 1, 2000, the Secretary shall make available on the Internet nationwide maps of the location of all pipeline facilities subject to this chapter.''. SEC. 7. DELEGATION OF AUTHORITY TO STATES. (a) In General.--Chapter 601 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 60129. Delegation of authority to States ``(a) Submission of State Program.--The Governor of each State desiring to administer its own pipeline safety standards for interstate pipelines within its jurisdiction may submit to the Secretary of Transportation a full and complete description of the program the State proposes to establish and administer under State law or under an interstate compact. In addition, the State shall submit a statement from the attorney general (or the attorney for those State pipeline regulatory agencies which have independent legal counsel), or from the chief legal officer in the case of an interstate agency, that the laws of the State or the interstate compact, as the case may be, provide adequate authority to carry out the proposed program. ``(b) Approval.--No State program may contain any standard that is less stringent a standard than established by Federal regulation. The Secretary shall approve each program no later than 90 days after the date on which the program is submitted by the State, unless the Secretary determines that the submitting State does not have the resources or expertise necessary to carry out the program or that the program would overburden the interstate nature of the pipeline in such a way as to compromise safety or that the program includes a standard that is less stringent than a standard established by Federal regulation. ``(c) Withdrawal of Approval.--Whenever the Secretary determines after a public hearing that a State is not administering a program approved under this section in accordance with requirements of this section, the Secretary shall so notify the State and, if appropriate corrective action is not taken within a reasonable time (not to exceed 90 days), the Secretary shall withdraw approval of the program. The Secretary shall not withdraw approval of any program under this subsection unless the Secretary first has notified the State, and made public, in writing the reasons for such withdrawal.''. (b) Conforming Amendment.--The analysis for such chapter is amended by adding at the end the following: ``Sec. 60129. Delegation of authority to States.''. SEC. 8. EFFECTIVENESS OF EXTERNAL LEAK DETECTION SYSTEMS. (a) Study.--The Secretary of Transportation shall conduct a study to determine the effectiveness external leak detection systems, including hydrocarbon sensor cables, for the purpose of improving pipeline leak detection. (b) Report.--Not later than October 1, 2000, the Secretary shall transmit to Congress a report on the results of the study. SEC. 9. COST-BENEFIT ANALYSES OF NATIONAL TRANSPORTATION SAFETY BOARD RECOMMENDATIONS. Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall complete cost-benefit analyses of all recommendations made by the National Transportation Safety Board to the Secretary that the Board classifies as being ``open''. SEC. 10. EFFECTIVENESS OF DOUBLE-WALLED PIPELINES. (a) Study.--The Secretary of Transportation shall conduct a study to determine the effectiveness of double-walled pipelines for the purpose of preventing ruptures and leaks. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the results of the study. SEC. 11. OPTIMAL MINIMUM BURIAL DEPTH. (a) Study.--The Secretary of Transportation shall conduct a study to determine the optimal minimum burial depth of underground pipelines for the purpose of preventing release of hazardous materials into the air. (b) Report and Rulemaking.--Not later than 1 year after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the results of the study and shall issue a notice of proposed rulemaking to modify regulations of the Department of Transportation relating to pipeline burial depth to take into account the results of the study.

(Sec. 3) Directs the Secretary to require an operator of a pipeline facility that: (1) has an instrumented internal inspection device (smart pig) to test the pipeline once every five years for corrosion and anomalies and make test results available to the public; and (2) is not covered by a certain certification under a State pipeline safety program or by a State pipeline safety agreement to test the pipeline hydrostatically once every five years to redetermine its maximum allowable operating pressure of the pipeline and make test results available to the public. Authorizes the Secretary, upon the request of an operator of a non-high-risk pipeline, to approve an alternative method of testing the pipeline, including inspection by smart pig, for structural weaknesses instead of hydrostatic testing if the Secretary first provides notification in the Federal Register and to interested State and local governments and other persons of the proposed approval and provides for public comment. Directs the Secretary to establish a list of high-risk pipelines (that have had a specified number of leaks over a certain period of time). (Sec. 4) Requires pipeline operators to report to the Secretary hazardous liquid spills of more than 40 gallons and ruptures to pipelines. (Sec. 6) Directs the Secretary to make available on the Internet maps of the location of all pipeline facilities subject to the Act. (Sec. 7) Directs the Governor of each State desiring to administer its own pipeline safety standards for interstate pipelines to submit to the Secretary a complete description of its proposed program. Prohibits a State program from containing standards that are less stringent than those established by Federal law. (Sec. 8) Directs the Secretary to study and report to Congress on the effectiveness of: (1) external leak detection systems (including hydrocarbon sensor cables) for the purpose of improving pipeline leak detection; and (2) double-walled pipelines for the purpose of preventing ruptures and leaks. (Sec. 9) Directs the Secretary to complete cost-benefit analyses of all recommendations made by the National Transportation Safety Board to the Secretary that the Board classifies as being "open". (Sec. 10) Directs the Secretary to study and report to Congress on the optimal minimum burial depth of underground pipelines for the purpose of preventing the release of hazardous materials in the air.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sergeant Coleman S. Bean Reserve Component Suicide Prevention Act''. SEC. 2. SUICIDE AMONG MEMBERS OF THE INDIVIDUAL READY RESERVE AND INDIVIDUAL MOBILIZATION AUGMENTEES. (a) Finding.--Congress finds that a veteran who is either a member of the Individual Ready Reserve, an Individual Mobilization Augmentee, or an inactive member of the National Guard and is not assigned to a unit that musters regularly and has an established support structure is less likely to be helped by existing suicide prevention programs carried out by the Secretary of Defense and the Secretary of Veterans Affairs. (b) In General.-- (1) Suicide prevention.--Chapter 55 of title 10, United States Code, is amended by adding after section 1074l the following new section: ``Sec. 1074m. Suicide prevention for members of the Individual Ready Reserve, individual mobilization augmentees, and inactive members of the National Guard ``(a) In General.--The Secretary of Defense shall ensure that each covered member receives a telephone call described in subsection (b) not less than once every 90 days during the period in which-- ``(1) the covered member is a member of the Individual Ready Reserve; ``(2) the Secretary determines that the covered member is an individual mobilization augmentee; or ``(3) the covered member is a member of the inactive National Guard. ``(b) Counseling Call.--A telephone call described in this subsection is a call from properly trained personnel to determine the emotional, psychological, medical, and career needs and concerns of the covered member. ``(c) Referral.--(1) The personnel making a telephone call described in subsection (b) shall refer a covered member identified as being at-risk of self-caused harm to the nearest military medical treatment facility, accredited TRICARE provider, or other private provider in accordance with paragraph (3) for immediate evaluation and treatment by a qualified mental health care provider. ``(2) If a covered member is referred under paragraph (1), the Secretary shall confirm that the member has received the evaluation and any necessary treatment. ``(3) In carrying out paragraph (1), the Secretary shall refer a covered member to a qualified private mental health care provider if the Secretary determines that such private provider will ensure that such member will receive treatment and assistance without delay. ``(d) Reports.--Not later than January 31 of each year, beginning in 2013, the Secretary shall submit to Congress a report on-- ``(1) the number of covered members who have been referred for counseling or mental health treatment under this section, as well as the health and career status of such members; and ``(2) any resource, regulatory, or statutory issues that may be impeding the counseling calls under this section from reaching all covered members. ``(e) Covered Member Defined.--In this section, the term `covered member' means-- ``(1) a member of the Individual Ready Reserve described in section 10144(b) of this title who has deployed to Afghanistan or Iraq in support of a contingency operation on or after September 11, 2001; ``(2) a member of a reserve component who the Secretary determines is an individual mobilization augmentee who has deployed to Afghanistan or Iraq in support of a contingency operation on or after September 11, 2001; or ``(3) a member of the inactive National Guard who has deployed to Afghanistan or Iraq in support of a contingency operation on or after September 11, 2001.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1074l the following new item: ``1074m. Suicide prevention for members of the Individual Ready Reserve, individual mobilization augmentees, and inactive members of the National Guard.''. (c) GAO Report.--The Comptroller General of the United States, in cooperation with the Secretary of Defense, shall submit to Congress a report on suicide among covered members (as defined in section 1074m(e) of title 10, United States Code, as added by subsection (b)), including how many such members who have separated from service have committed suicide. (d) Use of Peer Counseling.--Consistent with the findings of the August 2010 report titled ``The Final Report of the Department of Defense Task Force on the Prevention of Suicide by Members of the Armed Forces'', the Secretary of Defense shall develop, evaluate, and more widely disseminate programs (including peer-to-peer counseling) that promote-- (1) connectedness between members of the Armed Forces and the family, peers, and the immediate chain of command of the members; and (2) suicide risk identification and response with particular emphasis on members of the Reserve Components.

Sergeant Coleman S. Bean Individual Ready Reserve Component Suicide Prevention Act - Directs the Secretary of Defense (DOD) to ensure that each of the following individuals receive, at least once every 90 days, a telephone call from properly-trained DOD personnel to determine their emotional, psychological, medical, and career needs and concerns: (1) members of the Individual Ready Reserve who deployed to Afghanistan or Iraq in support of a contingency operation, (2) a member of a reserve component who the Secretary determines is an individual mobilization augmentee who has so deployed, or (3) a member of the inactive National Guard. Requires the person making the call to refer a member identified as being at-risk of self-caused harm to the nearest military medical treatment facility or accredited TRICARE (a DOD managed health care program) provider for immediate evaluation and necessary treatment. Directs the Secretary to refer such member to a private provider upon determining that such provider will ensure that the member will receive treatment and assistance without delay. Requires annual reports from the Secretary to Congress on the number of members so referred, as well as their health and career status, and any situations that may be impeding the counseling calls from reaching all appropriate members. Requires a one-time report from the Comptroller General to Congress on suicide among such members. Directs the Secretary to develop, evaluate, and more widely disseminate programs that promote: (1) connectivity between members of the Armed Forces and their family, peers, and immediate chain of command; and (2) suicide risk identification and response, with particular emphasis on members of reserve components.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Engaging Students Through Service Learning Act''. SEC. 2. K-12 SERVICE-LEARNING PROGRAM. (a) In General.--Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end the following: ``PART E--ENHANCING THE EFFECTIVENESS OF K-12 EDUCATION THROUGH SERVICE LEARNING ``SEC. 2501. FINDINGS. ``The Congress finds as follows: ``(1) Students learn best when they are actively engaged in meaningful and challenging learning experiences that encourage higher order skills development, critical thinking, and problem solving. ``(2) Service learning is a pedagogy that encompasses key elements of effective teaching and learning, including active learning, authentic experiences, opportunities for peer collaboration, problem solving, student leadership and empowerment, and cognitively challenging academic activities. ``(3) Students invest themselves in learning when their educational experiences have personal meaning to them and are connected to authentic, real issues in their everyday lives. ``(4) In service learning, students apply their knowledge and skills to solve actual community problems and experience the real-world value of what they are learning in school. Service learning can therefore have a powerful effect on students, increasing their academic engagement, their civic engagement and their social and emotional development. ``(5) Service learning can have a powerful effect on students, helping them to increase their academic engagement and performance, their civic engagement and desire to help others, and their social-emotional learning in areas related to 21st century skill acquisition, such as task persistence, intellectual curiosity, and ability to work in teams. ``(6) In service learning, students connect to the community and to their classmates in ways that are far more powerful than simple cooperative learning. ``(7) Service learning has been found to promote behavioral and dispositional factors that mediate students' educational success such as greater motivation for school, engagement in learning tasks, building of self-efficacy and self-esteem, and propensity to engage in pro-social behaviors. ``(8) Research has demonstrated that test scores of students who participated in service learning are higher in reading, writing, mathematics, social studies, and science than those of non-participants. ``(9) High-quality service learning will improve student achievement and our schools because it employs effective, experiential learning strategies associated with student engagement in academic work and preparation for success in college and the workplace, engages students in solving complex problems, probes for deeper learning, and seeks opportunities for students to transfer knowledge from one context to another. ``(10) Principals report that service learning has a positive impact on teacher satisfaction, school climate, academic achievement, and school engagement. ``(11) Teachers who use service learning in the classroom as a type of positive teaching strategy achieve better results in a variety of academic and behavioral categories than those who don't, are more effective, challenged, and energized, and are more likely to remain within their chosen profession. ``(12) Only an estimated 24 percent of the approximately 53,300,000 K-12 youth in the United States are given the opportunity to engage in any kind of service-learning experience, a decline from 32 percent in 1999. ``(13) Schools in high poverty areas are less likely to employ service learning as a teaching strategy, yet research has shown this is a particularly effective pedagogy for use in such schools. Service learning can significantly reduce the achievement gap between affluent and low-income students. Low- income students who participated in service opportunities have better school attendance and grades than low-income students who do not participate. ``(14) There is a need for a rigorous and focused initiative to demonstrate and broadly promote high-quality service learning that enhances teacher effectiveness, improves student learning and educational success, and positively affects school climate. ``(15) State educational agencies are the only entities with comprehensive, statewide responsibility for the quality of learning within a State. ``SEC. 2502. PURPOSE. ``The purpose of this part is to authorize a national elementary and secondary school service-learning program that will expand opportunities for students to engage in high-quality service learning that-- ``(1) promotes student achievement in academic subjects, including science, technology, engineering, and mathematics; ``(2) incorporates 21st century skills, such as critical thinking, problem solving and collaboration; ``(3) integrates content knowledge and use of technology; ``(4) enhances school climate and civic engagement; and ``(5) improves post-school outcomes. ``SEC. 2503. NATIONAL ACTIVITIES. ``The Secretary shall reserve funds for national activities as follows: ``(1) The Secretary shall reserve not more than 10 percent to establish a National Center for K-12 Service Learning-- ``(A) to provide resources to State educational agencies to develop and expand the capacity of local educational agencies to improve teacher quality, school climate, and educational outcomes by providing an infrastructure for sustainable service-learning efforts through vision and leadership, professional development, curriculum and assessment, school- community collaborations, and continuous improvement; and ``(B) to provide oversight, establish linkages with key Federal education initiatives, foster sustainability, provide evidence for the strengths and limitations of service-learning practices, and disseminate study findings. ``(2) The Secretary shall reserve not more than 10 percent for research and evaluation activities, including a study, conducted by the Institute of Education Sciences and connecting with State longitudinal data systems, on the effects of academic service learning on instructional quality and the academic success of students in low-performing schools. The study shall include the following elements: ``(A) A comprehensive, rigorous research design that builds on prior studies on effective pedagogies, service learning, and student success. ``(B) Gathering qualitative and quantitative data to comprehensively assess the impact service learning has on students' academic, civic, and behavioral performance, including student engagement. ``(C) Tracking and measuring the success of systemic district-level change based on exemplary service-learning policies and practices. ``(D) Measuring the effectiveness of a quality professional development leadership system, including the effect the professional development provided under this section has on teaching and pedagogy, including the impact on teachers likelihood of providing students with real-world problem-solving opportunities, opportunities for deeper learning and tying academic concepts to real-world contexts, opportunities for leadership, and opportunities for peer collaboration. ``(E) Systematically measuring the influence of service-learning participation on students' academic achievement within and across States. ``(F) Reporting annually to the public and the Congress. ``(3) The Secretary shall reserve not more than 5 percent for training and technical assistance for State-level program development. The Secretary shall contract with an entity, or entities, with a demonstrated record of achievement in promoting and disseminating best practices in service learning-- ``(A) to continually scan the field and build an ever-expanding knowledge base of exemplary service- learning models; ``(B) to ensure the dissemination, adoption, and continuous improvement of these exemplary practices at the State and local level; and ``(C) to conduct specific activities, including-- ``(i) developing and disseminating exemplary program models that demonstrate how high-quality service-learning programs can be replicated and can become sustainable at the State and local level by advancing the use of service learning as a high-quality instructional pedagogy; ``(ii) providing resources to support effective policy development at the State and local level to advance efforts with respect to high-quality teachers and equitable distribution of quality teachers; and ``(iii) providing exemplary professional development models and technical assistance materials that are available to any interested party. ``SEC. 2504. STATE ACTIVITIES. ``(a) Grants.--A State educational agency desiring a grant under this part shall submit an application to the Secretary that includes the following assurances: ``(1) All local educational agencies in the State shall have access to high-quality professional development and peer mentoring through a cascade model, including resources and ongoing support to transform instructional practices. ``(2) The State educational agency shall generate strategies for improvement in the lowest performing areas utilizing service-learning policies and practices, National School Climate Standards, and exemplary practices for enhancing teacher quality. ``(3) The State educational agency shall establish State policies and support systems that result in effective programs. ``(4) The State educational agency shall establish effective partnerships to develop systemic implementation of service learning in teacher preparation and professional development. ``(b) Service-Learning Specialist.--Of the funds made available to a State educational agency under this part, the agency shall reserve 10 percent to support a service-learning specialist who acts as a conduit of information between the State and local level, provides training and technical assistance, program improvement, and progress monitoring ``(c) State-Level Activities.--Of the funds made available to a State educational agency under this part, the agency shall reserve 30 percent to support the following: ``(1) Collaboration and mentoring to increase consistency in implementation across States to ensure high-quality practice and sustainability. ``(2) Implementation of a statewide cascade professional development model. ``(3) Onsite support and mentoring of local educational agencies. ``(4) Dissemination of resources to support quality implementation, capacity building, and sustainability of local efforts, including through grants or contracts with qualified national intermediaries or community-based organizations. ``SEC. 2505. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES. ``(a) In General.--A State educational agency that receives funds under this part shall use the funds remaining after the application of section 2504 to make subgrants to local educational agencies that use-- ``(1) the service-learning model to strengthen the content area disciplines and implementation of key educational innovations in areas with a high percentage of underperforming youth; and ``(2) a cascade professional model to bring practice to scale. ``(b) Competitive Subgrants.--Subgrants shall be made on a competitive basis with consideration for geographic diversity, including an equitable distribution between urban and rural local educational agencies. Priority shall go to local education agencies with high proportions of students living in poverty or performing below grade level. ``(c) Application.--A local educational agency applying for a subgrant under this section shall submit an application to the State educational agency that includes information on how-- ``(1) funds will be used to participate in the cascade professional development model, ensure sustainability, and replicate the service-learning model to increase academic engagement and performance in content area courses, increase civic skills and engagement, and enable students in low performing schools to help their own communities by giving them the knowledge, skills, and opportunities necessary to participate in high-quality service-learning experiences; ``(2) educators will-- ``(A) receive support in using instructional practices that incorporate the application of academic knowledge and skills to address relevant needs in their community; and ``(B) identify current data, set measurable goals for their instructional activities, and measure impact on both students and the community; and ``(3) partnerships will be established to create a community-wide expectation that service learning is an essential part of a high-quality education. ``SEC. 2506. DEFINITION OF CASCADE PROFESSIONAL DEVELOPMENT MODEL. ``In this part, the term `cascade professional development model' means a professional development model in which specialists are trained in high-quality practice and delivery of professional development. These experts then train educators, who are responsible for training, mentoring, and supporting their peers. This model allows for replication of effective practice and increased consistency in quality among all States. ``SEC. 2507. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2013 and succeeding fiscal years.''. (b) Conforming Amendment.--The table of contents for the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 2441 the following: ``Part E--Enhancing the Effectiveness of K-12 Education Through Service Learning ``Sec. 2501. Findings. ``Sec. 2502. Purposes. ``Sec. 2503. National activities. ``Sec. 2504. State activities. ``Sec. 2505. Subgrants to local educational agencies. ``Sec. 2506. Definition of cascade professional development model. ``Sec. 2507. Authorization of appropriations.''.

Engaging Students Through Service Learning Act - Amends title II of the Elementary and Secondary Education Act of 1965 to establish an Enhancing the Effectiveness of K-12 Education through Service Learning grant program. Directs the Secretary of Education to reserve a portion of program funds to: (1) establish a National Center for K-12 Service Learning; and (2) conduct research and evaluation activities, including a study on the effects of academic service-learning on instructional quality and the success of students in low-performing schools; and (3) assist states in developing exemplary service-learning programs. Requires the Secretary to award grants to states to: (1) support a service-learning specialist who acts as a conduit of information between the state and local level, (2) implement a statewide cascade professional development model and support local service-learning efforts, and (3) award competitive subgrants to local educational agencies. Requires subgrantees to use: (1) the service-learning model to strengthen the content area disciplines and implement key educational innovations in areas with a high percentage of underperforming youth, and (2) a cascade professional development model to bring practice to scale. Describes the cascade professional development model as one that trains high-quality professional development specialists who then train educators who are then responsible for training, mentoring, and supporting their peers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Army Relief Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The 2004 National Military Strategy of the United States assigns the Army the task of operating with the other Armed Forces to provide for homeland defense, deter aggression forward from and in four different regions around the world, conduct military operations in two overlapping but geographically disparate major campaigns, and win decisively in one of those campaigns before shifting focus to the next one. (2) The Chairman of the Joint Chiefs of Staff, General Richard Myers, has directed that the Army must be able to ``win decisively'' in one theater, even when it is committed to a number of other contingencies. (3) While Congress lauds the current efforts by the Administration to reduce demands upon ground forces by continuing to pursue the transformation of the United States military as a whole, the recent experiences of the Army in Iraq serve to underscore the fact that there is, as of yet, no substitute for having sufficient troops to conduct personnel- intensive post-conflict missions. (4) The current force requirements posed by the ongoing operations in Iraq, Afghanistan, and elsewhere as part of the Global War on Terror are unsustainable for the long term and undermine the ability of the United States military to successfully execute the National Military Strategy. (5) Although the burden may be a heavy one, we as a nation and as a people must not, will not, shy away from our engagement in world affairs to defend our interests and to defend those who are themselves defenseless. (6) Our engagement in Afghanistan, Iraq, and the greater Middle East is, as Secretary of State Condoleezza Rice stated, a ``generational'' one. (7) Although our commitments in this region--and around the world--are vital, the Army has been ``overused'' according to the Chief of the United States Army Reserve. (8) The Army currently has approximately 499,000 active duty troops, and these are backed up by nearly 700,000 members of the Army National Guard and the Army Reserve. (9) This number is a third less than the force level on hand when the first Persian Gulf War was fought in 1991. (10) Approximately 150,000 of these troops are in Iraq. Nearly 10,000 troops are in Afghanistan. 1,700 serve in Kosovo. 37,000 serve on the Korean peninsula. (11) As of 2005 the relationship between the total number of troops and the number of operationally deployed troops has resulted, as the commanding general of the 18th Corps of the Army at Fort Bragg remarked in 2004, in an active-duty force that is ``stretched extraordinarily thin.'' (12) A former Army Deputy Chief of Staff has stated that in light of the growing operational demands upon it in the strategic environment after September 11, 2001, that the Army ``is too small to do its current missions''. (13) That former Army Deputy Chief of Staff further stated that the current size of the Army, coupled with the current demands upon it, has resulted in a loss of ``the resiliency to provide either strategic balance--what you need if some other thing flares up--or to be able to give a respite as the troops rotate back from overseas areas where they've been in combat.'' (14) In its attempts to fulfill its missions with too few troops, the Army has risked ``damaging'' the force significantly or ``even breaking it in the next five years'', according to a division commander during Operation Desert Storm. (15) In a December 2004 letter to the Chief of Staff, United States Army, the Chief of the United States Army Reserve wrote that ``the current demands'' of operations in the Middle East were ``spreading the Reserve force too thin'' and that his command ``was in grave danger'' of being unable to meet other missions abroad or domestically, and that the Army Reserve was ``rapidly degenerating into a `broken force'''. (16) The letter referred to in paragraph (15) was intended, the Chief of the United States Army Reserve wrote, not ``to sound alarmist. . .[but]. . .to send a clear, distinctive, signal of deepening concern'' to his superiors. (17) In addition to hampering the ability of the Army to successfully complete the missions assigned to it, this ``overuse'' has significant consequences for domestic homeland security operations. (18) A disproportionate number of Federal, State, and local first responders are also members of the National Guard or Reserve. (19) At a time of strain for large municipalities struggling to secure their infrastructure against the threat of terrorism, the drain on available personnel as well as budgets is unacceptable. (20) An increase of the end-strength of the Army is in the best interests of the people of the United States and their interests abroad, and is consistent with the duties and obligations of Congress as set forth in the Constitution. (21) An increase of 100,000 troops over the permanently authorized level for the Army for fiscal year 2004 of 482,000 troops will provide a long-term, lasting solution to the current operational constraints and future mission requirements of the Army. (22) Progress was made toward that solution when Congress authorized an increase of 20,000 troops in the end-strength of the Army for fiscal year 2005 in the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108- 375). (23) An increase in the permanent authorized end-strength for the Army of 80,000 troops is required to meet the 100,000- troop increase level that will provide a lasting, long-term solution to personnel problems currently being experienced by the Army. (24) This number will equip the Army with sufficient personnel so that it may not only engage in a stabilization operation like Iraq, but so that it may do so while maintaining optimal troop rotation schedules. (25) This conclusion is supported by the November 2003 testimony of the Director of the Congressional Budget Office, Douglas Holtz-Eakin, before the Committee on Armed Services of the House of Representatives. SEC. 3. INCREASE IN END-STRENGTH FOR THE ARMY. Section 691 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(e) Notwithstanding subsection (b)(1), the authorization for the number of members of the Army at the end of each fiscal year as follows shall be not less than the number specified for such fiscal year: ``(1) Fiscal year 2006, 522,400. ``(2) Fiscal year 2007, 542,400. ``(3) Fiscal year 2008, 562,400. ``(4) Fiscal year 2009, 582,400. ``(5) Any fiscal year after fiscal year 2009, 582,400.''.

United States Army Relief Act of 2005 - Sets forth the following minimum end-strength levels for active-duty Army personnel (502,400 for FY2005): (1) 522,400 for FY2006; (2) 542,400 for FY2007; (3) 562,400 for FY2008; and (4) 582,400 for FY2009 and thereafter.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Endangered Species Consolidation Act of 2001''. SEC. 2. FINDINGS. The Congress finds the following: (1) The National Marine Fisheries Service was created in the Department of Commerce under Reorganization Plan Number 4 of 1970 (15 U.S.C. 1511 note). Before creation of the Service, the programs that are administered by the Service were administered by the Bureau of Commercial Fisheries within the United States Fish and Wildlife Service in the Department of Interior. (2) The Endangered Species Act of 1973 (16 U.S.C. 1531 et. seq.) currently delegates authority to both the Secretary of the Interior and the Secretary of Commerce to conduct activities related to the listing and recovery of threatened species and endangered species. (3) The National Marine Fisheries Service is responsible for the recovery of 33 species of marine mammals and fish, while the United States Fish and Wildlife Service has jurisdiction over 1,800 species of plants, mammals, birds, and fish, including several species that have been co-listed and managed by both the National Marine Fisheries Service and the United States Fish and Wildlife Service. (4) In order to better coordinate Federal agency functions relating to the listing and recovery of threatened species and endangered species, eliminate duplication of efforts in the performance of those functions, and ensure that the maximum amount of resources are focused on the objectives of the Endangered Species Act 1973, one Federal agency should be given exclusive responsibility for those functions with respect to anadromous species and catadromous species. SEC. 3. TRANSFER OF FUNCTIONS WITH RESPECT TO ANADROMOUS SPECIES AND CATADROMOUS SPECIES. (a) Transfer of Functions.--All functions with respect to anadromous species and catadromous species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that were vested in the Secretary of Commerce or the National Marine Fisheries Service immediately before the enactment of this Act are transferred to the Secretary of the Interior. (b) Conforming Amendments.--The Endangered Species Act of 1973 is amended-- (1) in section 3(15) (16 U.S.C. 1532(15))-- (A) by inserting ``(A)'' after ``(15)''; and (B) by adding at the end the following: ``(B) Notwithstanding subparagraph (A), with respect to anadromous species and catadromous species, the term `Secretary' means the Secretary of the Interior.''; and (2) in section 3 (16 U.S.C. 1532) by adding at the end the following: ``(22) The term `anadromous species' means a species of fish that spawn in fresh or estuarine waters and that migrate to ocean waters. ``(23) The term `catadromous species' means a species of fish that spawn in ocean waters and migrate to fresh waters.''. SEC. 4. MISCELLANEOUS PROVISIONS. (a) References.--Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a department or office from which a function is transferred by this Act-- (1) to the head of such department or office is deemed to refer to the Secretary of the Interior; or (2) to such department or office is deemed to refer to the Department of the Interior. (b) Exercise of Authorities.--Except as otherwise provided by law, the Secretary of the Interior may, for purposes of performing the functions transferred by this Act, exercise all authorities under the Endangered Species Act of 1973 that were available with respect to the performance of that function immediately before the effective date of the transfer of the function under this Act. (c) Savings Provisions.-- (1) Legal documents.--All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges-- (A) that have been issued, made, granted, or allowed to become effective by the Secretary of Commerce, any officer or employee of the Department of Commerce, or any other Government official in the performance of any function that is transferred by this Act, or by a court of competent jurisdiction with respect to such performance, and (B) that are in effect on the effective date of this Act (or become effective after such date pursuant to their terms as in effect on such effective date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law. (2) Proceedings.-- (A) In general.--This Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending on the date of the enactment of this Act before an office transferred by this Act. Such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. (B) Limitation.--Nothing in this paragraph shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (3) Suits.--This Act shall not affect suits commenced before the date of the enactment of this Act, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. (4) Nonabatement of actions.--No suit, action, or other proceeding commenced by or against the Department of Commerce or the Secretary of Commerce, or by or against any individual in the official capacity of such individual as an officer or employee of the Department of Commerce, shall abate by reason of the enactment of this Act. (5) Continuance of suits.--If any Government officer in the official capacity of such officer is party to a suit with respect to a function of the officer, and under this Act such function is transferred to any other officer or office, then such suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party. (6) Administrative procedure and judicial review.--Except as otherwise provided by this Act, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred by this Act shall apply to the exercise of such function by the head of the Federal agency, and other officers of the agency, to which such function is transferred by this Act. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Anadromous species and catadromous species.--Each of the terms ``anadromous species'' and ``catadromous species'' has the meaning that term has under section 3 of the Endangered Species Act of 1973, as amended by section 3 of this Act. (2) Function.--The term ``function'' includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. (3) Office.--The term `office' includes any office, administration, agency, bureau, institute, council, unit, organizational entity, or component thereof.

Endangered Species Consolidation Act of 2001 - Transfers all functions with respect to anadromous species and catadromous species under the Endangered Species Act of 1973 that were vested in the Secretary of Commerce or the National Marine Fisheries Service immediately before the enactment of this Act to the Secretary of the Interior.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combating Autism Act of 2005''. SEC. 2. DEVELOPMENTAL DISABILITIES SURVEILLANCE AND RESEARCH PROGRAM. (a) Surveillance Program; Centers of Excellence; Clearinghouse.-- Section 102(e) of the Children's Health Act of 2000 (42 U.S.C. 247b-4b) is amended by striking ``There are authorized'' and all that follows and inserting the following: ``For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for fiscal year 2006 and each subsequent fiscal year.''. (b) Additional Programs.--Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end thereof the following: ``PART R--PROGRAMS RELATING TO AUTISM ``SEC. 399AA. INFORMATION AND EDUCATION RELATING TO AUTISM. ``(a) In General.--The Secretary shall establish and implement a program to provide information and education on autism and its risk factors to health professionals and the general public, including information and education on advances in the diagnosis and treatment of autism and training and continuing education through programs for scientists, physicians, and other health professionals who provide care for patients with autism. The program shall place special emphasis on early identification of autism and those at risk for autism and prompt referral for appropriate services. ``(b) Stipends.--The Secretary may use amounts made available under this section to provide stipends for health professionals who are enrolled in training programs under this section. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $10,000,000 for each of fiscal years 2007 through 2011. ``SEC. 399BB. INTERAGENCY AUTISM COORDINATING COMMITTEE. ``(a) Establishment.--The Secretary shall establish a committee to be known as the `Autism Coordinating Committee' (in this section referred to as the `Committee') to coordinate all efforts within the Department of Health and Human Services concerning autism, including activities carried out through the National Institutes of Health and the Centers for Disease Control and Prevention under the amendments made by the National Autism Research Act. ``(b) Membership.-- ``(1) In general.--The Committee shall be composed of-- ``(A) the Director of the Centers for Disease Control and Prevention; ``(B) the Directors of such national research institutes of the National Institutes of Health as the Secretary determines appropriate; ``(C) the heads of such other agencies as the Secretary determines appropriate; and ``(D) the additional members appointed under paragraph (2) (if any). ``(2) Additional members.--If determined appropriate by the Secretary, the Secretary may appoint to the Committee-- ``(A) individuals with autism or other pervasive developmental disorders; ``(B) parents or legal guardians of individuals with autism or other pervasive developmental disorders; ``(C) representatives of leading autism research and service organizations; and ``(D) representatives of other governmental agencies that serve children with autism such as the Department of Education. ``(c) Administrative Support; Terms of Services; Other Provisions.--The following shall apply with respect to the Committee: ``(1) The Committee shall receive necessary and appropriate administrative support from the Secretary. ``(2) Members of the Committee appointed under subsection (b)(2)(A) shall serve for a term of 3 years, and may serve for an unlimited number of terms if reappointed. ``(3) The Committee shall meet not less than 2 times each year. ``SEC. 399CC. SCREENING, DIAGNOSIS, AND TREATMENT OF AUTISM; MEDICAL CARE FOR INDIVIDUALS WITH AUTISM. ``(a) Statewide Autism Screening, Diagnosis, and Intervention Programs and Systems.-- ``(1) In general.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall award grants or cooperative agreements to eligible entities to develop statewide autism screening, diagnosis, and intervention programs and systems for the purposes described in paragraph (2). ``(2) Purposes.--The purposes described in this paragraph are the following: ``(A) To develop and monitor the efficacy of statewide autism screening, diagnosis, and intervention programs and systems, ensuring that all children are screened for autism before their second birthday, and that children at risk for autism receive appropriate services as early as possible. Intervention includes referral to schools and agencies, including community, consumer, and parent-based agencies, and organizations and other programs mandated by part C of the Individuals with Disabilities Education Act, which offer programs specifically designed to meet the unique needs of children with autism. ``(B) To collect data on statewide autism screening, diagnosis, and intervention programs and systems that can be used for applied research, program evaluation, and policy development. ``(C) To provide comprehensive medical care for individuals with autism through evidence-based practices, with specific attention to medical conditions that may be associated with autism, and to disseminate information on the medical care of individuals with autism to health professionals and the general public. In carrying out the program under this paragraph, a grant shall be awarded to a national organization that will establish and support regional centers of clinical excellence to provide medical care to individuals with autism and promote research aimed at improving the treatment of such individuals, and that will build a shared national medical database to record the results of treatments and studies at the regional centers. ``(3) Parental consent.--Screenings and other services available under this section for a child may not be provided without the consent of a parent or legal guardian of the child. ``(4) Set aside of funds.--From amounts appropriated under subsection (e), the Secretary shall set-aside not less than $4,000,000 for each of fiscal years 2007 through 2011 to carry out activities described in paragraph (2)(C). ``(b) Technical Assistance, Data Management, and Applied Research.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award grants or cooperative agreements to provide technical assistance to State agencies to conduct applied research related to autism screening, diagnosis, and intervention programs and systems. In carrying out this section the Secretary shall develop standardized procedures for data management and program effectiveness and costs, including procedures-- ``(1) to ensure quality monitoring of autism screening, diagnosis, and intervention programs and systems; ``(2) to provide technical assistance on data collection and management; ``(3) to study the costs and effectiveness of autism screening, diagnosis, and intervention programs and systems conducted by State-based programs in order to address issues of importance to State and national policymakers; ``(4) to identify the causes and risk factors for autism; ``(5) to study the effectiveness of autism screening, diagnosis, and intervention programs and systems by assessing the intellectual and social development, cognitive status, and language skills of children with autism at school age; and ``(6) to promote the sharing of data regarding autism with State-based birth defects and developmental disabilities monitoring programs and environmental discharge monitoring programs of the Environmental Protection Agency for the purpose of identifying previously unknown causes of and risk factors for autism. ``(c) Coordination and Collaboration.-- ``(1) In general.--In carrying out programs under this section, the Administrator of the Health Resources and Services Administration, the Director of the Centers for Disease Control and Prevention, and the Director of the National Institutes of Health shall collaborate and consult with-- ``(A) other Federal, State and local agencies, including those responsible for early intervention services pursuant to title XIX of the Social Security Act (particularly the Medicaid Early and Periodic Screening, Diagnosis and Treatment Program), title XXI of the Social Security Act (State Children's Health Insurance Program), title V of the Social Security Act (Maternal and Child Health Block Grant Program), and part C of the Individuals with Disabilities Education Act; ``(B) consumer groups of, and that serve, individuals with autism and their families; ``(C) appropriate national medical and other health and education specialty organizations; ``(D) individuals with autism and their families; ``(E) other qualified personnel who possess the specialized knowledge, skills, and attributes needed to serve autistic children and their families; and ``(F) related commercial industries. ``(2) Policy development.--The Administrator of the Health Resources and Services Administration, the Director of the Centers for Disease Control and Prevention, and the Director of the National Institutes of Health shall coordinate and collaborate on recommendations for policy development at the Federal and State levels and with the private sector, including consumer, medical, and other health and education professional- based organizations, with respect to autism screening, diagnosis, and intervention programs and systems. ``(3) State early detection, diagnosis, and intervention programs and systems.--The Administrator of the Health Resources and Services Administration and the Director of the Centers for Disease Control and Prevention shall coordinate and collaborate in assisting States to establish autism screening, diagnosis, and intervention programs and systems under subsection (a) and to develop a data collection system under subsection (b). ``(d) Authorization of Appropriations.--There are authorized to be appropriated-- ``(1) to carry out subsection (a), $75,000,000 for each of fiscal years 2007 through 2011; and ``(2) to carry out subsection (b), $25,000,000 for each of fiscal years 2007 through 2011. ``SEC. 399DD. ANNUAL REPORT ON AUTISM. ``(a) In General.--Not later than January 1, 2006, and each January 1 thereafter, the Secretary shall prepare and submit to the appropriate committees of Congress, a report concerning the implementation of this part. ``(b) Contents.--The report, utilizing uniform reporting methods and procedures, shall-- ``(1) provide the dollar amount that each institute of the National Institutes of Health expended on autism research in the year for which the report was prepared; and ``(2) detail the progress and success of the National Institutes of Health in implementing and funding the recommendations contained in the Autism Research Roadmap and Matrix of the Interagency Autism Coordinating Committee.''.

Combating Autism Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish: (1) a program to provide information and education on autism and its risk factors to health professionals and the general public; and (2) the Autism Coordinating Committee to coordinate autism related activities within the Department of Health and Human Services (HHS). Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to award grants or cooperative agreements to develop statewide autism screening, diagnosis, and intervention programs and systems. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award grants or cooperative agreements to provide technical assistance to state agencies to conduct applied autism research.

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``International Child Support Recovery Improvement Act of 2012''. (b) References.--Except as otherwise expressly provided in this Act, wherever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the amendment shall be considered to be made to a section or other provision of the Social Security Act. SEC. 2. AMENDMENTS TO ENSURE ACCESS TO CHILD SUPPORT SERVICES FOR INTERNATIONAL CHILD SUPPORT CASES. (a) Authority of the Secretary of HHS To Ensure Compliance With Multilateral Child Support Conventions.-- (1) In general.--Section 452 (42 U.S.C. 652) is amended-- (A) by redesignating the second subsection (l) (as added by section 7306 of the Deficit Reduction Act of 2005) as subsection (m); and (B) by adding at the end the following: ``(n) The Secretary shall use the authorities otherwise provided by law to ensure the compliance of the United States with any multilateral child support convention to which the United States is a party.''. (2) Conforming amendment.--Section 453(k)(3) (42 U.S.C. 653(k)(3)) is amended by striking ``452(l)'' and inserting ``452(m)''. (b) Access to the Federal Parent Locator Service.--Section 453(c) (42 U.S.C. 653(c)) is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by adding at the end the following: ``(5) an entity designated as a Central Authority for child support enforcement in a foreign reciprocating country or a foreign treaty country for purposes specified in section 459A(c)(2).''. (c) State Option To Require Individuals in Foreign Countries To Apply Through Their Country's Appropriate Central Authority.--Section 454 (42 U.S.C. 654) is amended-- (1) in paragraph (4)(A)(ii), by inserting before the semicolon ``(except that, if the individual applying for the services resides in a foreign reciprocating country or foreign treaty country, the State may opt to require the individual to request the services through the Central Authority for child support enforcement in the foreign reciprocating country or the foreign treaty country, and if the individual resides in a foreign country that is not a foreign reciprocating country or a foreign treaty country, a State may accept or reject the application)''; and (2) in paragraph (32)-- (A) in subparagraph (A), by inserting ``, a foreign treaty country,'' after ``a foreign reciprocating country''; and (B) in subparagraph (C), by striking ``or foreign obligee'' and inserting ``, foreign treaty country, or foreign individual''. (d) Amendments to International Support Enforcement Provisions.-- Section 459A (42 U.S.C. 659a) is amended-- (1) by adding at the end the following: ``(e) References.--In this part: ``(1) Foreign reciprocating country.--The term `foreign reciprocating country' means a foreign country (or political subdivision thereof) with respect to which the Secretary has made a declaration pursuant to subsection (a). ``(2) Foreign treaty country.--The term `foreign treaty country' means a foreign country for which the 2007 Family Maintenance Convention is in force. ``(3) 2007 family maintenance convention.--The term `2007 Family Maintenance Convention' means the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance.''; (2) in subsection (c)-- (A) in the matter preceding paragraph (1), by striking ``foreign countries that are the subject of a declaration under this section'' and inserting ``foreign reciprocating countries or foreign treaty countries''; and (B) in paragraph (2), by inserting ``and foreign treaty countries'' after ``foreign reciprocating countries''; and (3) in subsection (d), by striking ``the subject of a declaration pursuant to subsection (a)'' and inserting ``foreign reciprocating countries or foreign treaty countries''. (e) Collection of Past-Due Support From Federal Tax Refunds.-- Section 464(a)(2)(A) (42 U.S.C. 664(a)(2)(A)) is amended by striking ``under section 454(4)(A)(ii)'' and inserting ``under paragraph (4)(A)(ii) or (32) of section 454''. (f) State Law Requirement Concerning the Uniform Interstate Family Support Act (UIFSA).-- (1) In general.--Section 466(f) (42 U.S.C. 666(f)) is amended-- (A) by striking ``on and after January 1, 1998,''; (B) by striking ``and as in effect on August 22, 1996,''; and (C) by striking ``adopted as of such date'' and inserting ``adopted as of September 30, 2008''. (2) Conforming amendments to title 28, united states code.--Section 1738B of title 28, United States Code, is amended-- (A) in subsection (d), by striking ``individual contestant'' and inserting ``individual contestant or the parties have consented in a record or open court that the tribunal of the State may continue to exercise jurisdiction to modify its order,''; (B) in subsection (e)(2)(A), by striking ``individual contestant'' and inserting ``individual contestant and the parties have not consented in a record or open court that the tribunal of the other State may continue to exercise jurisdiction to modify its order''; and (C) in subsection (b)-- (i) by striking ```child' means'' and inserting ``(1) The term `child' means''; (ii) by striking ```child's State' means'' and inserting ``(2) The term `child's State' means''; (iii) by striking ```child's home State' means'' and inserting ``(3) The term `child's home State' means''; (iv) by striking ```child support' means'' and inserting ``(4) The term `child support' means''; (v) by striking ```child support order''' and inserting ``(5) The term `child support order'''; (vi) by striking ```contestant' means'' and inserting ``(6) The term `contestant' means''; (vii) by striking ```court' means'' and inserting ``(7) The term `court' means''; (viii) by striking ```modification' means'' and inserting ``(8) The term `modification' means''; and (ix) by striking ```State' means'' and inserting ``(9) The term `State' means''. (3) Effective date; grace period for state law changes.-- (A) Paragraph (1).--(i) The amendments made by paragraph (1) shall take effect with respect to a State on the earlier of-- (I) October 1, 2013; or (II) the effective date of laws enacted by the legislature of the State implementing such paragraph, but in no event later than the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. (ii) For purposes of clause (i), in the case of a State that has a 2-year legislative session, each year of the session shall be deemed to be a separate regular session of the State legislature. (B) Paragraph (2).--(i) The amendments made by subparagraphs (A) and (B) of paragraph (2) shall take effect on the date on which the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance enters into force for the United States. (ii) The amendments made by subparagraph (C) of paragraph (2) shall take effect on the date of the enactment of this Act. SEC. 3. DATA EXCHANGE STANDARDIZATION FOR IMPROVED INTEROPERABILITY. (a) In General.--Section 452 (42 U.S.C. 652), as amended by section 2(a)(1) of this Act, is amended by adding at the end the following: ``(o) Data Exchange Standardization for Improved Interoperability.-- ``(1) Data exchange standards.-- ``(A) Designation.--The Secretary, in consultation with an interagency work group which shall be established by the Office of Management and Budget, and considering State and tribal perspectives, shall, by rule, designate a data exchange standard for any category of information required to be reported under this part. ``(B) Data exchange standards must be nonproprietary and interoperable.--The data exchange standard designated under subparagraph (A) shall, to the extent practicable, be nonproprietary and interoperable. ``(C) Other requirements.--In designating data exchange standards under this section, the Secretary shall, to the extent practicable, incorporate-- ``(i) interoperable standards developed and maintained by an international voluntary consensus standards body, as defined by the Office of Management and Budget, such as the International Organization for Standardization; ``(ii) interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model; and ``(iii) interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance, such as the Federal Acquisition Regulatory Council. ``(2) Data exchange standards for reporting.-- ``(A) Designation.--The Secretary, in consultation with an interagency work group established by the Office of Management and Budget, and considering State and tribal perspectives, shall, by rule, designate data exchange standards to govern the data reporting required under this part. ``(B) Requirements.--The data exchange standards required by subparagraph (A) shall, to the extent practicable-- ``(i) incorporate a widely-accepted, nonproprietary, searchable, computer-readable format; ``(ii) be consistent with and implement applicable accounting principles; and ``(iii) be capable of being continually upgraded as necessary. ``(C) Incorporation of nonproprietary standards.-- In designating reporting standards under this paragraph, the Secretary shall, to the extent practicable, incorporate existing nonproprietary standards, such as the eXtensible Markup Language.''. (b) Effective Dates.-- (1) Data exchange standards.--The Secretary of Health and Human Services shall issue a proposed rule under section 452(o)(1) of the Social Security Act within 12 months after the date of the enactment of this section, and shall issue a final rule under such section 452(o)(1), after public comment, within 24 months after such date of enactment. (2) Data reporting standards.--The reporting standards required under section 452(o)(2) of such Act shall become effective with respect to reports required in the first reporting period, after the effective date of the final rule referred to in paragraph (1) of this subsection, for which the authority for data collection and reporting is established or renewed under the Paperwork Reduction Act. SEC. 4. EFFICIENT USE OF THE NATIONAL DIRECTORY OF NEW HIRES DATABASE FOR FEDERALLY SPONSORED RESEARCH ASSESSING THE EFFECTIVENESS OF FEDERAL POLICIES AND PROGRAMS IN ACHIEVING POSITIVE LABOR MARKET OUTCOMES. Section 453 (42 U.S.C. 653) is amended-- (1) in subsection (i)(2)(A), by striking ``24'' and inserting ``48''; and (2) in subsection (j), by striking paragraph (5) and inserting the following: ``(5) Research.-- ``(A) In general.--Subject to subparagraph (B) of this paragraph, the Secretary may provide access to data in each component of the Federal Parent Locator Service maintained under this section and to information reported by employers pursuant to section 453A(b), for-- ``(i) research undertaken by a State or Federal agency (including through grant or contract) for purposes found by the Secretary to be likely to contribute to achieving the purposes of part A or this part; or ``(ii) an evaluation or statistical analysis undertaken to assess the effectiveness of a Federal program in achieving positive labor market outcomes (including through grant or contract), by-- ``(I) the Department of Health and Human Services; ``(II) the Social Security Administration; ``(III) the Department of Labor; ``(IV) the Department of Education; ``(V) the Department of Housing and Urban Development; ``(VI) the Department of Justice; ``(VII) the Department of Veterans Affairs; ``(VIII) the Bureau of the Census; ``(IX) the Department of Agriculture; or ``(X) the National Science Foundation. ``(B) Personal identifiers.--Data or information provided under this paragraph may include a personal identifier only if, in addition to meeting the requirements of subsections (l) and (m)-- ``(i) the State or Federal agency conducting the research described in subparagraph (A)(i), or the Federal department or agency undertaking the evaluation or statistical analysis described in subparagraph (A)(ii), as applicable, enters into an agreement with the Secretary regarding the security and use of the data or information; ``(ii) the agreement includes such restrictions or conditions with respect to the use, safeguarding, disclosure, or redisclosure of the data or information (including by contractors or grantees) as the Secretary deems appropriate; ``(iii) the data or information is used exclusively for the purposes defined in the agreement; and ``(iv) the Secretary determines that the provision of data or information under this paragraph is the minimum amount needed to conduct the research, evaluation, or statistical analysis, as applicable, and will not interfere with the effective operation of the program under this part. ``(C) Penalties for unauthorized disclosure of data.--Any individual who willfully discloses a personal identifier (such as a name or social security number) provided under this paragraph, in any manner to an entity not entitled to receive the data or information, shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both.''. SEC. 5. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives June 5, 2012. Attest: KAREN L. HAAS, Clerk.

International Child Support Recovery Improvement Act of 2012 - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS) to use the authorities otherwise provided by law to ensure U.S. compliance with any multilateral child support convention to which the United States is a party. Authorizes access to the Federal Parent Locator Service (FPLS) by an entity designated as a Central Authority for child support enforcement in a foreign reciprocating country or a foreign treaty country (for which the 2007 Family Maintenance Convention is in force) so that foreign reciprocating countries will be notified of the state of residence of individuals sought for support enforcement. Gives the state the option to require individuals applying for services relating to establishment of paternity or child support obligations who reside in a foreign reciprocating country or foreign treaty country to apply for such services with respect to a child through the Central Authority for child support enforcement in the foreign country. Allows the state to accept or reject the application of any individual residing in a foreign country that is not a foreign reciprocating country or a foreign treaty country. Directs the Secretary of HHS to designate: (1) a nonproprietary and interoperable data exchange standard for any category of information required to be reported under SSA title IV part D, and (2) data exchange standards to govern reporting of such data. Increases from 24 to 48 months the length of time information entered into the data base maintained by the National Directory of New Hires shall remain before being deleted. Revises the authority of the Secretary of HHS to provide access to data in each component of the FPLS and to information reported by employers for certain research purposes. Limits such research to any undertaken by a state or federal agency for purposes likely to contribute to achieving the purposes of SSA title IV part A (Temporary Assistance for Needy Families) (TANF) or in SSA title IV part D. Authorizes the Secretary to provide access also for an evaluation or statistical analysis to assess the effectiveness of a federal program in achieving positive labor market outcomes (including through grant or contract) by specified federal departments and entities. Reverses the current prohibition against personal identifiers in such research to allow them if certain requirements are met.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on the Social Status of Black Men and Boys Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Black men and boys face disproportionate hardships that result in disparities in areas including: education, criminal justice, health, employment, fatherhood, mentorship, and violence. These hardships have negative consequences for national productivity, especially for Black families and communities. (2) A Commission to study and examine issues which disproportionately have a negative impact on Black men and boys in America will signal that the issues facing the Black male population are a national priority, will develop solutions to these hardships, and will help eliminate the obstacles facing Black men and boys. (3) A Commission will also be able to investigate potential civil rights violations affecting this population that attract national attention. (4) Black babies are three times more likely to be born in poverty and rapidly fall behind their White counterparts in cognitive development. (5) By fourth grade, Black students are expected to be three years behind White male students. According to the Educational Testing Service Policy Informational Center, only 12 percent of Black eighth-grade male students are proficient in math, compared to 44 percent of White eighth-grade male students. (6) The Educational Testing Service Policy Informational Center also found that nationally, more than 50 percent of Black male students attending urban schools will drop out. (7) The low rate of high school retention among Black male students directly relates to high rates of joblessness and incarceration among this population. This barrier to employment exacerbates cycles of poverty, which in turn results in health inequalities, including higher levels of diabetes, obesity, and HIV/AIDS. According to a study by the American Academy of Arts and Sciences, more than 66 percent of Black male dropouts are expected to serve time in State or Federal prison. (8) Black men are subjected to unequal profiling by the police and disproportionately harsh sentences in the judicial system. The Black male population is six times more likely to become incarcerated than their White counterparts. Although the Black male population comprises approximately six percent of the United States population, of the 2,300,000 people incarcerated nationwide, 1 million are Black males. Black males receive ten percent longer Federal sentences than White males who commit the same crime. (9) According to the Bureau of Statistics and the Pew Research Center, Black male unemployment is consistently almost double that of White male unemployment. (10) Black fathers are more than twice as likely to live apart from their children as White fathers. (11) Young boys with male mentors are more likely to progress further in school and have greater financial success in life. SEC. 3. COMMISSION ESTABLISHMENT AND MEMBERSHIP. (a) Establishment.--The Commission on the Social Status of Black Men and Boys (hereinafter in this Act referred to as ``the Commission'') is hereby established within the United States Commission on Civil Rights Office of the Staff Director. (b) Membership.--The Commission shall consist of 19 members appointed as follows: (1) The Senate majority leader shall appoint one member who is not employed by the Federal Government and is an expert on issues affecting Black men and boys in America. (2) The Senate minority leader shall appoint one member who is not employed by the Federal Government and is an expert on issues affecting Black men and boys in America. (3) The House of Representatives majority leader shall appoint one member who is not employed by the Federal Government and is an expert on issues affecting Black men and boys in America. (4) The House of Representatives minority leader shall appoint one member who is not employed by the Federal Government and is an expert on issues affecting Black men and boys in America. (5) The Chair of the Congressional Black Caucus (CBC) shall be a member of the Commission, as well as five additional Members of the CBC who either sit on the following committees of relevant jurisdiction or who is an expert on issues affecting Black men and boys in America, including-- (A) education; (B) justice and Civil Rights; (C) healthcare; (D) labor and employment; and (E) housing. (6) The Staff Director from the United States Commission on Civil Rights shall appoint one member from within the staff of the United States Commission on Civil Rights who is an expert in issues relating to Black men and boys. (7) The Chair of the United States Equal Employment Opportunity Commission shall appoint one member from within the staff of the United States Equal Employment Opportunity Commission who is an expert in equal employment issues impacting Black men. (8) The Secretary of Education shall appoint one member from within the Department of Education who is an expert in urban education. (9) The Attorney General of the Department of Justice shall appoint one member from within the Department of Justice who is an expert in racial disparities with the criminal justice system. (10) The Secretary of Health and Human Services shall appoint one member from within the Department of Health and Human Services who is an expert in health issues facing Black men. (11) The Secretary of the Department of Housing and Urban Development shall appoint one member from within the Department of Housing and Urban Development who is an expert in housing and development in urban communities. (12) The Secretary of the Department of Labor shall appoint one member from within the Department of Labor who is an expert in labor issues impacting Black men. (13) The President of the United States shall appoint two members who are not employed by the Federal Government and are experts on issues affecting Black men and boys in America. SEC. 4. OTHER MATTERS RELATING TO APPOINTMENT; REMOVAL. (a) Timing of Initial Appointments.--Each initial appointment to the Commission shall be made no later than 90 days after the Commission is established. If any appointing authorities fail to appoint a member to the Commission, their appointment shall be filled by the United States Commission on Civil Rights. (b) Terms.--Except as otherwise provided in this section, the term of a member of the Commission shall be four years. For the purpose of providing staggered terms, the first term of those members initially appointed under paragraphs (1) through (5) of section 3 shall be appointed to two-year terms with all other terms lasting four years. Members are eligible for consecutive reappointment. (c) Removal.--A member of the Commission may be removed from the Commission at any time by the appointing authority should the member fail to meet Commission responsibilities. Once the seat becomes vacant, the appointing authority is responsible for filling the vacancy in the Commission before the next meeting. (d) Vacancies.--The appointing authority of a member of the Commission shall either reappoint that member at the end of that member's term or appoint another person meeting the qualifications for that appointment. In the event of a vacancy arising during a term, the appointing authority shall, before the next meeting of the Commission, appoint a replacement to finish that term. SEC. 5. LEADERSHIP ELECTION. At the first meeting of the Commission each year, the members shall elect a Chair and a Secretary. A vacancy in the Chair or Secretary shall be filled by vote of the remaining members. The Chair and Secretary are eligible for consecutive reappointment. SEC. 6. COMMISSION DUTIES AND POWERS. (a) Study.--The Commission shall make a systematic study of the conditions affecting Black men and boys, including, but not limited to, homicide rates, arrest and incarceration rates, poverty, violence, fatherhood, mentorship, drug abuse, death rates, disparate income and wealth levels, school performance in all grade levels including postsecondary levels and college, and health issues. The Commission shall also document trends under the above topics and report on the community impacts of relevant government programs within the scope of the above topics. All reports shall be made public via a Federal agency website. (b) Proposal of Measures.--The Commission shall propose measures to alleviate and remedy the underlying causes of the conditions described in the subsection (a), which may include recommendations of changes to the law, recommendations for how to implement related policies, and recommendations for how to create, develop, or improve upon government programs. (c) Suggestions and Comments.--The Commission shall accept suggestions or comments pertinent to the applicable issues from members of Congress, governmental agencies, public and private organizations, and private citizens. (d) Staff and Administrative Support.--The Office of the Staff Director of the United States Commission on Civil Rights shall provide staff and administrative support to the Commission. All entities of the United States Government shall provide information that is otherwise a public record at the request of the Commission on Black Men and Boys. SEC. 7. COMMISSION MEETING REQUIREMENTS. (a) First Meeting.--The first meeting of the Commission shall take place no later than 30 days after the initial members are all appointed. Meetings shall be focused on significant issues impacting Black men and boys, for the purpose of initiating research ideas and delegating research tasks to Commission members to initiate the first semiannual report. (b) Quarterly Meetings.--The Commission shall meet quarterly. In addition to all quarterly meetings, the Commission shall meet at other times at the call of the Chair or as determined by a majority of Commission members. (c) Quorum; Rule for Voting on Final Actions.--A majority of the members of the Commission constitute a quorum, and an affirmative vote of a majority of the members present is required for final action. (d) Expectations for Attendance by Members.--Members are expected to attend all Commission meetings. In the case of an absence, members are expected to report to the Chair prior to the meeting and allowance may be made for an absent member to participate remotely. Members will still be responsible for fulfilling prior commitments, regardless of attendance status. If a member is absent twice in a given year, he or she will be reviewed by the Chair and appointing authority and further action will be considered, including removal and replacement on the Commission. (e) Minutes.--Minutes shall be taken at each meeting by the Secretary, or in that individual's absence, the Chair shall select another Commission member to take minutes during that absence. The Commission shall make its minutes publicly available and accessible not later than one week after each meeting. SEC. 8. ANNUAL REPORT GUIDELINES. The Commission shall make an annual report, beginning the year of the first Commission meeting. The report shall address the current conditions affecting Black men and boys and make recommendations to address these issues. The report shall be submitted to the President, the Congress, members of the President's Cabinet, and the chairs of the appropriate committees of jurisdiction. The Commission shall make the report publicly available online on a centralized Federal website. SEC. 9. COMMISSION COMPENSATION. Members of the Commission shall serve on the Commission without compensation.

Commission on the Social Status of Black Men and Boys Act This bill establishes within the U.S. Commission on Civil Rights Office of the Staff Director the Commission on the Social Status of Black Men and Boys to make a systemic study of the conditions affecting Black men and boys in America.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Environmental Restoration Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Great Lakes and the connecting channels of the Great Lakes form the largest freshwater system in the world, holding \1/5\ of the fresh surface water supply of the world and \9/10\ of the fresh surface water supply of the United States; (2) 30 years after the date of enactment of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), water quality in the Great Lakes has improved, but the Great Lakes remain in a degraded state; (3) evidence of the degraded environment of the Great Lakes includes-- (A) a record 599 closings of Great Lakes beaches in 2001; (B) an increase to 20 percent in the percentage of Great Lakes shoreline that contains polluted sediments; and (C) the issuance by State and local authorities of 1,400 fish consumption advisories relating to the Great Lakes; (4) the Great Lakes are sources of drinking water for approximately 40,000,000 people in the United States and Canada; (5) in the years since the Great Lakes Water Quality Agreement was signed and the United States and Canada agreed to ``restore and maintain the chemical, physical, and biological integrity of the waters of the Great Lakes Basin and give priority attention to the 43 designated Areas of Concern'', no sites have been restored in the United States; (6) it is the responsibility of the Federal Government and State and local governments to ensure that the Great Lakes remain a clean and safe source of water for drinking, fishing, and swimming; and (7) while the total quantity of resources needed to restore the Great Lakes is unknown, additional funding is needed now to augment existing efforts to address the known threats facing the Great Lakes. SEC. 3. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the Great Lakes Environmental Restoration Advisory Board established by section 5(a). (2) Council.--The term ``Council'' means the Great Lakes Federal Coordination Council established by section 6(a). (3) Great lake.--The term ``Great Lake'' means-- (A) Lake Erie; (B) Lake Huron (including Lake Saint Clair); (C) Lake Michigan; (D) Lake Ontario; (E) Lake Superior; and (F) the connecting channels of those Lakes, including-- (i) the Saint Marys River; (ii) the Saint Clair River; (iii) the Detroit River; (iv) the Niagara River; and (v) the Saint Lawrence River to the Canadian border. (4) Great lakes state.--The term ``Great Lakes State'' means each of the States of Illinois, Indiana, Ohio, Michigan, Minnesota, New York, Pennsylvania, and Wisconsin. (5) Program.--The term ``Program'' means the Great Lakes Environmental Restoration Grant Program established by section 4(a). (6) Program office.--The term ``Program Office'' means the Great Lakes National Program Office of the Environmental Protection Agency. SEC. 4. GREAT LAKES RESTORATION GRANTS. (a) Establishment.--There is established a Great Lakes Environmental Restoration Grant Program, to be administered by the Program Office. (b) Grants.-- (1) In general.--In coordination with the Board, the Program Office shall provide to States, municipalities, and other applicants grants for use in and around the Great Lakes in carrying out-- (A) contaminated sediment cleanup; (B) wetland restoration; (C) invasive species control and prevention; (D) coastal wildlife and fisheries habitat improvement; (E) public access improvement; (F) water quality improvement; (G) sustainable water use; (H) nonpoint source pollution reduction; or (I) such other projects and activities to restore, protect, and assist the recovery of the Great Lakes as the Board may determine. (2) Distribution.--In providing grants under this section for a fiscal year, the Program Office shall ensure that-- (A) at least 1 project or activity is funded in each Great Lakes State for the fiscal year; (B) the amount of funds received by each Great Lakes State under this section for the fiscal year is at least 6 percent, but not more than 30 percent, of the total amount of funds made available for grants under this section for the fiscal year; (C) each project or activity for which funding is provided results in 1 or more tangible improvements in the Great Lakes watershed; and (D) each project or activity for which funding is provided addresses 1 or more priority issue areas identified by the Board for the fiscal year. (3) Grant evaluation.-- (A) In general.--In evaluating grant proposals, the Program Office shall give great weight to the ranking of proposals by the Board under section 5(c)(3). (B) Decision not to fund.--If the Program Office decides not to fund a grant proposal ranked by the Board as 1 of the top 10 proposals meriting funding, the Program Office shall provide to the Board, not later than 30 days after the date of the determination, a written statement explaining the reasons why the proposal was not funded. (4) Funding limitations.--Funds provided under the Program shall not be used for any of the following: (A) Design, construction, or improvement of a road except as required in connection with a sewer upgrade. (B) Design, implementation, or evaluation of a research or monitoring project or activity except as required in connection with a project or activity that will result in a tangible improvement to the Great Lakes watershed. (C) Design or implementation of a beautification project or activity that does not result in a tangible improvement to the Great Lakes watershed. (D) Litigation expenses, including legal actions to address violations of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), or any other environmental law or regulation. (E) Lobbying expenses (as defined in section 2 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602)). (c) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $600,000,000 for each of fiscal years 2004 through 2013. (2) Cost sharing.--The Federal share of the cost of any project or activity carried out using funds made available under paragraph (1) shall not exceed 80 percent. (3) In-kind contributions.--The non-Federal share of the cost of any project or activity carried out using funds made available under paragraph (1) may be provided in cash or in kind. SEC. 5. GREAT LAKES ADVISORY BOARD. (a) Establishment.--There is established a committee to be known as the ``Great Lakes Environmental Restoration Advisory Board''. (b) Membership.-- (1) In general.--The Board shall be composed of 21 voting members (or designees of the members), of whom-- (A) 8 shall be the Governors of the Great Lakes States; (B) 1 shall be Director of the Great Lakes National Program Office; (C) 1 shall be the Secretary of the Interior; (D) 1 shall be the Director of the National Oceanic and Atmospheric Administration; (E) 1 shall be the Chief of Engineers; (F) 1 shall be the Secretary of Agriculture; and (G) 8 shall be chief executives of cities, counties, or municipalities in the Great Lakes basin and selected by the Steering Committee of the Great Lakes Cities Initiative, including 1 member from each Great Lakes. (2) Observers.--The Board may include observers, including-- (A) the Premiers of the Canadian Provinces of Ontario and Quebec; (B) a representative of the Government of Canada; (C) a representative of the State Department; (D) 8 representatives of environmental organizations (with 1 member appointed by the Governor of each Great Lakes State), including-- (i) Great Lakes United; (ii) the Lake Michigan Federation; (iii) the National Wildlife Federation; (iv) the Sierra Club; and (v) The Nature Conservancy; (E) 5 representatives of industry selected by the chairperson of the Board; (F) the Chairman of the United States section of the International Joint Committee; (G) the Vice Chair of the United States section of the Great Lakes Fishery Commission; (H) the Chairman of the Great Lakes Commission; and (I) 3 representatives of Native Americans selected by the President. (3) Date of appointments.--The appointment of each member of the Board shall be made not later than 90 days after the date of enactment of this Act. (4) Term; vacancies.-- (A) Term.--A member of the Board shall be appointed for 5 years. (B) Vacancies.--A vacancy on the Board-- (i) shall not affect the powers of the Board; and (ii) shall be filled in the same manner as the original appointment was made. (5) Meetings.--The Board shall meet at the call of the chairperson. (6) Chairperson.--The Board shall select a chairperson of the Board from the members appointed under paragraph (1)(A). (c) Duties.-- (1) In general.--Before the beginning of the fiscal year, the Board shall determine by majority vote, and shall submit to the Program Office, the funding priority issue areas that shall apply to all grants provided under section 4 during the fiscal year. (2) Great lakes goals.--The priorities shall be based on environmental restoration goals for the Great Lakes that-- (A) are prepared by the Governors of Great Lakes States; and (B) identify specific objectives and the best methods by which to produce a tangible improvement to the Great Lakes. (3) Grants.-- (A) Program office.--The Program Office shall provide to the Board, in a timely manner, copies of grant proposals submitted under section 4. (B) Board.--The Board shall-- (i) review the grant proposals; and (ii) provide to the Program Office, by a date specified by the Program Office, a list of the grant applications that the Board recommends for funding, ranked in order of the applications that most merit funding. SEC. 6. GREAT LAKES FEDERAL COORDINATING COUNCIL. (a) Establishment.--There is established, in the executive branch, the Great Lakes Federal Coordinating Council. (b) Membership.-- (1) In general.--The Council shall consist of-- (A) the Secretary of the Interior; (B) the Secretary of Agriculture; (C) the Secretary of Commerce; (D) the Secretary of State; (E) the Secretary of Transportation; (F) the Secretary of Health and Human Services; (G) the Administrator of the Environmental Protection Agency, acting through the Great Lakes National Program Office Director; (H) the Secretary of the Army, acting through the Chief of Engineers; and (I) such additional members as are appointed under paragraph (2). (2) Additional members.--With the concurrence of a majority of the members of the Council, the chairperson of the Council may appoint additional members to the Council from among individuals who are officers or employees of the Federal Government with significant responsibilities concerning the environmental restoration and protection of the Great Lakes. (c) Chairperson.--The Director of the Great Lakes National Program Office shall serve as chairperson of the Council. (d) Meetings.--The Council shall meet at the call of the chairperson, but not less often than 3 times in each calendar year. (e) Duties.-- (1) In general.--The Council shall ensure that the efforts of Federal agencies concerning environmental restoration and protection of the Great Lakes are coordinated, effective, complementary, and cost-efficient. (2) Duties.--To carry out subsection (a), the Council shall-- (A) ensure that Federal agencies implement the policies and priorities identified by the Council through appropriate actions, including working in cooperation with Federal agencies on development of budgets for the annual submission by the President to Congress of the budget of the United States Government under section 1105 of title 31, United States Code; and (B) develop and submit to the appropriate committees of Congress and the Director of the Office of Management and Budget-- (i) an annual list of priorities for implementation, ranked in high, medium, and low categories, under Federal efforts and programs; and (ii) a description of accomplishments under-- (I) the Program; and (II) as the Council considers appropriate, other federally funded grant programs that benefit the Great Lakes. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000 for each of fiscal years 2004 through 2006. SEC. 7. GREAT LAKES WATER QUALITY INDICATORS AND MONITORING. (a) In General.--Section 118(c)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)(1)) is amended by striking subparagraph (B) and inserting the following: ``(B)(i) not later than 2 years after the date of enactment of this clause, in cooperation with Canada and appropriate Federal agencies (including the United States Geological Survey, the National Oceanic and Atmospheric Administration, and the United States Fish and Wildlife Service), develop and implement a set of science-based indicators of water quality and related environmental factors in the Great Lakes, including, at a minimum, measures of toxic pollutants that have accumulated in the Great Lakes for a substantial period of time, as determined by the Program Office; ``(ii) not later than 4 years after the date of enactment of this clause-- ``(I) establish a Federal network for the regular monitoring of, and collection of data throughout, the Great Lakes basin with respect to the indicators described in clause (i); and ``(II) collect an initial set of benchmark data from the network; and ``(iii) not later than 2 years after the date of collection of the data described in clause (ii)(II), and biennially thereafter, in addition to the report required under paragraph (10), submit to Congress, and make available to the public, a report that-- ``(I) describes the water quality and related environmental factors of the Great Lakes (including any changes in those factors), as determined through the regular monitoring of indicators under clause (ii)(I) for the period covered by the report; and ``(II) identifies any emerging problems in the water quality or related environmental factors of the Great Lakes.''. (b) Authorization of Appropriations.--Section 118 of the Federal Water Pollution Control Act (33 U.S.C. 1268) is amended by striking subsection (h) and inserting the following: ``(h) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section (other than subsection (c)(1)(B)) $25,000,000 for each of fiscal years 2004 through 2008. ``(2) Great lakes water quality indicators and monitoring.--There are authorized to be appropriated to carry out subsection (c)(1)(B)-- ``(A) $4,000,000 for fiscal year 2004; ``(B) $6,000,000 for fiscal year 2005; ``(C) $8,000,000 for fiscal year 2006; and ``(D) $10,000,000 for fiscal year 2007.''.

Great Lakes Environmental Restoration Act - Establishes a Great Lakes Environmental Restoration Grant Program in the Great Lakes National Program Office of the Environmental Protection Agency (EPA). Allocates funds among the Great Lakes States, requiring the funding of at least one project or activity per Great Lakes State per fiscal year. Stipulates that these projects result in tangible improvements in the Great Lakes watershed and address at least one of the priority issues identified by the Great Lakes Environmental Restoration Advisory Board. Prohibits the use of restoration grant funds for: (1) roads not connected with a sewer upgrade; (2) research, monitoring or beautification projects unrelated to tangible improvements to the watershed; or (3) litigation and lobbying expenses. Establishes the Great Lakes Environmental Restoration Advisory Board which includes Federal, State, and local members as well as Canadian and environmental organization observers. Establishes the Great Lakes Federal Coordinating Council. Amends the Federal Water Pollution Control Act to require the Administrator of EPA to: (1) develop and implement science-based indicators of water quality and related environmental factors in the Great Lakes, including measures of accumulated toxic pollutants; (2) establish a Federal network to regularly monitor and collect this data; and (3) make a report available to Congress and the public describing the water quality and related environmental factors of the Great Lakes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Missing-in-Action and Prisoners of War in Southeast Asia Act''. SEC. 2. ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the Commission on Missing-in-Action and Prisoners of War in Southeast Asia (in this Act referred to as the ``Commission''). SEC. 3. MEMBERSHIP OF COMMISSION. (a) Number and Appointment.--The Commission shall be composed of seven members as follows: (1) One individual appointed by the President from among the general public who shall serve as Chairperson of the Commission. (2) One individual appointed by the President pro tempore of the Senate from among Members of the Senate. (3) One individual appointed by the Speaker of the House of Representatives from among Members of the House of Representatives. (4) Two individuals appointed by the President who are members of the immediate family of United States personnel who remain not accounted for as a result of service in the Armed Forces or other Federal Government service in Southeast Asia during the Vietnam era. (5) One individual appointed by the Secretary of Defense from among officers or employees of the Department of Defense. (6) One individual appointed by the Secretary of State from among officers or employees of the Department of State. (b) Terms.--The term of office for a member of the Commission shall be the life of the Commission. (c) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Compensation.-- (1) Rate of pay.--Except as provided in paragraph (2), each member of the Commission shall serve without pay or benefits. (2) Travel expenses.--Each member of the Commission may receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Quorum.--A majority of the members of the Commission shall constitute a quorum. (f) Meetings.-- (1) In general.--The Commission shall meet at the call of the Chairperson or a majority of its members. (2) Initial meeting.--The Commission shall hold its initial meeting not later than 60 days after the date on which appointments are completed. SEC. 4. DUTIES OF COMMISSION. (a) Study.-- (1) In general.--The Commission shall conduct a comprehensive study of the efforts made by the government of Vietnam to account for any United States personnel who remain not accounted for as a result of service in the Armed Forces or other Federal Government service in Southeast Asia during the Vietnam era. (2) Matters studied.--The matters studied by the Commission shall include-- (A) efforts of the POW/MIA task force of the Department of Defense to dispose of the ``discrepancy'' cases involving 55 individuals who were known to be alive on the ground during the Vietnam era but who did not return to the United States; (B) efforts of the government of the United States to account for any United States personnel who remain not accounted for as a result of service in the Armed Forces or other Federal Government service in Southeast Asia during the Vietnam era; and (C) efforts of the governments of Vietnam, Laos, Cambodia, and the People's Republic of China, to account for any United States personnel who remain not accounted for as a result of service in the Armed Forces or other Federal Government service in Southeast Asia during the Vietnam era. (b) Report.--Not later than January 1, 1997, the Commission shall submit to Congress a report on its findings and recommendations. SEC. 5. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Obtaining Official Data.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out this Act. Upon request of the Chairperson or Vice Chairperson of the Commission, the head of the agency shall provide the information to the Commission. (c) Administrative Support Services.--At the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. SEC. 6. STAFF OF COMMISSION. (a) Staff.--The Commission may appoint and fix the compensation of such staff as the Commission considers necessary to perform its duties. (b) Applicability of Certain Civil Service Laws.--The staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that the rate of pay for such staff may not exceed the rate of basic pay under the General Schedule for positions above GS-15. (c) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay under the General Schedule for positions above GS-15. SEC. 7. TERMINATION OF COMMISSION. The Commission shall terminate 90 days after the date of the submission of its report under section 4(b). SEC. 8. SENSE OF CONGRESS. It is the sense of Congress that-- (1) not later than 90 days after the date of receipt of the report under section 4(b), the appropriate committees of Congress should initiate hearings to consider the findings and recommendations of the report; and (2) the appropriate committees should consider whether to adopt a resolution stating the sense of Congress on whether diplomatic relations between the United States and Vietnam should be maintained.

Commission on Missing-in-Action and Prisoners of War in Southeast Asia Act - Establishes the Commission on Missing-in-Action and Prisoners of War in Southeast Asia to: (1) conduct a comprehensive study of efforts made by the government of Vietnam to account for any U.S. personnel who remain unaccounted for as a result of military or Federal Government service in Southeast Asia during the Vietnam era; and (2) report to the Congress on the study's findings and recommendations. Terminates the Commission 90 days after submission of such report. Expresses the sense of the Congress that the appropriate congressional committees should: (1) initiate hearings to consider the findings and recommendations of the report; and (2) consider whether to adopt a resolution stating the sense of the Congress on whether diplomatic relations between the United States and Vietnam should be maintained.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Support Act''. SEC. 2. SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS. (a) In General.--Subpart 14 of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7269 et seq.) is amended-- (1) by inserting after the subpart heading the following: ``CHAPTER A--SYSTEMS INTEGRATION; PROMOTION OF SCHOOL READINESS''; and (2) by adding at the end the following: ``CHAPTER B--SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS ``SEC. 5545. FINDINGS. ``The Congress finds the following: ``(1) The Surgeon General of the Public Health Service has found that although 1 in 10 children and adolescents suffer from mental illness severe enough to cause some level of impairment, in any given year fewer than 1 in 3 of these children receives needed treatment. The short- and long-term consequences of untreated childhood mental disorders are costly, in both human and fiscal terms. ``(2) School counselors, school psychologists, other qualified psychologists, child and adolescent psychiatrists, and school social workers are needed to help these children and to provide a variety of crucial support services. ``(3) Across the United States, there are insufficient resources for school-based counseling professionals, and often students do not get the help they need. The current national average ratio of students to school counselors in elementary and secondary schools is 471 to 1. ``(4) United States schools need more mental health professionals, and they need the flexibility to hire the professionals that will best serve their students. ``(5) According to the leading counseling, guidance, and mental health organizations, including the American School Counselor Association, the National Association of Social Psychologists, the National Association of Social Workers, and the School Social Work Association of America, the maximum recommended ratio of-- ``(A) students to school counselors is 250 to 1; ``(B) students to school psychologists is 1,000 to 1; and ``(C) students to school social workers is 250 to 1. ``(6) In some States, 1 school counselor typically serves over 1,000 students. Ratios for school psychologists and school social workers are also extremely high. In some schools, there are no school-based mental health and student service providers available to assist students in times of crisis, or at any other time. ``(7) The number of students is expected to grow significantly over the next few years. During this time, many school-based mental health professionals who currently serve the Nation's youth will retire. ``(8) Model programs using school-based mental health and student service providers have reduced school suspensions, reduced referrals to the principal's office, reduced the use of weapons, force, and threats, and increased students' feelings of safety. ``SEC. 5546. PURPOSES. ``The purposes of this chapter are to assist States and local educational agencies in hiring additional school-based mental health providers, including additional school counselors, school psychologists, other qualified psychologists, child and adolescent psychiatrists, and school social workers to achieve each of the following: ``(1) To reduce the ratios of school-based mental health and student service providers to students in elementary and secondary schools in the United States to the following minimum ratios recommended by the leading counseling, guidance, and mental health organizations, including the American School Counselor Association, the National Association of Social Psychologists, the National Association of Social Workers, and the School Social Work Association of America: ``(A) One school counselor for every 250 students. ``(B) One school psychologist for every 1,000 students. ``(C) One school social worker for every 250 students. ``(2) To provide school-based mental health and student services. ``(3) To remove emotional, behavioral, and psychosocial barriers to learning so as to enhance students' classroom preparedness and ability to learn. ``(4) To support school staff and teachers in improving classroom management, conducting behavioral interventions to improve school discipline, and developing the awareness and skills to identify early warning signs of violence and the need for mental health services. ``(5) To support parental involvement in improving the school behavior and academic success of their children. ``SEC. 5547. DEFINITIONS. ``In this chapter, the following definitions apply: ``(1) Child.--The term `child' means an individual who is not less than 5 years old and not more than 17 years old. ``(2) Child and adolescent psychiatrist.--The term `child and adolescent psychiatrist' has the meaning given such term in section 5421(e). ``(3) Child in poverty.--The term `child in poverty' means a child from a family with an income below the poverty line. ``(4) Mental health and student service provider.--The term `mental health and student service provider' means a qualified individual who provides mental health and student services, including any individual who is a qualified school counselor, a qualified school psychologist or any other qualified psychologist, a child or adolescent psychiatrist, or a qualified school social worker. ``(5) Mental health and student services.--The term `mental health and student services' includes direct, individual, and group services provided to students, parents, and school personnel by mental health and student service providers, and the coordination of prevention strategies in schools or community-based programs. ``(6) Other qualified psychologist.--The term `other qualified psychologist' has the meaning given such term in section 5421(e). ``(7) Poverty line.--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. ``(8) School counselor.--The term `school counselor' means an individual who has documented competence in counseling children and adolescents in a school setting and who-- ``(A) possesses State licensure or certification granted by an independent professional regulatory authority; ``(B) possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or ``(C) holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent. ``(9) School psychologist.--The term `school psychologist' means an individual who-- ``(A) possesses a minimum of 60 graduate semester hours in school psychology from an institution of higher education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours shall be in a school setting; ``(B) possesses State licensure or certification in school psychology in the State in which the individual works; or ``(C) possesses national certification by the National School Psychology Certification Board. ``(10) School social worker.--The term `school social worker' means an individual who-- ``(A) holds a master's degree in social work from a program accredited by the Council on Social Work Education; ``(B) is licensed or certified by the State in which services are provided; or ``(C) possesses a national credential or national certification as a school social work specialist granted by an independent professional organization. ``(11) State.--The term `State' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. ``SEC. 5548. SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDER GRANT PROGRAM. ``(a) In General.--In accordance with this chapter, the Secretary shall make grants to eligible States to assist local educational agencies in those States in hiring additional school-based mental health and student service providers. ``(b) Allocation of Funds.--From the total amount appropriated for a fiscal year to carry out this chapter, the Secretary shall-- ``(1) make available 1 percent of such amount to the Secretary of the Interior (on behalf of the Bureau of Indian Affairs) and the outlying areas for activities that carry out the purposes of this chapter; and ``(2) make available in the form of grants to each eligible State an amount equal to the sum of-- ``(A) an amount that bears the same relationship to 50 percent of such total amount as the number of children in poverty who reside in the State bears to the number of such children in all States; and ``(B) an amount that bears the same relationship to 50 percent of such total amount as the number of children enrolled in public and private nonprofit elementary schools and secondary schools in the State bears to the number of children enrolled in all such schools in all States. ``(c) Minimum Grant.--Notwithstanding subsection (b), no grant under this section shall be for an amount less than $1,000,000. ``(d) Reallocation.--The Secretary shall reallocate to States that have received approval under subsection (e)(2) any funds allocated under subsection (b) to a State that fails to submit an application that is approved by the Secretary. ``(e) Application by State.-- ``(1) In general.--To be eligible to receive a grant under this chapter, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Approval.--The Secretary may not approve an application under this subsection unless the State submitting the application-- ``(A) presents a plan, which the Secretary considers to be reasonable, under which the State will make grants, in accordance with the purposes of this chapter, to local educational agencies to fund the hiring of additional school counselors, school psychologists, other qualified psychologists, child and adolescent psychiatrists, and school social workers; and ``(B) provides an assurance that the State will provide the matching amount required under subsection (g). ``(f) Use of Funds by State.-- ``(1) In general.--In accordance with this subsection, the total of the amounts made available to a State under this section and the amounts of the non-Federal match required under subsection (g) may only be used by a State to make grants to local educational agencies to assist such agencies in hiring additional school-based mental health and student service providers. ``(2) Administrative costs.--In each fiscal year, a State may use not more than 5 percent of the assistance made available to it under this chapter for the administrative costs of the State in carrying out the State's responsibilities under this chapter. ``(3) Allocation of funds.--In making grants in accordance with this subsection, the State shall allocate from the total described in paragraph (1) to each local educational agency an amount equal to the sum of-- ``(A) an amount that bears the same relationship to 50 percent of such total as the number of children in poverty who reside in the school district served by the local educational agency bears to the number of such children who reside in all the school districts in the State; and ``(B) an amount that bears the same relationship to 50 percent of such total as the number of children enrolled in public and private nonprofit elementary schools and secondary schools in the school district served by the local educational agency bears to the number of children enrolled in all such schools in the State. ``(4) Minimum grant.--Notwithstanding paragraph (3), no grant made by a State in accordance with this subsection shall be for an amount less than $50,000. ``(5) Source of data.--For purposes of paragraph (3), the State shall use data from the most recent fiscal year for which satisfactory data are available, except that the State may adjust such data, or use alternative child poverty data, if the State demonstrates to the Secretary's satisfaction that such adjusted or alternative data more accurately reflect the relative incidence of children who are living in poverty and who reside in the school districts in the State. ``(6) Application by local educational agencies.--A State may require that, in order to be eligible for a grant made by the State in accordance with this subsection, a local educational agency shall submit an application to the State at such time, in such manner, and containing such information as the State may require. ``(g) Matching Funds.-- ``(1) In general.--As a condition of receiving a grant under this section, the Secretary shall require that a State provide from non-Federal sources an amount equal to the amount of the grant. ``(2) Local contribution.--In making grants to local educational agencies in accordance with this subsection, a State may require that a local educational agency match a portion of the amount of the grant made to the agency. ``(3) Form.--The non-Federal share required by this subsection may be provided in cash or in kind, fairly evaluated, and may include facilities, equipment, or services. ``(h) Funds To Be Supplementary.--Assistance made available under this chapter shall be used to supplement, and may not supplant, Federal, State, or local funds used for employing school-based mental health and student service providers. ``(i) Data Collection and Report.-- ``(1) In general.--For each fiscal year for which it receives assistance under this chapter, a State shall collect data describing how the assistance is used. ``(2) Report.--Not later than 1 year after assistance is made available to a State under this chapter, the State shall transmit to the Secretary a report on the data described in paragraph (1), including information with respect to each local educational agency to which the State made a grant with assistance made available under this chapter-- ``(A) the number of school counselors, school psychologists, other qualified psychologists, child and adolescent psychiatrists, and school social workers employed by local educational agency; and ``(B) the ratio of students to school counselors, the ratio of students to school psychologists or other qualified psychologists, the ratio of students to child and adolescent psychiatrists, and the ratio of students to school social workers. ``(3) Source of funds.--A State may use a portion of the assistance permitted to be used for administrative costs to carry out its responsibilities under this subsection. ``(4) Publication.--The Secretary shall make data received under this subsection publicly available on an annual basis. ``SEC. 5549. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this chapter $100,000,000 for each of fiscal years 2016 through 2024.''. (b) Clerical Amendments.--The table of contents for the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by amending the items relating to subpart 14 of title V to read as follows: ``Subpart 14--Grants To Improve the Mental Health of Children ``CHAPTER A--SYSTEMS INTEGRATION; PROMOTION OF SCHOOL READINESS ``Sec. 5541. Grants for the integration of schools and mental health systems. ``Sec. 5542. Promotion of school readiness through early childhood emotional and social development. ``CHAPTER B--SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS ``Sec. 5545. Findings. ``Sec. 5546. Purposes. ``Sec. 5547. Definitions. ``Sec. 5548. School-based mental health and student service provider grant program. ``Sec. 5549. Authorization of appropriations.''.

Student Support Act This bill amends the Elementary and Secondary Education Act of 1965 to require the Department of Education to make matching grants of at least $1 million to states for allocation to local educational agencies (LEAs) so that additional school-based mental health and student service providers may be hired, thereby reducing the student-to-provider ratios in elementary and secondary schools to specified minimum levels recommended by the leading counseling, guidance, and mental health organizations. These minimum ratios are: (1) 1 school counselor for every 250 students, (2) 1 school psychologist for every 1,000 students, and (3) 1 school social worker for every 250 students. Grants to states and state allocations to LEAs must be made pursuant to specified formulas that take into account a state's and school district's share of children in poverty.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Password Protection Act of 2012''. SEC. 2. PROHIBITED ACTIVITY. (a) In General.--Section 1030(a) of title 18, United States Code, is amended-- (1) in paragraph (7)(C), by inserting ``or'' after the semicolon; and (2) by inserting after paragraph (7)(C) the following: ``(8) acting as an employer, knowingly and intentionally-- ``(A) for the purposes of employing, promoting, or terminating employment, compels or coerces any person to authorize access, such as by providing a password or similar information through which a computer may be accessed, to a protected computer that is not the employer's protected computer, and thereby obtains information from such protected computer; or ``(B) discharges, disciplines, discriminates against in any manner, or threatens to take any such action against, any person-- ``(i) for failing to authorize access described in subparagraph (A) to a protected computer that is not the employer's protected computer; or ``(ii) who has filed any complaint or instituted or caused to be instituted any proceeding under or related to this paragraph, or has testified or is about to testify in any such proceeding;''. (b) Fine.--Section 1030(c) of title 18, United States Code, is amended-- (1) in paragraph (4)(G)(ii), by striking the period at the end and inserting ``; and''; and (2) by adding at the end the following: ``(5) a fine under this title, in the case of an offense under subsection (a)(8) or an attempt to commit an offense punishable under this paragraph.''. (c) Definitions.--Section 1030(e) of title 18, United States Code, is amended-- (1) in paragraph (11), by striking ``and'' after the semicolon; (2) in paragraph (12), by striking the period and inserting a semicolon; and (3) by adding at the end the following: ``(13) the term `employee' means an employee, as such term is defined in section 201(2) of the Genetic Nondiscrimination Act of 2008 (42 U.S.C. 2000ff(2)); ``(14) the term `employer' means an employer, as such term is defined in such section 201(2); and ``(15) the term `employer's protected computer' means a protected computer of the employer, including any protected computer owned, operated, or otherwise controlled by, for, or on behalf of that employer.''. (d) Exceptions.--Section 1030(f) of title 18, United States Code, is amended-- (1) by striking ``(f) This'' and inserting ``(f)(1) This''; and (2) by adding at the end the following: ``(2)(A) Nothing in subsection (a)(8) shall be construed to limit the authority of a court of competent jurisdiction to grant equitable relief in a civil action, if the court determines that there are specific and articulable facts showing that there are reasonable grounds to believe that the information sought to be obtained is relevant and material to protecting the intellectual property, a trade secret, or confidential business information of the party seeking the relief. ``(B) Notwithstanding subsection (a)(8), the prohibition in such subsection shall not apply to an employer's actions if-- ``(i) the employer discharges or otherwise disciplines an individual for good cause and an activity protected under subsection (a)(8) is not a motivating factor for the discharge or discipline of the individual; ``(ii) a State enacts a law that specifically waives subsection (a)(8) with respect to a particular class of State government employees or employees who work with individuals under 13 years of age, and the employer's action relates to an employee in such class; or ``(iii) an Executive agency (as defined in section 105 of title 5), a military department (as defined in section 102 of such title), or any other entity within the executive branch that comes into the possession of classified information, including the Defense Intelligence Agency, National Security Agency, and National Reconnaissance Office, specifically waives subsection (a)(8) with respect to a particular class of employees requiring eligibility for access to classified information under Executive Order 12968 (60 Fed. Reg. 40245), or any successor thereto, and the employer's action relates to an employee in such class.''.

Password Protection Act of 2012 - Amends the federal criminal code to subject to a fine any employer who knowingly and intentionally: (1) compels or coerces any person to provide the employer with a password or similar information to access a protected computer not owned by such employer; or (2) discharges, disciplines, discriminates, or threatens to take such actions, against any person who fails to authorize access to such computer, has filed a complaint or instituted a proceeding regarding such action, or testified or is about to testify in any such proceeding. Declares that nothing in this Act shall be construed to limit the authority of a court of competent jurisdiction to grant equitable relief in a civil action, if the court believes that the information sought to be obtained is relevant to protecting the intellectual property, a trade secret, or confidential business information of the party seeking relief. Exempts an employer's actions from such prohibition if: (1) the employer discharges or disciplines an individual for good cause; (2) a state enacts a law that specifically waives such prohibition with respect to a particular class of state or agency employees and the employer's action relates to an employee in such class; or (3) an executive agency, military department, or other executive branch entity specifically waives the prohibition with respect to a particular class of employees who may have access to classified information.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Church Plan Clarification Act of 2015''. SEC. 2. CHURCH PLAN CLARIFICATION. (a) Application of Controlled Group Rules to Church Plans.-- (1) In general.--Section 414(c) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``For purposes'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2), for purposes'', and (B) by adding at the end the following new paragraph: ``(2) Special rules relating to church plans.-- ``(A) General rule.--Except as provided in subparagraphs (B) and (C), for purposes of this subsection and subsection (m), an organization that is otherwise eligible to participate in a church plan shall not be aggregated with another such organization and treated as a single employer with such other organization for a plan year beginning in a taxable year unless-- ``(i) one such organization provides (directly or indirectly) at least 80 percent of the operating funds for the other organization during the preceding tax year of the recipient organization, and ``(ii) there is a degree of common management or supervision between the organizations such that the organization providing the operating funds is directly involved in the day-to-day operations of the other organization. ``(B) Nonqualified church-controlled organizations.--Notwithstanding subparagraph (A), for purposes of this subsection and subsection (m), an organization that is a nonqualified church-controlled organization shall be aggregated with 1 or more other nonqualified church-controlled organizations, or with an organization that is not exempt from tax under section 501, and treated as a single employer with such other organization, if at least 80 percent of the directors or trustees of such other organization are either representatives of, or directly or indirectly controlled by, such nonqualified church-controlled organization. For purposes of this subparagraph, the term `nonqualified church-controlled organization' means a church-controlled tax-exempt organization described in section 501(c)(3) that is not a qualified church-controlled organization (as defined in section 3121(w)(3)(B)). ``(C) Permissive aggregation among church-related organizations.--The church or convention or association of churches with which an organization described in subparagraph (A) is associated (within the meaning of subsection (e)(3)(D)), or an organization designated by such church or convention or association of churches, may elect to treat such organizations as a single employer for a plan year. Such election, once made, shall apply to all succeeding plan years unless revoked with notice provided to the Secretary in such manner as the Secretary shall prescribe. ``(D) Permissive disaggregation of church-related organizations.--For purposes of subparagraph (A), in the case of a church plan, an employer may elect to treat churches (as defined in section 403(b)(12)(B)) separately from entities that are not churches (as so defined), without regard to whether such entities maintain separate church plans. Such election, once made, shall apply to all succeeding plan years unless revoked with notice provided to the Secretary in such manner as the Secretary shall prescribe.''. (2) Clarification relating to application of anti-abuse rule.--The rule of 26 CFR 1.414(c)-5(f) shall continue to apply to each paragraph of section 414(c) of the Internal Revenue Code of 1986, as amended by paragraph (1). (3) Effective date.--The amendments made by paragraph (1) shall apply to years beginning before, on, or after the date of the enactment of this Act. (b) Application of Contribution and Funding Limitations to 403(b) Grandfathered Defined Benefit Plans.-- (1) In general.--Section 251(e)(5) of the Tax Equity and Fiscal Responsibility Act of 1982 (Public Law 97-248), is amended-- (A) by striking ``403(b)(2)'' and inserting ``403(b)'', and (B) by inserting before the period at the end the following: ``, and shall be subject to the applicable limitations of section 415(b) of such Code as if it were a defined benefit plan under section 401(a) of such Code (and not to the limitations of section 415(c) of such Code).''. (2) Effective date.--The amendments made by this subsection shall apply to years beginning before, on, or after the date of the enactment of this Act. (c) Automatic Enrollment by Church Plans.-- (1) In general.--This subsection shall supersede any law of a State that relates to wage, salary, or payroll payment, collection, deduction, garnishment, assignment, or withholding which would directly or indirectly prohibit or restrict the inclusion in any church plan (as defined in section 414(e) of the Internal Revenue Code of 1986) of an automatic contribution arrangement. (2) Definition of automatic contribution arrangement.--For purposes of this subsection, the term ``automatic contribution arrangement'' means an arrangement-- (A) under which a participant may elect to have the plan sponsor or the employer make payments as contributions under the plan on behalf of the participant, or to the participant directly in cash, (B) under which a participant is treated as having elected to have the plan sponsor or the employer make such contributions in an amount equal to a uniform percentage of compensation provided under the plan until the participant specifically elects not to have such contributions made (or specifically elects to have such contributions made at a different percentage), and (C) under which the notice and election requirements of paragraph (3), and the investment requirements of paragraph (4), are satisfied. (3) Notice requirements.-- (A) In general.--The plan sponsor of, or plan administrator or employer maintaining, an automatic contribution arrangement shall, within a reasonable period before the first day of each plan year, provide to each participant to whom the arrangement applies for such plan year notice of the participant's rights and obligations under the arrangement which-- (i) is sufficiently accurate and comprehensive to apprise the participant of such rights and obligations, and (ii) is written in a manner calculated to be understood by the average participant to whom the arrangement applies. (B) Election requirements.--A notice shall not be treated as meeting the requirements of subparagraph (A) with respect to a participant unless-- (i) the notice includes an explanation of the participant's right under the arrangement not to have elective contributions made on the participant's behalf (or to elect to have such contributions made at a different percentage), (ii) the participant has a reasonable period of time, after receipt of the explanation described in clause (i) and before the first elective contribution is made, to make such election, and (iii) the notice explains how contributions made under the arrangement will be invested in the absence of any investment election by the participant. (4) Default investment.--If no affirmative investment election has been made with respect to any automatic contribution arrangement, contributions to such arrangement shall be invested in a default investment selected with the care, skill, prudence, and diligence that a prudent person selecting an investment option would use. (5) Effective date.--This subsection shall take effect on the date of the enactment of this Act. (d) Allow Certain Plan Transfers and Mergers.-- (1) In general.--Section 414 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(z) Certain Plan Transfers and Mergers.-- ``(1) In general.--Under rules prescribed by the Secretary, except as provided in paragraph (2), no amount shall be includible in gross income by reason of-- ``(A) a transfer of all or a portion of the accrued benefit of a participant or beneficiary, whether or not vested, from a church plan that is a plan described in section 401(a) or an annuity contract described in section 403(b) to an annuity contract described in section 403(b), if such plan and annuity contract are both maintained by the same church or convention or association of churches, ``(B) a transfer of all or a portion of the accrued benefit of a participant or beneficiary from an annuity contract described in section 403(b) to a church plan that is a plan described in section 401(a) or an annuity contract described in section 403(b), if such plan and annuity contract are both maintained by the same church or convention or association of churches, or ``(C) a merger of a church plan that is a plan described in section 401(a), or an annuity contract described in section 403(b) with an annuity contract described in section 403(b), if such plan and annuity contract are both maintained by the same church or convention or association of churches. ``(2) Limitation.--Paragraph (1) shall not apply to a transfer or merger unless the participant's or beneficiary's total accrued benefit immediately after the transfer or merger is equal to or greater than the participant's or beneficiary's total accrued benefit immediately before the transfer or merger, and such total accrued benefit is nonforfeitable after the transfer or merger. ``(3) Qualification.--A plan or annuity contract shall not fail to be considered to be described in sections 401(a) or 403(b) merely because such plan or annuity contract engages in a transfer or merger described in this subsection. ``(4) Definitions.--For purposes of this subsection: ``(A) Church or convention or association of churches.--The term `church or convention or association of churches' includes an organization described in subparagraph (A) or (B)(ii) of subsection (e)(3). ``(B) Annuity contract.--The term `annuity contract' includes a custodial account described in section 403(b)(7) and a retirement income account described in section 403(b)(9). ``(C) Accrued benefit.--The term `accrued benefit' means-- ``(i) in the case of a defined benefit plan, the employee's accrued benefit determined under the plan, and ``(ii) in the case of a plan other than a defined benefit plan, the balance of the employee's account under the plan.''. (2) Effective date.--The amendment made by this subsection shall apply to transfers or mergers occurring after the date of the enactment of this Act. (e) Investments by Church Plans in Collective Trusts.-- (1) In general.--In the case of-- (A) a church plan (as defined in section 414(e) of the Internal Revenue Code of 1986), including a plan described in section 401(a) of such Code and a retirement income account described in section 403(b)(9) of such Code, and (B) an organization described in section 414(e)(3)(A) of such Code the principal purpose or function of which is the administration of such a plan or account, the assets of such plan, account, or organization (including any assets otherwise permitted to be commingled for investment purposes with the assets of such a plan, account, or organization) may be invested in a group trust otherwise described in Internal Revenue Service Revenue Ruling 81-100 (as modified by Internal Revenue Service Revenue Rulings 2004-67, 2011-1, and 2014-24), or any subsequent revenue ruling that supersedes or modifies such revenue ruling, without adversely affecting the tax status of the group trust, such plan, account, or organization, or any other plan or trust that invests in the group trust. (2) Effective date.--This subsection shall apply to investments made after the date of the enactment of this Act.

Church Plan Clarification Act of 2015 This bill amends the Internal Revenue Code, with respect to the tax treatment of church pension plans, to: (1) provide that an organization otherwise eligible to participate in a church plan shall not be aggregated with another such organization and treated as a single employer with it unless one such organization provides at least 80% of the operating funds for the other organization during the recipient organization's preceding tax year and there is a degree of common management or supervision between the organizations, (2) adopt benefit accrual limitations for church defined benefit plans established before 1982, and (3) allow transfers and mergers of qualified church retirement plans. The bill also: (1) preempts any state law relating to wage, salary, or payroll payment, collection, deduction, garnishment, assignment, or withholding that would directly or indirectly prohibit or restrict the inclusion in any church plan of an automatic contribution arrangement; and (2) allows church plans and their supporting organizations to invest plan assets in a group trust (as defined by Internal Revenue Service Revenue Rulings).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Conservation and Quality Incentives Act''. SEC. 2. FINDINGS. Congress finds that-- (1) in many parts of the United States, water supplies are insufficient to meet current or expected future demand during certain times of the year; (2) a number of factors (including growing populations, increased demands for food and fiber production, and new environmental demands for water) are placing increased demands on existing water supply sources; (3) increased water conservation, water quality enhancement, and more efficient use of water supplies could help meet increased demands on water sources; (4) in States that recognize rights to conserved water for persons who conserve it, irrigation suppliers, farmers, ranchers, and other users could gain rights to use conserved water while also increasing the quantity of water available for other beneficial uses by implementing measures to reduce water loss during transport to, or application on, the fields; (5) reducing the quantity of water lost during transport to the fields and improving water quality can help areas better meet changing population and economic needs; and (6) the role of the Federal Government in helping meet those changing water needs should be to provide financial assistance to help irrigators, farmers, and ranchers implement practical, cost-effective water quality and conservation measures. SEC. 3. USE OF STATE REVOLVING LOAN FUNDS FOR WATER CONSERVATION IMPROVEMENTS. Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended-- (1) in the first sentence of subsection (c)-- (A) by striking ``and (3)'' and inserting ``(3)''; and (B) by inserting before the period at the end the following: ``, (4) for construction of water conservation improvements by eligible recipients under subsection (i)''; and (2) by adding at the end the following: ``(i) Water Conservation Improvements.-- ``(1) Definition of eligible recipient.--In this subsection, the term `eligible recipient' means a municipality, quasi-municipality, municipal corporation, special district, conservancy district, irrigation district, water users' association, tribal authority, intermunicipal, interstate, or State agency, nonprofit private organization, a member of such an association, authority, agency, or organization, or a lending institution, located in a State that has enacted laws that-- ``(A) provide a water user who invests in a water conservation improvement with a right to use water conserved by the improvement, as allowed by State law; ``(B) provide authority to reserve minimum flows of streams in the State; and ``(C) prohibit transactions that adversely affect existing water rights. ``(2) Financial assistance.--A State may provide financial assistance from its water pollution control revolving fund to an eligible recipient to construct a water conservation improvement, including-- ``(A) piping or lining of an irrigation canal; ``(B) wastewater and tailwater recovery or recycling; ``(C) irrigation scheduling; ``(D) water use measurement or metering; ``(E) on-field irrigation efficiency improvements; and ``(F) any other improvement that the State determines will provide water conservation benefits. ``(3) Voluntary participation.--The participation of an eligible recipient in the water conservation improvement shall be voluntary. ``(4) Use of conserved water.--The quantity of water conserved through the water conservation improvement shall be allocated in accordance with applicable State law, including any applicable State law requiring a portion of the conserved water to be used for instream flow enhancement or other conservation purposes. ``(5) Limitation on use for irrigated agriculture.-- Conserved water made available under paragraph (4) shall not be used to irrigate land that has not previously been irrigated unless the use is authorized by State law and will not diminish water quality.''. SEC. 4. USE OF STATE REVOLVING LOAN FUNDS FOR WATER QUALITY IMPROVEMENTS. Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) (as amended by section 3) is amended-- (1) in the first sentence of subsection (c), by inserting before the period at the end the following: ``, and (5) for construction of water quality improvements or practices by eligible recipients under subsection (j)''; and (2) by adding at the end the following: ``(j) Water Quality Improvements.-- ``(1) Definition of eligible recipient.--In this subsection, the term `eligible recipient' means a municipality, quasi-municipality, municipal corporation, special district, conservancy district, irrigation district, water users' association or member of such an association, tribal authority, intermunicipal, interstate, or State agency, nonprofit private organization, or lending institution. ``(2) Financial assistance.--A State may provide financial assistance from its water pollution control revolving fund to an eligible recipient to construct or establish water quality improvements or practices that the State determines will provide water quality benefits. ``(3) Voluntary participation.--The participation of an eligible recipient in the water quality improvements or practices shall be voluntary.''. SEC. 5. CONFORMING AMENDMENTS. Section 601(a) of the Federal Water Pollution Control Act (33 U.S.C. 1381(a)) is amended-- (1) by striking ``and (3)'' and inserting ``(3)''; and (2) by inserting before the period at the end the following: ``, and (4) for construction of water conservation and quality improvements by eligible recipients under subsections (i) and (j) of section 603''.

Water Conservation and Quality Incentives Act - Amends the Federal Water Pollution Control Act to authorize the use of State water pollution control revolving funds for assistance to eligible recipients for construction of water conservation and quality improvements.Bars the use of water conserved through such improvements for the irrigation of land that has not been previously irrigated unless the use is authorized by State law and will not diminish water quality.

SECTION 1. EXTENSION OF EXISTING SUSPENSION OF DUTY ON CERTAIN CHEMICALS. Each of the following headings of the Harmonized Tariff Schedule of the United States is amended by striking ``12/31/92'' and inserting ``12/31/94''. (1) 9902.29.04 (relating to p-Toluenesulfonyl chloride). (2) 9902.29.13 (relating to 2,6-Dichlorobenzaldehyde). (3) 9902.29.28 (relating to <greek-a>,<greek-a>,<greek-a>- Trifluoro-o-toluidine). (4) 9902.29.30 (relating to 8-Amino-1-naphthalenesulfonic acid and its salts). (5) 9902.29.31 (relating to 5-Amino-2-(p- aminoanilino)benzenesulfonic acid). (6) 9902.29.33 (relating to 1-Amino-8-hydroxy-3,6- naphthalenedisulfonic acid; and 4-Amino-5-hydroxy-2,7- naphthalenedisulfonic acid, monosodium salt (H acid, monosodium salt)). (7) 9902.29.35 (relating to 6-Amino-4-hydroxy-2- naphthalenesulfonic acid (Gamma Acid)). (8) 9902.29.38 (relating to 3,3'-Dimethoxybenzidine (o- Dianisidine) and its dihydrochloride). (9) 9902.29.40 (relating to 2-Amino-5-nitrophenol). (10) 9902.29.43 (relating to 1-Amino-2,4- dibromoanthraquinone). (11) 9902.29.44 (relating to 1-Amino-4-bromo-2- anthraquinonesulfonic acid (Bromamine acid) and its sodium salt). (12) 9902.29.47 (relating to 4-Methoxyaniline-2-sulfonic acid). (13) 9902.29.51 (relating to N-(7-Hydroxy-1-naphthyl acetamide). (14) 9902.29.57 (relating to N,N-bis(2-cyanoethyl)aniline). (15) 9902.29.64 (relating to 6-(3-Methyl-5-oxo-1- pyrazolyl)-1,3-naphthalenedisulfonic acid (amino-J-pyrazolone) (CAS No. 7277-87-4); and 3-Methyl-1-phenyl-5-pyrazolone (Methylphenylpyrazolone). (16) 9902.29.69 (relating to 3-Methyl-5-pyrazolone). (17) 9902.29.79 (relating to 2-Amino-N- ethylbenzenesulfonoanilide). (18) 9902.30.15 (relating to 7-Hydroxy-1,3- naphthalenedisulfonic acid, dipotassium salt (CAS No. 842-18- 2)). (19) 9902.30.18 (relating to 1,4-Dihydroxyanthraquinone (CAS No. 81-64-1)). (20) 9902.30.31 (relating to 2-Chloro-4-nitroaniline (CAS No. 121-87-9)). (21) 9902.30.32 (relating to 4-Chloro-<greek-a>-<greek-a>- <greek-a>-trifluoro-o-toluidine (CAS No. 445-03-4)). (22) 9902.30.34 (relating to 5-Amino-2-naphthalenesulfonic acid (CAS No. 119-79-9)). (23) 9902.30.35 (relating to 7-Amino-1,3- naphthalenedisulfonic acid, monopotassium salt (CAS No. 842-15- 9)). (24) 9902.30.36 (relating to 4-Amino-1-naphthalenesulfonic acid, sodium salt (CAS No. 130-13-2)). (25) 9902.30.37 (relating to 8-Amino-2-naphthalenesulfonic acid (CAS No. 119-28-8)). (26) 9902.30.38 (relating to mixtures of 5- and 8-amino-2- naphthalenesulfonic acid (CAS No. 119-28-8)). (27) 9902.30.39 (relating to 1-Naphthylamine (CAS No. 134- 32-7)). (28) 9902.30.40 (relating to 6-Amino-2-naphthalenesulfonic acid (CAS No. 93-00-5)). (29) 9902.30.43 (relating to 2,4-Diaminobenzenesulfonic acid (CAS No. 88-63-1)). (30) 9902.30.48 (relating to 2-Amino-4-chlorophenol (CAS No. 95-85-2)). (31) 9902.30.47 (relating to 1-Amino-2-methoxybenzene (o- Anisidine) (CAS No. 90-04-0)). (32) 9902.30.51 (relating to 7-Anilino-4-hydroxy-2- naphthalenesulfonic acid (CAS No. 119-40-4)). (33) 9902.30.52 (relating to 1,4-Diamino-2,3- dihydroanthraquinone (CAS No. 81-63-0)). (34) 9902.30.55 (relating to 1-Amino-2-bromo-4- hydroxyanthraquinone (CAS No. 116-82-5)). (35) 9902.30.67 (relating to 4-Aminoacetanilide (CAS No. 122-80-5)). (36) 9902.30.75 (relating to 2-[(4- Aminophenyl)sulfonyl]ethanol, hydrogen sulfate ester (CAS No. 2494-89-5)). (37) 9902.30.80 (relating to 2,5-Dichloro-4-(3-methyl-5- oxo-2-pyrazolin-1-yl)-benzenesulfonic acid (CAS No. 84-57-1)). (38) 9902.30.89 (relating to 1,3,3-Trimethyl-2- methyleneindoline (CAS No. 118-12-7)). (39) 9902.30.94 (relating to 7-Nitronaphth[1,2]-oxadiazole- 5-sulphonic acid (CAS No. 84-91-3)). SEC. 2. APPLICABILITY. (a) In General.--The amendments made by section 1 of this Act shall take effect on the 15th day after the date of the enactment of this Act. (b) Retroactive Provision.--Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law to the contrary, upon a request filed with the appropriate customs officer before the 90th day after the date of the enactment of this Act, any entry or withdrawal from warehouse for consumption of goods to which the amendment made by section 1 applies and that was made-- (1) after December 31, 1992; and (2) before the 15th day after the date of the enactment of this Act; and with respect to which there would have been a lower duty if the amendment made by section 1 had applied to such entry or withdrawal, shall be liquidated or reliquidated as though such entry or withdrawal had occurred on such 15th day.

Amends the Harmonized Tariff Schedule of the United States to extend, through December 31, 1994, the suspension of duty on certain chemicals.

SECTION. 1. SHORT TITLE. This Act may be cited as the ``Family and Community Endeavor Schools Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) children in areas with high incidences of poverty are more likely to be exposed to problems created by economic depreciation, poor housing, overwhelming family responsibilities, inadequate parental educational background or parental substance abuse and are at risk of failure; (2) students from poor families are 3 times more likely to drop out of school than students from more advantaged homes; (3) without social intervention, at-risk children are often unable to improve academic performance; (4) schools are accessible, central resources in every community where social and educational services can be coordinated and disseminated to at-risk children and their families; (5) schools are most effective at serving a community when the people of the community are involved in school management and help design activities to fulfill the needs of children in the community; and (6) many schools have successfully improved the academic performance and social development of at-risk children by instituting an organizational and management plan that incorporates parental involvement in school management and incorporates mental health and social intervention services in the daily academic curriculum. (b) Purpose.--It is the purpose of this Act to improve the overall development of at-risk children who reside in eligible communities as defined in section 12. SEC. 3. PROGRAM AUTHORITY. The Secretary may award grants on a competitive basis to eligible local entities to pay for the Federal share of assisting eligible communities to develop and carry out programs in accordance with this Act. No local entity shall receive a grant of less than $250,000 in a fiscal year. Amounts made available through such grants shall remain available until expended. SEC. 4. PROGRAM REQUIREMENTS. (a) Improvement Programs.--A local entity that receives funds under this Act shall develop or expand programs that are designed to improve academic and social development by instituting a collaborative structure that trains and coordinates the efforts of teachers, administrators, social workers, guidance counselors, parents, and school volunteers to provide concurrent social services for at-risk students at selected public schools in eligible communities. (b) Optional Activities.--A local entity that receives funds under this Act may develop a variety of programs to serve the comprehensive needs of students, including-- (1) homework assistance and after-school programs, including educational, social, and athletic activities; (2) nutrition services; (3) mentoring programs; (4) family counseling; and (5) parental training programs. SEC. 5. ELIGIBLE COMMUNITY IDENTIFICATION. The Secretary through regulation shall define the criteria necessary to qualify as an eligible community as defined in section 12(3). SEC. 6. GRANT ELIGIBILITY. To be eligible to receive a grant under this section, a local entity shall-- (1) identify an eligible community to be assisted; (2) develop a community planning process that includes-- (A) parents and family members; (B) local school officials; (C) teachers employed at schools within the eligible community; (D) public housing resident organization members, where applicable; and (E) public and private nonprofit organizations that provide education, child protective services or other human services to low-income, at-risk children and their families; and (3) develop a concentrated strategy for implementation of the community planning process developed under paragraph (2) that targets clusters of at-risk children in the eligible community. SEC. 7. APPLICATIONS. (a) Application Required.--To be eligible to receive a grant under this Act, a local entity shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require, and obtain approval of such application. (b) Contents of Application.--Each application submitted under subsection (a) shall-- (1) contain a comprehensive plan for the program that is designed to improve the academic and social development of at- risk children in schools in the eligible community; (2) provide evidence of support for accomplishing the objectives of such plan from-- (A) community leaders; (B) a school district; (C) local officials; and (D) other organizations that the local entity determines to be appropriate; (3) provide an assurance that the local entity will use grant funds received under this section to implement the program requirements listed in section 4; (4) include an estimate of the number of children in the eligible community expected to be served under the program; (5) provide an assurance that the local entity will comply with any evaluation requested under section 11, any research effort authorized under Federal law, and any investigation by the Secretary; (6) provide an assurance that the local entity shall prepare and submit to the Secretary an annual report regarding any program conducted under this Act; (7) provide an assurance that funds made available under this section shall be used to supplement, not supplant, other Federal funds that would otherwise be available for activities funded under this Act; and (8) provide an assurance that the local entity will maintain separate accounting records for the program. (c) Priority.--In awarding grants to carry out programs under this Act, the Secretary shall give priority to local entities which submit applications that demonstrate the greatest effort in generating local support for the programs. SEC. 8. PEER REVIEW PANEL. (a) Establishment.--The Secretary shall establish a peer review panel not to exceed 8 members that shall be comprised of individuals with demonstrated experience in designing and implementing programs to improve the academic and social development of at-risk children. (b) Functions.--Such panel shall make recommendations to the Secretary regarding-- (1) an illustrative model that effectively achieves the program requirements indicated in section 4 and a process whereby local entities can request such model; and (2) a design for the evaluation of programs assisted under this section. SEC. 9. INVESTIGATIONS AND INSPECTIONS. The Secretary may conduct such investigations and inspections as may be necessary to ensure compliance with the provisions of this Act. SEC. 10. FEDERAL SHARE. (a) Payments.--The Secretary shall, subject to the availability of appropriations, pay to each local entity having an application approved under section 7 the Federal share of the costs of developing and carrying out programs referred to in section 4. (b) Federal Share.--The Federal share of such costs shall be 70 percent. (c) Non-Federal Share.-- (1) In general.--The non-Federal share of such costs may be in cash or in kind, fairly evaluated, including personnel, plant, equipment, and services. (2) Special rule.--Not less than 15 percent of the non- Federal share of such costs shall be provided from private or nonprofit sources. SEC. 11. EVALUATION. The Secretary shall require a thorough evaluation of the programs assisted under this Act, which shall include an assessment of the academic and social achievement of children assisted with funds provided under this Act. SEC. 12. DEFINITIONS. For purposes of this Act-- (1) the term ``Secretary'' means the Secretary of the Department of Education; (2) the term ``local entity'' means-- (A) a local educational agency, or (B) a community-based organization as defined in section 1471(3) of the Elementary and Secondary Education Act of 1965; (3) the term ``eligible community'' means an area which meets criteria with respect to significant poverty and significant violent crime, and such additional criteria, as the Secretary may by regulation require; and (4) the term ``public school'' means a public elementary school as defined in section 1201(t) of the Higher Education Act of 1965 (20 U.S.C. 1141(t)), and a public secondary school, as defined in section 1201(d) of such Act. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated out of the Violent Crime Reduction Trust Fund established under section 1115 of title 31, United States Code, $100,000,000 for each of fiscal years 1995, 1996, 1997, 1998, and 1999 to carry out this Act.

Family and Community Endeavor Schools Act - Authorizes the Secretary of Education to make competitive grants to local entities for programs to improve the overall academic and social development of at-risk children in eligible communities. Requires the assisted local entities to institute a collaborative structure that trains and coordinates efforts of teachers, administrators, social workers, guidance counselors, parents, and school volunteers to provide concurrent social services for at-risk students at selected public schools in eligible communities. Allows such entities to develop various programs to serve the comprehensive needs of students, including: (1) homework assistance and afterschool educational, social, and athletic activities; (2) nutrition services; (3) mentoring; (4) family counseling; and (5) parental training. Directs the Secretary to establish a peer review panel to recommend an illustrative model and an evaluation design for such programs. Authorizes appropriations for this Act out of specified amounts from the Violent Crime Reduction Trust Fund.

SECTION 1. CONVERSION OF PROPERTY AND FACILITIES AT CLOSED OR REALIGNED MILITARY INSTALLATIONS INTO YOUTHFUL OFFENDER BOOT CAMPS. (a) Bases Closed or Realigned Under 1990 Base Closure Law.--Section 2905 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended by adding at the end the following new subsection: ``(e) Priority for Conversion to Youthful Offender Boot Camps.--(1) Notwithstanding subsection (b), before any action is taken with respect to the disposal or transfer of any real property or facility located at a military installation to be closed or realigned under this part, the Secretary of Defense shall notify the State and each local government in which the installation is located and other interested persons of the suitability of the property or facility for conversion and use as a youthful offender boot camp. ``(2) Subject to paragraph (3), the Secretary shall transfer (without reimbursement) the property or facilities described in the notification to the State, local government, or interested person if the State, local government, or person certifies that the property or facilities will be promptly converted to and used as a youthful offender boot camp. ``(3) Any certification submitted under paragraph (2) must be received by the Secretary not later than 180 days after the Secretary provides the notification required by paragraph (1) and must include a conversion and operating plan for the youthful offender boot camp. If the Secretary receives more than one certification, the Secretary shall select the recipient of the property or facility based upon the quality and feasibility of the competing conversion and operating plans. In the case of a certification submitted by a private person, the Secretary may reject the certification and refuse to transfer the property or facility concerned if-- ``(A) the Secretary determines on the basis of the conversion and operating plan that the person will likely be unable to successfully convert or operate the proposed youthful offender boot camp; or ``(B) the State or any local government in which the installation is located opposes the transfer. ``(4) As used in this subsection, the term `youthful offender boot camp' means a correctional facility operated as a military-style boot camp to provide discipline, treatment, and work for adjudicated non- violent offenders who are between the ages of 14 and 25, inclusive.''. (b) Bases Closed or Realigned Under 1988 Base Closure Law.--(1) Section 204 of the Defense Authorization Amendments and Base Closure and Realignment Act (title II of Public Law 100-526; 10 U.S.C. 2687 note) is amended by adding at the end the following new subsection: ``(d) Priority for Conversion to Youthful Offender Boot Camps.--(1) Notwithstanding subsection (b), before any action is taken with respect to the disposal or transfer of any real property or facility located at a military installation to be closed or realigned under this title, the Secretary of Defense shall notify the State and each local government in which the installation is located and other interested persons of the suitability of the property or facility for conversion and use as a youthful offender boot camp ``(2) Subject to paragraph (3), the Secretary shall transfer (without reimbursement) the property or facilities described in the notification to the State, local government, or interested person if the State, local government, or person certifies that the property or facilities will be promptly converted to and used as a youthful offender boot camp. ``(3) Any certification submitted under paragraph (2) must be received by the Secretary not later than 180 days after the Secretary provides the notification required by paragraph (1) and must include a conversion and operating plan for the youthful offender boot camp. If the Secretary receives more than one certification, the Secretary shall select the recipient of the property or facility based upon the quality and feasibility of the competing conversion and operating plans. In the case of a certification submitted by a private person, the Secretary may reject the certification and refuse to transfer the property or facility concerned if-- ``(A) the Secretary determines on the basis of the conversion and operating plan that the person will likely be unable to successfully convert or operate the proposed youthful offender boot camp; or ``(B) the State or any local government in which the installation is located opposes the transfer. ``(4) As used in this subsection, the term `youthful offender boot camp' means a correctional facility operated as a military-style boot camp to provide discipline, treatment, and work for adjudicated non- violent offenders who are between the ages of 14 and 25, inclusive.''. (c) Model Youthful Offender Boot Camp.-- (1) Development.--The Secretary of Defense, in consultation with the Federal Bureau of Prisons and State and local correctional agencies, shall develop a model program intended to incorporate military basic training and other military instruction and disciplinary procedures into the design and operation of youthful offender boot camps at the Federal, State, and local levels. (2) Definition.--For purposes of this subsection, the term ``youthful offender boot camp'' means a correctional facility operated as a military-style boot camp to provide discipline, treatment, and work for adjudicated non-violent offenders who are between the ages of 14 and 25, inclusive. SEC. 2. GRANTS FOR BOOT CAMPS. Subsection (a) of section 516 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3762b) is amended-- (1) by striking ``80'' and inserting ``40''; and (2) by striking ``10'' the second place it appears and inserting ``50''.

Amends the Defense Base Closure and Realignment Act of 1990 and the Defense Authorization Amendments and Base Closure and Realignment Act to require the Secretary of Defense, before any action is taken with respect to the disposal or transfer of real property at a military facility being closed or realigned, to notify the State and each local government in which the facility is located, as well as other interested persons, of the suitability of the property or facility for conversion and use as a youthful offender boot camp. Requires the State, local government, or interested party to whom such real property is so transferred to certify that the property or facilities will be promptly converted and used for such purpose. Directs the Secretary to develop a model program intended to incorporate military basic training, instruction, and disciplinary procedures into the design and operation of youthful offender boot camps at the Federal, State, and local levels. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to reallocate between public agencies and private nonprofit organizations the percentage of grant funds authorized under such Act for correctional options that provide alternatives to traditional modes of incarceration and offender release programs.

SECTION 1. MODIFICATIONS AND INCREASED VOLUME CAP WITH RESPECT TO QUALIFIED MORTGAGE BONDS. (a) Use of Qualified Mortgage Bonds Proceeds for Subprime Refinancing Loans.--Section 143(k) of the Internal Revenue Code of 1986 (relating to other definitions and special rules) is amended by adding at the end the following new paragraph: ``(12) Special rules for subprime refinancings.-- ``(A) In general.--In the case of a residence which was originally financed by the mortgagor through a qualified subprime loan, this section shall be applied with the following modifications: ``(i) Subsection (i)(1) (relating to mortgages must be new mortgages) shall not apply. ``(ii) Subsection (a)(2)(D)(i) shall be applied by substituting `12-month period' for `42-month period' each place it appears. ``(iii) Subsection (d) (relating to 3-year requirement) shall not apply. ``(iv) Subsection (e) (relating to purchase price requirement) shall be applied by using the market value of the residence at the time of refinancing in lieu of the acquisition cost. ``(B) Qualified subprime loan.-- ``(i) In general.--The term `qualified subprime loan' means an adjustable rate single- family residential mortgage loan originated after December 31, 2001, and before January 1, 2008, that the bond issuer determines has characteristics that suggest both a reasonably foreseeable risk of default and a reasonable potential to avoid default with the benefit of a lower cost refinancing. ``(ii) Considerations.--In making the determination under clause (i), the bond issuer may consider the following characteristics: ``(I) Loan payments which are scheduled to increase by more than 10 percent after December 31, 2007, and before January 1, 2011. ``(II) A loan-to-value ratio of 97 percent or greater at the time of the original mortgage loan or at the time of the refinancing of such loan after adjustment for any decline in the fair market value of the residence. ``(III) A borrower whose creditworthiness is relatively low in comparison to a prime borrower, based on a lower credit score, such as a Fair Isaac Credit Organization credit score at the time of the original subprime loan of less than 660 and the absence of an increase in such score by more than 10 percent since the time of the original loan. ``(IV) Whether loan payments on the original mortgage loan generally have been made in a current, timely manner, subject only to isolated late payments. ``(C) Termination.--This paragraph shall not apply to any bonds issued after December 31, 2010.''. (b) Increased Volume Cap for Qualified Mortgage Bonds.-- (1) In general.--Subsection (d) of section 146 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Increase and set aside for qualified mortgage bonds for 2008.-- ``(A) In general.--The State ceiling for calendar year 2008 shall be increased by $15,000,000,000. ``(B) Set aside.-- ``(i) In general.--Not less than an amount equal to each State's allocable share of the increase in the State ceiling under subparagraph (A) shall be allocated solely for the purpose of a qualified mortgage issue which meets the requirement clause (ii). ``(ii) Requirement.--A qualified mortgage issue meets the requirement of this clause if such issue meets the requirement of section 143(a)(2)(D)(i) (determined by substituting `12-month period' for `42-month period' each place it appears).''. (2) Carryforward of unused limitations.--Subsection (f) of section 146 of such Code is amended by adding at the end the following new paragraph: ``(6) Special rules for increased volume cap under subsection (d)(5).--No amount which is attributable to the increase under subsection (d)(5) may be used-- ``(A) for a carryforward purpose other than issuing qualified mortgage bonds, and ``(B) to issue any bond after calendar year 2010.''. (c) Alternative Minimum Tax.-- (1) In general.--Clause (ii) of section 57(a)(5)(C) of the Internal Revenue Code of 1986 is amended by striking ``shall not include'' and all that follows and inserting ``shall not include-- ``(I) any qualified 501(c)(3) bond (as defined in section 145), or ``(II) any qualified mortgage bond (as defined in section 143(a)) or qualified veterans' mortgage bond (as defined in section 143(b)) issued after December 31, 2007, and before January 1, 2011.''. (2) Conforming amendment.--The heading for section 57(a)(5)(C)(ii) is amended by striking ``qualified 501(c)(3) bonds'' and inserting ``certain bonds''. (d) Effective Date.--The amendments made by this section shall apply to bonds issued after December 31, 2007.

Amends the Internal Revenue Code to: (1) allow proceeds of qualified mortgage bonds to be used to refinance certain residential subprime loans issued between 2002 and 2008; (2) increase in 2008 limitations on issuance amounts for qualified mortgage bonds; and (3) exempt tax-exempt interest on qualified mortgage or veterans' mortgage bonds issued before 2011 from the alternative minimum tax.

SECTION 1. SHORT TITLE. This Act may be cited as the ```Partnership With America' Rapid Rebuilding of Haiti Act of 2010''. SEC. 2. FINDINGS. The Congress finds the following: (1) On January 12, 2010, Haiti experienced a 7.0 magnitude earthquake centered approximately 15 miles southwest of the nation's capital, Port-au-Prince. (2) Following the initial earthquake came 50 aftershocks, all higher than a magnitude of 4.0, within 24 hours. (3) The Government of Haiti reports an estimated 230,000 deaths and 300,000 injured. (4) Additionally, 1.2 million people have been displaced as a result of the earthquake. (5) Damage caused by the earthquake is estimated to be between $8 billion and $14 billion. (6) According to an Inter-American Development Bank report, the episode ``. . . is the most destructive event a country has ever experienced when measured in terms of the number of people killed as a share of the country's population''. (7) Given the ongoing economic recession in which more than 8 million people have lost their jobs in the United States, many qualified construction industry employees in the United States are currently unemployed or significantly underemployed and therefore could be available to provide immediate expertise and labor to facilitate the rapid rebuilding of Haiti. SEC. 3. PARTNERSHIP WITH AMERICA. (a) In General.--Not later than the end of the 30-day period beginning on the date of the enactment of this Act, the Secretary of the Treasury, working through the Infrastructure Finance Experts Corps of the Office of Technical Assistance, shall develop and begin carrying out, together with the Government of Haiti, a program to be called the ``Partnership With America'' program, under which United States construction and reconstruction experts and workers who currently are unemployed or significantly underemployed shall begin work in Haiti on an organized and coordinated plan to help Haitians rebuild the infrastructure of Haiti, including roads, airports, energy facilities, schools, hospitals, and other services fundamental to economic development, including permanent housing for persons who lost their housing because of the earthquake. (b) Program Guidelines.--In developing the Partnership With America program, the Secretary, working through the Infrastructure Finance Experts Corps of the Office of Technical Assistance, shall-- (1) provide the Congress with an estimate of the funding needs of such program, including proposed funding sources; (2) develop a plan for transporting the United States workers and appropriate construction equipment to Haiti; (3) develop a plan for the United States workers to mentor Haitian workers while effecting a rapid rebuilding of important Haitian infrastructure to help the country recover from the January 12, 2010, earthquake as quickly as possible while anticipating the needs of a Haitian economy that does not merely return to pre-earthquake levels but grows fast enough to provide jobs for Haitians and raise the overall standard of living in that country; (4) ensure that various infrastructure projects are coordinated as well as possible to minimize waste, fraud, and abuse; (5) seek to employ to the greatest extent possible United States experts and qualified workers who are unemployed or significantly underemployed, and be flexible enough to cycle workers to and from Haiti in such a way that allows them to return to the United States quickly to fill new jobs, while still completing their stated missions in rebuilding Haiti; (6) develop a public-private partnership for effecting the goals of the program, using available Government transportation and logistical resources while providing rapid rebuilding of Haiti using qualified and available American workers; (7) establish centers of excellence through which available construction industry experts from the United States provide specialized training to Haitians on construction industry best practices and leading methodologies and technologies to facilitate the transfer of deep expertise, including knowledge on earthquake-resistant infrastructure; (8) seek to ensure that the United States workers do not take the place of Haitian workers, but instead supplement, coordinate, and mentor Haitian construction workers, and train them so that an adequate and adequately trained Haitian construction force is left in place to accommodate the hoped- for future growth of the Haitian economy; (9) include adequate controls to ensure that United States contractors subcontract substantial amounts of work to local Haitian companies; and (10) ensure that clear performance metrics and incentives are provided to those entities participating in the program. (c) Termination.--The Partnership With America program shall terminate on the date that is the end of the 36-month period following the date of the enactment of this Act, so the program assists Haiti in rebuilding but does not supplant the jobs of Haitians over the longer term.

Partnership With America Rapid Rebuilding of Haiti Act of 2010 - Directs the Secretary of the Treasury, with the government of Haiti, to implement a three-year "Partnership With America" program under which unemployed or underemployed U.S. construction and reconstruction experts and workers shall begin work in Haiti to help Haitians rebuild Haiti's infrastructure, including roads, airports, energy facilities, schools, hospitals, housing, and other services fundamental to economic development.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowering Federal Employment for Veterans Act of 2017'' or the ``Empowering FED Vets Act''. SEC. 2. ESTABLISHMENT OF VETERANS EMPLOYMENT PROGRAMS IN FEDERAL AGENCIES. (a) Definitions.--In this section-- (1) the term ``covered agency'' means-- (A) the Department of State; (B) the Department of the Treasury; (C) the Department of Defense; (D) the Department of Justice; (E) the Department of the Interior; (F) the Department of Agriculture; (G) the Department of Commerce; (H) the Department of Labor; (I) the Department of Health and Human Services; (J) the Department of Housing and Urban Development; (K) the Department of Transportation; (L) the Department of Energy; (M) the Department of Education; (N) the Department of Veterans Affairs; (O) the Department of Homeland Security; (P) the Environmental Protection Agency; (Q) the National Aeronautics and Space Administration; (R) the Agency for International Development; (S) the General Services Administration; (T) the National Science Foundation; (U) the Nuclear Regulatory Commission; (V) the Office of Personnel Management; (W) the Small Business Administration; (X) the Social Security Administration; and (Y) any other Executive agency (as defined in section 105 of title 5, United States Code) that the President may designate; (2) the term ``transitioning member of the Armed Forces'' means a member of the Armed Forces who is expected to be discharged or released from active duty in the Armed Forces within 180 days; and (3) the term ``veterans employment official'' means-- (A) the head of a Veterans Employment Program Office established under subsection (b)(1)(A); and (B) an employee designated to carry out a Veterans Employment Program for a covered agency under subsection (b)(1)(B). (b) Veterans Employment Programs.--The head of a covered agency shall-- (1)(A) establish or maintain a Veterans Employment Program Office within the covered agency; or (B) designate an employee of the covered agency who shall have full-time responsibility for carrying out a Veterans Employment Program for the covered agency; and (2) ensure the public availability of contact information for veterans employment officials to ensure engagement with prospective applicants. (c) Responsibilities.--A veterans employment official of a covered agency shall-- (1) enhance employment opportunities for veterans within the agency, consistent with law and merit system principles, including by developing and implementing-- (A) the agency's plan for promoting employment opportunities for veterans; (B) veterans recruitment programs; and (C) training programs for veterans with disabilities; (2) coordinate and provide employment counseling and training programs to prospective applicants to help match the skills and career aspirations of veterans to the needs of the agency, targeting high-demand Federal occupations that are projected to have heavy recruitment needs; (3) participate in skills-based, cross-governmental, and individual agency career development programs to leverage those programs in matching veterans' career aspirations with high- growth occupations; and (4) provide mandatory annual training to human resources employees and hiring managers of the agency concerning veterans' employment, including training on veterans' preferences and special authorities for the hiring of veterans. (d) Coordination by Office of Personnel Management.-- (1) In general.--The Director of the Office of Personnel Management shall facilitate coordination among veterans employment officials, including appropriate sharing of resources and information to help match the skills and career aspirations of veterans to the needs of the agencies. (2) Responsibilities.--The Director of the Office of Personnel Management shall-- (A) establish a Veterans Program Office to provide Government-wide leadership in recruitment and employment of veterans in the executive branch of the Federal Government; (B) regularly convene veterans employment officials for working-level meetings to share information on best practices, prospective applicants, and strategies for matching veterans with appropriate employment; (C) develop mandatory annual training for human resources employees and hiring managers of covered agencies concerning veterans' employment, including training on veterans' preferences and special authorities for the hiring of veterans; (D) develop a skills-based, cross-governmental career development program for covered agencies to leverage in matching veterans' career aspirations with high-growth occupations; (E) promote the Federal Government as an employer of choice to transitioning members of the Armed Forces and veterans; (F) market the talent, experience, and dedication of transitioning members of the Armed Forces and veterans to Federal agencies; and (G) disseminate Federal employment information to veterans and hiring officials. (3) Accountability.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Personnel Management shall submit to Congress a report on-- (A) progress made toward the sharing of resources among veterans employment officials; (B) progress made toward the sharing of information among veterans employment officials, including steps to promote face-to-face interaction and the use of Federal information gateways; (C) the development and implementation of training programs for human resources employees and hiring managers of Federal agencies; (D) career development programs for veterans seeking employment; and (E) efforts to promote the Federal Government as an employer of choice to transitioning members of the Armed Forces and veterans. SEC. 3. INTERAGENCY COUNCIL ON VETERANS EMPLOYMENT. (a) Establishment.-- (1) In general.--There is established an interagency council on matters relating to the employment of veterans. (2) Designation.--The council established under paragraph (1) shall be known as the ``Interagency Council on Veterans Employment'' (in this section the ``Council''). (b) Membership.-- (1) Composition.--The Council shall consist of the heads of-- (A) each covered agency (as defined in section 2(a)); and (B) any other Executive agency (as defined in section 105 of title 5, United States Code) that the President may designate. (2) Co-chairs.--The Secretary of Labor and the Secretary of Veterans Affairs shall serve as Co-Chairs of the Council. (3) Vice-chair.--The Director of the Office of Personnel Management shall serve as the Vice Chair of the Council. (c) Duties.--The duties of the Council shall include each of the following: (1) To advise and assist the President and the Director of the Office of Personnel Management on matters relating to maintaining a coordinated Government-wide effort to increase the number of veterans employed by the Federal Government in positions that match the skills and career aspirations of veterans, by enhancing recruiting, hiring, retention, training and skills development, and job satisfaction. (2) To serve as a national forum for promoting employment opportunities for veterans in the executive branch of the Federal Government. (3) To establish performance measures to assess the effectiveness of efforts to promote recruiting, hiring, retention, training and skills development, and job satisfaction of veterans by the Federal Government. (4) Not later than 1 year after the date of enactment of this Act and not less frequently than once each year thereafter, to submit to the President and Congress a report on the effectiveness of those efforts. (d) Administration.-- (1) Duties of co-chairs.--The Co-Chairs shall convene regular meetings of the Council, determine its agenda, and direct its work. (2) Steering committee.--At the direction of the Co-Chairs, the Council may establish-- (A) a Steering Committee to provide leadership, accountability, and strategic direction to the Council; and (B) subgroups to promote coordination among veterans employment officials (as defined in section 2(a)). (3) Executive director.--The Vice Chair shall designate an Executive Director for the Council to support the Vice Chair in managing the Council's activities. (4) OPM.--The Office of Personnel Management shall provide administrative support for the Council to the extent permitted by law and within existing appropriations (as of the date of the provision). SEC. 4. EXPANSION OF SKILLBRIDGE INITIATIVE TO INCLUDE PARTICIPATION BY FEDERAL AGENCIES. (a) Modification of Initiative by Secretary of Defense.--The Secretary of Defense, in consultation with the Director of the Office of Personnel Management, shall make such modifications to the SkillBridge initiative of the Department of Defense as the Secretary considers appropriate to enable Federal agencies to participate in the initiative as employers and trainers, including the provision of training by Federal agencies under the initiative to transitioning members of the Armed Forces. (b) Participation by Federal Agencies.--The Director, in consultation with the Secretary, shall take such actions as may be necessary to ensure that each Federal agency participates in the SkillBridge initiative of the Department of Defense as described in subsection (a). (c) Transitioning Members of the Armed Forces Defined.--In this section, the term ``transitioning member of the Armed Forces'' means a member of the Armed Forces who is expected to be discharged or released from active duty in the Armed Forces not more than 180 days after the member commences training under the SkillBridge initiative.

Empowering Federal Employment for Veterans Act of 2017 or the Empowering FED Vets Act This bill requires executive agencies to establish or maintain a Veterans Employment Program Office and designate a veterans employment official to: (1) enhance employment opportunities for veterans within the agency, (2) provide employment counseling and training programs to applicants to help match the skills and career aspirations of veterans to agency needs, (3) participate in agency career development programs to leverage those programs in matching veterans' career aspirations with high-growth occupations, and (4) provide mandatory annual training to human resources employees and hiring managers concerning veterans' employment. The Office of Personnel Management (OPM) shall: facilitate coordination among such officials; establish a Veterans Program Office to provide government-wide leadership in recruitment and employment of veterans in the executive branch; regularly convene such officials for working-level meetings to share information on best practices, prospective applicants, and strategies for matching veterans with appropriate employment; develop mandatory annual training on veterans' employment for agency human resources employees and hiring managers; develop a skills-based, cross-governmental career development program for agencies; promote the government as an employer of choice to transitioning members of the Armed Forces and veterans; market the talent, experience, and dedication of such members and veterans to agencies; and disseminate federal employment information to veterans and hiring officials. The bill establishes the Interagency Council on Veterans Employment, which shall: advise and assist the President and the OPM on matters relating to maintaining a coordinated government-wide effort to increase the number of veterans employed by the government in positions that match their skills and career aspirations by enhancing recruiting, hiring, retention, training and skills development, and job satisfaction; serve as a national forum for promoting employment opportunities for veterans in the executive branch; and establish performance measures to assess effectiveness. The Department of Defense (DOD) shall make appropriate modifications to its SkillBridge initiative to enable federal agencies to participate as employers and trainers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rightsizing Pension Premiums Act of 2017''. SEC. 2. RIGHTSIZING PENSION PREMIUMS. (a) In General.--Section 4006(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1306(a)) is amended by adding at the end the following: ``(9) Premium adjustments for small employers and based on pbgc funded percentage.-- ``(A) In general.--Notwithstanding paragraph (3)(A)(i) and subject to subparagraphs (B) and (C), the annual premium rate payable to the corporation by a single-employer plan for basic benefits guaranteed under this title is-- ``(i) in the case of a single-employer plan for any plan year beginning in a fiscal year with respect to which the average of the single-employer pension insurance program funded percentages for the 2 fiscal years immediately preceding such fiscal year is 110 percent or greater, an amount for each individual who is a participant in such plan during the plan year equal to the sum of $19 and an additional premium equal to the quotient (not to exceed $500) obtained by dividing-- ``(I) an amount equal to $9 for each $1,000 (or fraction thereof) of unfunded vested benefits under the plan as of the close of the preceding plan year, by ``(II) the number of participants in such plan as of the close of the preceding plan year; ``(ii) in the case of a single-employer plan for any plan year beginning in a fiscal year with respect to which the average of the single-employer pension insurance program funded percentages for the 2 fiscal years immediately preceding such fiscal year is at least 100 percent but less than 110 percent, an amount for each individual who is a participant in such plan during the plan year equal to the sum of $30 and an additional premium equal to the quotient (not to exceed $500) obtained by dividing-- ``(I) an amount equal to $9 for each $1,000 (or fraction thereof) of unfunded vested benefits under the plan as of the close of the preceding plan year, by ``(II) the number of participants in such plan as of the close of the preceding plan year; ``(iii) in the case of a single-employer plan for any plan year beginning in a fiscal year with respect to which the average of the single-employer pension insurance program funded percentages for the 2 fiscal years immediately preceding such fiscal year is at least 90 percent but less than 100 percent, an amount for each individual who is a participant in such plan during the plan year equal to the sum of $64 and an additional premium equal to the quotient (not to exceed $500) obtained by dividing-- ``(I) an amount equal to $28 for each $1,000 (or fraction thereof) of unfunded vested benefits under the plan as of the close of the preceding plan year, by ``(II) the number of participants in such plan as of the close of the preceding plan year; ``(iv) notwithstanding clauses (i) through (iii), in the case of a CSEC plan (as defined in section 210(f)) or single-employer plan maintained by a small employer for any plan year, an amount for each individual who is a participant in such plan during the plan year equal to the sum of $19 and an additional premium equal to the quotient (not to exceed $500) obtained by dividing-- ``(I) an amount equal to $9 for each $1,000 (or fraction thereof) of unfunded vested benefits under the plan as of the close of the preceding plan year, by ``(II) the number of participants in such plan as of the close of the preceding plan year; and ``(v) in any other case, the amount determined under paragraph (3)(A)(i). ``(B) Small employer premium phase-out.-- ``(i) In general.--In the case of a single- employer plan maintained by an employer who has more than 500 employees but not more than 600 employees on the first day of the plan year, the annual premium rate payable to the corporation by such plan for basic benefits guaranteed under this title is an amount for each individual who is a participant in such plan during the plan year equal to the sum of-- ``(I) the annual premium rate that would be so payable by such plan if such plan were maintained by a small employer for such plan year, plus-- ``(II) the applicable percentage of the excess of-- ``(aa) the annual premium rate so payable by such plan without regard to this subparagraph, over ``(bb) the annual premium rate that would be so payable by such plan as described under subclause (I). ``(ii) Applicable percentage.--For purposes of this subparagraph, the `applicable percentage' is the ratio (expressed as a percentage) of-- ``(I) the number of employees of the employer to the extent such number exceeds 500, over ``(II) 100. ``(C) Special rule for multiple employer plans.--In the case of a multiple employer plan (other than a CSEC plan (as defined in section 210(f))), the annual premium rate payable to the corporation by such plan for basic benefits guaranteed under this title is the sum of the annual premiums that, if each employer maintaining such plan were treated as maintaining a separate plan in which-- ``(i) the number of participants equals the number of participants in the multiple employer plan who are employed (or formerly employed) by such employer, and ``(ii) the amount of unfunded vested benefits equals the portion of the unfunded vested benefits under the multiple employer plan attributable to such employer, would be imposed on each separate plan in accordance with this section. In determining the annual premiums that would be imposed on each of the separate plans described under this subparagraph, the determination of whether an employer is a small employer shall be made separately with respect to each employer maintaining the multiple employer plan. ``(D) Special rule for small employers with 25 or fewer employees.--In the case of a single-employer plan maintained by a small employer who has 25 or fewer employees on the first day of the plan year (as determined under paragraph (3)(I)(ii)), the additional premium otherwise determined under subparagraph (A)(iv) shall not exceed $5 multiplied by the number of participants in the plan as of the close of the preceding plan year. ``(E) Wage indexing of certain amounts.--For each plan year beginning in a calendar year after 2018, there shall be substituted for each of the first and second dollar amounts in clause (ii) of subparagraph (A) and the first, second, and third dollar amounts in clause (iii) of such subparagraph an amount equal to the greater of-- ``(i) the product derived by multiplying each such amount by the ratio of-- ``(I) the national average wage index (as defined in section 209(k)(1) of the Social Security Act) for the first of the 2 calendar years preceding the calendar year in which such plan year begins, to ``(II) the national average wage index (as so defined) for 2016; and ``(ii) each such amount as in effect for plan years beginning in the preceding calendar year. If any amount determined under this subparagraph is not a multiple of $1, such product shall be rounded to the nearest multiple of $1. ``(F) Definitions.--For purposes of this paragraph: ``(i) Small employer.--The term `small employer' means an employer who has 500 or fewer employees on the first day of the plan year. ``(ii) Multiple employer plan.--The term `multiple employer plan' means a single- employer plan maintained by more than one employer (as determined under section 210(a)). ``(iii) Single-employer pension insurance program funded percentage.--The term `single- employer pension insurance program funded percentage' for a fiscal year means the ratio (expressed as a percentage) of-- ``(I) the value of all assets held by the corporation in any trust or revolving fund on the last day of such fiscal year available for the payment of basic benefits guaranteed under section 4022, to ``(II) the present value (as determined in accordance with section 303(h) without regard to paragraph (2)(C)(iv)) of the liabilities of the corporation attributable to such guaranteed benefits on the last day of such fiscal year. ``(iv) Unfunded vested benefits.--The term `unfunded vested benefits' has the meaning given such term in paragraph (3)(E)(iii), except that with respect to a CSEC plan (as defined in section 210(f)), such term means the excess of-- ``(I) the plan's funding liability (as defined in section 306(j)(5)(C)), determined by only taking into account vested benefits, over ``(II) the fair market value of plan assets for the plan year which are held by the plan on the valuation date.''. (b) Individuals Participating in More Than One Plan.--Section 4006(a)(3)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1306(a)(3)(B)) is amended by inserting ``or paragraph (9)'' after ``subparagraph (A)(i)''. (c) Conforming Amendment.--Section 4006(a)(3)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1306) is amended in the matter preceding clause (i) by inserting ``and paragraph (9)'' after ``subparagraph (C)''. (d) Effective Date.--The amendments made by this shall apply with respect to plan years beginning after December 31, 2017. SEC. 3. CORRECTION OF THE BUDGET EFFECTS OF PREMIUM CHANGES. (a) In General.--In the Senate and the House of Representatives, for purposes of determining points of order under the Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.) or any concurrent resolution on the budget, any provision that increases or decreases, or extends the increase or decrease of, any premiums payable to the Pension Benefit Guaranty Corporation shall not be counted in estimating the level of budget authority, outlays, or revenues-- (1) in the Senate, for any bill, joint resolution, amendment, amendment between the Houses, conference report, or motion; or (2) in the House of Representatives, for any bill or joint resolution, or amendment thereto or conference report thereon. (b) Rules of Senate and House of Representatives.--Congress adopts the provisions of this section-- (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and supersede other rules only to the extent that they are inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

Rightsizing Pension Premiums Act of 2017 This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to: (1) modify the formula that the Pension Benefit Guaranty Corporation (PBGC) uses to calculate the funded percentage of single-employer pension plans, and (2) reduce single-employer PBGC premiums for pension plans that are sponsored by certain small employers or have specified PBGC funded percentages. The bill also prohibits the budget effects of provisions that change PBGC premiums from being counted for the purposes of determining budget points of order for legislation in the House or the Senate. (The PBGC is a federal agency that insures the benefits of private sector, defined benefit pension plans. The PBGC is financed by insurance premiums paid by sponsors of the plans, investment income, assets from pension plans taken over by the PBGC, and recoveries from the companies formerly responsible for the plans.)

SECTION 1. SHORT TITLE. This Act may be cited as the ``Haitian Private Sector Encouragement Act of 2010''. SEC. 2. PURPOSES. The purposes of this Act are to promote-- (1) development of the Haitian private sector, including small business, the agriculture sector, and joint ventures with the United States and host country participants, and (2) policies and practices conducive to private sector development in Haiti, through loans, grants, equity investments, feasibility studies, technical assistance, training, insurance, guarantees, and other measures. SEC. 3. DESIGNATION OF HAITIAN-AMERICAN ENTERPRISE FUND. (a) Designation.--The President is authorized to designate one private, nonprofit organization established under State law as eligible to receive funds and support under this Act upon a determination by the President that the organization has been established for the purposes described in section 2. For purposes of this Act, the organization so designated shall be referred to as the ``Haitian-American Enterprise Fund''. (b) Consultation With Congress.--Before designating an organization under subsection (a), the President shall consult with-- (1) the majority leader and minority leader of the Senate; and (2) the Speaker and minority leader of the House of Representatives. (c) Additional Requirements.--Except to the extent inconsistent with the provisions of this Act, paragraphs (3) through (5) of section 201(d) of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5421(d)) shall apply to the Haitian-American Enterprise Fund to the same extent and in the same manner as such paragraphs apply to the Polish-American Enterprise Fund, the Hungarian-American Enterprise Fund, the Southern Africa Enterprise Development Fund, and other similarly situated enterprise funds established by the United States Government. SEC. 4. GRANT TO HAITIAN-AMERICAN ENTERPRISE FUND. (a) In General.--The President, acting through the Administrator of the United States Agency for International Development, shall, from amounts appropriated pursuant to the authorization of appropriations under section 7, provide a grant to the Haitian-American Enterprise Fund, which shall be used to-- (1) carry out the purposes described in section 2, including to promote the policies and practices described in subsection (b); and (2) pay the administrative expenses of the Enterprise Fund. (b) Policies and Practices.--The policies and practices referred to in subsection (a)(1) are policies and practices conducive to the development of private property rights for the citizens of Haiti, particularly Haitian citizens of limited economic means, through integration of extralegal property arrangements employed by some Haitian citizens into comprehensive modern property recordation systems that fix the economic potential of assets, integrate disperse ownership information into one system, hold citizens accountable, make assets fungible, connect citizens to one another, and protect the integrity of commercial transactions. (c) Oversight.--The Administrator of the United States Agency for International Development shall monitor the activities of the Haitian- American Enterprise Fund. SEC. 5. TREATMENT EQUIVALENT TO OTHER ENTERPRISE FUNDS; CONSULTATION WITH OTHER ENTERPRISE FUNDS. (a) In General.--Except to the extent inconsistent with the provisions of this Act, subsections (f) through (p) of section 201 of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5421) shall apply to the Haitian-American Enterprise Fund to the same extent and in the same manner as such subsections apply to the Polish- American Enterprise Fund, the Hungarian-American Enterprise Fund, the Southern Africa Enterprise Development Fund, and other similarly situated enterprise funds established by the United States Government. (b) Consultation With Other Enterprise Funds.--The Haitian-American Enterprise Fund may consult extensively with other similarly situated enterprise funds established by the United States Government in order to seek out best practices relating to the start-up phase and other ongoing business matters of the Enterprise Fund. SEC. 6. HAITIAN-AMERICAN ECONOMIC OVERSIGHT PANEL. (a) Establishment.--The President is authorized to establish the Haitian-American Economic Oversight Panel (in this section referred to as the ``Oversight Panel''). (b) Duties.--The Oversight Panel shall monitor the activities of the Haitian-American Enterprise Fund and all other economic development initiatives of the United States for Haiti. (c) Membership.--The Oversight Panel shall consist of individuals appointed by the President after consultation with Congress, from among United States citizens who are not officers or employees of any government and who have demonstrated concern and commitment to the economic development of Haiti. (d) Report.--The Oversight Panel shall submit to Congress and the President an annual report on implementation of the Oversight Panel's duties for the preceding year, including a detailed description of incidents of waste, fraud, and abuse relating to economic development initiatives of the United States for Haiti. (e) Rule of Construction.--Nothing in this section shall be construed to affect the authorities of the Haitian-American Enterprise Fund. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the President to carry out this Act $240,000,000 for fiscal year 2011. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended. (c) Nonapplicability of Other Laws.--Notwithstanding any other provision of law, amounts appropriated pursuant to the authorization of appropriations under subsection (a) may be expended by the Haitian- American Enterprise Fund for the purposes of this Act.

Haitian Private Sector Encouragement Act of 2010 - Authorizes the President to designate one private, nonprofit organization established under state law as the Haitian-American Enterprise Fund, which shall be eligible to receive funds and support under this Act. Authorizes the President, through the United States Agency for International Development (USAID), to provide a grant to the Fund to promote policies and practices conducive to the development of private property rights for Haitian citizens, particularly citizens of limited economic means, through integration of extralegal property arrangements into property recordation systems that fix the economic potential of assets, integrate ownership information into one system, hold citizens accountable, make assets fungible, and protect commercial transaction integrity. Directs USAID to monitor Fund activities. Applies the enterprise fund provisions of the Support for East European Democracy (SEED) Act of 1989 to the Fund in the same manner as such provisions apply to other similar U.S.-established enterprise funds. Authorizes the President to establish the Haitian-American Economic Oversight Panel to monitor Fund activities and all other U.S. economic development initiatives for Haiti. Authorizes FY2011 appropriations.

.--For purposes of section 822(a)(2), the term `joint resolution' means only a joint resolution of the two Houses of Congress--- ``(1) the matter after the resolving clause of which is as follows: `That the Congress hereby concurs in the determination and report of the President relating to compliance by North Korea with certain international obligations transmitted pursuant to section 822(a)(1) of the North Korea Threat Reduction Act of 1999.'; ``(2) which does not have a preamble; and ``(3) the title of which is as follows: `Joint Resolution relating to compliance by North Korea with certain international obligations pursuant to the North Korea Threat Reduction Act of 1999.'. ``(b) Congressional Review Procedures.-- ``(1) Rulemaking.--The provisions of this section are enacted by the Congress-- ``(A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and, as such, shall be considered as part of the rules of either House and shall supersede other rules only to the extent they are inconsistent therewith; and ``(B) with full recognition of the constitutional right of either House to change the rules so far as they relate to the procedures of that House at any time, in the same manner, and to the same extent as in the case of any other rule of that House. ``(2) Introduction and referral.-- ``(A) Introduction.--A joint resolution described in subsection (a)-- ``(i) shall be introduced in the House of Representatives by the majority leader or minority leader or by a Member of the House of Representatives designated by the majority leader or minority leader; and ``(ii) shall be introduced in the Senate by the majority leader or minority leader or a Member of the Senate designated by the majority leader or minority leader. ``(B) Referral.--The joint resolution shall be referred to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. ``(3) Discharge of Committees.--If a committee to which a joint resolution described in subsection (a) is referred has not reported such joint resolution by the end of 30 days beginning on the date of its introduction, such committee shall be discharged from further consideration of such joint resolution, and such joint resolution shall be placed on the appropriate calendar of the House involved. ``(4) Floor Consideration in the House of Representatives.-- ``(A) In general.--On or after the third calendar day (excluding Saturdays, Sundays, or legal holidays, except when the House of Representatives is in session on such a day) after the date on which the committee to which a joint resolution described in subsection (a) is referred has reported, or has been discharged from further consideration of, such a joint resolution, it shall be in order for any Member of the House to move to proceed to the consideration of the joint resolution. A Member of the House may make the motion only on the day after the calendar day on which the Member announces to the House the Member's intention to do so. Such motion is privileged and is not debatable. The motion is not subject to amendment or to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the House shall immediately proceed to consideration of the joint resolution which shall remain the unfinished business until disposed of. ``(B) Debate.--Debate on a joint resolution described in subsection (a), and on all debatable motions and appeals in connection therewith, shall be limited to not more than two hours, which shall be divided equally between those favoring and those opposing the joint resolution. An amendment to the joint resolution is not in order. A motion further to limit debate is in order and is not debatable. A motion to table, a motion to postpone, or a motion to recommit the joint resolution is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order. ``(C) Appeals.--Appeals from the decisions of the Chair to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate. ``(5) Floor consideration in the senate.--Any joint resolution described in subsection (a) shall be considered in the Senate in accordance with the provisions of section 601(b)(4) of the International Security Assistance and Arms Export Control Act of 1976. ``(6) Consideration by the other house.--If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply: ``(A) The joint resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). ``(B) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution-- ``(i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but ``(ii) the vote on final passage shall be on the joint resolution of the other House. ``(C) Upon disposition of the joint resolution received from the other House, it shall no longer be in order to consider the joint resolution that originated in the receiving House. ``(7) Computation of days.--In the computation of the period of 30 days referred to in paragraph (3), there shall be excluded the days on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain or because of an adjournment of the Congress sine die.''. SEC. 3. EXPANSION OF RESTRICTIONS ON NUCLEAR COOPERATION WITH NORTH KOREA. Section 822(a) of the North Korea Threat Reduction Act of 1999 is amended by striking ``such agreement,'' both places it appears and inserting in both places ``such agreement (or that are controlled under the Export Trigger List of the Nuclear Suppliers Group),''. Passed the House of Representatives May 15, 2000. Attest: JEFF TRANDAHL, Clerk.

Prohibits any such agreement, export license, or transfer of any such items unless Congress approves the President's report by enactment of a joint resolution.Subjects to the same prohibition and approval requirements any export license for, or transfer or retransfer to North Korea of, any nuclear material, facilities, goods, services, or technology controlled under the Export Trigger List of the Nuclear Suppliers Group.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rio Grande del Norte National Conservation Area Establishment Act''. SEC. 2. DEFINITIONS. In this Act: (1) Conservation area.--The term ``Conservation Area'' means the Rio Grande del Norte National Conservation Area established by section 3(a)(1). (2) Land grant community.--The term ``land grant community'' means a member of the Board of Trustees of confirmed and nonconfirmed community land grants within the Conservation Area. (3) Management plan.--The term ``management plan'' means the management plan for the Conservation Area developed under section 3(d). (4) Map.--The term ``map'' means the map entitled ``Rio Grande del Norte National Conservation Area'' and dated November 4, 2009. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of New Mexico. SEC. 3. ESTABLISHMENT OF NATIONAL CONSERVATION AREA. (a) Establishment.-- (1) In general.--There is established the Rio Grande del Norte National Conservation Area in the State. (2) Area included.--The Conservation Area shall consist of approximately 235,980 acres of public land in Taos and Rio Arriba counties in the State, as generally depicted on the map. (b) Purposes.--The purposes of the Conservation Area are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the cultural, archaeological, natural, ecological, geological, historical, wildlife, educational, recreational, and scenic resources of the Conservation Area. (c) Management.-- (1) In general.--The Secretary shall manage the Conservation Area-- (A) in a manner that conserves, protects, and enhances the resources of the Conservation Area; and (B) in accordance with-- (i) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (ii) this Act; and (iii) any other applicable laws. (2) Uses.-- (A) In general.--The Secretary shall allow only such uses of the Conservation Area that the Secretary determines would further the purposes described in subsection (b). (B) Use of motorized vehicles.-- (i) In general.--Except as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the Conservation Area shall be permitted only on roads designated for use by motorized vehicles in the management plan. (ii) New roads.--No additional road shall be built within the Conservation Area after the date of enactment of this Act unless the road is needed for public safety or natural resource protection. (C) Grazing.--The Secretary shall permit grazing within the Conservation Area, where established before the date of enactment of this Act-- (i) subject to all applicable laws (including regulations) and Executive orders; and (ii) consistent with the purposes described in subsection (b). (D) Collection of pinon nuts and firewood.--Nothing in this section precludes the traditional collection of firewood and pinon nuts for noncommercial personal use within the Conservation Area-- (i) in accordance with any applicable laws; and (ii) subject to such terms and conditions as the Secretary determines to be appropriate. (E) Utility right-of-way upgrades.--Nothing in this section precludes the Secretary from renewing or authorizing the upgrading (including widening) of an existing utility right-of-way through the Conservation Area in a manner that minimizes harm to the purposes of the Conservation Area described in subsection (b)-- (i) in accordance with-- (I) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (II) any other applicable law; and (ii) subject to such terms and conditions as the Secretary determines to be appropriate. (F) Tribal cultural uses.-- (i) Access.--The Secretary shall, in consultation with Indian tribes or pueblos-- (I) ensure the protection of religious and cultural sites in the Conservation Area; and (II) provide access to the sites by members of Indian tribes or pueblos for traditional cultural and customary uses, consistent with Public Law 95-341 (commonly known as the ``American Indian Religious Freedom Act'') (42 U.S.C. 1996). (ii) Temporary closures.--In accordance with Public Law 95-341 (commonly known as the ``American Indian Religious Freedom Act'') (42 U.S.C. 1996), the Secretary, on request of an Indian tribe or pueblo, may temporarily close to general public use 1 or more specific areas of the Conservation Area in order to protect traditional cultural and customary uses in those areas by members of the Indian tribe or the pueblo. (d) Management Plan.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a management plan for the Conservation Area. (2) Other plans.--To the extent consistent with this Act, the plan may incorporate in the management plan the Rio Grande Corridor Management Plan in effect on the date of enactment of this Act. (3) Consultation.--The management plan shall be developed in consultation with-- (A) State and local governments; (B) tribal governmental entities; (C) land grant communities; and (D) the public. (4) Considerations.--In preparing and implementing the management plan, the Secretary shall consider the recommendations of Indian tribes and pueblos on methods for-- (A) ensuring access to religious and cultural sites; (B) enhancing the privacy and continuity of traditional cultural and religious activities in the Conservation Area; and (C) protecting traditional cultural and religious sites in the Conservation Area. (e) Incorporation of Acquired Land and Interests in Land.--Any land that is within the boundary of the Conservation Area that is acquired by the United States shall-- (1) become part of the Conservation Area; and (2) be managed in accordance with-- (A) this Act; and (B) any other applicable laws. (f) Special Management Areas.-- (1) In general.--The establishment of the Conservation Area shall not change the management status of any area within the boundary of the Conservation Area that is-- (A) designated as a component of the National Wild and Scenic Rivers System under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.); or (B) managed as an area of critical environmental concern. (2) Conflict of laws.--If there is a conflict between the laws applicable to the areas described in paragraph (1) and this Act, the more restrictive provision shall control. SEC. 4. DESIGNATION OF WILDERNESS AREAS. (a) In General.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the Conservation Area are designated as wilderness and as components of the National Wilderness Preservation System: (1) Cerro del yuta wilderness.--Certain land administered by the Bureau of Land Management in Taos County, New Mexico, comprising approximately 13,420 acres as generally depicted on the map, which shall be known as the ``Cerro del Yuta Wilderness''. (2) Rio san antonio wilderness.--Certain land administered by the Bureau of Land Management in Rio Arriba County, New Mexico, comprising approximately 8,000 acres, as generally depicted on the map, which shall be known as the ``Rio San Antonio Wilderness''. (b) Management of Wilderness Areas.--Subject to valid existing rights, the wilderness areas designated by subsection (a) shall be administered in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that with respect to the wilderness areas designated by this Act-- (1) any reference to the effective date of the Wilderness Act shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. (c) Incorporation of Acquired Land and Interests in Land.--Any land or interest in land within the boundary of the wilderness areas designated by subsection (a) that is acquired by the United States shall-- (1) become part of the wilderness area in which the land is located; and (2) be managed in accordance with-- (A) the Wilderness Act (16 U.S.C. 1131 et seq.); (B) this Act; and (C) any other applicable laws. (d) Grazing.--Grazing of livestock in the wilderness areas designated by subsection (a), where established before the date of enactment of this Act, shall be administered in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the guidelines set forth in appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101-405). (e) Buffer Zones.-- (1) In general.--Nothing in this section creates a protective perimeter or buffer zone around any wilderness area designated by subsection (a). (2) Activities outside wilderness areas.--The fact that an activity or use on land outside any wilderness area designated by subsection (a) can be seen or heard within the wilderness area shall not preclude the activity or use outside the boundary of the wilderness area. (f) Release of Wilderness Study Areas.--Congress finds that, for purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the public land within the San Antonio Wilderness Study Area not designated as wilderness by this section-- (1) has been adequately studied for wilderness designation; (2) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and (3) shall be managed in accordance with this Act. SEC. 5. GENERAL PROVISIONS. (a) Maps and Legal Descriptions.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file the map and legal descriptions of the Conservation Area and the wilderness areas designated by section 4(a) with-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) Force of law.--The map and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct errors in the legal description and map. (3) Public availability.--The map and legal descriptions filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (b) National Landscape Conservation System.--The Conservation Area and the wilderness areas designated by section 4(a) shall be administered as components of the National Landscape Conservation System. (c) Fish and Wildlife.--Nothing in this Act affects the jurisdiction of the State with respect to fish and wildlife located on public land in the State, except that the Secretary, after consultation with the New Mexico Department of Game and Fish, may designate zones where, and establishing periods when, hunting shall not be allowed for reasons of public safety, administration, or public use and enjoyment. (d) Withdrawals.--Subject to valid existing rights, any Federal land within the Conservation Area and the wilderness areas designated by section 4(a), including any land or interest in land that is acquired by the United States after the date of enactment of this Act, is withdrawn from-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (e) Treaty Rights.--Nothing in this Act enlarges, diminishes, or otherwise modifies any treaty rights. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Rio Grande Del Norte National Conservation Area Establishment Act - Establishes Rio Grande Del Norte National Conservation Area in New Mexico, consisting of approximately 235,980 acres of public land in Taos and Rio Arriba Counties for the purposes of conserving, protecting, and enhancing the cultural, archaeological, natural, ecological, geological, historical, wildlife, educational, recreational, and scenic resources of such Conservation Area. Sets forth requirements for the management of the Conservation Area regarding motorized vehicles and new roads, grazing, collection of pine nuts and firewood for noncommercial use, and utility right-of-way upgrades. Requires the Secretary to ensure the protection of religious and cultural sites and to provide occasional access to them by tribal members for traditional cultural and customary uses. Requires the Secretary to develop a management plan for the Conservation Area. Makes any acquired land within the boundary of the Conservation Area part of such Area. Bars the changing of the management status of any area within the boundary of the Conservation Area that is: (1) designated as a component of the National Wild and Scenic Rivers System, or (2) managed as an area of critical environmental concern. Designates the Cerro Del Yuta Wilderness and Rio San Antonio Wilderness as wilderness and as components of the National Wilderness Preservation System. Makes any acquired land or interests within the boundary of the wilderness areas part of the area in which the land is located. Sets forth requirements for the management of the wilderness areas regarding livestock grazing, protective perimeters and buffer zones, and activities and uses conducted outside the wilderness areas. Releases the public land within the San Antonio Wilderness Study Area not designated as wilderness from further study for designation as wilderness. Requires the Conservation Area and the wilderness areas designated by this Act to be administered as components of the National Landscape Conservation System. Specifies this Act's effect on fish and wildlife located on public land in New Mexico. Withdraws federal land within the Conservation Area and the Wilderness designated by this Act, including any acquired land and interests, from: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. Prohibits anything in this Act from enlarging, diminishing, or otherwise modifying any treaty rights. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Torture Outsourcing Prevention Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Universal Declaration of Human Rights states that ``No one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.''. (2) The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (in this Act referred to as the ``Convention against Torture'' ) defines torture as ``any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession. . . .'', and which may be ``inflicted by or at the instigation of or acquiescence of a public official or other person acting in an official capacity.''. (3) Article 4 of the Convention against Torture obligates State parties to ensure that all acts of torture are criminal offenses under domestic legislation, and current United States law, under section 2340A of title 18, United States Code, makes torture a crime when committed outside of the United States. (4) Article 3 of the Convention against Torture expressly prohibits sending a person to another State ``where there are substantial grounds for believing that he would be in danger of being subjected to torture.'' It further provides that in making such determinations, governments must take into account the existence of ``a consistent pattern of gross, flagrant, or mass violations of human rights.''. (5) In order to discourage the use of torture in interrogation, Article 15 of the Convention against Torture requires all state Parties to ``ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings''. (6) The prohibition on torture and other ill treatment has been incorporated into the numerous international and regional human rights treaties, including-- (A) Article 7 of the International Covenant on Civil and Political Rights (ICCPR), ratified by 154 countries, including the United States in 1992; (B) the Convention against Torture, ratified by 139 countries, including the United States in 1994; (C) the American Convention on Human Rights; (D) the European Convention for the Protection of Human Rights and Fundamental Freedoms; and (E) the African Charter on Human and Peoples' Rights. (7) The prohibition against torture and inhumane treatment is also fundamental to the laws governing the conduct of parties in armed conflicts, as enshrined in the Geneva Conventions of 1949 and their Protocols, which establish a duty to protect the life, health, and safety of civilians and other noncombatants, including soldiers who are captured or who have laid down their arms, prohibit ``violence of life and person, in particular murder of all kinds, mutilation, cruel treatment, and torture'', ``outrages upon personal dignity, in particular humiliating, and degrading treatment'', and prohibit the use of force to obtain information, stipulating that ``No physical or moral coercion shall be exercised against protected persons, in particular to obtain information from them or from third parties.''. (8) The United States Government informed the United Nations in 1999 that in the United States, the use of torture ``is categorically denounced as a matter of policy and as a tool of state authority . . . No official of the government, Federal, State, or local, civilian, or military, is authorized to commit or to instruct anyone else to commit torture. Nor may any official condone or tolerate torture in any form . . . Every act of torture within the meaning of the [Convention against Torture] is illegal under existing Federal and State law, and any individual who commits such an act is subject to penal sanctions as specified in criminal statutes.''. (9) In the United States, the practice of torture violates numerous provisions of the United States Constitution and its Bill of Rights, including the right under the Fourth Amendment to be free of unreasonable search or seizure, which encompasses the right not to be abused by the police, the right under the Fifth Amendment against self-incrimination, which encompasses the right to remain silent during interrogations, the guarantees of due process under the Fifth and the Fourteenth Amendments, which ensure fundamental fairness in criminal justice system, and the right under the Eighth Amendment to be free of cruel or unusual punishment. (10) In numerous cases, the United States Supreme Court has condemned the use of force amounting to torture or other forms of ill treatment during interrogations, including such practices as whipping, slapping, depriving a prisoner of food, water, or sleep, keeping a prisoner naked or in a small cell for prolonged periods, holding a gun to a prisoner's head, or threatening a prisoner with mob violence. (11) Section 2242(a) of the Foreign Affairs Reform and Restructuring Act of 1998 (Public Law 105-277; 8 U.S.C. 1231 note) states that ``It shall be the policy of the United States not to expel, extradite, or otherwise effect the involuntary return of any person to a country in which there are substantial grounds for believing the person would be in danger of being subjected to torture, regardless of whether the person is physically present in the United States.'' . To do otherwise would violate our obligations under Article 3 of the Convention against Torture. (12) Transferring, rendering, removing, returning, or extraditing persons in the custody of the United States to any other country where torture or cruel, inhuman, or degrading treatment is commonly used in the detention and interrogation of individuals is inconsistent with international human rights law, including various human rights treaties ratified by the United States, the Constitutional protections against torture or inhuman treatment, and the values and principles upon which the United States was founded. (13) Recent practices have weakened the safeguards under applicable laws, such as the procedures under the immigration laws of the United States governing removals from the United States, and persons have been transferred from the custody of the United States to that of other governments entirely outside of any legal framework. (14) It is critically important that all transfers of individuals to other countries occur with full due process of law and in conformity with the obligations of the United States under article 3 of the Convention Against Torture. (15) The reliance on diplomatic or other assurances from a government that it will not torture or ill-treat a person returned to that government is an ineffective safeguard for protecting persons from torture or ill treatment. Such assurances from a government known to engage in systematic torture are inherently unreliable. There is strong evidence that governments such as those of Egypt, Syria, and Uzbekistan have violated such assurances they have provided. (16) The United Nation's leading expert on torture, the Special Rapporteur on Torture, recently examined the practice of rendition in situations that implicate the prohibition on returning persons to countries where they may face torture. The Special Rapporteur noted with concern that such practices appear to be on the rise over the past 3 years. After examining the growing use of diplomatic or other assurances described in paragraph (14), the Special Rapporteur stated that such assurances may not be used in circumstances where a country has a record of ``systematic practice of torture''. In such cases, the individual's right not to be subjected to torture must be respected, and the individual may not be returned to that country. SEC. 3. TRANSFER OF PERSONS. (a) Reports to Congress.--Beginning 30 days after the date of the enactment of this Act and every 12 months thereafter, the Secretary of State shall complete and submit to the appropriate congressional committees a list of countries where there are substantial grounds for believing that torture or cruel, inhuman, or degrading treatment is commonly used in the detention of or interrogation of individuals. The list shall be compiled on the basis of the information contained in the most recent annual report of the Secretary of State submitted to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate under section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)). (b) Prohibition on Transferring Persons.--Any person who is imprisoned, detained, or held for transfer to another country by, or is otherwise in the custody of, a department, agency, or official of the United States Government, or any contractor of any such department or agency, may not be transferred, rendered, or returned-- (1) to a country included on the most recent list submitted under subsection (a), for the purpose of detention, interrogation, trial, or otherwise; or (2) to any other country if there are substantial grounds to believe that the person will be transferred to a country included in the most recent list submitted under subsection (a). (c) Waivers.-- (1) Authority.--The Secretary of State may waive the prohibition contained in subsection (b) with respect to the government of a country if the Secretary certifies to the appropriate congressional committees that-- (A) that government has ended the acts of torture or cruel, inhuman, or degrading treatment that were the basis for the inclusion of that country on the list; and (B) there is in place a mechanism that assures the United States in a verifiable manner that a person transferred, rendered, or returned will not be tortured or subjected to cruel, inhuman, or degrading treatment in that country, including, at a minimum, immediate, unfettered, and continuing access, from the point of return, to each such person by an independent humanitarian organization. (2) Assurances insufficient.--Written or verbal assurances made to the United States by the government of a country that persons transferred, rendered, or returned to the country will not be tortured or subjected to cruel, inhuman, or degrading treatment, are not sufficient to meet the requirements of paragraph (1)(B). (d) Treaty-Based Extradition Exemption.--(1) The prohibition contained in subsection (b) shall not be construed to apply to the legal extradition of a person under a bilateral or multilateral extradition treaty if, prior to such extradition, that person has recourse to a court in the United States of competent jurisdiction to challenge the extradition on the basis that there are substantial grounds for believing that the person would be in danger of being subjected to torture or cruel, inhuman, or degrading treatment in the country requesting such extradition. (2) Assurances Insufficient.--Written or verbal assurances made to the United States by the government of a country that persons transferred, rendered, or returned to the country will not be tortured or subjected to cruel, inhuman, or degrading treatment, are not sufficient basis for believing that the person would not be in subjected to torture or cruel, inhuman, or degrading treatment in the country requesting such extradition pursuant to paragraph (1). SEC. 4. IMPLEMENTATION OF OBLIGATION NOT TO RETURN TO RISK OF TORTURE. (a) In General.--Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (8 U.S.C. 1231 note) is amended by striking subsection (b) and inserting the following: ``(b) Regulations.-- ``(1) Issuance.--Not later than 120 days after the date of the enactment of the Torture Outsourcing Prevention Act, the heads of the appropriate Government agencies shall prescribe regulations to implement the obligations of the United States under Article 3 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, subject to any reservations, understandings, declarations and provisos contained in the United States Senate resolution of ratification of the Convention. ``(2) Requirements of regulations.--Regulations issued by the head of an agency under paragraph (1) shall set forth-- ``(A) the responsibilities of the agency, its employees, and its contractors to comply, both within and outside of the United States, with the obligations of the United States under Article 3 of the Convention Against Torture referred to in paragraph (1); and ``(B) the process by which a person may raise and adjudicate in an independent judicial forum a claim that his or her transfer would be in violation of Article 3 of the Convention Against Torture referred to in paragraph (1), including the process by which the individual being transferred can challenge any diplomatic or other assurances received from the government to which the individual would be returned that the individual will not be subjected to torture or ill treatment. ``(3) Definition.--For purposes of this subsection, the term `appropriate Government agencies' means the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))), the Departments of State, Defense, Homeland Security, and Justice, the United States Secret Service, the United States Marshals Service, and any other law enforcement, national security, intelligence, or homeland security agency which imprisons, detains, or transfers prisoners or detainees, or which otherwise takes or assumes custody of persons, or transfers persons to another country.''. (b) Existing Regulations.-- (1) In general.--The amendment made by subsection (a) does not nullify any regulations issued by an agency, before the effective date of this Act, under section 2242(b) of the Foreign Affairs Reform and Restructuring Act of 1998. In such a case, the agency shall amend such regulations to comply with the amendment made by subsection (a) of this section. (2) Special rule concerning immigration laws.-- Notwithstanding any other provision of this Act, or any amendment made by this Act, nothing in this Act shall be construed to affect immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), or regulations issued pursuant to immigration laws, except that the Secretary of Homeland Security, not later than 120 days after the date of the enactment of this Act, shall revise the regulations issued by the Secretary to implement section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (8 U.S.C. 1231 note) so as to ensure that written or verbal assurances made by the government of a country that a person in immigration proceedings in the United States (including asylum proceedings) will not be tortured or subjected to cruel, inhuman, or degrading treatment if the person is removed by the United States to the country are not, standing alone, a sufficient basis for believing that the person would not be tortured or subjected to such treatment if the alien were removed to the country. SEC. 5. SAVINGS CLAUSE. Nothing in this Act or the amendments made by this Act shall be construed to eliminate, limit, or constrain in any way the rights that an individual has under the Convention Against Torture or any other applicable law. SEC. 6. EFFECTIVE DATE. This Act takes effect on the date that is 30 days after the date of the enactment of this Act.

Torture Outsourcing Prevention Act - Directs the Secretary of State to submit to the appropriate congressional committees an annual list of countries where there are substantial grounds for believing that torture, cruel, or degrading treatment is commonly used in the detention or interrogation of individuals. Prohibits the direct or indirect transfer or return of persons by the United States for the purpose of detention, interrogation, trial, or otherwise to a listed country. Sets forth conditions under which: (1) the Secretary may waive such transfer prohibition; and (2) a treaty-based transfer may occur. Amends the Foreign Affairs Reform and Restructuring Act of 1998 to direct the appropriate Government agencies to prescribe regulations to implement U.S. obligations under the United Nations (UN) Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Investor Protection Act of 2004''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Chairman'' means the Chairman of the Securities and Exchange Commission; (2) the terms ``broker'', ``dealer'', and ``securities'' have the same meanings as in section 3 of the Securities Exchange Act of 1934; (3) the term ``Commission'' means the Securities and Exchange Commission; and (4) the term ``individual investors'' means nonprofessional, noninstitutional investors, as a class, including small investors. SEC. 3. DIVISION OF THE INVESTOR. (a) Establishment.--There is established within the Commission the Division of the Investor. (b) Director.-- (1) Appointment.--The Division of the Investor shall be headed by a Director, who shall be appointed by the Commission from among individuals who have-- (A) a demonstrated commitment to the rights and interests of individual investors and to the public interest; (B) experience in advocating for, educating, or otherwise assisting individual investors; and (C) knowledge of the financial markets. (2) Report to chairman.--The Director of the Division of the Investor shall report directly to the Chairman. (c) Duties of the Division.--The duties of the Division of the Investor shall be-- (1) to serve as an advocate for individual investors by-- (A) assessing and advocating for the interests of individual investors; (B) providing views to the Commission and Commission staff as to whether policy proposals and proposed rules effectively serve, and, if appropriate, how they can better serve, the interests of individual investors; (C) identifying areas of concern to individual investors that may warrant or benefit from Commission action; (D) conducting qualitative and quantitative research to determine the information and other needs of individual investors; and (E) serving as a liaison between investor advocacy organizations and the Commission, and developing processes to receive meaningful input from such organizations and from individual investors; (2) to assist and educate individual investors by performing the functions performed on the day before the effective date of this Act by the Director of the Office of Investor Education and Assistance (previously known as the Office of Consumer Affairs), as set forth in section 200.24a of title 17 of the Code of Federal Regulations, as in effect on the effective date of this Act, including-- (A) developing and disseminating educational materials to individual investors; (B) receiving, tracking, and analyzing complaints from individual investors about entities regulated by the Commission, and transmitting to other offices and divisions within the Commission and to the Commission itself relevant information from such individual investors; and (C) providing information to individual investors concerning entities regulated by the Commission, the operation of the securities markets, and the functions of the Commission; and (3) to perform other functions to promote the interests of individual investors, as the Chairman determines appropriate. (d) Small Investors.--In carrying out this section, the Division of the Investor shall pay particular attention to the needs and interests of small investors. (e) Views on Proposed Rules.--Whenever the Commission proposes a new rule or an amendment to an existing rule, or otherwise solicits public comment on a matter of importance to individual investors, the Director of the Division of the Investor shall prepare a written summary of the Division's views on the proposed rule or other matter, and the Commission shall include the summary in its Notice of Proposed Rulemaking or other public solicitation of comments. SEC. 4. OFFICE OF RISK ASSESSMENT. (a) Establishment.--There is established within the Commission the Office of Risk Assessment. (b) Director.-- (1) Appointment.--The Office of Risk Assessment shall be headed by a Director, who shall be appointed by the Commission from among individuals who have-- (A) demonstrated experience in public and private risk analysis or in uncovering and investigating financial fraud or other financial misconduct, or both; (B) knowledge of the financial markets; and (C) demonstrated commitment to the public interest. (2) Report to chairman.--The Director of the Office of Risk Assessment shall report directly to the Chairman. (c) Duties of the Office.--The duties of the Office of Risk Assessment shall be-- (1) to assess industry practices within the jurisdiction of the Commission to identify any risks associated with those practices that could most likely harm investors and the public; (2) to develop strategies to address and mitigate any such risks, and prevent or lessen the potential harm to investors and the public; (3) to coordinate risk assessment and risk management activities throughout the Commission; and (4) to prepare annual reports to the Commission assessing areas that potentially pose the most significant risks to investors during the 3-year period following submission of each such report. (d) Use of Information.--In performing its duties under this section, the Office of Risk Assessment shall seek and make use of information from a wide range of sources, both within and outside of the Commission, including securities filings, information gathered in compliance inspections and examinations, consumer complaints, tips from individuals working within publicly traded corporations or the securities industry, academic research, and relevant information from industry and other sources, consistent with applicable privacy and other laws. SEC. 5. CONSUMER RESEARCH. (a) In General.--Whenever it considers requiring significant disclosures to investors, whether in advertising, on web sites, or in documents required by law or regulation, the Commission shall consider and give weight to empirical evidence as to whether the proposed disclosure as a whole, including its wording, its format, the context and location in which it appears, and the timing and manner of its dissemination, is likely to meaningfully improve understanding by individual investors to assist them in making wise financial decisions, and whether alternative disclosures would be more effective in improving investor understanding. (b) Types of Evidence.--Empirical evidence referred to in subsection (a)-- (1) may be qualitative or quantitative; (2) should be of a type that relevant experts would consider competent and reliable evidence of the understanding of average investors; and (3) may include evidence developed by the Commission or by others. SEC. 6. FUND SUMMARIES. (a) Summaries Required.-- (1) In general.--Section 12 of the Investment Company Act of 1940 (15 U.S.C. 80a-12) is amended by adding at the end the following: ``(h) Summaries Required for Open-End Companies.--It shall be unlawful for an open-end registered investment company to offer its securities for sale, unless, prior to completion of the sale, it provides to investors a summary of relevant characteristics of the investment, including information on expenses, risk, and diversification, and any other information that the Commission determines will assist investors in making wise financial decisions.''. (2) Effective date.--Section 12(h) of the Investment Company Act of 1940, as added by paragraph (1) of this subsection, shall become effective on the earlier of-- (A) the effective date of regulations issued under subsection (c); or (B) 1 year after the date of enactment of this Act. (b) Study.--The Commission shall conduct a study, including usability testing where appropriate, to determine-- (1) the information most likely to assist average mutual fund investors in making wise financial decisions; and (2) the best media and format in which to present such information so as to ensure that it is readily accessible and understandable to average investors. (c) Implementing Regulations.--Not later than 1 year after the date of enactment of this Act, the Commission shall issue final regulations implementing the requirements of section 12(h) of the Investment Company Act of 1940, as added by subsection (a), and specifying the content and format of the summary required under that section 12(h), consistent with the findings of the Commission in the study conducted under subsection (b), except that such summary shall not exceed in length the equivalent of 4 printed pages of text.

Small Investor Protection Act of 2004 - Establishes the Division of the Investor within the Securities and Exchange Commission (SEC) to: (1) serve as advocate for individual investors, including serving as liaison between investor advocacy organizations and the SEC; and (2) assist and educate individual investors by performing the functions previously performed by the Director of the Office of Investor Education and Assistance (previously known as the Office of Consumer Affairs), paying particular attention to the needs and interests of small investors. Establishes the Office of Risk Assessment within the SEC to: (1) assess industry practices within the jurisdiction of the SEC to identify any risks associated with those practices that could most likely harm investors and the public; and (2) develop strategies to address and mitigate such risks, and prevent or lessen the potential harm to investors and the public. Requires the Commission, whenever it considers requiring significant disclosures to investors (whether in advertising, on web sites, or in documents required by law or regulation), to consider and give weight to empirical evidence as to: (1) whether the proposed disclosure as a whole is likely to improve meaningfully individual investor understanding to assist investors in making wise financial decisions; and (2) whether alternative disclosures would be more effective in improving investor understanding. Amends the Investment Company Act of 1940 to declare that it shall be unlawful for an open-end registered investment company to offer its securities for sale, unless, prior to completion of the sale, it provides investors with a summary of relevant characteristics of the investment, including information on expenses, risk, and diversification, and any other information that the SEC determines will assist investors in making wise financial decisions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Adjustment Assistance for Self-Employment Act of 2003''. SEC. 2. DEMONSTRATION PROJECT FOR SELF-EMPLOYMENT TRAINING AND ASSISTANCE UNDER THE TRADE ADJUSTMENT ASSISTANCE PROGRAM. (a) Establishment of Project.--Subchapter C of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2311 et seq.) is amended by inserting after section 246 the following new section: ``SEC. 246A. DEMONSTRATION PROJECT FOR SELF-EMPLOYMENT TRAINING AND ASSISTANCE. ``(a) In General.-- ``(1) Establishment.--Not later than 1 year after the date of enactment of the Trade Adjustment Assistance for Self- Employment Act of 2003, the Secretary shall establish an alternative trade adjustment assistance program for workers that provides the benefits described in paragraph (2). ``(2) Benefits.-- ``(A) Training.--A State shall use the funds provided to the State under section 241 to provide, for a period not to exceed 2 years, to a worker described in paragraph (3)(B), self-employment training. ``(B) Payment for start-up costs.--A State shall use the funds provided to the State under section 241 to provide to a worker described in paragraph (3)(B) who successfully completes the self-employment training described in subparagraph (A), and for which a self- employment business plan described in paragraph (3)(B)(ii) is approved, an amount to pay, in whole or in part, the start up costs attributable to the business enterprise of the individual. ``(3) Eligibility.-- ``(A) In general.--The Secretary shall provide the opportunity for 1 or more workers in a group of workers on whose behalf a petition is filed under section 221 to request that the individual workers be certified for the alternative trade adjustment assistance program under this section at the time the petition is filed. The Secretary shall determine whether the individual workers in the group are eligible for the alternative trade adjustment assistance program by the date specified in section 223(a). ``(B) Individual eligibility.--A worker that the Secretary has certified as eligible for the alternative trade adjustment assistance program under subparagraph (A) may elect to receive benefits under the alternative trade adjustment assistance program if the worker-- ``(i) is covered by a certification under subchapter A of this chapter; ``(ii) agrees to submit to the appropriate State agency for approval a self-employment business plan; ``(iii) is likely to obtain self-employment in accordance with such plan not later than 26 weeks after the date of separation from the adversely affected employment; ``(iv) is likely to be engaged in self- employment on a full-time basis; and ``(v) is likely not to return to the employment from which the worker was separated. ``(4) Total amount of payments.-- ``(A) Training.--The amount of payments described in paragraph (2)(A) made on behalf of a worker may not exceed $2,500 per worker during the 2-year eligibility period. ``(B) Start-up costs.--The amount of payments described in paragraph (2)(B) made to a worker may not exceed $10,000 per worker during the 2-year eligibility period. ``(5) Limitation on other benefits.--Except as provided in section 238(a)(2)(B), if a worker is receiving payments pursuant to the program established under paragraph (1), the worker shall not be eligible to receive any other benefits under this title. ``(b) Termination.-- ``(1) In general.--Except as provided in paragraph (2), no payments may be made by a State under the program established under subsection (a)(1) after the date that is 5 years after the date on which such program is implemented by the State. ``(2) Exception.--Notwithstanding paragraph (1), a worker receiving payments under the program established under subsection (a)(1) on the termination date described in paragraph (1) shall continue to receive such payments provided that the worker meets the criteria described in subsection (a)(3)(B). ``(c) Definition.--In this section, the term `self-employment training' means entrepreneurial training, business counseling, technical assistance, and related activities, including training and services provided by federally-funded resource partners of the Small Business Administration, that are engaged in for the purpose of establishing a business and becoming self-employed, as approved by the appropriate State agency, or the Secretary, in consultation with the Administrator of the Small Business Administration.''. (b) Conforming Amendment.--The table of contents of the Trade Act of 1974 is amended by striking the second item relating to section 246 and inserting the following: ``Sec. 246. Demonstration project for self-employment training and assistance.''. SEC. 3. BENEFIT INFORMATION TO WORKERS. Section 225(a) of the Trade Act of 1974 (19 U.S.C. 2275(a)) is amended by adding at the end the following new sentence: ``In providing full information to workers about benefit allowances, training, and other employment services available under this chapter in accordance with this subsection, the Secretary shall include information on the demonstration project for self-employment training and assistance under section 246A.''.

Trade Adjustment Assistance for Self-Employment Act of 2003 - Amends the Trade Act of 1974 to direct the Secretary of Labor to establish an alternative trade adjustment assistance program for workers that provides for self-employment training and funds to pay, in whole or in part, the start up costs attributable to the individual's business enterprise. Requires the Secretary to provide the opportunity for one or more workers in a group of workers on whose behalf a petition is filed for a trade adjustment assistance application eligibility to request that the individual workers be certified for the alternative trade adjustment assistance program. Requires a worker covered by an group trade adjustment assistance eligibility certification who elects to receive alternative trade adjustment assistance program benefits to: (1) submit a self-employment business plan to the appropriate State agency for approval; (2) be likely to obtain self-employment in accordance with such plan within 26 weeks after separation from the adversely affected employment; (3) be likely to engage in self-employment on a full-time basis; and (4) be likely not to return to the employment from which the worker was separated. Limits the total amount of payments made on behalf of a worker during the two-year eligibility period to: (1) $2,500 per worker for training costs; and (2) $10,000 per worker for start-up costs. Prohibits any other trade adjustment assistance benefits for a worker accepting alternative benefits under this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection Against Wrongful Voter Purges Act''. SEC. 2. NOTICE AND REVIEW REQUIREMENTS FOR REMOVAL OF INDIVIDUALS FROM OFFICIAL LIST OF ELIGIBLE VOTERS BY REASON OTHER THAN CHANGE OF RESIDENCE. (a) In General.--Section 8 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6) is amended-- (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: ``(j) Notice and Review Requirements For Removal of Individuals From List of Eligible Voters by Reason Other Than Change of Residence.-- ``(1) Minimum notice prior to removal.-- ``(A) In general.--In addition to any other requirements applicable under this section, a State may not remove a registrant from the official list of eligible voters for an election for Federal office by reason other than death or a change of residence unless the State provides the registrant with a notice of removal meeting the requirements of subparagraph (B) not later than 30 days before the date of the election. ``(B) Requirements for notice.--The notice required under this subparagraph shall be sent by forwardable mail, and shall include the following: ``(i) A statement that the State intends to remove the registrant from the official list of eligible voters for elections for Federal office. ``(ii) A description of the reasons for removal, including (in the case of an individual proposed to be removed by reason of criminal conviction) sufficient identifying information on the criminal conviction alleged to be the basis for removal to enable the registrant to determine whether the registrant was convicted of the offense cited in the notice. ``(iii) A statement that the registrant may obtain a review of the removal from an appropriate State election official in accordance with paragraph (2). ``(iv) A postage pre-paid and pre-addressed envelope and a clear list of contact information for the appropriate State election official that includes a mailing address, telephone number, and fax number. ``(2) Review of decision to remove.-- ``(A) In general.--A registrant who receives a notice of removal under paragraph (1) may submit a written request to a designated State election official to withdraw the notice and retain the registrant on the official list of eligible voters, and may include in the request such information and evidence as the registrant considers appropriate to show that the registrant is not subject to removal from the list under State law, including information and evidence showing that the registrant was not convicted of the criminal offense cited in the notice or that the period of ineligibility imposed as the result of a conviction of a criminal offense has expired (in the case of an individual proposed to be removed by reason of criminal conviction). ``(B) Response by state.--Not later than 10 days after receiving a request from a registrant under subparagraph (A), the State shall review the information and evidence included and accept or reject the request, and shall notify the registrant in writing of its decision. ``(3) Special rules for removal by reason of death of registrant.--In the case of an individual proposed to be removed by reason of death-- ``(A) the notice of removal under paragraph (1) shall be addressed to the occupant of the most recent address of the registrant in the records of the appropriate State election official; ``(B) the notice shall include a statement that the occupant should notify the appropriate State election official immediately if the notice of the registrant's death is in error; ``(C) if the notice of removal was issued in error, the registrant may submit a written request under paragraph (2) to withdraw the notice and retain the registrant on the official list of eligible voters; and ``(D) if the registrant submits such a written request, the State shall notify the registrant of the decision made under paragraph (2)(B) with respect to the request. ``(4) Opportunity to cast provisional ballot.--Any registrant who receives a notice of removal under paragraph (1) and believes that the removal decision was made in error shall be permitted to cast a provisional ballot in an election for Federal office in accordance with section 302(a) of the Help America Vote Act of 2002, and the vote cast by such a ballot shall be counted in the election (in accordance with the standards and procedures of such section) if it is determined that the removal decision was made in error. ``(5) No expansion of grounds for removal.--Nothing in this subsection may be construed to require or authorize the establishment of any grounds for the removal of a registrant from the official list of eligible voters for an election for Federal office which were not in effect prior to the enactment of this subsection.''. (b) Adoption of Voluntary Guidance Regarding Audits of Computerized List.--Section 311 of the Help America Vote Act of 2002 (42 U.S.C. 15501) is amended by adding at the end the following new subsection: ``(d) Voluntary Guidance Regarding Audits of Computerized List.-- Not later than October 1, 2008, the Commission shall adopt voluntary guidance with respect to audits of the Statewide computerized voter registration list required to be maintained under section 303 so that each State will be able to ensure that the list reflects an accurate and complete count of all individuals who are validly registered to vote in elections for Federal office in the State and is secure against unauthorized uses.''. (c) Conforming Amendments.-- (1) National voter registration act of 1993.--Section 8 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg- 6) is amended-- (A) in subsection (a)(3)(B), by striking ``State law,'' and inserting ``State law and consistent with the requirements of subsection (j),''; (B) in subsection (a)(4)(A), by striking the semicolon at the end and inserting and ``, consistent with the requirements of subsection (j);''; (C) in the heading for subsection (d), by inserting after ``Rolls'' the following: ``by Reason of Change of Residence''; and (D) in subsection (i)(2), by inserting after ``subsection (d)(2)'' the following: ``and all persons to whom notices described in subsection (j)''. (2) Help america vote act of 2002.--Section 303(a) of the Help America Vote Act of 2002 (42 U.S.C. 15483(a)) is amended-- (A) in paragraph (2)(A)(i), by striking ``and (e)'' and inserting ``(e), and (j)''; and (B) in paragraph (4)(B), by striking ``Safeguards'' and inserting ``In addition to meeting the applicable notice and review requirements of section 8 of the National Voter Registration Act of 1993, safeguards''. (d) Rule of Construction.--Nothing in this section or any amendment made by this section may be construed-- (1) to affect the right of any individual to cast a provisional ballot under section 302(a) of the Help America Vote Act of 2002; or (2) to prohibit any State from providing individuals threatened with removal from the official list of eligible voters in the State with greater protections than those required under section 8(j) of the National Voter Registration Act of 1993 (as added by subsection (a)). (e) Effective Date.--The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office in November 2008 and each succeeding election for Federal office. SEC. 3. CONTENTS AND TREATMENT OF VOTER REGISTRATION FORMS. (a) Opportunity To Correct Incomplete Forms.--Section 303(b)(4)(B) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(4)(B)) is amended by striking ``to answer the question included on the mail voter registration form pursuant to subparagraph (A)(i)'' and inserting ``to provide any information required on any voter registration form used by the State under section 6 of the National Voter Registration Act of 1993''. (b) Completed National Form Deemed Complete For All States.-- Section 303(b) of such Act (42 U.S.C. 15483(b)) is amended-- (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following new paragraph: ``(5) Completed national form deemed complete for all states.-- ``(A) Treatment of completed form.--If an applicant for voter registration in a State submits a voter registration application form which contains all of the information required to be provided under the mail voter registration form developed by the Commission under section 9(a)(2) of the National Voter Registration Act of 1993 (whether the form submitted by the applicant is the form developed by the Commission or another form developed and used by the State under section 6(a) of the National Voter Registration Act of 1993), the State may not refuse to register the applicant as a voter on the ground that the applicant failed to complete the form. ``(B) Presumption in favor of registration.--In determining whether applicants meet the requirements for registering to vote in elections for Federal office in a State, State election officials shall act under the presumption that applicants should be registered.''. SEC. 4. AVAILABILITY OF UPDATED INFORMATION FOR REGISTERED VOTERS. (a) Requiring States To Make Updated Information Available to Registered Voters.--Section 303(a)(1) of the Help America Vote Act of 2002 (42 U.S.C. 15483(a)(1)) is amended-- (1) by redesignating subparagraph (B) as subparagraph (D); and (2) by inserting after subparagraph (A) the following new subparagraphs: ``(B) Availability of updated version of list online and at polling places.-- ``(i) In general.--The appropriate State or local election official shall ensure that, at each polling place for an election for Federal office and on a public website of the election official of each registrar's jurisdiction, a list is available which shows-- ``(I) all individuals registered to vote in that election at all polling places located in the registrar's jurisdiction, other than any individual who requests that the appropriate official exclude the individual's name from the list; and ``(II) for each such individual, the polling place at which the individual is registered. ``(ii) Exclusion of addresses.--The list required to be made available under clause (i) may not contain the address of any individual. ``(iii) Timing.--The appropriate election official shall make the list required to be made available under clause (i)-- ``(I) available not later than 72 hours after the applicable deadline under State law for registering to vote in elections for Federal office; or ``(II) in the case of a same-day registration State, available on a weekly basis during the 30-day period which ends on the date of the election. ``(iv) Permitting individuals to opt out of inclusion in publicly-posted list.--If an individual requests that the appropriate election official exclude the individual's name from the publicly posted list under this subparagraph-- ``(I) the official shall exclude information relating to the individual from the publicly-posted list; and ``(II) the official shall notify the individual in a private and confidential manner of the polling place to which the individual is assigned in accordance with the timetable provided for making the list available under clause (iii). ``(v) Definitions.--In this subparagraph-- ``(I) the term `registrar's jurisdiction' has the meaning given such term in section 8(j) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(j)); and ``(II) the term `same-day registration State' means a State in which, under law that is in effect continuously on and after the date of the enactment of the Protection Against Wrongful Voter Purges Act, all voters in the State may register to vote at the polling place at the time of voting in a general election for Federal office. ``(C) Notification of changes in assigned polling place.--If an election official assigns an individual to a polling place which is different than the polling place at which the individual was registered to vote under the most recently available version of the list required to be made available under subparagraph (B)(i), the official shall notify the individual of the new polling place immediately upon making the assignment.''. (b) Conforming Amendment.--Section 303(a)(1) of such Act (42 U.S.C. 15481(a)(1)) is amended-- (1) in subparagraph (A), by striking ``subparagraph (B)'' and inserting ``subparagraph (C)''; and (2) in subparagraph (C), as redesignated by subsection (a), by striking ``requirement under subparagraph (A)'' and inserting ``requirements under subparagraphs (A) and (B)''. SEC. 5. NONAPPLICABILITY TO CERTAIN STATES. This Act and the amendments made by this Act shall not apply to a State in which, under a State law in effect continuously on and after the date of the enactment of this Act, there is no voter registration requirement for individuals in the State with respect to elections for Federal office. SEC. 6. EFFECTIVE DATE. Section 303(d)(2) of the Help America Vote Act of 2002 (42 U.S.C. 15483(d)(2)) is amended-- (1) in subparagraph (A), by striking ``Each State'' and inserting ``Except as provided in subparagraph (C), each State''; (2) in subparagraph (B), by striking ``The provisions'' and inserting ``Except as provided in subparagraph (C), the provisions''; and (3) by adding at the end the following new subparagraph: ``(C) Delayed effective date for certain provisions.--To the extent that any provision of subsection (b) was amended by the Protection Against Wrongful Voter Purges Act, such provision shall apply with respect to the next election for Federal office held after November 2008 and each succeeding election for Federal office.''.

Protection Against Wrongful Voter Purges Act - Amends the National Voter Registration Act to establish notice and review requirements for removal of individuals from a list of eligible voters by reason other than death or a change of residence. Requires the Federal Election Commission (FEC) to adopt voluntary guidance with respect to audits of the statewide computerized voter registration list so that each state will be able to ensure that the list: (1) reflects an accurate and complete count of all individuals validly registered to vote in federal elections; and (2) is secure against unauthorized uses. Amends the Help America Vote Act of 2002 to prohibit a state from refusing to register any applicant who has completed the national voter registration application form. Requires the appropriate state or local election official to ensure that, at each polling place for a federal election and on a public website of the election official of each registrar's jurisdiction, a list is available which shows: (1) all individuals registered to vote in that election at all polling places located in the registrar's jurisdiction; and (2) for each such individual, the polling place at which the individual is registered. Permits an individual to request exclusion from the list. Prohibits such list from containing an individual's address. Provides that this Act shall not apply to a state in which there is no voter registration requirement for individuals in the state with respect to federal elections.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Electronic Medication and Safety Protection (E-MEDS) Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) Patient safety is an important issue and a priority among patients, providers, insurers, businesses, and government entities alike. (2) Adverse drug events are defined by the Institute of Medicine as ``any injury due to medication''. (3) According to the Institute of Medicine, more then 1.5 million preventable adverse drug events occur every year in the United States. (4) Studies indicate that at least 530,000 preventable adverse drug events occur each year among the Medicare population, and cost the Federal Government upwards of $887,000,000, or $1,983 per person. (5) Electronic prescription drug programs, or e- prescribing, provide for the electronic transmittal of prescription information from the prescribing health care provider to the dispensing pharmacy and pharmacist. (6) Electronic prescribing provides formulary and coverage information before a prescription is written to better inform the patient and prescriber of lower cost options, including generics. (7) E-prescribing can help to eliminate medical errors, injuries, hospitalizations, and even death that can result from illegible prescriptions and bad drug interactions, in addition to reducing patient medication non-adherence. (8) The Institute of Medicine recommends that all physicians create a plan to implement and use e-prescribing technology by 2010. SEC. 3. INCENTIVES FOR USE OF E-PRESCRIBING UNDER MEDICARE. (a) Bonus Payments.--Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended by adding at the end the following new subsection: ``(v) Incentive Payments for Physician Use of E-Prescribing.-- ``(1) One-time bonus for start-up costs.-- ``(A) In general.--If the Secretary determines, based upon coding in claims submitted under this part over a duration specified by the Secretary, that a physician meets a threshold volume or proportion (as specified by the Secretary) of claims for physicians' services for individuals enrolled under this part that-- ``(i) are classified (under section 1848) as evaluation and management services; ``(ii) include the making of a prescription that could under law be made using the electronic prescription drug program; and ``(iii) use the electronic prescription drug program for such prescription, the Secretary shall make a payment to the physician, in addition to any other payment under this part, of the amount specified in subparagraph (B). Not more than one payment may be made under this subsection with respect to any physician. ``(B) Amount.--The payment amount under subparagraph (A) shall be, in the case of a physician that meets the conditions of subparagraph (A) for a period that begins during-- ``(i) 2008 or 2009, $2,000; ``(ii) 2010 or 2011, $1,500; or ``(iii) 2012 or a subsequent year, $1,000. ``(2) On-going bonus for use of e-prescribing.-- ``(A) In general.--If the Secretary determines, based upon coding in claims submitted under this part over a period specified by the Secretary, that a physician uses the electronic prescription drug program for prescribing at least a threshold volume or proportion (as specified by the Secretary) of claims for physicians' services for individuals enrolled under this part, in addition to the amount of payment that would otherwise be made under this part for physicians' services by the physician that are classified as evaluation and management services under section 1848, there also shall be paid to the physician an amount equal to 1 percent of the allowed charges for such services. In applying the previous sentence, there shall not be taken into account claims for prescriptions written for controlled substances which may not under law be prescribed using the electronic prescription drug program. ``(B) Application to physician shortage bonuses.-- The additional payment under this paragraph shall be taken into account in applying subsections (m) and (u). ``(3) Auditing.--Provisions applicable to the auditing of claims for payment and enforcement of false claims under this part shall apply to claims for payment under this subsection. ``(4) Electronic prescription drug program defined.--In this subsection, the term `electronic prescription drug program' means the program established under section 1860D- 4(e).''. (b) Adjustment in Fee Schedule for Failure To Use E-Prescribing.-- Section 1848(a) of such Act (42 U.S.C. 1395w-8(a)) is amended by adding at the end the following new paragraph: ``(5) Requirement for use of e-prescribing.-- ``(A) In general.--Subject to subparagraph (B), effective for physicians' services furnished on or after January 1, 2011, in the case of such services-- ``(i) that are classified as evaluation and management services under this section; and ``(ii) in connection with which there was one or more prescriptions made that could have been made, but were not all made, under the electronic prescription drug program, the fee schedule amount otherwise applicable under this section shall be reduced by 10 percent. ``(B) Waiver.--The Secretary may waive the application of subparagraph (A) until January 1, 2012, or January 1, 2013, as specified by the Secretary, in cases of demonstrated hardship or unforeseen circumstances specified by the Secretary.''. SEC. 4. REPORTS ON E-PRESCRIBING. (a) CMS Report.-- (1) In general.--Not later than 2 years after the date of the enactment of this Act, the Administrator of the Centers for Medicare & Medicaid Services shall submit to Congress a report on progress on implementing e-prescribing under the Medicare electronic prescription drug program under section 1860D-4(e) of the Social Security Act (42 U.S.C. 1395w-104(e)). (2) Items included.--Such report shall include information on-- (A) the percentage of Medicare physicians that utilize the electronic prescription drug program; (B) the estimated savings resulting from the use of e-prescribing; and (C) progress on reducing avoidable medical errors resulting from the use of e-prescribing. (b) GAO Report.-- (1) In general.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the impact of implementation of such program on physicians. (2) Items included.--Such report shall include information on-- (A) factors influencing the adopting of e- prescribing by physicians; and (B) the impact of this Act on physicians practicing in individual or small group practices and on physicians practicing in rural areas.

Medicare Electronic Medication and Safety Protection (E-MEDS) Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services to: (1) make incentive payments for physician use of an electronic prescription drug program (E-prescribing); and (2) reduce by 10% the fee schedule amount for failure to use E-prescribing. Directs the Administrator of the Centers for Medicare & Medicaid Services to report to Congress on progress on implementing E-prescribing under the Medicare electronic prescription drug program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Clean Water Trust Fund Act of 2000''. SEC. 2. NATIONAL CLEAN WATER TRUST FUND. Section 309 of the Federal Water Pollution Control Act (33 U.S.C. 1319) is amended by adding at the end the following: ``(h) National Clean Water Trust Fund.-- ``(1) Establishment.--There is established in the Treasury a National Clean Water Trust Fund (referred to in this subsection as the `Fund') consisting of amounts transferred to the Fund under paragraph (2) and amounts credited to the Fund under paragraph (3). ``(2) Transfer of amounts.--For fiscal year 2001, and each fiscal year thereafter, the Secretary of the Treasury shall transfer to the Fund an amount determined by the Secretary to be equal to the total amount deposited in the general fund of the Treasury in the preceding fiscal year from fines, penalties, and other funds obtained through judgments from courts of the United States for enforcement actions conducted under this section and section 505(a)(1), excluding any amounts ordered to be used to carry out mitigation projects under this section or section 505(a). ``(3) Investment of amounts.-- ``(A) In general.--The Secretary of the Treasury shall invest in interest-bearing obligations of the United States such portion of the Fund as is not, in the Secretary's judgment, required to meet current withdrawals. ``(B) Administration.--The obligations shall be acquired and sold and interest on, and the proceeds from the sale or redemption of, the obligations shall be credited to the Fund in accordance with section 9602 of the Internal Revenue Code of 1986. ``(4) Use of amounts for remedial projects.-- ``(A) In general.--Subject to subparagraph (B), amounts in the Fund shall be available, as provided in appropriations Acts, to the Administrator to carry out projects to restore and recover waters of the United States from damage resulting from violations of this Act that are subject to enforcement actions under this section or from the discharge of pollutants into the waters of the United States, including-- ``(i) soil and water conservation projects; ``(ii) wetland restoration projects; and ``(iii) such other similar projects as the Administrator determines to be appropriate. ``(B) Condition for use of funds.--Amounts in the Fund shall be available under subparagraph (A) only for a project conducted in the watershed, or in a watershed adjacent to the watershed, in which a violation of this Act described in subparagraph (A) results in the institution of an enforcement action. ``(5) Selection of projects.-- ``(A) Priority.--In selecting projects to carry out under this subsection, the Administrator shall give priority to a project described in paragraph (4) that is located in the watershed, or in a watershed adjacent to the watershed, in which there occurred a violation under this Act for which an enforcement action was brought that resulted in the payment of any amount into the general fund of the Treasury. ``(B) Consultation with states.--In selecting a project to carry out under this section, the Administrator shall consult with the State in which the Administrator is considering carrying out the project. ``(C) Allocation of amounts.--In determining an amount to allocate to carry out a project to restore and recover waters of the United States from damage described in paragraph (4), the Administrator shall, in the case of a priority project described in subparagraph (A), take into account the total amount deposited in the general fund of the Treasury as a result of enforcement actions conducted with respect to the violation under this section or section 505(a)(1). ``(6) Implementation.--The Administrator may carry out a project under this subsection directly or by making grants to, or entering into contracts with, another Federal agency, a State agency, a political subdivision of a State, or any other public or private entity. ``(7) Report to congress.--Not later than 1 year after the date of the enactment of this subsection, and every 2 years thereafter, the Administrator shall submit to Congress a report on implementation of this subsection.''. SEC. 3. USE OF CIVIL PENALTIES FOR MITIGATION PROJECTS. (a) In General.--Section 309(d) of the Federal Water Pollution Control Act (33 U.S.C. 1319(d)) is amended by inserting after the second sentence the following: ``The court may order that a civil penalty be used for carrying out mitigation, restoration, or other projects that are consistent with the purposes of this Act and that enhance public health or the environment.''. (b) Conforming Amendment.--Section 505(a) of the Federal Water Pollution Control Act (33 U.S.C. 1365(a)) is amended in the last sentence by inserting before the period at the end the following: ``, including ordering the use of a civil penalty for carrying out mitigation, restoration, or other projects in accordance with section 309(d)''.

Authorizes the use of civil penalties obtained under such Act for mitigation or restoration projects or other projects that enhance public health or the environment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Technology Resources and Commercial Leadership Act''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--The Congress makes the following findings: (1) The United States Department of Commerce, through its Office of Technology Policy, has reported in June, 1999, that the United States will require more than 1.3 million new highly-skilled core information technology workers by the year 2006. (2) The need for computer scientists, computer engineers, and systems analysts by 2006 is projected to be more than double the number of such scientists, engineers, and analysts in 1996. (3) The supply of new graduates qualified for the positions described in paragraph (2) is anticipated to be well short of half the number needed. (4) The lack of qualified workers is due in part to a lack of sufficient numbers of students pursuing advanced degrees in mathematics, science, and engineering technology. (5) The number of degrees in technical science and engineering fields awarded by United States institutions of higher learning have declined since 1990. (6) Foreign national students in the United States were awarded 47 percent of Doctorate degrees in engineering, 38 percent of Master's degrees, and 46 percent of Doctorate degrees in computer science in 1996. (7) The United States is a leader in the global development of technology related enterprises. (8) If the United States cannot meet the needs of industry to allow continued expansion and innovation in the 21st century, American companies will locate in those countries which do have the technical base to meet those needs and this will be counterproductive to the American economy. (9) Section 8 of Article I of the Constitution grants Congress the power ``To regulate Commerce with foreign nations and among the several States.''. (10) In order to maintain a strong domestic economy and provide for the national defense, it is critical that the United States maintain its leadership position in technology. (b) Purpose.--It is the purpose of this Act to provide incentives and opportunities for the United States' improving the mathematics, science, engineering, and technology resources in order to maintain the United States leadership in technology, and to permit United States companies to continue the technology-related expansion of the United States' domestic economy and international economic presence. SEC. 3. PROGRAM ESTABLISHED. (a) In General.--The Secretary of Commerce, in consultation with the Director of the Office of Science Technology and the Director of the National Science Foundation, shall establish and administer a program under this Act to strengthen the scientific, mathematical, engineering, and technology resources of the United States in order to ensure the United States continued global leadership in technology- related commerce. (b) Grants.--The program shall include grants of financial assistance, awarded on a competitive basis, to support the advancement and improvement of mathematics, science, engineering, and technology competencies and resources to assure continued growth, leadership, and competitiveness of United States based companies in interstate and international commerce. (c) Recipients.--The Secretary may award grants under subsection (b) to business enterprises, organizations supporting mathematics, scientific, engineering, technology research and advancement, teachers, schools, school districts, or institutions of higher learning. (d) Criteria.--The Secretary shall award grants for programs that can demonstrate an economically beneficial return on investment and achievement in the advancement of science, math, engineering, and technology competencies and resources. SEC. 4. TEMPORARY SKILLED PERSONNEL IN MATHEMATICS, SCIENCE, ENGINEERING, AND TECHNOLOGY. (a) In General.--Notwithstanding clauses (iii), (iv), and (v) of section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)), the total number of aliens who may be issued visas or otherwise provided nonimmigrant status during fiscal years 2000 through 2006 under section 101(a)(15)(H)(i)(b) of that Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) shall not be subject to numerical limitation, and shall be subject to numerical limitations after 2006 as provided by law. (b) Certain Applications Given Preference.--In processing applications for visas or other nonimmigrant status under the Immigration and Nationality Act, as modified by subsection (a), the Secretary of State shall give preferential consideration to applications from foreign national students who are graduates of post- secondary schools in the United States with advanced degrees in mathematics, science, engineering, or technology. (c) Funding for Grants.-- (1) In general.--Notwithstanding section 286(s) of such Act (8 U.S.C. 1356(s)), for fiscal years 2000 through 2006 51.3 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account established by paragraph (1) of that section shall be available to the Secretary of Commerce until expended under section 3 of this Act. (2) Job training.--For fiscal years 2000 through 2006, section 286(s)(2) of such Act (8 U.S.C. 1356(s)(2)) shall be applied by substituting ``5 percent'' for ``56.3 percent''.

Prohibits subjecting to a numerical limitation during FY 2000 through 2006 the total number of aliens who are skilled in those areas who may be issued work visas or otherwise provided nonimmigrant status. Directs the Secretary of State, in processing such visas, to give preferential consideration to applications from foreign national students who are graduates of post-secondary schools in the United States with advanced degrees in such fields. Provides grant funding.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Boot Camp Prison Act of 1993''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The Federal prisons are greatly overcrowded. Although the Federal prison system had a maximum capacity of only 50,707 inmates as of December 17, 1992, on that date it housed 72,191 inmates. (2) The prisoner populations of both Federal and State prisons have been increasing rapidly and are expected to continue to increase in part because of the effect of the Federal Sentencing Guidelines. In fiscal year 1993, the Federal prison population will be approximately 79,000, growing to about 92,000 in fiscal year 1995 and 109,000 in fiscal year 1998. (3) The average cost of constructing a medium security Federal prison is $53,173 per bed. The average cost of housing a Federal inmate is $20,072 per year. This country needs to find an effective and affordable alternative to our current prison situation. (4) Boot camp prisons are an excellent solution to this problem. Instituted originally in 1984 in the State prison systems of Oklahoma and Georgia, the concept of boot camp prisons has now spread to 25 States. Although incarceration in a boot camp costs more per year because of counseling and educational services, an inmate stays for a shorter period of time (between 90 and 120 days), thus reducing total costs and overcrowding. The boot camp prison system in the New York Department of Correctional Services saved that State's taxpayers an estimated $150,000,000 as of December 31, 1991. SEC. 3. BOOT CAMPS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Attorney General shall establish within the Bureau of Prisons 10 military-style boot camp prisons (referred to in this section as ``boot camps''). (b) Locations.--The boot camps shall be located on closed military installations on sites to be chosen by the Director of the Bureau of Prisons. (c) Regimen.--The boot camps shall provide-- (1) a highly regimented schedule of strict discipline, physical training, work, drill, and ceremony characteristic of military basic training; (2) remedial education; (3) counseling as appropriate; and (4) treatment for substance abuse. (d) Capacity.--Each boot camp shall be designed to accommodate between 200 and 300 inmates for periods of not less than 90 days and not greater than 120 days. Not more than 20 percent of the inmates shall be Federal prisoners. The remaining inmates shall be State prisoners who are accepted for participation in the boot camp program pursuant to subsection (f). (e) Federal Prisoners.--Section 3582 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(e) Boot Camp Prison as a Sentencing Alternative.--(1) The court, in imposing sentence in the circumstances described in paragraph (2), may designate the defendant as eligible for placement in a boot camp prison. The Bureau of Prisons shall determine whether a defendant so designated will be assigned to a boot camp prison. ``(2) A defendant may be designated as eligible for placement in boot camp prison if-- ``(A) the defendant-- ``(i) is under 25 years of age; ``(ii) is able-bodied; ``(iii) has been convicted of a serious but nonviolent offense; ``(iv) has no serious prior conviction for which he or she has served more than 10 days of incarceration; and ``(v) consents to the designation; and ``(B) the sentencing court finds that the defendant's total offense level under the Federal sentencing guidelines is level 15 or less. ``(3) If the Director of the Bureau of Prisons finds that an inmate placed in a boot camp prison pursuant to this subsection has willfully refused to comply with the conditions of confinement in the boot camp, the Director may transfer the inmate to any other correctional facility in the Federal prison system. ``(4) Successful completion of assignment to a boot camp shall constitute satisfaction of any period of active incarceration, but shall not affect any aspect of a sentence relating to a fine, restitution, or supervised release.''. (f) State Prisoners.--(1) The head of a State corrections department or the head's designee may apply for boot camp placement for any person who has been convicted of a criminal offense in that State, or who anticipates entering a plea of guilty of such offense, but who has not yet been sentenced. Such application shall be made to the Bureau of Prisons and shall be in the form designated by the Director of the Bureau of Prisons and shall contain a statement certified by the head of the State corrections department or the head's designee that at the time of sentencing the applicant is likely to be eligible for assignment to a boot camp pursuant to paragraph (2). The Bureau of Prisons shall respond to such applications within 30 days so that the sentencing court is aware of the result of the application at the time of sentencing. In responding to such applications, the Bureau of Prisons shall determine, on the basis of the availability of space, whether a defendant who becomes eligible for assignment to a boot camp prison at the time of sentencing will be so assigned. (2) A person convicted of a State criminal offense shall be eligible for assignment to a boot camp if he or she-- (A) is under 25 years of age; (B) has no prior conviction for which he or she has served more than 10 days incarceration; (C) has been sentenced to a term of imprisonment that will be satisfied under the law of the sentencing State if the defendant successfully completes a term of not less than 90 days nor more than 120 days in a boot camp; (D) has been designated by the sentencing court as eligible for assignment to a boot camp; and (E) has consented to the designation. (3) If the Director of the Bureau of Prisons finds that an inmate placed in a boot camp prison pursuant to this subsection has willfully refused to comply with the conditions of confinement in the boot camp, the Director may transfer the inmate back to the jurisdiction of the State sentencing court. (4) A State that refers a prisoner to a boot camp shall reimburse the Bureau of Prisons for the full cost of the incarceration of the prisoner, except that if the prisoner successfully completes the boot camp program, the Bureau of Prisons shall return to the State 20 percent of the amount paid for that prisoner. The total amount returned to each State under this paragraph in each fiscal year shall be used by that State to provide the aftercare supervision and services required by paragraph (e). (g) Post-Release Supervision.--(1) Any State seeking to refer a State prisoner to a boot camp prison shall submit to the Director of the Bureau of Prisons an aftercare plan setting forth the provisions that the State will make for the continued supervision of the prisoner following release. The aftercare plan shall also contain provisions for educational and vocational training and drug or other counseling and treatment where appropriate. (2) The Bureau of Prisons shall develop an aftercare plan setting forth the provisions that will be made for the continued supervision of Federal prisoners following release. The aftercare plan shall also contain provisions for educational and vocational training and drug or other counseling and treatment where appropriate. (h) Evaluation and Report.--(1) Not later than 7 years and 6 months after the date of enactment of this Act, the Attorney General shall evaluate the boot camp prisons and report to Congress on the performance of the boot camp prisons. (2) The report under paragraph (1) shall include an assessment of-- (A) the rate of recidivism of boot camp prisoners as compared with similar defendants in conventional prisons; (B) the cost-effectiveness of boot camp prisons as compared to conventional prisons; and (C) the program's effect on the overcrowding of conventional prisons. (i) Termination.--The boot camp prison program shall be terminated on the date that is 8 years after the date of establishment of the first boot camp. (j) Authorization of Appropriations.--In addition to any other amounts authorized to be appropriated to the Bureau of Prisons, there are authorized to be appropriated $150,000,000 for fiscal year 1994, to remain available until expended, of which-- (1) not more than $12,500,000 shall be used to convert each closed military base to a boot camp prison; and (2) not more than $2,500,000 shall be used to operate each boot camp for 1 fiscal year.

Boot Camp Prison Act of 1993 - Directs the Attorney General to establish within the Bureau of Prisons ten military-style boot camp prisons on closed military installations to provide: (1) a highly regimented schedule of strict discipline, physical training, work, drill, and ceremony characteristic of military basic training; (2) remedial education; (3) counseling as appropriate; and (4) treatment for substance abuse. Sets forth provisions regarding: (1) capacity of such camps; (2) eligibility requirements for Federal and State prisoners; (3) post-release supervision (including aftercare, with provision for educational and vocational training and drug or other counseling and treatment where appropriate); and (4) termination of the program. Directs the Attorney General to evaluate the boot camp prisons and report to the Congress on their performance, including an assessment of the rate of recidivism of boot camp prisoners as compared with similar defendants in conventional prisons, the cost effectiveness of boot camp prisons as compared to conventional prisons, and the program's effect on the overcrowding of conventional prisons. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lovelace Respiratory Research Institute Land Conveyance Act''. SEC. 2. DEFINITION. In this Act: (1) Institute.--The term ``Institute'' means the Lovelace Respiratory Research Institute, a nonprofit organization chartered under the laws of the State of New Mexico. (2) Map.--The term ``map'' means the map entitled ``Lovelace Respiratory Research Institute Land Conveyance'' and dated March 18, 2008. (3) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of Energy, with respect to matters concerning the Department of Energy; (B) the Secretary of the Interior, with respect to matters concerning the Department of the Interior; and (C) the Secretary of the Air Force, with respect to matters concerning the Department of the Air Force. (4) Secretary of energy.--The term ``Secretary of Energy'' means the Secretary of Energy, acting through the Administrator for the National Nuclear Security Administration. SEC. 3. CONVEYANCE OF LAND. (a) In General.--Notwithstanding section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) and subject to valid existing rights and this Act, the Secretary of Energy, in consultation with the Secretary of the Interior and the Secretary of the Air Force, may convey to the Institute, on behalf of the United States, all right, title, and interest of the United States in and to the parcel of land described in subsection (b) for research, scientific, or educational use. (b) Description of Land.--The parcel of land referred to in subsection (a)-- (1) is the approximately 135 acres of land identified as ``Parcel A'' on the map; (2) includes any improvements to the land described in paragraph (1); and (3) excludes any portion of the utility system and infrastructure reserved by the Secretary of the Air Force under subsection (d). (c) Other Federal Agencies.--The Secretary of the Interior and the Secretary of the Air Force shall complete any real property actions, including the revocation of any Federal withdrawals of the parcel conveyed under subsection (a) and the parcel described in section (4)(a), that are necessary to allow the Secretary of Energy to-- (1) convey the parcel under subsection (a); or (2) transfer administrative jurisdiction under section 4. (d) Reservation of Utility Infrastructure and Access.--The Secretary of the Air Force may retain ownership and control of-- (1) any portions of the utility system and infrastructure located on the parcel conveyed under subsection (a); and (2) any rights of access determined to be necessary by the Secretary of the Air Force to operate and maintain the utilities on the parcel. (e) Restrictions on Use.-- (1) Authorized uses.--The Institute shall allow only research, scientific, or educational uses of the parcel conveyed under subsection (a). (2) Reversion.-- (A) In general.--If, at any time, the Secretary of Energy, in consultation with the Secretary of the Air Force, determines, in accordance with subparagraph (B), that the parcel conveyed under subsection (a) is not being used for a purpose described in paragraph (1)-- (i) all right, title, and interest in and to the entire parcel, or any portion of the parcel not being used for the purposes, shall revert, at the option of the Secretary, to the United States; and (ii) the United States shall have the right of immediate entry onto the parcel. (B) Requirements for determination.--Any determination of the Secretary under subparagraph (A) shall be made on the record and after an opportunity for a hearing. (f) Costs.-- (1) In general.--The Secretary of Energy shall require the Institute to pay, or reimburse the Secretary concerned, for any costs incurred by the Secretary concerned in carrying out the conveyance under subsection (a), including any survey costs related to the conveyance. (2) Refund.--If the Secretary concerned collects amounts under paragraph (1) from the Institute before the Secretary concerned incurs the actual costs, and the amount collected exceeds the actual costs incurred by the Secretary concerned to carry out the conveyance, the Secretary concerned shall refund to the Institute an amount equal to difference between-- (A) the amount collected by the Secretary concerned; and (B) the actual costs incurred by the Secretary concerned. (3) Deposit in fund.-- (A) In general.--Amounts received by the United States under this subsection as a reimbursement or recovery of costs incurred by the Secretary concerned to carry out the conveyance under subsection (a) shall be deposited in the fund or account that was used to cover the costs incurred by the Secretary concerned in carrying out the conveyance. (B) Use.--Any amounts deposited under subparagraph (A) shall be available for the same purposes, and subject to the same conditions and limitations, as any other amounts in the fund or account. (g) Contaminated Land.--In consideration for the conveyance of the parcel under subsection (a), the Institute shall-- (1) take fee title to the parcel and any improvements to the parcel, as contaminated; (2) be responsible for undertaking and completing all environmental remediation required at, in, under, from, or on the parcel for all environmental conditions relating to or arising from the release or threat of release of waste material, substances, or constituents, in the same manner and to the same extent as required by law applicable to privately owned facilities, regardless of the date of the contamination or the responsible party; (3) indemnify the United States for-- (A) any environmental remediation or response costs the United States reasonably incurs if the Institute fails to remediate the parcel; or (B) contamination at, in, under, from, or on the land, for all environmental conditions relating to or arising from the release or threat of release of waste material, substances, or constituents; (4) indemnify, defend, and hold harmless the United States from any damages, costs, expenses, liabilities, fines, penalties, claim, or demand for loss, including claims for property damage, personal injury, or death resulting from releases, discharges, emissions, spills, storage, disposal, or any other acts or omissions by the Institute and any officers, agents, employees, contractors, sublessees, licensees, successors, assigns, or invitees of the Institute arising from activities conducted, on or after October 1, 1996, on the parcel conveyed under subsection (a); and (5) reimburse the United States for all legal and attorney fees, costs, and expenses incurred in association with the defense of any claims described in paragraph (4). (h) Contingent Environmental Response Obligations.--If the Institute does not undertake or complete environmental remediation as required by subsection (g) and the United States is required to assume the responsibilities of the remediation, the Secretary of Energy shall be responsible for conducting any necessary environmental remediation or response actions with respect to the parcel conveyed under subsection (a). (i) No Additional Compensation.--Except as otherwise provided in this Act, no additional consideration shall be required for conveyance of the parcel to the Institute under subsection (a). (j) Access and Utilities.--On conveyance of the parcel under subsection (a), the Secretary of the Air Force shall, on behalf of the United States and subject to any terms and conditions as the Secretary determines to be necessary (including conditions providing for the reimbursement of costs), provide the Institute with-- (1) access for employees and invitees of the Institute across Kirtland Air Force Base to the parcel conveyed under that subsection; and (2) access to utility services for the land and any improvements to the land conveyed under that subsection. (k) Additional Term and Conditions.--The Secretary of Energy, in consultation with the Secretary of the Interior and Secretary of the Air Force, may require any additional terms and conditions for the conveyance under subsection (a) that the Secretaries determine to be appropriate to protect the interests of the United States. SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION. (a) In General.--After the conveyance under section 3(a) has been completed, the Secretary of Energy shall, on request of the Secretary of the Air Force, transfer to the Secretary of the Air Force administrative jurisdiction over the parcel of approximately 7 acres of land identified as ``Parcel B'' on the map, including any improvements to the parcel. (b) Removal of Improvements.--In concurrence with the transfer under subsection (a), the Secretary of Energy shall, on request of the Secretary of the Air Force, arrange and pay for removal of any improvements to the parcel transferred under that subsection.

Lovelace Respiratory Research Institute Land Conveyance Act - Directs the Secretary of Energy to convey specified land identified as Parcel A (including any improvements) to the Lovelace Respiratory Research Institute in New Mexico only for research, scientific, or educational use. Requires the Secretaries of the Interior and Air Force to complete any real property actions, including the revocation of any federal withdrawals of Parcels A and B, that are necessary to allow the Secretary to convey Parcel A or to transfer administrative jurisdiction over Parcel B to the Secretary of the Air Force. Authorizes the Secretary of the Air Force to retain ownership and control of: (1) portions of the utility system and infrastructure on Parcel A; and (2) rights of access determined to be necessary to operate and maintain the utilities on such parcel. Requires the Institute to pay or reimburse costs incurred in the conveyance of Parcel A, including related survey costs. Instructs the Institute to take fee title to Parcel A and any improvements, as contaminated. Makes the Institute responsible for completing all environmental remediation required with respect to such parcel for all environmental conditions related to or arising from contamination. Requires the Institute to indemnify the United States for: (1) any environmental remediation or response costs the United States reasonably incurs if the Institute fails to remediate Parcel A or for contamination at, in, under, from, or on the land for all environmental conditions related to or arising from contamination; (2) indemnify, defend, and hold harmless the United States from any damages, expenses, liabilities, penalties, claim, or demand for loss, including injury or death, resulting from releases, storage, or disposal, or any other acts or omissions by the Institute arising from activities conducted on such parcel on or after October 1, 1996; and (3) reimburse the United States for legal and attorney fees and expenses incurred in association with the defense of any claims described in clause 2. Makes the Secretary of Energy responsible for conducting any necessary environmental remediation or response actions with respect to Parcel A if the Institute does not complete the environmental remediation required by this Act. Directs the Secretary of the Air Force to provide the Institute with: (1) access for employees and invitees of the Institute across Kirtland Air Force Base to Parcel A; and (2) access to utility services for such parcel. Requires the Secretary of Energy to arrange and pay for the removal of any improvements made to Parcel B.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tiffany Joslyn Juvenile Accountability Block Grant Program Reauthorization Act of 2017''. SEC. 2. REAUTHORIZATION OF JUVENILE ACCOUNTABILITY BLOCK GRANT PROGRAM. Part R of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ee et seq.) is amended-- (1) in section 1801(b)-- (A) in paragraph (1), by striking ``graduated sanctions'' and inserting ``graduated sanctions and incentives''; (B) in paragraph (3), by striking ``hiring juvenile court judges, probation officers, and court-appointed defenders and special advocates, and''; (C) by striking paragraphs (4) and (7), and redesignating paragraphs (5) through (17) as paragraphs (4) through (15), respectively; and (D) in paragraph (11), as so redesignated, by striking ``research-based bullying, cyberbullying, and gang prevention programs'' and inserting ``interventions such as researched-based anti-bullying, anti-cyberbullying, and gang prevention programs, as well as mental health services and trauma-informed practices''; (2) in section 1802-- (A) in subsection (d)(3), by inserting after ``individualized sanctions'' the following: ``, incentives,''; (B) in subsection (e)(1)(B), by striking ``graduated sanctions'' and inserting ``graduated sanctions and incentives''; and (C) in subsection (f)-- (i) in paragraph (2)-- (I) by inserting after ``A sanction may include'' the following: ``a range of court-approved interventions, such as''; and (II) by inserting after ``a fine,'' the following: ``a restorative justice program,''; and (ii) by inserting after paragraph (2) the following: ``(3) Incentives.--The term `incentives' means individualized, goal-oriented, and graduated responses to a juvenile offender's compliance with court orders and case disposition terms designed to reinforce or modify the skills and behaviors of the juvenile offender. An incentive may include a certificate of achievement, a letter of recommendation, a family or program activity, a meeting or special outing with a community leader, a reduction in community service hours, a reduced curfew or home restriction, a decrease in required court appearances, or a decrease in the term of court-ordered supervision.''; (3) in section 1810(a), by striking ``$350,000,000 for each of fiscal years 2006 through 2009'' and inserting ``$30,000,000 for fiscal year 2020''; and (4) by adding at the end the following: ``SEC. 1811. GRANT ACCOUNTABILITY. ``(a) Definition of Applicable Committees.--In this section, the term `applicable committees' means-- ``(1) the Committee on the Judiciary of the Senate; and ``(2) the Committee on the Judiciary of the House of Representatives. ``(b) Accountability.--All grants awarded by the Attorney General under this part shall be subject to the following accountability provisions: ``(1) Audit requirement.-- ``(A) Definition.--In this paragraph, the term `unresolved audit finding' means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months after the date on which the final audit report is issued. ``(B) Audit.--Beginning in the first fiscal year beginning after the date of enactment of this section, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants awarded by the Attorney General under this part to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. ``(C) Mandatory exclusion.--A recipient of grant funds under this part that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this part during the first 2 fiscal years beginning after the end of the 12-month period described in subparagraph (A). ``(D) Priority.--In awarding grants under this part, the Attorney General shall give priority to eligible applicants that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this part. ``(E) Reimbursement.--If an entity is awarded grant funds under this part during the 2-fiscal-year period during which the entity is barred from receiving grants under subparagraph (C), the Attorney General shall-- ``(i) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and ``(ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. ``(2) Annual certification.--Beginning in the first fiscal year beginning after the date of enactment of this section, the Attorney General shall submit to the applicable committees an annual certification-- ``(A) indicating whether-- ``(i) all audits issued by the Inspector General of the Department of Justice under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director; ``(ii) all mandatory exclusions required under paragraph (1)(C) have been issued; and ``(iii) all reimbursements required under paragraph (1)(E) have been made; and ``(B) that includes a list of any grant recipients excluded under paragraph (1) from the previous year. ``(c) Preventing Duplicative Grants.-- ``(1) In general.--Before the Attorney General awards a grant to an applicant under this part, the Attorney General shall compare potential grant awards with other grants awarded under this part by the Attorney General to determine if duplicate grant awards are awarded for the same purpose. ``(2) Report.--If the Attorney General awards duplicate grants under this part to the same applicant for the same purpose, the Attorney General shall submit to the applicable committees a report that includes-- ``(A) a list of all duplicate grants awarded under this part, including the total dollar amount of any duplicate grants awarded; and ``(B) the reason the Attorney General awarded the duplicate grants.''. SEC. 3. SENSE OF CONGRESS. It is the sense of the Congress that the use of best practices is encouraged for all activities for which grants under part R of title I of the Omnibus Crime Control and Safe Streets Act of 1968 may be used. SEC. 4. EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE. Section 609Y(a) of the Justice Assistance Act of 1984 (34 U.S.C. 50112(a)) is amended by striking ``September 30, 2021'' and inserting ``September 30, 2023''. Passed the House of Representatives September 28, 2018. Attest: KAREN L. HAAS, Clerk.

Tiffany Joslyn Juvenile Accountability Block Grant Program Reauthorization Act of 2017 (Sec. 2) This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to revise and reauthorize for FY2020 the Juvenile Accountability Block Grant (JABG) Program. It subjects JABG grants to accountability measures. The Office of Inspector General in the Department of Justice (DOJ) must conduct annual audits of selected grant recipients. DOJ must submit an annual certification to Congress and identify and report on duplicative grant awards. (Sec. 3) The bill expresses the sense of Congress that the use of best practices is encouraged for activities carried out with JABG funds. (Sec. 4) It amends the Justice Assistance Act of 1984 to eliminate existing authority for DOJ to award grants under the Emergency Federal Law Enforcement Assistance Program through FY2023.

SECTION 1. SHORT TITLE. This Act may be cited as the ``HBCU Innovation Fund Act''. SEC. 2. GRANTS TO PROMOTE INNOVATIONS AT HISTORICALLY BLACK COLLEGES AND UNIVERSITIES. Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et seq.) is amended by inserting after part B the following new part: ``PART C--FUNDING INNOVATIONS AT HISTORICALLY BLACK COLLEGES AND UNIVERSITIES ``SEC. 751. PURPOSE. ``It is the purpose of this part to assist historically Black colleges and universities in planning, developing, implementing, validating, and replicating innovations that provide solutions to persistent challenges in enabling economically and educationally disadvantaged students to enroll in, persist through, and graduate from college, including innovations designed to-- ``(1) improve student achievement at historically Black colleges and universities; ``(2) increase the successful recruitment at historically Black colleges and universities of-- ``(A) students from low-income families of all races; ``(B) adults; and ``(C) military-affiliated students; ``(3) increase the rate at which students enrolled in historically Black colleges and universities make adequate or accelerated progress toward graduation, and successfully graduate from such colleges and universities; ``(4) increase the number of students pursuing and completing degrees in science, technology, engineering, and mathematics at historically Black colleges and universities and pursuing graduate work in such fields, including through the establishment of innovation ecosystems on the campuses of such colleges and universities; ``(5) redesign course offerings and other instructional strategies at historically Black colleges and universities to improve student outcomes and reduce education costs; ``(6) enhance the quality and number of traditional and alternative route teacher preparation programs offered by historically Black colleges and universities; ``(7) expand the effective use of technology at historically Black colleges and universities; and ``(8) strengthen postgraduate employment outcomes for students enrolled in historically Black colleges and universities. ``SEC. 752. DEFINITIONS. ``In this part, the term `eligible entity' means-- ``(1) a part B institution, as defined in section 322(2); ``(2) a part B institution, as so defined, applying in a consortium with one or more other institutions of higher education; ``(3) a part B institution, as so defined, applying in a consortium with one or more private nonprofit organizations; ``(4) a part B institution, as so defined, applying in a consortium with one or more local educational agencies; or ``(5) a part B institution, as so defined, applying in a consortium that includes entities described in more than one of subparagraphs (B), (C), and (D). ``SEC. 753. GRANTS AUTHORIZED. ``(a) In General.--With funds made available for this part under section 757, the Secretary shall make competitive planning and implementation grants, as described in subsections (b) and (c), to eligible entities to enable such entities to plan for the implementation of, in the case of a planning grant, and implement, in the case of an implementation grant, innovations described in section 751 and to support the planning, development, implementation, validation, scaling up, and replication of such innovations. ``(b) Planning Grants.-- ``(1) In general.--Of the funds made available under section 757 for a fiscal year, the Secretary shall use not more than 5 percent or $12,500,000 (whichever is greater) to award planning grants to enable eligible entities to plan, design, and develop innovations described in section 751. ``(2) Duration.--A planning grant authorized under this subsection shall be for the duration of 1 year. ``(3) Grant amounts.--Each planning grant authorized under this subsection shall be in an amount that is not more than $150,000. ``(c) Implementation Grants.-- ``(1) In general.--With funds made available for this part under section 757, the Secretary shall award implementation grants to enable eligible entities to further develop, pilot, field-test, implement, document, validate, and, as applicable, scale up and replicate, innovations described in section 751. ``(2) Duration.--An implementation grant authorized under this subsection shall be for a duration of 5 years, except that the Secretary may not continue providing funds under the grant for more than 3 years unless the eligible entity demonstrates that it has achieved satisfactory progress toward carrying out the educational innovations, activities, and projects described in section 754(d), as determined by the Secretary. ``(3) Grant amount.--Each implementation grant authorized under this subsection shall be in an amount sufficient to enable the eligible entity to achieve the purposes of its proposed activities and projects, but shall not exceed $10,000,000. ``(d) Special Rules for Consortiums.-- ``(1) Fiscal agent.-- ``(A) In general.--In the case of an eligible entity applying for a grant under this part as a consortium described under paragraph (2), (3), (4), or (5) of section 752, each member of the consortium shall agree on 1 such member of such eligibility entity to serve as a fiscal agent of such entity. ``(B) Responsibilities.--The fiscal agent of an eligible entity, as described in subparagraph (A), shall act on behalf of such entity in performing the financial duties of such entity under this part. ``(C) Written agreement.--The agreement described in subparagraph (A) shall be in writing and signed by each member of the consortium. ``(2) Subgrants.--In the case of an eligible entity applying for a grant under this part as a consortium described in paragraph (2), (3), (4), or (5) of section 752, the fiscal agent for such entity (as described in paragraph (1)) may use the funds provided by the grant to make subgrants to members of the consortium. ``SEC. 754. APPLICATIONS. ``(a) In General.--An eligible entity desiring to receive a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(b) Consortium Entities.--An application under this section which is submitted by an eligible entity applying as a consortium described in subparagraph (2), (3), (4), or (5) of section 752 shall include the written agreement described in section 753(d)(1)(C). ``(c) Planning Grants.--The Secretary shall ensure that the application requirements under this section for a planning grant authorized under section 753(b) include, in addition to the requirement in subsection (b) (if applicable), only those minimal requirements that are necessary to review the proposed process of an eligible entity for the planning, design, and development of one or more of the innovations described in section 751. ``(d) Implementation Grants.--An application under this section for an innovation grant authorized under section 753(c) shall include, in addition to the requirement under subsection (b) (if applicable), descriptions of-- ``(1) each innovation described in section 751 that the eligible entity would implement using the funds made available by such grant, including, as applicable, a description of the evidence base supporting such innovation; ``(2) how each such innovation will address the purpose of this part, as described in section 751, and how each such innovation will further the institutional or organizational mission of the part B institution that is part of the eligible entity; ``(3) the specific activities that the eligible entity will carry out with funds made available by such grant, including, in the case of an eligible entity applying as a consortium described in paragraph (2), (3), (4), or (5) of section 752, a description of the activities that each member of the consortium will carry out and a description of the capacity of each such member to carry out those activities; ``(4) the performance measures that the eligible entity will use to track its progress in implementing each such innovation, including a description of how the entity will implement those performance measures and use information on performance to make adjustments and improvements to its implementation activities, as needed, over the course of the grant period; ``(5) how the eligible entity will provide for an independent evaluation of the implementation and impact of the projects funded by such grant, including-- ``(A) an interim report (evaluating the progress made in the first 3 years of the grant); and ``(B) a final report (completed at the end of the grant period); and ``(6) the plan of the eligible entity for continuing each proposed innovation after the grant has ended. ``SEC. 755. PRIORITY. ``In awarding grants under this part, the Secretary shall give priority to applications that address issues of major national need, including-- ``(1) educational innovations designed to increase the number of African-American males who attain a postsecondary degree; ``(2) innovative partnerships between part B institutions and local educational agencies that are designed to increase the enrollment and successful completion of historically underrepresented populations in higher education; ``(3) educational innovations that support developing programs and initiatives in part B institutions to enhance undergraduate and graduate programs in science, technology, engineering, and mathematics; ``(4) innovative partnerships between part B institutions and other organizations to establish innovation ecosystems in support of economic development, entrepreneurship, and the commercialization of technology supported by funded research; ``(5) educational innovations that enhance the quality and number of traditional and alternative route teacher preparation programs at part B institutions to enable teachers to be highly effective in the classroom and to enable such programs to meet the demands for diversity and accountability in teacher education; and ``(6) educational innovations that strengthen postgraduate employment outcomes of part B institutions through the implementation of comprehensive and strategic career pathways for students. ``SEC. 756. USES OF FUNDS. ``(a) Planning Grants.--An eligible entity receiving a planning grant under section 753(b) shall use funds made available by such grant to conduct a comprehensive institutional planning process that includes-- ``(1) an assessment of the needs of the part B institution; ``(2) research on educational innovations described in section 751 that will meet the needs described in paragraph (1); ``(3) the selection of one or more such educational innovations for implementation; ``(4) an assessment of the capacity of the part B institution to implement such educational innovation; and ``(5) activities to further develop such capacity. ``(b) Implementation Grants.--An eligible entity receiving an implementation grant under section 753(c) shall use the funds made available by such grant to further develop, pilot, field-test, implement, document, validate, and, as applicable, scale up, and replicate innovations described in section 751, such as innovations designed to-- ``(1) improve student achievement, such as through activities designed to increase the number or percentage of students who successfully complete developmental or remedial coursework (which may be accomplished through the evidence- based redesign of such coursework) and pursue and succeed in postsecondary studies; ``(2) improve and expand institutional recruitment, postsecondary school awareness, and postsecondary school preparation efforts targeting students, including high- achieving students from low-income families, such as through activities undertaken in partnership with local educational agencies and nonprofit organizations (including the introduction of dual-enrollment programs and the implementation of activities designed to enable more students to enter college without the need for remediation); ``(3) increase the number of minority males who attain a postsecondary degree, such as through evidence-based interventions that integrate academic advising with social and cultural supports and assistance with job placement; ``(4) increase the number or percentage of students who make satisfactory or accelerated progress toward graduation from postsecondary school and the number or percentage who graduate from postsecondary school on time, such as through the provision of comprehensive academic and nonacademic student support services; ``(5) increase the number or percentage of students, particularly students who are members of historically underrepresented populations, who enroll in science, technology, engineering, and mathematics courses, graduate with degrees in such fields, and pursue advanced studies in such fields; ``(6) develop partnerships between part B institutions and other organizations to establish innovation ecosystems in support of economic development, entrepreneurship, and the commercialization of technology supported by funded research; ``(7) implement evidence-based improvements to courses, particularly high-enrollment courses, to improve student outcomes and reduce education costs for students, including costs of remedial courses; ``(8) enhance the quality and number of traditional and alternative route teacher preparation programs at part B institutions to enable graduates to be highly effective in the classroom and to enable such programs to meet the demands for diversity and accountability in teacher education; ``(9) expand the effective use of technology in higher education, such as through collaboration between institutions on implementing technology-enabled delivery models (including hybrid models) or through the use of open educational resources and digital content; ``(10) strengthen postgraduate employment outcomes through the implementation of comprehensive and strategic career pathways for students, which may include aligning curricula with workforce needs, experiential learning, integration of career services, and developing partnerships with employers and business organizations; and ``(11) provide a continuum of solutions by incorporating activities that address multiple objectives described in paragraphs (1) through (10). ``SEC. 757. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out activities under this part-- ``(1) $250,000,000 for fiscal year 2017; and ``(2) such sums as may be necessary for each of the 6 succeeding fiscal years.''.

HBCU Innovation Fund Act This bill amends title VII (Graduate and Postsecondary Improvement Programs) of the Higher Education Act of 1965 to establish a competitive grant program for historically black colleges and universities to plan, develop, and implement innovations that enable disadvantaged students to enroll in, persist through, and graduate from college.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Care for Seniors Act of 2013''. SEC. 2. REINSTATEMENT OF 3-MONTH OPEN ENROLLMENT AND DISENROLLMENT PERIOD FOR MEDICARE ADVANTAGE. Section 1851(e)(2) of the Social Security Act (42 U.S.C. 1395w- 1(e)(2)) is amended-- (1) in subparagraph (C), by inserting ``and ending with 2013'' after ``(beginning with 2011''; and (2) by adding at the end the following new subparagraph: ``(F) Continuous open enrollment and disenrollment for first 3 months in subsequent years.-- ``(i) In general.--Subject to subparagraph (D), at any time during the first 3 months of a year (beginning with 2014), or, if the individual first becomes a Medicare Advantage eligible individual during a year after 2014, during the first 3 months of such year in which the individual is a Medicare Advantage eligible individual, a Medicare Advantage eligible individual may change the election under subsection (a)(1). ``(ii) Limitation of one change during open enrollment period each year.--An individual may exercise the right under clause (i) only once during the applicable 3-month period described in such clause in each year. The limitation under this clause shall not apply to changes in elections effected during an annual, coordinated election period under paragraph (3) or during a special election period under paragraph (4). ``(iii) Application to part d for individuals changing enrollment from ma to fee- for-service.--The previous provisions of this subparagraph shall only apply with respect to changes in enrollment in a prescription drug plan under part D in the case of an individual who, previous to such change in enrollment, is enrolled in a Medicare Advantage plan.''. SEC. 3. PERMITTING INCENTIVES FOR PARTICIPATION IN HEALTH CARE IMPROVEMENT PROGRAMS. (a) In General.--Section 1859 of the Social Security Act (42 U.S.C. 1395w-28) is amended by adding at the end the following new subsection: ``(h) Permitting MA Organizations To Provide Incentives for Participation in Health Care Improvement Programs.-- ``(1) In general.--An MA organization may offer to individuals enrolled in an MA plan offered by such organization one or more incentive programs that are designed to improve the health care of such individuals by providing one or more incentives, such as the reducing or waiving of copayment amounts, that reward individuals for participation in such a program, if-- ``(A) the incentive program meets the requirements described in paragraph (2); and ``(B) the MA organization provides to the Secretary such information on participation and performance in the incentive program as the Secretary may specify. ``(2) Requirements.--The requirements described in this paragraph, with respect to an incentive program offered by an MA organization to individuals enrolled in an MA plan offered by such organization, are as follows: ``(A) Incentive only upon completion of program.-- In the case of a program that consists of multiple sessions or other multiple activities, any incentive offered under the program is offered only upon completion of all such sessions or activities. ``(B) Nondiscrimination.--Participation in the program is offered to all such individuals. ``(C) No cash or monetary incentive.-- ``(i) In general.--No incentive under the program is in the form of cash or any other monetary rebate. ``(ii) Construction.--Nothing in clause (i) may be construed as preventing the offering of an incentive in the form of a reduction or waiver of copayment amounts or deductibles. ``(3) Waiver authority.--The Secretary may waive such requirements of this title and title XI, except for sections 1128A, 1128B(b), and 1877, as may be necessary to carry out the purposes of the program established under this subsection. ``(4) Program not taken into account for bid amount.--The program may not be taken into account for purposes of the monthly bid amount submitted by the organization under section 1854(a)(6) and provisions relating to the monthly bid amount. ``(5) Encouragement to participate in activities offered by certain persons or entities.--An MA organization may, as part of an incentive program offered by such organization to individuals under this subsection, require or otherwise encourage such individuals to participate in activities designed to improve the health care of such individuals that are offered by persons or entities specified by such organization, such as persons or entities that the organization has identified as performing well on quality metrics identified by the organization.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect for plan years beginning on or after the date of the enactment of this Act. SEC. 4. COST SHARING VARIATION PERMITTED TO ENCOURAGE USE OF HIGH QUALITY PROVIDERS. Section 1852 of the Social Security Act (42 U.S.C. 1395w-22) is amended-- (1) in subsection (a)(1)(B)-- (A) in clause (i), by striking ``clause (iii)'' and inserting ``clauses (iii) and (vi)''; and (B) by adding at the end the following new clause: ``(vi) Cost sharing variation permitted to encourage use of high quality providers.-- Notwithstanding subsection (b), an MA plan offered by an MA organization may, through mechanisms such as value based insurance design (VBID) practices, vary cost-sharing for the purpose of encouraging enrollees to use providers that such organization has identified as performing well on quality metrics identified by the organization. Any such variation on cost-sharing by an MA organization must occur on an annual basis. An MA organization may not vary cost-sharing pursuant to this paragraph during a plan year.''; and (2) in subsection (b)(2), by striking ``A Medicare+Choice'' and inserting ``Subject to subsection (a)(1)(B)(vi), a Medicare Advantage''. SEC. 5. IMPROVEMENTS TO RISK ADJUSTMENT SYSTEM. Section 1853(a)(1)(C) of the Social Security Act (42 U.S.C. 1395w- 23(a)(1)(C)) is amended by adding at the end the following new clauses: ``(iv) Revision of risk adjustment system to account for chronic conditions and two years of diagnostic data.-- ``(I) In general.--The Secretary shall evaluate and, as the Secretary determines appropriate, revise for 2017 and periodically thereafter the risk adjustment system under this subparagraph so that a risk score under such system, with respect to an individual, takes into account the number of chronic conditions with which the individual has been diagnosed, and at least two years of diagnostic data including such data obtained during health risk assessments regarding the individual, to the extent that two years of such data are available. ``(II) Periodic reporting to congress.--With respect to plan years beginning in 2017 and every third year thereafter, the Secretary shall submit to Congress a report on the most recent revisions (if any) made under subclause (I). ``(v) No changes to adjustment factors that prevent activities consistent with national health policy goals.--In making any changes to the adjustment factors, including adjustment for health status under paragraph (3), the Secretary shall ensure that the changes do not prevent MA organizations from performing or undertaking activities that are consistent with national health policy goals, including activities to promote early detection and better care coordination, the use of health risk assessments, care plans, and programs to slow the progression of chronic diseases. ``(vi) Opportunity for review and public comment regarding changes to adjustment factors.--For any changes to adjustment factors effective for 2015 and subsequent years, in addition to providing notice of such changes in the announcement under subsection (b)(2), the Secretary shall provide an opportunity for review of proposed changes and a public comment period of not less than 60 days before implementing such changes.''. SEC. 6. IMPROVEMENTS TO MA 5-STAR QUALITY RATING SYSTEM. Section 1853(o)(4) of the Social Security Act (42 U.S.C. 1395w- 23(o)(4)) is amended by adding at the end the following new subparagraph: ``(C) Plans with disproportionately high enrollment of individuals with complex health care needs.-- ``(i) In general.--The Secretary shall take such steps as are necessary to ensure that the 5-star rating system described in subparagraph (A)-- ``(I) does not disadvantage a plan that enrolls a disproportionately high proportion of enrollees who are full- benefit dual eligible individuals (as defined in section 1935(c)(6)), subsidy eligible individuals (as defined in section 1860D-14(a)(3)), or other individuals with complex health care needs such as individuals with multiple conditions; and ``(II) allows adjustments to account for differences in socioeconomic and demographic characteristics of enrollees and geographic variation in health outcomes. ``(D) Announcement of changes two years prior to end of performance period.--The Secretary may not implement any change in the 5-star rating system described in subparagraph (A) with respect to any performance period used as part of such system unless the Secretary announces such change at least one year prior to the beginning of any such period.''.

Securing Care for Seniors Act of 2013 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to terminate after 2013 the permission to disenroll, between January 1 and March 15 of each year, only from a MedicareAdvantage (MA) plan to elect enrollment in the original Medicare fee-for-service program. Restores the option under previous law to elect to change from an MA plan to the original Medicare fee-for-service plan, or from the original Medicare fee-for-service to an MA plan, once a year during the first three months. Permits an MA organization to offer individuals enrolled in one of its MA plans one or more incentive programs designed to improve their health care. Permits an MA plan, through mechanisms such as value based insurance design (VBID) practices, to vary cost sharing for the purpose of encouraging enrollees to use providers that the MA organization has identified as performing well on quality metrics. Directs the Secretary of Health and Human Services (HHS) to evaluate and, as appropriate, revise for 2017 and periodically thereafter the risk adjustment system so that a risk score, with respect to an individual, takes into account the number of chronic conditions with which the individual has been diagnosed, and, to the extent available, at least two years of diagnostic data including data obtained during the individual's health risk assessments. Requires the Secretary to take steps necessary to ensure that the MA 5-star rating system: (1) does not disadvantage a plan that enrolls a disproportionately high proportion of enrollees who are full-benefit dual eligible individuals, subsidy eligible individuals, or other individuals with complex health care needs such as individuals with multiple conditions; and (2) allows adjustments to account for differences in socioeconomic and demographic characteristics of enrollees and geographic variation in health outcomes.

SECTION 1. SHORT TITLE, ETC. (a) Short Title.--This Act may be cited as the ``Powering American Jobs Act of 2014''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title, etc. Sec. 2. Extension and modification of credit for nonbusiness energy property. Sec. 3. Extension of excise tax credits relating to certain fuels. Sec. 4. Extension of credit for alternative fuel vehicle refueling property. Sec. 5. Extension of incentives for biodiesel and renewable diesel. Sec. 6. Equalization of excise tax on liquefied natural gas and liquefied petroleum gas. SEC. 2. EXTENSION AND MODIFICATION OF CREDIT FOR NONBUSINESS ENERGY PROPERTY. (a) In General.--Paragraph (2) of section 25C(g) is amended by striking ``December 31, 2013'' and inserting ``December 31, 2015''. (b) Updated Energy Star Requirements for Windows, Doors, Skylights, and Roofing.-- (1) In general.--Paragraph (1) of section 25C(c) is amended by striking ``which meets'' and all that follows through ``requirements)''. (2) Energy efficient building envelope component.-- Subsection (c) of section 25C is amended by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and by inserting after paragraph (1) the following new paragraph: ``(2) Energy efficient building envelope component.--The term `energy efficient building envelope component' means a building envelope component which meets-- ``(A) applicable Energy Star program requirements, in the case of a roof or roof products, ``(B) version 6.0 Energy Star program requirements, in the case of an exterior window, a skylight, or an exterior door, and ``(C) the prescriptive criteria for such component established by the 2009 International Energy Conservation Code, as such Code (including supplements) is in effect on the date of the enactment of the American Recovery and Reinvestment Tax Act of 2009, in the case of any other component.''. (3) Conforming amendment.--Subparagraph (D) of section 25C(c)(3), as so redesignated, is amended to read as follows: ``(D) any roof or roof products which are installed on a dwelling unit and are specifically and primarily designed to reduce the heat gain of such dwelling unit.''. (c) Separate Standards for Tankless and Storage Water Heaters.-- Subparagraph (D) of section 25C(d)(3) is amended by striking ``which has either'' and all that follows and inserting ``which has-- ``(i) in the case of a natural gas, propane, or oil storage water heater, an energy factor of at least 0.80 or a thermal efficiency of at least 90 percent, ``(ii) in the case of an electric heat pump storage water heater, an energy factor of at least 2.0, ``(iii) effective April 16, 2015, in the case of a natural gas, propane, or oil storage water heater, with a rated BTU input of no more than 75,000 BTU/hr, an energy factor of at least 0.80 or, with a rated BTU input greater than 75,000 BTU/hr, a thermal efficiency of at least 90 percent, ``(iv) effective April 16, 2015, in the case of an electric heat pump storage water heater, with a water storage capacity equal to or less than 55 gallons, an energy factor of at least 2.0 or, with a water storage capacity equal to or greater than 55 gallons, an energy factor of at least 2.2, and ``(v) in the case of any other water heater, an energy factor of at least 0.90 or a thermal efficiency of at least 90 percent, and''. (d) Modification of Testing Standards for Biomass Stoves.-- Subparagraph (E) of section 25C(d)(3) is amended by inserting before the period the following: ``, when tested using the higher heating value of the fuel and in accordance with the Canadian Standards Administration B415.1 test protocol''. (e) Modifications to Residential Energy Property Expenditures.-- (1) Qualified natural gas, propane, or oil furnaces or hot water boilers.--Paragraph (4) of section 25C(d) is amended to read as follows: ``(4) Qualified natural gas, propane, or oil furnace or hot water boiler.--The term `qualified natural gas, propane, or oil furnace or hot water boiler' means-- ``(A) a natural gas or propane furnace which achieves an annual fuel utilization efficiency rate of not less than 95, ``(B) a natural gas or propane hot water boiler which achieves an annual fuel utilization efficiency rate of not less than 90, and ``(C) an oil furnace or hot water boiler which-- ``(i) achieves an annual fuel utilization efficiency rate of not less than 87, and ``(ii)(I) in the case of a hot water boiler, is installed with an indirect water heater, and ``(II) in the case of a furnace, is installed with an electronically commutated blower motor.''. (f) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2013. SEC. 3. EXTENSION OF EXCISE TAX CREDITS RELATING TO CERTAIN FUELS. (a) Excise Tax Credits and Outlay Payments for Biodiesel and Renewable Diesel Fuel Mixtures.-- (1) Paragraph (6) of section 6426(c) is amended by striking ``December 31, 2013'' and inserting ``December 31, 2015''. (2) Subparagraph (B) of section 6427(e)(6) is amended by striking ``December 31, 2013'' and inserting ``December 31, 2015''. (b) Extension of Alternative Fuels Excise Tax Credits.-- (1) In general.--Sections 6426(d)(5) and 6426(e)(3) are each amended by striking ``December 31, 2013'' and inserting ``December 31, 2015''. (2) Outlay payments for alternative fuels.--Subparagraph (C) of section 6427(e)(6) is amended by striking ``December 31, 2013'' and inserting ``December 31, 2015''. (c) Extension of Alternative Fuels Excise Tax Credits Relating to Liquefied Hydrogen.-- (1) In general.--Sections 6426(d)(5) and 6426(e)(3), as amended by subsection (b), are each amended by striking ``(September 30, 2014 in the case of any sale or use involving liquefied hydrogen)''. (2) Outlay payments for alternative fuels.--Paragraph (6) of section 6427(e) is amended-- (A) by striking ``except as provided in subparagraph (D), any'' in subparagraph (C), as amended by this Act, and inserting ``any'', (B) by striking the comma at the end of subparagraph (C) and inserting ``, and'', and (C) by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D). (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to fuel sold or used after December 31, 2013. (2) Liquefied hydrogen.--The amendments made by subsection (c) shall apply to fuels sold or used after September 30, 2014. (e) Special Rule for Certain Periods During 2014.--Notwithstanding any other provision of law, in the case of-- (1) any biodiesel mixture credit properly determined under section 6426(c) of the Internal Revenue Code of 1986 for periods after December 31, 2013, and before the date of the enactment of this Act, and (2) any alternative fuel credit properly determined under section 6426(d) of such Code for such periods, such credit shall be allowed, and any refund or payment attributable to such credit (including any payment under section 6427(e) of such Code) shall be made, only in such manner as the Secretary of the Treasury (or the Secretary's delegate) shall provide. Such Secretary shall issue guidance within 30 days after the date of the enactment of this Act providing for a one-time submission of claims covering periods described in the preceding sentence. Such guidance shall provide for a 180-day period for the submission of such claims (in such manner as prescribed by such Secretary) to begin not later than 30 days after such guidance is issued. Such claims shall be paid by such Secretary not later than 60 days after receipt. If such Secretary has not paid pursuant to a claim filed under this subsection within 60 days after the date of the filing of such claim, the claim shall be paid with interest from such date determined by using the overpayment rate and method under section 6621 of such Code. SEC. 4. EXTENSION OF CREDIT FOR ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY. (a) In General.--Subsection (g) of section 30C is amended by striking ``placed in service'' and all that follows and inserting ``placed in service after December 31, 2015.''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2013. SEC. 5. EXTENSION OF INCENTIVES FOR BIODIESEL AND RENEWABLE DIESEL. (a) Credits for Biodiesel and Renewable Diesel Used as Fuel.-- Subsection (g) of section 40A is amended by striking ``December 31, 2013'' and inserting ``December 31, 2015''. (b) Effective Date.--The amendment made by this section shall apply to fuel sold or used after December 31, 2013. SEC. 6. EQUALIZATION OF EXCISE TAX ON LIQUEFIED NATURAL GAS AND LIQUEFIED PETROLEUM GAS. (a) Liquefied Petroleum Gas.-- (1) In general.--Subparagraph (B) of section 4041(a)(2) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause: ``(ii) in the case of liquefied petroleum gas, 18.3 cents per energy equivalent of a gallon of gasoline, and''. (2) Energy equivalent of a gallon of gasoline.--Paragraph (2) of section 4041(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(C) Energy equivalent of a gallon of gasoline.-- For purposes of this paragraph, the term `energy equivalent of a gallon of gasoline' means, with respect to a liquefied petroleum gas fuel, the amount of such fuel having a Btu content of 115,400 (lower heating value).''. (b) Liquefied Natural Gas.-- (1) In general.--Subparagraph (B) of section 4041(a)(2) of the Internal Revenue Code of 1986, as amended by subsection (a)(1), is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'' and by inserting after clause (iii) the following new clause: ``(iv) in the case of liquefied natural gas, 24.3 cents per energy equivalent of a gallon of diesel.''. (2) Energy equivalent of a gallon of diesel.--Paragraph (2) of section 4041(a) of the Internal Revenue Code of 1986, as amended by subsection (a)(2), is amended by adding at the end the following: ``(D) Energy equivalent of a gallon of diesel.--For purposes of this paragraph, the term `energy equivalent of a gallon of diesel' means, with respect to a liquefied natural gas fuel, the amount of such fuel having a Btu content of 128,700 (lower heating value).''. (3) Conforming amendments.--Section 4041(a)(2)(B)(iv) of the Internal Revenue Code of 1986, as redesignated by subsection (a)(1) and paragraph (1), is amended-- (A) by striking ``liquefied natural gas,'', and (B) by striking ``peat), and'' and inserting ``peat) and''. (c) Effective Date.--The amendments made by this section shall apply to any sale or use of fuel after September 30, 2014.

Powering American Jobs Act of 2014 - Amends the Internal Revenue Code to extend through 2015: (1) the tax credit for nonbusiness energy efficient improvements; (2) excise tax credits and payments for alternative fuels, biodiesel and renewable diesel fuel mixtures, and alternative fuels relating to liquefied hydrogen; (3) the tax credit for alternative fuel vehicle refueling property expenditures; and (4) the income tax credit for biodiesel and renewable fuels. Equalizes the excise tax rate for liquefied natural gas and liquefied petroleum gas. Modifies energy efficiency standards for windows, doors, skylights, roofing, water heaters, biomass stoves, and furnaces or hot water boilers.

SECTION 1. COOPERATION AND SUPPORT FOR DESIGNATED GATEWAY COMMUNITIES. (a) Short Title.--This Act may be cited as the ``Healthy Public Lands, Healthy Communities Act''. (b) Technical Assistance, Cooperation, and Training.-- (1) In general.--The Secretary of the Interior and the Secretary of Agriculture may cooperate with and may provide technical assistance to any designated gateway community where the relevant Secretary determines that the results of such cooperation and assistance are likely to benefit both the protection of resources managed by the Secretary and the community. (2) Technical assistance.--At the request of the government of a designated gateway community, the relevant Secretary may assign, on a temporary basis, an agency employee or contractor to work with the community to develop mutually compatible land use or management plans or policies for the general area. (3) Training sessions.--The Secretary of the Interior and the Secretary of Agriculture may offer training sessions for elected and appointed officials of designated gateway communities at which such officials can obtain a better understanding of-- (A) agency planning processes; and (B) the methods by which they can participate most meaningfully in the development of agency plans, decisions, and policies, including information regarding the process whereby units of local government may obtain status as cooperating agencies under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (4) Coordination of land use.--To the extent consistent with the laws governing the administration of the Federal public lands, and at the request of the government of a designated gateway community, the Secretary of the Interior and the Secretary of Agriculture may enter into cooperative agreements with designated gateway communities to provide for coordination between-- (A) the land use inventory, planning, and management activities for Federal lands administered by the relevant Secretary; (B) the land use inventory, planning, and management activities for lands administered by the designated gateway community; and (C) where relevant, such cooperative agreements may also include the land use planning and management activities of other Federal agencies, agencies of the State in which the Federal lands are located, and local and tribal governments in the vicinity of the Federal lands. (5) Interagency cooperation and coordination.--To the extent practicable and when consistent with applicable laws and regulations of each respective Federal land management agency, when the plans and activities of 2 or more Federal land management agencies are anticipated to have a significant impact on a designated gateway community, the Federal land agencies involved may consolidate and coordinate their plans and planning processes to facilitate the participation of the designated gateway community in the planning processes. (6) Authorization of appropriations.--There is authorized to be appropriated not more than $1,000,000 in any fiscal year for use by the relevant Secretary to carry out this section. (c) Grants.-- (1) Authority.--The Secretary of the Interior and the Secretary of Agriculture may make grants to designated gateway communities for the purposes described in this section. (2) Criteria.--The Secretaries shall jointly develop criteria for awarding of grants under this subsection. (3) Authorization of appropriations.--There is authorized to be appropriated not more than $1,000,000 in any fiscal year for grants under this subsection. (d) Designated Gateway Community.--For purposes of this section, the term ``designated gateway community'' means a county, city, town, village, or other subdivision of a State, or a federally recognized Indian tribe or Alaska Native village, that-- (1) is incorporated or recognized in a county or regional land use plan; (2) the Secretary of the Interior or the Secretary of Agriculture determines is significantly affected economically, socially, or environmentally by planning and management decisions regarding Federal lands administered by the relevant Secretary; and (3) has entered into a cooperative agreement with the relevant Secretary pursuant to subsection (b)(4).

Healthy Public Lands, Healthy Communities Act - Permits the Secretaries of the Interior and Agriculture to cooperate with and provide technical assistance to any designated gateway community where the results of such interaction are likely to benefit both the protection of resources managed by the Secretary and the gateway community. Defines a gateway community as a community meeting certain criteria, including that it is significantly affected economically, socially, or environmentally by planning and management decisions regarding Federal lands administered by the relevant Secretary.Allows the Secretaries to offer training sessions for officials of gateway communities to give such officials a better understanding of the methods by which they can most meaningfully participate in the development of agency plans, decisions, and policies.Permits the Secretaries to enter into agreements with gateway communities to provide for coordination of land use between the relevant Secretary and a gateway community.Authorizes both Secretaries to make grants to gateway communities for the purposes described in this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Library of Congress Fiscal Operations Improvement Act of 2000''. TITLE I--LIBRARY OF CONGRESS REVOLVING FUNDS SEC. 101. REVOLVING FUND FOR AUDIO AND VIDEO DUPLICATION SERVICES ASSOCIATED WITH AUDIOVISUAL CONSERVATION CENTER. (a) Establishment.--There is hereby established in the Treasury a revolving fund for audio and video duplication and delivery services provided by the Librarian of Congress (hereafter in this Act referred to as the ``Librarian'') which are associated with the national audiovisual conservation center established under the Act entitled ``An Act to authorize acquisition of certain real property for the Library of Congress, and for other purposes'', approved December 15, 1997 (Public Law 105-144; 2 U.S.C. 141 note). (b) Fees for Services.--The Librarian may charge a fee for providing services described in subsection (a), and shall deposit any such fees charged into the revolving fund under this section. (c) Contents of Fund.-- (1) In general.--The revolving fund under this section shall consist of the following amounts: (A) Amounts deposited by the Librarian under subsection (b). (B) Any other amounts received by the Librarian which are attributable to the services described in subsection (a). (C) Amounts deposited by the Librarian under paragraph (2). (D) Such other amounts as may be appropriated under law. (2) Deposit of funds during transition.--The Librarian shall transfer to the revolving fund under this section the following: (A) Any obligated, unexpended balances existing as of the date of the transfer which are attributable to the services described in subsection (a). (B) An amount equal to the difference as of such date between-- (i) the total value of the supplies, inventories, equipment, gift fund balances, and other assets attributable to such services; and (ii) the total value of the liabilities attributable to such services. (d) Use of Amounts in Fund.--Amounts in the revolving fund under this section shall be available to the Librarian, in amounts specified in appropriations Acts and without fiscal year limitation, to carry out the services described in subsection (a). SEC. 102. REVOLVING FUND FOR GIFT SHOP, DECIMAL CLASSIFICATION, PHOTO DUPLICATION, AND RELATED SERVICES. (a) Establishment.--There is hereby established in the Treasury a revolving fund for the following programs and activities of the Librarian: (1) Decimal classification development. (2) The operation of a gift shop or other sales of items associated with collections, exhibits, performances, and special events of the Library of Congress. (3) Document reproduction and microfilming services. (b) Individual Accounting Requirement.--A separate account shall be maintained in the revolving fund under this section with respect to the programs and activities described in each of the paragraphs of subsection (a). (c) Fees for Services.--The Librarian may charge a fee for services under any of the programs and activities described in subsection (a), and shall deposit any such fees charged into the account of the revolving fund under this section for such program or activity. (d) Contents of Accounts in Fund.-- (1) In general.--Each account of the revolving fund under this section shall consist of the following amounts: (A) Amounts deposited by the Librarian under subsection (c). (B) Any other amounts received by the Librarian which are attributable to the programs and activities covered by such account. (C) Amounts deposited by the Librarian under paragraph (2). (D) Such other amounts as may be appropriated under law. (2) Deposit of funds during transition.--The Librarian shall transfer to each account of the revolving fund under this section the following: (A) Any obligated, unexpended balances existing as of the date of the transfer which are attributable to the programs and activities covered by such account. (B) An amount equal to the difference as of such date between-- (i) the total value of the supplies, inventories, equipment, gift fund balances, and other assets attributable to such programs and activities; and (ii) the total value of the liabilities attributable to such programs and activities. (e) Use of Amounts.--Amounts in the accounts of the revolving fund under this section shall be available to the Librarian, in amounts specified in appropriations Acts and without fiscal year limitation, to carry out the programs and activities covered by such accounts. SEC. 103. REVOLVING FUND FOR FEDLINK PROGRAM AND FEDERAL RESEARCH PROGRAM. (a) Establishment.--There is hereby established in the Treasury a revolving fund for the Federal Library and Information Network program (hereafter in this Act referred to as the ``FEDLINK program'') of the Library of Congress (as described in subsection (f)(1)) and the Federal Research program of the Library of Congress (as described in subsection (f)(2)). (b) Individual Accounting Requirement.--A separate account shall be maintained in the revolving fund under this section with respect to the programs described in subsection (a). (c) Fees for Services.-- (1) In general.--The Librarian may charge a fee for services under the FEDLINK program and the Federal Research program, and shall deposit any such fees charged into the account of the revolving fund under this section for such program. (2) Advances of funds.--Participants in the FEDLINK program and the Federal Research program shall pay for products and services of the program by advance of funds-- (A) if the Librarian determines that amounts in the Revolving Fund are otherwise insufficient to cover the costs of providing such products and services; or (B) upon agreement between participants and the Librarian. (d) Contents of Fund.-- (1) In general.--Each account of the revolving fund under this section shall consist of the following amounts: (A) Amounts deposited by the Librarian under subsection (c). (B) Any other amounts received by the Librarian which are attributable to the program covered by such account. (C) Amounts deposited by the Librarian under paragraph (2). (D) Such other amounts as may be appropriated under law. (2) Deposit of funds during transition.--Notwithstanding section 1535(d) of title 31, United States Code, the Librarian shall transfer to the appropriate account of the revolving fund under this section the following: (A) Any obligated, unexpended balances existing as of the date of the transfer which are attributable to the FEDLINK program or the Federal Research program. (B) An amount equal to the difference as of such date between-- (i) the total value of the supplies, inventories, equipment, gift fund balances, and other assets attributable to such program; and (ii) the total value of the liabilities attributable to such program. (e) Use of Amounts in Fund.--Amounts in the accounts of the revolving fund under this section shall be available to the Librarian, in amounts specified in appropriations Acts and without fiscal year limitation, to carry out the program covered by each such account. (f) Programs Described.-- (1) FEDLINK.--In this section, the ``FEDLINK program'' is the program of the Library of Congress under which the Librarian provides the following services on behalf of participating Federal libraries, Federal information centers, other entities of the Federal Government, and the District of Columbia: (A) The procurement of commercial information services, publications in any format, and library support services. (B) Related accounting services. (C) Related education, information, and support services. (2) Federal research program.--In this section, the ``Federal Research program'' is the program of the Library of Congress under which the Librarian provides research reports, translations, and analytical studies for entities of the Federal Government and the District of Columbia (other than any program of the Congressional Research Service). SEC. 104. AUDITS BY COMPTROLLER GENERAL. Each of the revolving funds established under this title shall be subject to audit by the Comptroller General at the Comptroller General's discretion. SEC. 105. EFFECTIVE DATE. The provisions of this title shall apply with respect to fiscal year 2002 and each succeeding fiscal year. TITLE II--LIBRARY OF CONGRESS TRUST FUND BOARD SEC. 201. REVISIONS TO MEMBERSHIP AND OPERATION OF LIBRARY OF CONGRESS TRUST FUND BOARD. (a) Addition of Vice Chair of Joint Committee on the Library as Board Member.--Section 1 of the Act entitled ``An Act to create a Library of Congress Trust Fund Board, and for other purposes'', approved March 3, 1925 (2 U.S.C. 154), is amended in the first sentence of the first paragraph by inserting ``and the vice chair'' after ``chairman''. (b) Quorum Requirement.--Section 1 of such Act (2 U.S.C. 154) is amended in the second sentence of the first paragraph by striking ``Nine'' and inserting ``Seven''. (c) Temporary Extension of Board Member Term.--Section 1 of such Act (2 U.S.C. 154) is amended in the first paragraph by inserting after the first sentence the following: ``Upon request of the chair of the Board, any member whose term has expired may continue to serve on the Trust Fund Board until the earlier of the date on which such member's successor is appointed or the expiration of the 1-year period which begins on the date such member's term expires.''. SEC. 202. EFFECTIVE DATE. The amendments made by this title shall take effect on the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Title II: Library of Congress Trust Fund Board - Revises the composition of the Library of Congress Trust Fund Board to include the vice chair of the Joint Committee on the Library. Decreases from nine to seven members the Board's quorum for the transaction of business. Provides for a temporary extension of Board members' terms.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Carson City Mint 150th Anniversary Commemorative Coin Act of 2018''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Carson City Mint played an important role in the founding of the Great American West. (2) Congress established the Carson City Mint in 1863 to serve the coinage needs brought on by the Comstock Lode during the silver rush in Nevada. (3) The Carson City Mint was designed by Alfred Mullett, the supervising architect for the United States Department of the Treasury. (4) The brick used to construct the Carson City Mint was manufactured at the Adams Brick Works in Genoa, operated by the grandsons of John Quincy Adams. (5) The opening of the Carson City Mint was delayed due to the Civil War. (6) The Carson City Mint opened in December of 1869, and produced its first coins on February 11, 1870. (7) Coins struck at the Carson City Mint were distinguished by the ``CC'' mint mark. (8) The Carson City Mint coined more than $49,000,000 of silver and gold. (9) The Carson City Mint ended coin production in 1893, due to reduced mining of the Comstock Lode. (10) The Carson City Mint is listed on the National Register of Historic Places. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--Notwithstanding any other provision of law, and in commemoration of the Carson City Mint's 150th Anniversary, the Secretary of the Treasury (hereinafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) In General.--The design of the coins minted under this Act shall be emblematic of the Carson City Mint building, its importance to Nevada and the Nation's history, and its 150th anniversary. (b) Designation and Inscriptions.--On each coin minted under this Act, there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``2020''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Nevada State Museum Dedicated Trust Fund; (2) reviewed by the Citizens Coinage Advisory Committee; and (3) selected in a timely fashion, which allows for the minting of such coins to begin as quickly as possible. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2020. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid to the Nevada State Museum Dedicated Trust Fund, for the purpose of supporting the Nevada State Museum mission. (c) Audits.--The Nevada State Museum Dedicated Trust Fund shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in a net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to the recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

Carson City Mint 150th Anniversary Commemorative Coin Act of 2018 This bill directs the Department of the Treasury to mint and issue $5 gold coins and $1 silver coins in commemoration of the 150th anniversary of the Carson City Mint in Carson City, Nevada. All surcharges from sales of such coins shall be paid to the Nevada State Museum Dedicated Trust Fund.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Permanent Electronic Duck Stamp Act of 2012''. SEC. 2. DEFINITIONS. In this Act: (1) Actual stamp.--The term ``actual stamp'' means a Federal migratory-bird hunting and conservation stamp required under the Act of March 16, 1934 (16 U.S.C. 718a et seq.) (popularly known as the ``Duck Stamp Act''), that is printed on paper and sold through the means established by the authority of the Secretary immediately before the date of enactment of this Act. (2) Automated licensing system.-- (A) In general.--The term ``automated licensing system'' means an electronic, computerized licensing system used by a State fish and wildlife agency to issue hunting, fishing, and other associated licenses and products. (B) Inclusion.--The term ``automated licensing system'' includes a point-of-sale, Internet, telephonic system, or other electronic applications used for a purpose described in subparagraph (A). (3) Electronic stamp.--The term ``electronic stamp'' means an electronic version of an actual stamp that-- (A) is a unique identifier for the individual to whom it is issued; (B) can be printed on paper or produced through an electronic application with the same indicators as the State endorsement provides; (C) is issued through a State automated licensing system that is authorized, under State law and by the Secretary under this Act, to issue electronic stamps; (D) is compatible with the hunting licensing system of the State that issues the electronic stamp; and (E) is described in the State application approved by the Secretary under section 4(b). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. AUTHORITY TO ISSUE ELECTRONIC DUCK STAMPS. (a) In General.--The Secretary may authorize any State to issue electronic stamps in accordance with this Act. (b) Consultation.--The Secretary shall implement this section in consultation with State management agencies. SEC. 4. STATE APPLICATION. (a) Approval of Application Required.--The Secretary may not authorize a State to issue electronic stamps under this Act unless the Secretary has received and approved an application submitted by the State in accordance with this section. The Secretary may determine the number of new States per year to participate in the electronic stamp program. (b) Contents of Application.--The Secretary may not approve a State application unless the application contains-- (1) a description of the format of the electronic stamp that the State will issue under this Act, including identifying features of the licensee that will be specified on the stamp; (2) a description of any fee the State will charge for issuance of an electronic stamp; (3) a description of the process the State will use to account for and transfer to the Secretary the amounts collected by the State that are required to be transferred to the Secretary under the program; (4) the manner by which the State will transmit electronic stamp customer data to the Secretary; (5) the manner by which actual stamps will be delivered; (6) the policies and procedures under which the State will issue duplicate electronic stamps; and (7) such other policies, procedures, and information as may be reasonably required by the Secretary. (c) Publication of Deadlines, Eligibility Requirements, and Selection Criteria.--Not later than 30 days before the date on which the Secretary begins accepting applications under this section, the Secretary shall publish-- (1) deadlines for submission of applications; (2) eligibility requirements for submitting applications; and (3) criteria for approving applications. SEC. 5. STATE OBLIGATIONS AND AUTHORITIES. (a) Delivery of Actual Stamp.--The Secretary shall require that each individual to whom a State sells an electronic stamp under this Act shall receive an actual stamp-- (1) by not later than the date on which the electronic stamp expires under section 6(c); and (2) in a manner agreed upon by the State and Secretary. (b) Collection and Transfer of Electronic Stamp Revenue and Customer Information.-- (1) Requirement to transmit.--The Secretary shall require each State authorized to issue electronic stamps to collect and submit to the Secretary in accordance with this section-- (A) the first name, last name, and complete mailing address of each individual that purchases an electronic stamp from the State; (B) the face value amount of each electronic stamp sold by the State; and (C) the amount of the Federal portion of any fee required by the agreement for each stamp sold. (2) Time of transmittal.--The Secretary shall require the submission under paragraph (1) to be made with respect to sales of electronic stamps by a State according to the written agreement between the Secretary and the State agency. (3) Additional fees not affected.--This section shall not apply to the State portion of any fee collected by a State under subsection (c). (c) Electronic Stamp Issuance Fee.--A State authorized to issue electronic stamps may charge a reasonable fee to cover costs incurred by the State and the Department of the Interior in issuing electronic stamps under this Act, including costs of delivery of actual stamps. (d) Duplicate Electronic Stamps.--A State authorized to issue electronic stamps may issue a duplicate electronic stamp to replace an electronic stamp issued by the State that is lost or damaged. (e) Limitation on Authority To Require Purchase of State License.-- A State may not require that an individual purchase a State hunting license as a condition of issuing an electronic stamp under this Act. SEC. 6. ELECTRONIC STAMP REQUIREMENTS; RECOGNITION OF ELECTRONIC STAMP. (a) Stamp Requirements.--The Secretary shall require an electronic stamp issued by a State under this Act-- (1) to have the same format as any other license, validation, or privilege the State issues under the automated licensing system of the State; and (2) to specify identifying features of the licensee that are adequate to enable Federal, State, and other law enforcement officers to identify the holder. (b) Recognition of Electronic Stamp.--Any electronic stamp issued by a State under this Act shall, during the effective period of the electronic stamp-- (1) bestow upon the licensee the same privileges as are bestowed by an actual stamp; (2) be recognized nationally as a valid Federal migratory bird hunting and conservation stamp; and (3) authorize the licensee to hunt migratory waterfowl in any other State, in accordance with the laws of the other State governing that hunting. (c) Duration.--An electronic stamp issued by a State shall be valid for a period agreed to by the State and the Secretary, which shall not exceed 45 days. SEC. 7. TERMINATION OF STATE PARTICIPATION. The authority of a State to issue electronic stamps under this Act may be terminated-- (1) by the Secretary, if the Secretary-- (A) finds that the State has violated any of the terms of the application of the State approved by the Secretary under section 4; and (B) provides to the State written notice of the termination by not later than the date that is 30 days before the date of termination; or (2) by the State, by providing written notice to the Secretary by not later than the date that is 30 days before the termination date. Passed the House of Representatives January 23, 2012. Attest: KAREN L. HAAS, Clerk.

Permanent Electronic Duck Stamp Act of 2012 - Grants the Secretary of the Interior permanent authority to authorize any state to issue electronic duck stamps. Sets forth state electronic duck stamp application requirements. Allows the Secretary to determine the number of new states permitted per year to participate in the electronic duck stamp program. Instructs the Secretary to require electronic stamp revenue and customer information collected by each state to be transmitted in accordance with a written agreement between the Secretary and the state.

SECTION 1. FINDINGS. The Congress finds that-- (1) the productivity of the ``green revolution'' has been fueled by abundant, low cost fossil fuels providing raw material and energy for fertilizer, herbicides, and pesticides, and for powering mechanization, thereby multiplying farm worker output; (2) farm worker productivity is based on the input of large quantities of fossil fuel based energy and chemicals, with typically an input of as much as 10 fossil calories used to produce a calorie of food output; (3) food production in this manner cannot be sustained if fossil fuels are depleted and become increasingly costly and scarce, and biofuels are not a viable alternative if their production consumes more energy than they contain; (4) reduction of energy consumption through maximum efficiency is a prerequisite to sustainable reliance on renewable resources at an affordable scale; and (5) for over a century, agriculture extension has shown that demonstration of viable techniques and technologies is a powerful force for their adoption and promotion. SEC. 2. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a regional, State, local, or tribal agency; (B) a nonprofit organization or institution that farms or provides farm or educational services to persons or organizations that own or operate farms; (C) a farm or farmer or for-profit corporation that farms, or group of such farms, farmers, or corporations, at least 50 percent of the gross revenue of which is derived from the sale of food or fiber grown on the farm, if the acreage under their control, individually and collectively, whether through ownership or leasehold interests, is less than 160 acres; and (D) institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (2) Renewable energy.--The term ``renewable energy'' means energy obtained from a resource in a manner capable of being indefinitely sustained or replenished. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (4) Self-powered farm.--The term ``self-powered farm'' means a farm or collection of farms that-- (A) is capable of independence from offsite sources of energy, fuel, and raw materials for fuel; (B) is a community resource for-- (i) food; and (ii) energy, fuel, or raw materials for fuel; (C) minimizes or eliminates ongoing operating expenditures to offsite entities for fossil fuel- derived energy; (D) employs sustainable farming practices for long term soil fertility; and (E) produces at least 2 times as much energy, including fuel or raw materials for fuel, as it consumes both on site and in the transfer of farm products to market. SEC. 3. NATIONAL ACADEMY OF SCIENCES RECOMMENDATIONS. (a) In General.--The Secretary shall enter into an arrangement with the National Academy of Sciences for-- (1) the development of recommendations for appropriate evaluation measures and criteria for the programs under this Act; and (2) an evaluation of the feasibility of prize and best practices award programs as tools to promote self-powered farms, and recommendations for how to carry out such programs, if feasible. (b) Report.--Not later than 12 months after the date of enactment of this Act, the Secretary shall transmit to the Congress a report containing the recommendations and evaluation described in subsection (a). SEC. 4. RESEARCH AND TECHNOLOGY DEVELOPMENT PROGRAM. The Secretary shall establish a program, taking into account the recommendations of the National Academy of Sciences under section 3, for the research, development, demonstration, and commercial application of energy technologies or other technologies that have the potential to increase energy efficiency or otherwise to enable self- powered farms. The Secretary shall award grants under this section to eligible entities, or consortia thereof, on a competitive basis. The Secretary shall encourage participation in the program under this section through the Agricultural Cooperative Extension System. SEC. 5. STATE AGRICULTURAL DEMONSTRATION PROGRAM AWARDS. The Secretary shall establish a program, taking into account the recommendations of the National Academy of Sciences under section 3, for making awards to not more than 30 State agricultural research programs for the demonstration in a farm setting of the integration of technologies developed under section 4, or other technologies, in a manner that best achieves the goal of self-powered farms. SEC. 6. LOAN PROGRAMS. (a) In General.--The Secretary shall provide, on a competitive basis, low-cost revolving loans and loan guarantees to eligible entities for the commercial application of energy technologies or other technologies that will contribute to the goal of establishing self- powered farms. (b) Preferences.--In providing loans or loan guarantees under this section, the Secretary shall give preference to applicants who propose to derive the highest proportion of their energy needs from technologies that use biobased feedstocks or other renewable energy sources. The Secretary shall give highest preference to applicants who propose to meet their energy needs from biobased feedstocks or other renewable energy sources produced on that farm. (c) Oversight.--The Secretary shall establish procedures to enable the Secretary to oversee the operation of projects supported by loans or loan guarantees under this section, to ensure that such projects are operated consistent with the goals and requirements of this Act. (d) Loan Amount.--The amount of a loan under this section shall not exceed 80 percent of the cost of the project for which the loan is provided. (e) Guarantee Amount.--The Secretary shall not guarantee under this section more than 80 percent of the principal of any loan. SEC. 7. CONSULTATION. In carrying out this Act, the Secretary shall consult with the Secretary of Agriculture. SEC. 8. NATIONAL ACADEMY OF SCIENCES REVIEW. The Secretary shall enter into an arrangement with the National Academy of Sciences for a review of the programs under this Act and the development of recommendations for improvements to such programs. Not later than 4 years after the date of enactment of this Act, the Secretary shall transmit to the Congress a report containing such review and recommendations. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary-- (1) to carry out section 4, $25,000,000 for each of the fiscal years 2008 through 2012; (2) to carry out section 5, $25,000,000 for each of the fiscal years 2008 through 2012; and (3) to carry out section 6, $25,000,000 for each of the fiscal years 2008 through 2012. SEC. 10. COST SHARING. In carrying out a research, development, demonstration, or commercial application program or activity under this Act through an award of a grant, contract, cooperative agreement, or other instrument other than a loan or loan guarantee, the Secretary shall require cost sharing in accordance with section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352).

Directs the Secretary of Energy to enter into an arrangement with the National Academy of Sciences to: (1) develop recommendations for evaluation measures and criteria for programs under this Act; and (2) evaluate the feasibility of prize and best practices award programs as tools to promote self-powered farms. Directs the Secretary to: (1) establish an award program for up to 30 state agricultural research programs for self-powered farm demonstrations; (2) provide low-cost revolving loans and loan guarantees to eligible entities for the commercial application of energy or other technologies that will contribute to establishing self-powered farms, with highest preference given to applicants who propose to meet their energy needs from biobased feedstocks or other renewable energy sources produced on that farm; and (3) enter into an arrangement with the National Academy of Sciences for a review of the programs under this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fundamentally Understanding The Usability and Realistic Evolution of Artificial Intelligence Act of 2017'' or the ``FUTURE of Artificial Intelligence Act of 2017''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) understanding and preparing for the ongoing development of artificial intelligence is critical to the economic prosperity and social stability of the United States; (2) as artificial intelligence evolves, it can greatly benefit society by powering the information economy, fostering better informed decisions and helping unlock answers to questions that, as of the date of the enactment of this Act, are unanswerable; (3) for the reasons set forth in paragraph (2) it's beneficial to better understand artificial intelligence and foster the development of artificial intelligence in a manner that maximizes its benefit to society; and (4) it is critical that the priorities of the advisory committee established under section 4(a)(1) include developing guidance or recommendations-- (A) to promote a climate of investment and innovation to ensure the global competitiveness of the United States; (B) to optimize the development of artificial intelligence to address the potential growth, restructuring, or other changes in the United States workforce that results from the development of artificial intelligence; (C) to promote and support the unbiased development and application of artificial intelligence; and (D) to protect the privacy rights of individuals. SEC. 3. DEFINITIONS. (a) In General.--Except as provided in subsection (b), in this Act: (1) Artificial intelligence.--The term ``artificial intelligence'' includes the following: (A) Any artificial systems that perform tasks under varying and unpredictable circumstances, without significant human oversight, or that can learn from their experience and improve their performance. Such systems may be developed in computer software, physical hardware, or other contexts not yet contemplated. They may solve tasks requiring human-like perception, cognition, planning, learning, communication, or physical action. In general, the more human-like the system within the context of its tasks, the more it can be said to use artificial intelligence. (B) Systems that think like humans, such as cognitive architectures and neural networks. (C) Systems that act like humans, such as systems that can pass the Turing test or other comparable test via natural language processing, knowledge representation, automated reasoning, and learning. (D) A set of techniques, including machine learning, that seek to approximate some cognitive task. (E) Systems that act rationally, such as intelligent software agents and embodied robots that achieve goals via perception, planning, reasoning, learning, communicating, decision making, and acting. (2) Artificial general intelligence.--The term ``artificial general intelligence'' means a notional future artificial intelligence system that exhibits apparently intelligent behavior at least as advanced as a person across the range of cognitive, emotional, and social behaviors. (3) Narrow artificial intelligence.--The term ``narrow artificial intelligence'' means an artificial intelligence system that addresses specific application areas such as playing strategic games, language translation, self-driving vehicles, and image recognition. (b) Modifications.--The Federal Advisory Committee on the Development and Implementation of Artificial Intelligence established under section 4(a) may revise such definitions under subsection (a) of this section as the advisory committee considers appropriate. SEC. 4. ESTABLISHMENT OF FEDERAL ADVISORY COMMITTEE ON THE DEVELOPMENT AND IMPLEMENTATION OF ARTIFICIAL INTELLIGENCE. (a) Establishment.-- (1) In general.--The Secretary of Commerce shall establish a Federal advisory committee to advise the Secretary on matters relating to the development of artificial intelligence. (2) Designation.--The Federal advisory committee established under paragraph (1) shall be known as the ``Federal Advisory Committee on the Development and Implementation of Artificial Intelligence'' (in this section the ``Advisory Committee''). (b) Purposes of the Advisory Committee.-- (1) Advice.--The Advisory Committee shall provide advice to the Secretary on matters relating to the development of artificial general intelligence and narrow artificial intelligence, including on the following as they relate to artificial intelligence: (A) The competitiveness of the United States, including matters relating to the promotion of public and private sector investment and innovation into the development of artificial intelligence. (B) Workforce, including matters relating to the potential for using artificial intelligence for rapid retraining of workers, due to the possible effect of technological displacement. (C) Education, including matters relating to science, technology, engineering, and mathematics education to prepare the United States workforce as the needs of employers change. (D) Ethics training and development for technologists working on artificial intelligence. (E) Matters relating to open sharing of data and the open sharing of research on artificial intelligence. (F) International cooperation and competitiveness, including matters relating to the competitive international landscape for artificial intelligence- related industries. (G) Accountability and legal rights, including matters relating to the responsibility for any violations of laws by an artificial intelligence system and the compatibility of international regulations. (H) Matters relating to machine learning bias through core cultural and societal norms. (I) Matters relating to how artificial intelligence can serve or enhance opportunities in rural communities. (J) Government efficiency, including matters relating to how to promote cost saving and streamline operations. (2) Study.--The Advisory Committee shall study and assess the following: (A) How to create a climate for public and private sector investment and innovation in artificial intelligence. (B) The possible benefits and effects that the development of artificial intelligence may have on the economy, workforce, and competitiveness of the United States. (C) Whether and how networked, automated, artificial intelligence applications and robotic devices will displace or create jobs and how any job related gains relating to artificial intelligence can be maximized. (D) How bias can be identified and eliminated in the development of artificial intelligence and in the algorithms that support them, including with respect to the following: (i) The selection and processing of data used to train artificial intelligence. (ii) Diversity in the development of artificial intelligence. (iii) The ways and places the systems are deployed and the potential harmful outcomes. (E) Whether and how to incorporate ethical standards in the development and implementation of artificial intelligence. (F) How the Federal Government can encourage technological progress in implementation of artificial intelligence that benefits the full spectrum of social and economic classes. (G) How the privacy rights of individuals are or will be affected by technological innovation relating to artificial intelligence. (H) Whether technological advancements in artificial intelligence have or will outpace the legal and regulatory regimes implemented to protect consumers. (I) How existing laws, including those concerning data access and privacy, should be modernized to enable the potential of artificial intelligence. (J) How the Federal Government utilizes artificial intelligence to handle large or complex data sets. (K) How ongoing dialogues and consultations with multi-stakeholder groups can maximize the potential of artificial intelligence and further development of artificial intelligence technologies that can benefit everyone inclusively. (L) How the development of artificial intelligence can affect cost savings and streamline operations in various areas of government operations, including health care, cybersecurity, infrastructure, and disaster recovery. (M) Such other matters as the Advisory Committee considers appropriate. (3) Reports and recommendations.-- (A) Report by advisory committee.--Not later than 540 days after the date of the enactment of this Act, the Advisory Committee shall submit to the Secretary and to Congress a report on the findings of the Advisory Committee and such recommendations as the Advisory Committee may have for administrative or legislative action relating to artificial intelligence. (B) Recommendations of secretary.--Not later than 90 days after receiving the report submitted under subparagraph (A), the Secretary shall review the report and submit to Congress such recommendations as the Secretary may have with respect to the matters contained in the report submitted under subparagraph (A). (c) Membership.-- (1) Voting members.-- (A) In general.--The Advisory Committee shall be composed of 19 voting members who shall be appointed by the Secretary of Commerce, with advisement from the Chair and Ranking Member of the Committee on Commerce, Science, and Transportation of the Senate and the Chair and Ranking Member of the Committee on Energy and Commerce of the House of Representatives, for purposes of the Advisory Committee from among individuals with expertise in matters relating to workforce development, ethics, privacy, artificial intelligence, or computer science. (B) Representation.--In carrying out subparagraph (A), the Secretary shall ensure that voting members are appointed as follows: (i) Five members from academic or research community. (ii) Six members from private industry, at least one of whom shall be from a small business concern. (iii) Six from civil society, at least two of whom shall be from groups that advocate for civil liberties or civil rights. (iv) Two from labor organizations or groups. (C) Geographical diversity.--In carrying out subparagraph (A), the Secretary shall ensure that the voting members of the Advisory Committee come from diverse geographical locations within the United States. (2) Nonvoting members.--The Advisory Committee shall also be composed of such nonvoting members as the Secretary considers appropriate, except that the Secretary shall appoint at least one such member from each of the following: (A) The Department of Education. (B) The Department of Justice. (C) The Department of Labor. (D) The Department of Transportation. (E) The Federal Trade Commission. (F) The National Institute of Standards and Technology. (G) The National Science Foundation. (H) The National Science and Technology Council. (I) Such other nonvoting members as the voting members of the Advisory Committee consider appropriate. (3) Chairperson.--The Secretary shall appoint a chairperson for the Advisory Committee from among the members appointed under paragraph (1). (d) Meetings.--The Advisory Committee shall meet-- (1) in person no less frequently than twice each year; and (2) via telepresence no less frequently than once every two months. (e) Powers.--In order to carry out its duties under subsection (b), the Advisory Committee may-- (1) hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Advisory Committee considers appropriate; (2) submit to Congress such recommendations as the Advisory Committee considers appropriate; (3) submit to Federal agencies such recommendations as the Advisory Committee considers appropriate; (4) issue reports, guidelines, and memoranda; (5) hold or host conferences and symposia; (6) enter into cooperative agreements with third-party experts to obtain relevant advice or expertise, and oversee staff; (7) establish subcommittees; and (8) establish rules of procedure. (f) Travel Expenses.--The members of the Advisory Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Advisory Committee. (g) Funding.-- (1) In general.--Except as provided in paragraph (2), amounts to carry out this section shall be derived from amounts appropriated or otherwise made available to the Secretary of Commerce. (2) Donations.-- (A) Authorization.--The Advisory Committee may solicit and accept donations from private persons and non-Federal entities to carry out this section. (B) Limitation.--Of the amounts expended by the Advisory Committee in a fiscal year to carry out this section, not more than half may be derived from amounts received under subparagraph (A).

Fundamentally Understanding The Usability and Realistic Evolution of Artificial Intelligence Act of 2017 or the FUTURE of Artificial Intelligence Act of 2017 This bill directs the Department of Commerce to establish the Federal Advisory Committee on the Development and Implementation of Artificial Intelligence to advise Commerce on matters relating to the development of artificial intelligence, including: U.S. competitiveness, including the promotion of investment into the development of artificial intelligence; the U.S. workforce, including the potential for using artificial intelligence for rapid retraining of workers, due to the possible effect of technological displacement; education, including science, technology, engineering, and mathematics education to prepare workers as the needs of employers change; open sharing of data and research on artificial intelligence; and international cooperation and competitiveness, including the competitive international landscape for artificial intelligence-related industries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arctic Climate Adaptation Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States is an Arctic Nation with-- (A) an approximately 700-mile border with the Arctic Ocean; (B) more than 100,000,000 acres of land above the Arctic Circle; and (C) a broader area within the Arctic isotherm that encompasses most of the Bering Sea. (2) The Arctic region of the United States-- (A) is home to an indigenous population which has subsisted for millennia on the abundance in marine mammals, fish, and wildlife, many of which are unique to the region; (B) is known to the indigenous population as Inuvikput or the ``place where we live''; and (C) has produced more than 16,000,000,000 barrels of oil and, according to the United States Geological Survey, may hold an additional 30,000,000,000 barrels of oil and 220,000,000,000,000 cubic feet of natural gas, making the region of fundamental importance to the national interest of the United States. (3) Temperatures in the United States Arctic region have warmed by 3 to 4 degrees Celsius over the past half-century, a rate of increase that is twice the global average. (4) The Arctic ice pack is rapidly diminishing and thinning, and the National Oceanic and Atmospheric Administration estimates the Arctic Ocean may be ice free during summer months in as few as 30 years. (5) Such changes to the Arctic region are having a significant impact on the indigenous people of the Arctic, their communities and ecosystems, as well as the marine mammals, fish, and wildlife upon which they depend. (6) Such changes are opening new portions of the United States Arctic continental shelf to possible development for offshore oil and gas, commercial fishing, marine shipping, and tourism. (7) Unprecedented storms over an area of Arctic waters that are now ice-free are eroding sections of Alaska shoreline at rates of 45 feet or more annually. Thawing permafrost is causing roads and the foundations of public buildings and homes to buckle. Entire Alaskan Arctic villages are at risk of serious erosion or of being washed into the sea. (8) As many as 4 of Alaska's coastal villages are at immediate risk and will face overwhelming relocation costs in the during the period from 2009 through 2014 as the lack of winter ice pack allows increased wave energy to erode beachfronts that are no longer held together by frozen soil. The Government Accountability Office estimates that relocation costs for those 4 villages will be $450,000,000 and that as many as 30 additional Alaskan coastal villages will face similar threats during the period from 2009 through 2019. (9) A study conducted by the Government Accountability Office published in June 2009, states that ``most of Alaska's more than 200 Native villages were affected to some degree by flooding and erosion,'' and recommends that ``Congress may wish to consider designating or creating a lead Federal entity that could work in conjunction with the lead state agency to coordinate and oversee village relocation efforts''. (10) A 2009 study by the University of Alaska's Institute for Social and Economic Research concluded that the added adaptation costs for Alaska's public infrastructure resulting from climate change impacts will range up to $6,000,000,000 by 2030. (11) Coastal erosion and thawing permafrost threaten the public infrastructure, including airports which are often the only link to the outside world, roadways, and other basic utilities, of many of Alaska's 267 incorporated communities, with an estimated adaptation cost in the tens of billions of dollars during the several decades following the date of the enactment of this Act. (12) Additionally, rising ocean temperatures and increased ocean acidification result in changes in fish habitats and invasive fish species jeopardizing both Alaska's commercial fisheries, which produce 60 percent of the United States commercial catch, and the subsistence hunting, fishing, and gathering that supplies as much as 90 percent of the protein supply for as many as 214 economically disadvantaged Alaskan Native villages from Metlakatla in the south to Point Barrow in the north. SEC. 3. DEFINITIONS. In this Act: (1) Denali commission.--The term ``Denali Commission'' means the Denali Commission established pursuant to section 303(a) of the Denali Commission Act of 1998 (42 U.S.C. 3121 note). (2) Program.--The term ``Program'' means the American Arctic Adaptation Grant Program established under section 4(a). SEC. 4. AMERICAN ARCTIC ADAPTATION GRANT PROGRAM. (a) Establishment.--There is a established in the Department of Commerce a program to be known as the ``American Arctic Adaptation Grant Program'' to award grants to eligible entities to carry out eligible projects, as described in this section. (b) Coordination.-- (1) In general.--The Denali Commission shall-- (A) be the Alaska Project Coordinator for the Program; and (B) select, administer, and coordinate projects awarded grants under the Program. (2) Consultation.--In carrying out its responsibilities as the Alaska Project Coordinator, the Denali Commission shall consult with affected communities, the State of Alaska, the United States Army Corps of Engineers, the University of Alaska, the Arctic Research Commission established pursuant to section 103 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4102), and the Inuit Circumpolar Council and the Northern Forum or successor organizations. (3) Adaptation advisory committee.-- (A) Establishment.--The Denali Commission shall establish an Adaptation Advisory Committee composed of public and private members to advise the Denali Commission on climate adaptation needs and investments and on the award of grants under the Program. (B) Membership.--The Adaptation Advisory Committee shall include one representative of each of the following: (i) The Alaska Federation of Natives. (ii) The Inter-Tribal Council. (iii) The Alaska Native Science and Engineering Program of the University of Alaska. (iv) The Alaska Associated General Contractors Association. (v) The Alaska Department of Transportation. (vi) The Alaska Department of Commerce, Community, and Economic Development. (vii) The United States Army Corps of Engineers. (viii) Organized labor. (C) Meetings.--The Denali Commission shall meet with the Adaptation Advisory Commission not less often than once every 6 months. (c) Other Funds for Grant Awards.--To the extent practicable and appropriate, the Denali Commission may combine funds from the Program with awards from other appropriate Federal or State infrastructure development, construction, or maintenance programs to provide funds to carry out an eligible project. (d) Eligible Entity Defined.--In this section, the term ``eligible entity'' means-- (1) the State of Alaska; or (2) a borough and community organized under the Constitution of the State of Alaska. (e) Eligible Project Defined.--In this section, the term ``eligible project'' means a project to repair, replace, or maintain an element of public infrastructure in a coastal or remote Alaskan village damaged or threatened by the effects of climate change, including flooding, storm surge, coastal or riparian erosion, melting permafrost, and land subsidence not associated with normal seasonal effects. An eligible project-- (1) may be designed to address-- (A) damage to a public transportation system and infrastructure or to a public or privately owned building; (B) negative impacts to human health; (C) interruption of natural migration cycles or disruption of habitats; or (D) disruption of economic activities, including projects to develop new northern sea routes; and (2) shall be of a permanent nature, and designed, built, and maintained to maximize sustainability and resiliency. (f) Application.--An eligible entity seeking a grant under the Program shall submit an application to the Denali Commission at such time and in such manner as the Commission shall require. Each such application shall, at a minimum, include a complete description of-- (1) the eligible project proposed to be carried out with such grant; and (2) the extent to which one or more effects of climate change have necessitated, or given ongoing and cumulative effects could necessitate, such eligible project. (g) Selection Criteria.--In selecting an eligible project to be carried out with a grant under the Program, the Denali Commission-- (1) may select the eligible project only if the eligible entity agrees-- (A) to submit to a directed process in which the staff of the Denali Commission provides technical assistance and guidance through the planning phase, design phase, and construction phase of the eligible project; and (B) that not more than 25 percent of the grant funds may be used for administrative expenses; and (2) shall give a preference to an eligible project that will be carried out with non-Federal funds to match the amount of the grant funds. (h) Work Plan.--The Denali Commission shall publish an annual work plan for the Program. Each such plan shall include-- (1) a description of each eligible project approved to receive a grant under the Program during the previous year; (2) updates on the planning, design, and construction of each eligible project approved to receive such a grant in a prior year; and (3) guidance to eligible entities seeking to obtain such a grant for the following year. SEC. 5. ARCTIC RESEARCH. (a) Requirement To Conduct Research.--During fiscal year 2010, and in collaboration with the State of Alaska, the University of Alaska, and relevant agencies of the United States, the Denali Commission shall conduct research on the best practices for climate related adaption that are being used or researched by other polar nations or foreign or domestic research institutions or institutions of higher learning, and which could be used by Arctic communities in Alaska. Such research shall focus on-- (1) environmentally sensitive design; (2) clean energy alternatives; and (3) innovative transportation, telecommunications, and other infrastructure solutions. (b) Report.--Not later than December 31, 2010, the Denali Commission shall submit to Congress, the Secretary of Commerce, the Secretary of the Treasury, the Assistant Secretary of the Army (Civil Works), and the Governor of Alaska a report on the research carried out under subsection (a). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) American Arctic Adaptation Grant Program.--There is authorized to be appropriated to the Secretary of Commerce such sums as may be necessary to carry out the Program. (b) Research.--There is authorized to be appropriated $5,000,000 for fiscal year 2010 to carry out section 5.

Arctic Climate Adaptation Act - Establishes in the Department of Commerce an American Arctic Adaptation Grant Program. Directs the Denali Commission to: (1) be the Alaska Project Coordinator for the Program; (2) select, administer, and coordinate projects awarded grants under the Program; (3) establish an Adaptation Advisory Committee to advise the Commission on climate adaptation needs and investments and on the award of grants under the Program; and (4) publish an annual work plan for the Program. Permits the Commission to combine funds from the Program with awards from other appropriate federal or state infrastructure development, construction, or maintenance programs to provide funds to carry out an eligible project. Defines "eligible project" as a project to repair, replace, or maintain an element of public infrastructure in a coastal or remote Alaskan village damaged or threatened by the effects of climate change. Requires the Commission, during FY2010 and in collaboration with the state of Alaska, the University of Alaska, and relevant U.S. agencies, to conduct research on best practices for climate related adaptation that are being used or researched by other polar nations or foreign or domestic research institutions or institutions of higher learning and that could be used by Arctic communities in Alaska.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equity in Athletics Disclosure Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) participation in athletic pursuits play an important role in teaching young Americans how to work on teams, handle challenges and overcome obstacles; (2) participation in athletic pursuits play an important role in keeping the minds and bodies of young Americans healthy and physically fit; (3) there is increasing concern among citizens, educators, and public officials regarding the athletic opportunities for young men and women at institutions of higher education; (4) a recent study by the National Collegiate Athletic Association found that in Division I-A institutions, only 20 percent of the average athletic department operations budget of $1,310,000 is spent on women's athletics; 15 percent of the average recruiting budget of $318,402 is spent on recruiting female athletes; the average scholarship expenses for men is $1,300,000 and $505.246 for women; and an average of 143 grants are awarded to male athletes and 59 to women athletes; (5) female college athletes receive less than 18 percent of the athletics recruiting dollar and less than 24 percent of the athletics operating dollar; (6) male college athletes receive approximately $179,000,000 more per year in athletic scholarship grants than female college athletes; (7) prospective students and prospective student athletes should be aware of the commitments of an institution to providing equitable athletic opportunities for its men and women students; and (8) knowledge of an institution's expenditures for women's and men's athletic programs would help prospective students and prospective student athletes make informed judgments about the commitments of a given institution of higher education to providing equitable athletic benefits to its men and women students. SEC. 3. AMENDMENT. Section 485 of the Higher Education Act of 1965 is amended by adding at the end the following new subsection: ``(g) Disclosure of Athletic Program Participation Rates and Financial Support Data.-- ``(1) Data required.--Each institution of higher education which participates in any program under this title, and has an intercollegiate athletic program, shall annually submit a report to the Secretary that contains the following: ``(A) For each men's team, women's team, and any team that includes both male and female athletes, the following data: ``(i) the total number of participants and their gender; ``(ii) the total scholarship expenditures; ``(iii) a figure that represents the total scholarship expenditures divided by the total number of participants; ``(iv) the total number of contests for the team; ``(v) the total operating expenses for the team; ``(vi) the total recruiting expenses for the team; ``(vii) the total personnel expenses for the team; ``(viii) whether the head coach is male or female and whether the head coach is full time or part time; ``(ix) the number of assistant coaches that are male and the number of assistant coaches that are female and whether each particular coach is full time or part time; ``(x) the number of graduate assistant coaches that are male and the number of graduate assistant coaches that are female; ``(xi) the number of volunteer assistant coaches that are male and the number of volunteer assistant coaches that are female; ``(xii) the ratio of participants to coaches; ``(xiii) the full compensation of the head coach; and ``(xiv) the full compensation of the assistant coaches; and ``(B) A statement of the following: ``(i) the ratio of male participants to female participants in the entire athletic program; and ``(ii) the ratio of male scholarship expenses to female scholarship expenses in the entire athletic program. ``(2) Disclosure to prospective students.--When an institution of higher education offers admission to a potential student, such institution shall provide to the student the information contained in the report submitted by such institution to the Secretary under paragraph (1). ``(3) Disclosure to the public.--An institution of higher education must make available to the public, upon request, the information contained in the report submitted by such institution to the Secretary under paragraph (1). ``(4) Secretary of education's duty to publish a report of the data.--On an annual basis, the Secretary, using the reports submitted under this subsection, shall compile and publish a report containing the information collected broken down by (A) the individual institutions, and (B) by the athletic conferences recognized by the National Collegiate Athletic Association and the National Association of Intercollegiate Athletics. ``(5) Definition.--For the purposes of this subsection, the term `operating expenses' means all nonscholarship expenditures. ``(6) Reports to congress.--The Secretary shall submit the reports compiled pursuant to this subsection to the appropriate committees of Congress on an annual basis. ``(7) Effective date.--This subsection takes effect July 1, 1993, except that the first report to the Secretary shall be due on July 1, 1994.''.

Equity in Athletics Disclosure Act - Amends the Higher Education Act of 1965 to require institutions of higher education to disclose gender participation rates and program support expenditures in college athletic programs to prospective students and, upon request, to the public. Directs the Secretary of Education to compile and publish annual reports of such data reported to the Secretary by the institutions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elder Abuse Victims Act of 2016''. SEC. 2. DEFINITIONS. In this Act-- (1) the terms ``abuse'', ``elder'', ``elder justice'', ``exploitation'', and ``neglect'' have the meanings given those terms in section 2011 of the Social Security Act (42 U.S.C. 1397j); (2) the term ``elder abuse'' includes neglect and exploitation; (3) the term ``Director'' means the Director of the Office appointed under section 3(b); (4) the term ``Office'' means the Office of Elder Justice established under section 3(a); (5) the term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory of possession of the United States; and (6) the term ``task force'' means a multidisciplinary task force on elder justice established or designated under section 5(c)(1). SEC. 3. OFFICE OF ELDER JUSTICE. (a) In General.--There is established within the Department of Justice an office to be known as the Office of Elder Justice, which shall address issues relating to elder abuse. (b) Director.--The Office shall be headed by a Director who shall-- (1) be appointed by the President, by and with the advice and consent of the Senate, from among individuals with experience and expertise in elder abuse; and (2) serve as counsel to the Attorney General on elder justice and elder abuse. (c) Responsibilities.--The Director shall-- (1) create, compile, evaluate, and disseminate materials and information, and provide the necessary training and technical assistance, to assist States and units of local government in-- (A) investigating, prosecuting, pursuing, preventing, understanding, and mitigating the impact of-- (i) physical, sexual, and psychological abuse of elders; (ii) exploitation of elders, including financial abuse and scams targeting elders; and (iii) neglect of elders; and (B) assessing, addressing, and mitigating the physical and psychological trauma to victims of elder abuse; (2) collect data and perform an evidence-based evaluation to-- (A) assure the efficacy of measures and methods intended to prevent, detect, respond to, or redress elder abuse; and (B) evaluate the number of victims of elder abuse in each State and the extent to which the needs of the victims are served by crime victim services, programs, and sources of funding; (3) publish a report, on an annual basis, that describes the results of the evaluations conducted under paragraphs (1) and (2), and submit the report to each Federal agency, each State, and the Committee on the Judiciary and the Special Committee on Aging of the Senate and the Committee on the Judiciary of the House of Representatives; (4) evaluate training models to determine best practices, create replication guides, create training materials for law enforcement officers, prosecutors, judges, emergency responders, individuals working in victim services, adult protective services, social services, and public safety, medical personnel, mental health personnel, financial services personnel, and any other individuals whose work may bring them in contact with elder abuse regarding how to-- (A) conduct investigations in elder abuse cases; (B) address evidentiary issues and other legal issues; and (C) appropriately assess, respond to, and interact with victims and witnesses in elder abuse cases, including in administrative, civil, and criminal judicial proceedings; (5) conduct, and update on a regular basis, a study of laws and practices relating to elder abuse, including-- (A) a comprehensive description of State laws and practices; (B) an analysis of the effectiveness of State laws and practices, including-- (i) whether the State laws are enforced; and (ii) if enforced-- (I) how the State laws are enforced; and (II) how enforcement of the State laws has effected elder abuse within the State; (C) a review of State definitions of the terms ``abuse'', ``neglect'', and ``exploitation'' in the context of elder abuse cases; (D) a review of State laws that mandate reporting of elder abuse, including adult protective services laws, laws that require the reporting of nursing home deaths or suspicious deaths of elders to coroners or medical examiners, and other pertinent reporting laws, that analyzes-- (i) the impact and efficacy of the State laws; (ii) whether the State laws are enforced; (iii) the levels of compliance with the State laws; and (iv) the response to, and actions taken as a result of, reports made under the State laws; (E) a review of State evidentiary, procedural, sentencing, choice of remedies, and data retention issues relating to elder abuse; (F) a review of State fiduciary laws, including laws relating to guardianship, conservatorship, and power of attorney; (G) a review of State laws that permit or encourage employees of depository institutions (as defined in section 3(c)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)(1)) and State credit unions (as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752)) to prevent and report suspected elder abuse; (H) a review of State laws used in civil court proceedings to prevent and address elder abuse; (I) a review of State laws relating to fraud and related activities in connection with mail, telemarketing, the Internet, or health care; (J) a review of State laws that create programs, offices, or entities that address or respond to elder abuse; and (K) an analysis of any other State laws relating to elder abuse; and (6) carry out such other duties as the Attorney General determines necessary in connection with enhancing the understanding, prevention, and detection of, and response to, elder abuse. SEC. 4. DATA COLLECTION. The Attorney General, in consultation with the Secretary of Health and Human Services, shall, on an annual basis-- (1) collect from Federal, State, and local law enforcement agencies and prosecutor offices statistical data relating to the incidence of elder abuse, including data relating to-- (A) the number of elder abuse cases referred to law enforcement agencies, adult protective services, or any other State entity tasked with addressing elder abuse; (B) the number and types of such cases filed in Federal, State, and local courts; and (C) the outcomes of the cases described in subparagraphs (A) and (B) and the reasons for such outcomes; (2) identify common data points among Federal, State, and local law enforcement agencies and prosecutor offices that would allow for the collection of uniform national data related to elder abuse; (3) publish a summary of the data collected under paragraphs (1) and (2); (4) identify-- (A) the types of data relevant to elder abuse that should be collected; and (B) what entity is most capable of collecting the data described in subparagraph (A); and (5) develop recommendations for collecting additional data relating to elder abuse. SEC. 5. ELDER VICTIMS GRANT PROGRAM. (a) In General.--The Director may make grants and provide technical assistance to not more than 15 States to assist the States in developing, establishing, and operating programs designed to improve-- (1) the response to cases of elder abuse in a manner that limits additional trauma to the elder victims; and (2) the investigation and prosecution of cases of elder abuse. (b) Eligibility.--A State is eligible to receive a grant under this section if the State-- (1) has a crime victims compensation program that meets the criteria described in section 1403(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(b)); and (2) is in compliance with subsection (c). (c) Establishment of Task Force.-- (1) In general.--In order to be eligible to receive a grant under this section, a State shall establish or, subject to paragraph (5), designate a multidisciplinary task force on elder justice that is composed of professionals with knowledge and experience relating to the criminal justice system and issues of elder abuse. (2) Membership requirement.--Except as provided in paragraph (6), a task force established or designated in accordance with this subsection shall include-- (A) representatives from law enforcement agencies, such as police officers, sheriffs and deputy sheriffs, detectives, public safety officers, corrections officers, investigators and victims' service personnel; (B) a representative from the crime victim compensation program of the State; (C) judicial and legal officers, including individuals who work on cases of elder abuse; (D) elder justice and elder law advocates, including local agencies on aging and local public and private agencies and entities relating to elder abuse and other crimes against elders; (E) health and mental health professionals; (F) representatives from social services agencies in the State; and (G) family members of victims of elder abuse. (3) Review and evaluation.--A task force established or designated in accordance with this subsection shall-- (A) review and evaluate the investigative, administrative, and judicial responses to cases of elder abuse in the State; (B) make recommendations to the State based on the review and evaluation conducted under subparagraph (A), including recommendations relating to-- (i) modifying the investigative, administrative, and judicial response to cases of elder abuse in a manner that-- (I) reduces additional trauma to the elder victim; and (II) ensures procedural fairness to the individual accused of elder abuse; and (ii) experimental, model, and demonstration programs for testing innovative approaches and techniques that may improve the rate of successful prosecution or enhance the effectiveness of judicial and administrative action in elder abuse cases, and which ensure procedural fairness to the accused, including a determination of which programs are most effective; and (C) submit the recommendations described in subparagraph (B) to the Office. (4) Task force alternative.--If determined appropriate by the Director, a State may comply with the eligibility requirement described in paragraph (1) by designating a commission or task force established by a State before January 1, 2013, with membership and functions comparable to those described in paragraphs (2) and (3), respectively, as the task force on elder justice required under such paragraph (1). (5) Task force membership waiver.--The Director may waive, in part, the task force membership requirements under paragraph (2) for a State that demonstrates a need for the waiver. (d) Use of Funds.--Grant funds awarded under this section may be used by a State to support-- (1) State and local prosecutor offices and courts in elder abuse matters, including-- (A) hiring or paying salary and benefits for employees and establishing or implementing units designated to work on elder justice issues in State prosecutors' offices and State courts; and (B) hiring or paying salary and benefits for an employee to coordinate elder justice-related cases, training, technical assistance, and policy development for State and local prosecutors and courts; (2) State and local law enforcement agencies investigating cases of elder abuse; and (3) adult protective services. (e) State Reports.--Not later than 1 year after a State receives grant funds under this section, the State shall submit to the Director a report that includes-- (1) an evaluation of the effectiveness of the grant program; (2) a list of all laws of the State relating to elder abuse; and (3) any other information the Director may require. (f) Evaluation and Report.--Not later than 1 year after the date on which the Director makes available the final funds awarded under a grant under this section, the Director shall-- (1) evaluate the grant program established under this section; and (2) submit to the appropriate congressional committees a report on the evaluation conducted under paragraph (1), including recommendations on whether the grant program should be continued. SEC. 6. ELDER JUSTICE COORDINATING COUNCIL. Section 2021(b)(1)(B) of the Social Security Act (42 U.S.C. 1397k(b)(1)(B)) is amended by striking ``(or the Attorney General's designee)'' and inserting ``(or the Director of the Office of Elder Justice)''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2017 through 2019. Such sums shall be derived from amounts appropriated in each such fiscal year for General Administration, Salaries and Expenses, for the Department of Justice.

Elder Abuse Victims Act of 2016 This bill establishes within the Department of Justice (DOJ) an Office of Elder Justice to provide information, training, and technical assistance for state and local governments to investigate, prosecute, prevent, and mitigate the impact of elder abuse, exploitation, and neglect. The office must be headed by a director who is appointed by the President and confirmed by the Senate. It authorizes the Office of Elder Justice to award grants to states to develop, establish, and operate programs to improve the response to, investigation of, and prosecution of elder abuse cases. An eligible state must have a compensation program for crime victims and a multidisciplinary task force on elder justice. DOJ must identify, collect, and publish data related to the incidence of elder abuse. It must also develop recommendations for collecting additional data related to elder abuse. Finally, the bill amends the Social Security Act to include the director of the Office of Elder Justice as the alternate for the Attorney General on the Elder Justice Coordinating Council.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Critical Need GME Protection Act of 1998''. SEC. 2. FULL FTE PAYMENT FOR RESIDENTS IN CRITICAL NEED SPECIALTY OR SUBSPECIALTY TRAINING PROGRAMS. (a) Treatment as Initial Residency Period.-- (1) In general.--Section 1886(h)(5)(F) of the Social Security Act (42 U.S.C. 1395ww(h)(5)(F)) is amended-- (A) in clause (i)-- (i) by striking ``clause (ii)'' and inserting ``clause (ii) or (iii)''; and (ii) by striking ``and'' at the end; (B) in clause (ii), by striking the period at the end and inserting ``, and''; and (C) by inserting after clause (ii), the following new clause: ``(iii) subject to the requirement for budget neutrality under paragraph (7), a period of years, determined by the Secretary under subparagraph (K)(iv), during which an individual is in a residency training program designated by the Secretary as a critical need specialty or subspecialty, as defined in subparagraph (K), shall be treated as part of the initial residency period, but shall not be counted against any limitation on the initial residency period.''. (2) Determination of critical need specialty or subspecialty.--Section 1886(h)(5) of such Act (42 U.S.C. 1395ww(h)(5)) is amended by adding at the end the following new subparagraph: ``(K) Critical need speciality.-- ``(i) Definition.--The term `critical need specialty or subspecialty' means a specialty or subspecialty designated by the Secretary under this subparagraph with a current or imminent critical shortage of physicians. ``(ii) Criteria.--For purposes of designating a critical need specialty or subspecialty under this subparagraph, the Secretary shall prescribe criteria for determining critical shortages of physicians or residents in approved medical residency training programs. The Secretary shall publish in the Federal Register the criteria established under this clause and the form and manner by which data is submitted for the Secretary's review under this subparagraph. ``(iii) Period of designation.-- ``(I) In general.--A designation of a critical need specialty or subspecialty under this subparagraph shall apply until the Secretary determines the specialty or subspecialty does not meet the criteria for designation as a critical need specialty or subspecialty. ``(II) Report.--In the event the Secretary determines that a specialty or subspecialty no longer meets the criteria for being a critical need specialty or subspecialty, the Secretary shall submit a report to Congress describing the reasons for discontinuing the designation.''. (b) Maintaining Budget Neutrality.--Section 1886(h) of such Act (42 U.S.C. 1395ww(h)) is amended by adding at the end the following new paragraph: ``(7) Budget Neutrality Adjustment for Critical Need Specialty or Subspecialty Designation.--If the Secretary designates a critical need specialty or subspecialty for a fiscal year, the Secretary shall make a proportional adjustment to payment amounts under this subsection for such fiscal year so that the aggregate of the payments under this subsection for such fiscal year shall equal the aggregate payments that would have been made under this subsection for such fiscal year if the Secretary had not designated a critical need specialty or subspecialty.''. (c) Effective Date.--The amendments made by this Act shall apply with respect to payments under section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)) made for residents in, or beginning training in, a critical need specialty or subspecialty on or after July 1, 1999.

Medicare Critical Need GME Protection Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to provide for full payment to hospitals for costs of direct graduate medical education of residents for training in what the Secretary of Health and Human Services designates as a critical need specialty or subspecialty training program. States that such training shall be treated as part of the initial residency period, but shall not be counted against any limitation on the initial residency period.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Program Reauthorization Act of 2010''. SEC. 2. USDA BROADBAND LOANS, LOAN GUARANTEES, AND GRANTS ESTABLISHED UNDER PUBLIC LAW 111-5. Title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.) is amended by adding at the end the following: ``SEC. 603. USDA BROADBAND LOANS, LOAN GUARANTEES, AND GRANTS ESTABLISHED UNDER PUBLIC LAW 111-5. ``(a) Loans, Loan Guarantees, and Grants.-- ``(1) In general.--The amounts authorized to be appropriated under subsection (f) shall be used to cover the cost of broadband loans and loan guarantees, as authorized by section 601 of this Act and for grants (including for technical assistance). ``(2) Definition.--For purposes of this subsection, the cost of direct and guaranteed loans shall be as defined in section 502 of the Congressional Budget Act of 1974. ``(b) Use of Funds.-- ``(1) In general.--Notwithstanding section 601 of this Act, the amounts authorized under this section shall be made available for grants, loans, and loan guarantees for broadband infrastructure in any area of the United States. ``(2) Limitation.--Of the amounts made available under this section, at least 75 percent of the area to be served by a project receiving funds from such grants, loans, or loan guarantees shall be in a rural area without sufficient access to high speed broadband service to facilitate rural economic development, as determined by the Secretary of Agriculture. ``(3) Priority.--In awarding grants, loans, or loan guarantees under this section, the Secretary of Agriculture shall give priority-- ``(A) to project applications for broadband systems that will deliver end users a choice of more than 1 service provider; ``(B) to projects that provide service to the highest proportion of rural residents that do not have access to broadband service; ``(C) for project applications from borrowers or former borrowers under title II of the Rural Electrification Act of 1936 and for project applications that include such borrowers or former borrowers; ``(D) to project applications that demonstrate that, if the application is approved, all project elements will be fully funded; ``(E) to project applications for activities that can be completed if the requested funds are provided, and to activities that can commence promptly following approval; and ``(F) to project applications that will expand broadband opportunities in rural and tribal areas. ``(c) Coordination.-- ``(1) Broadband technologies opportunity program.--No area of a project funded with amounts made available under this section may receive funding to provide broadband service under the Broadband Technology Opportunities Program established under Public Law 111-5. ``(2) FCC national broadband plan.--In carrying out this section, the Secretary of Agriculture shall coordinate and harmonize, to the extent possible, its activities with the national broadband plan developed by the Federal Communications Commission pursuant to Public Law 111-5. ``(d) Report.--The Secretary of Agriculture shall submit a report on planned spending and actual obligations describing the use of the funds made available under this section not later than 90 days after the date of enactment of this Act, and quarterly thereafter, until all funds are obligated, to the Committees on Appropriations of the House of Representatives and the Senate. ``(e) Clearinghouse Website.--The Secretary of Agriculture shall create and maintain a fully searchable database, accessible on the Internet at no cost to the public that shall serve as the clearinghouse for all information relating to loans, loan guarantees, and grants made in accordance with this section, including-- ``(1) when any grant application was received and if such application was accepted, when any amounts were awarded to such applicant; and ``(2) information related to options, opportunities, resources, successful public-private partnerships, funding sources, and tutorials related to the expansion of broadband infrastructure and service into rural and tribal areas. ``(f) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to the Secretary of Agriculture to carry out this section-- ``(A) $2,000,000,000 for fiscal year 2011; and ``(B) such sums as necessary for each fiscal year thereafter. ``(2) Availability.--Any amounts appropriated to carry out this section shall remain available until expended. ``(g) Definitions.-- ``(1) In general.--As used in this section: ``(A) Rural area.-- ``(i) In general.--The term `rural area' means any area, as set forth in the most recent decennial census by the Census Bureau, which is not located within-- ``(I) a city, town, or incorporated area that has a population of greater than 20,000 inhabitants; or ``(II) an urbanized area contiguous and adjacent to a city or town that has a population of greater than 50,000 inhabitants. ``(ii) Rule of construction.--For purposes of clause (i)(II), the term `urbanized area' means a densely populated territory, as defined in the most recent decennial census by the Census Bureau. ``(B) Broadband.--The term `broadband' means 2-way data transmission with advertised speeds of at least 768 kilobytes per second downstream and at least 200 kilobytes per second upstream to end users, or providing sufficient capacity in a middle mile project to support the provision of broadband service to end users. ``(2) Unserved area; underserved area.--For purposes of the grant program under this section, the Secretary of Agriculture shall define-- ``(A) the term `unserved area' to mean any area where at least 90 percent of households in that area lack access to terrestrial broadband service; and ``(B) the term `underserved area' to mean any census tract, as determined by the most recent decennial census by the Census Bureau, where-- ``(i) no more than 50 percent of households in a proposed funded service area have access to facilities-based, terrestrial broadband service at greater than 768 kilobytes per seconds; ``(ii) no broadband provider advertises broadband transmission speeds of at least 3 megabits per second downstream; or ``(iii) the rate of broadband subscribership for the proposed funded service area is 40 percent of households or less.''. SEC. 3. BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM ESTABLISHED UNDER PUBLIC LAW 111-5. Section 6001 of Public Law 111-5 is amended-- (1) in subsection (d)(2), by striking ``the end of fiscal year 2010'' and inserting ``the date that is 2 years after the date of enactment of the Broadband Program Reauthorization Act of 2010''; (2) in subsection (f), by striking ``80 percent'' each place that term appears and inserting ``75 percent''; (3) in subsection (h)-- (A) in the matter preceding paragraph (1), by inserting ``determining eligibility and'' before ``awarding grants''; (B) in paragraph (2)(D), by striking ``; and'' and inserting a semicolon; (C) by adding at the end the following: ``(4) give priority to applications that will expand broadband opportunities in rural and tribal areas; and ``(5) allow entities that have received waiver authority from the Federal Communications Commission to use the 763-768/ 793-798 MHz (700 MHz) public safety broadband spectrum to apply for funding.''; (4) in subsection (i)-- (A) in paragraph (4), by striking ``; and'' and inserting a semicolon; and (B) in paragraph (5), by striking the period at the end and inserting ``, including information related to options, opportunities, resources, successful public- private partnerships, funding sources, and tutorials related to the expansion of broadband infrastructure and service into rural and tribal areas; and''; and (5) by adding at the end the following: ``(n) Coordination With FCC National Broadband Plan.--In carrying out this section, the Assistant Secretary shall coordinate and harmonize, to the extent possible, its activities with the national broadband plan developed by the Federal Communications Commission pursuant to title II of division A of this Act. ``(o) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to the Assistant Secretary to carry out this section-- ``(A) $2,000,000,000 for fiscal year 2011; and ``(B) such sums as may be necessary for each fiscal year thereafter. ``(2) Administrative expenses.--Of the amounts appropriated under paragraph (1), not more than 6 percent shall be available for each fiscal year to pay the administrative expenses to carry out this section. ``(p) Definitions.-- ``(1) In general.--As used in this section: ``(A) Rural area.-- ``(i) In general.--The term `rural area' means any area, as set forth in the most recent decennial census by the Census Bureau, which is not located within-- ``(I) a city, town, or incorporated area that has a population of greater than 20,000 inhabitants; or ``(II) an urbanized area contiguous and adjacent to a city or town that has a population of greater than 50,000 inhabitants. ``(ii) Rule of construction.--For purposes of clause (i)(II), the term `urbanized area' means a densely populated territory, as defined in the most recent decennial census by the Census Bureau. ``(B) Broadband.--The term `broadband' means 2-way data transmission with advertised speeds of at least 768 kilobytes per second downstream and at least 200 kilobytes per second upstream to end users, or providing sufficient capacity in a middle mile project to support the provision of broadband service to end users. ``(2) Unserved area; underserved area.--For purposes of the grant program under this section, the Assistant Secretary shall define-- ``(A) the term `unserved area' to mean any area where at least 90 percent of households in that area lack access to terrestrial broadband service; and ``(B) the term `underserved area' to mean any census tract, as determined by the most recent decennial census by the Census Bureau, where-- ``(i) no more than 50 percent of households in a proposed funded service area have access to facilities-based, terrestrial broadband service at greater than 768 kilobytes per seconds; ``(ii) no broadband provider advertises broadband transmission speeds of at least 3 megabits per second downstream; or ``(iii) the rate of broadband subscribership for the proposed funded service area is 40 percent of households or less.''. SEC. 4. OFFSETS. (a) Repeal of Expensing and 60-Month Amortization of Intangible Drilling Costs.--Subsection (c) of section 263 of the Internal Revenue Code of 1986 is amended by striking the period at the end of the third sentence and inserting ``, or to any costs paid or incurred after December 31, 2010.''. (b) Repeal of Percentage Depletion for Oil and Gas Wells.-- (1) In general.--Section 613 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Termination of Percentage Depletion for Oil and Gas Properties.--In the case of oil and gas properties, this section shall not apply to any taxable year beginning after December 31, 2010.''. (2) Limitations on percentage depletion in case of oil and gas wells.--Section 613A of such Code is amended by adding at the end the following new subsection: ``(f) Termination.--This section shall not apply to any taxable year beginning after December 31, 2010.''. (c) Denial of Deduction for Income Attributable to Domestic Production of Oil, Natural Gas, or Primary Products Thereof.-- (1) In general.--Subparagraph (B) of section 199(c)(4) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, or'', and by inserting after clause (iii) the following new clause: ``(iv) the production, refining, processing, transportation, or distribution of oil, natural gas, or any primary product thereof.''. (2) Primary product.--Section 199(c)(4)(B) of such Code is amended by adding at the end the following flush sentence: ``For purposes of clause (iv), the term `primary product' has the same meaning as when used in section 927(a)(2)(C), as in effect before its repeal.''. (3) Conforming amendments.-- (A) Section 199(c)(4) of such Code is amended-- (i) in subparagraph (A)(i)(III) by striking ``electricity, natural gas,'' and inserting ``electricity'', and (ii) in subparagraph (B)(ii) by striking ``electricity, natural gas,'' and inserting ``electricity''. (B) Section 199(d) of such Code is amended by striking paragraph (9) and by redesignating paragraph (10) as paragraph (9). (4) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2010.

Broadband Program Reauthorization Act of 2010 - Amends provisions of the Rural Electrification Act of 1936 concerning access to broadband telecommunications services in rural areas to authorize appropriations to cover the costs of grants, loans, and loan guarantees for broadband infrastructure in any area of the United States. Gives priority in making such grants, loans, and loan guarantees to projects that provide service to the highest proportion of rural residents that do not have access to broadband service and to project applications that will expand broadband opportunities in rural and tribal areas. Permits, under the Broadband Technology Opportunities Program, entities that have received waiver authority from the Federal Communications Commission (FCC) to use the 763-768/793-798 MHz (700 MHz) public safety broadband spectrum to apply for funding. Authorizes appropriations for such Program. Amends the Internal Revenue Code to: (1) repeal the expensing and 60-month amortization of intangible drilling costs; (2) repeal percentage depletion for oil and gas properties; and (3) deny the deduction for income attributable to the domestic production of oil, natural gas, or its primary products.

SECTION 1. FINDINGS. The Congress finds as follows: (1) The number of couples reporting infertility has increased from 6.1 million in 2002 to more than 7.5 million currently. (2) Studies reveal that 80 to 90 percent of infertility is acquired and could be prevented. (3) Sexually transmitted diseases (``STDs'') are the most preventable causes of infertility and potentially fatal tubal pregnancies. (4) The Centers for Disease Control and Prevention estimates that 19 million new STD infections occur each year, with almost half of them among young people ages 15 to 24 and with an increased incidence in minority populations. (5) New data reveals that environmental toxins, including lead and mercury, as well as tobacco and alcohol, are a direct threat to reproductive health. (6) The Nation's expanding aging population requires that health care providers and government agencies be prepared to address the fertility complications of aging. (7) In 10 percent of infertility cases, the causes cannot be explained. (8) Public awareness of the causes of infertility can reduce its incidence. (9) Many medical schools lack the resources to adequately train students in the causes, treatment, and patient counseling needed to reduce the incidence of infertility. SEC. 2. INTERAGENCY INFERTILITY PREVENTION TASK FORCE. (a) Establishment.--There is established a task force to be known as the ``Infertility Prevention Task Force'' (in this section referred to as the ``Task Force''). (b) Duties.--The Task Force shall develop a strategy for the Federal Government to facilitate activities to prevent infertility, including strategies for-- (1) maximizing cooperation among departments and agencies of the Federal Government and the use of resources of the Federal Government in compiling data on the incidence of infertility and the incidence and impact of the various contributing factors; (2) coordinating and encouraging research in the public and private sector on the causes and treatment of infertility; (3) developing integrated Federal policies to promote public awareness of the causes of infertility that would include substantial participation by the private sector; (4) creating an infertility prevention curriculum to serve as a model for the Nation's medical schools; and (5) establishing partnerships with industry, organized labor, academia, and State and local governments-- (A) to collect and disseminate information on infertility prevention; and (B) to coordinate appropriate agency resources, including grants, loans, and scholarships in the area of infertility prevention, including research on the causes and treatment, increased public awareness and improved medical education. (c) Membership.-- (1) Number and appointment.--The Task Force shall be composed of 10 members, as follows: (A) One member shall be the Assistant Secretary for Health. (B) One member shall be a representative of the National Institutes of Health and shall be designated by the Director of such agency. (C) One member shall be a representative of the Centers for Disease Control and Prevention and shall be designated by the Director of such agency. (D) One member shall be a representative of the Agency for Healthcare Research and Quality and shall be designated by the Director of such agency. (E) One member shall be a representative of the Environmental Protection Agency and shall be designated by the Administrator of such agency. (F) One member shall be a representative of the Association of American Medical Colleges and shall be appointed by the Secretary of Health and Human Services. (G) Four members shall be practicing or retired obstetrics-and-gynecology physicians specializing in fertility techniques and infertility prevention. Of such members-- (i) one shall be appointed by the Speaker of the House of Representatives; (ii) one shall be appointed by the minority leader of the House; (iii) one shall be appointed by the majority leader of the Senate; and (iv) one shall be appointed by the minority leader of the Senate. (2) Chairperson.--The Assistant Secretary for Health shall serve as the chairperson of the Task Force. (3) Deadline for appointment.--Each of the members of the Task Force shall be designated or appointed under subsection (c) for service on the Task Force not later than 90 days after the date of the enactment of this Act. (4) Vacancies.--A vacancy in the Task Force shall be filled in the manner in which the original appointment was made. (5) Prohibition of compensation.--Members of the Task Force may not receive pay, allowances, or benefits by reason of their service on the Task Force. (d) Meetings.-- (1) In general.--The Task Force shall meet at the call of the Chairperson. (2) Frequency.--The Task Force shall meet not less than four times each year. (3) Quorum.--Six members of the Task Force shall constitute a quorum. (e) Annual Reports.--Not later than one year after the date of the enactment of this Act, and annually thereafter for the succeeding four years, the Task Force shall submit to the Congress, and make available to the public, a report detailing the activities of the Task Force and containing the findings, strategies, recommendations, policies, and initiatives developed pursuant to the duties of the Task Force under subsection (b). (f) Termination.--The Task Force shall terminate on the date of the submission of the final report under subsection (e).

Establishes the Infertility Prevention Task Force to develop a federal strategy to facilitate activities to prevent infertility, including strategies for: (1) maximizing cooperation among federal departments and agencies and the use of resources in compiling data on the incidence of infertility; (2) coordinating and encouraging research on the causes and treatment of infertility; (3) developing federal policies to promote public awareness of the causes of infertility; (4) creating an infertility prevention curriculum to serve as a model for medical schools; and (5) establishing partnerships with industry, organized labor, academia, and state and local governments to collect and disseminate information on infertility prevention and coordinate appropriate agency resources in the area of infertility prevention.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Certain Estate Tax Relief Act of 2009''. SEC. 2. RETENTION OF ESTATE TAX; REPEAL OF CARRYOVER BASIS. (a) In General.--Subtitles A and E of title V of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subtitles, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subtitles, and amendments, had never been enacted. (b) Sunset Not To Apply.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to title V of such Act. (c) Conforming Amendments.--Subsections (d) and (e) of section 511 of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subsections, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subsections, and amendments, had never been enacted. SEC. 3. MODIFICATIONS TO ESTATE TAX. (a) $3,500,000 Exclusion Equivalent of Unified Credit.--Subsection (c) of section 2010 of the Internal Revenue Code of 1986 (relating to applicable credit amount) is amended by striking all that follows ``the applicable exclusion amount'' and inserting ``. For purposes of the preceding sentence, the applicable exclusion amount is $3,500,000.''. (b) Freeze Maximum Estate Tax Rate at 45 Percent; Restoration of Phaseout of Graduated Rates and Unified Credit.-- (1) Paragraph (1) of section 2001(c) of such Code is amended by striking the last 2 items in the table and inserting the following new item: ``Over $1,500,000............................ $555,800, plus 45 percent of the excess of such amount over $1,500,000.''. (2) Paragraph (2) of section 2001(c) of such Code is amended to read as follows: ``(2) Phaseout of graduated rates and unified credit.--The tentative tax determined under paragraph (1) shall be increased by an amount equal to 5 percent of so much of the amount (with respect to which the tentative tax is to be computed) as exceeds $10,000,000. The amount of the increase under the preceding sentence shall not exceed the sum of the applicable credit amount under section 2010(c) and $119,200.''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2009. SEC. 4. VALUATION RULES FOR CERTAIN TRANSFERS OF NONBUSINESS ASSETS; LIMITATION ON MINORITY DISCOUNTS. (a) In General.--Section 2031 of the Internal Revenue Code of 1986 (relating to definition of gross estate) is amended by redesignating subsection (d) as subsection (f) and by inserting after subsection (c) the following new subsections: ``(d) Valuation Rules for Certain Transfers of Nonbusiness Assets.--For purposes of this chapter and chapter 12-- ``(1) In general.--In the case of the transfer of any interest in an entity other than an interest which is actively traded (within the meaning of section 1092)-- ``(A) the value of any nonbusiness assets held by the entity shall be determined as if the transferor had transferred such assets directly to the transferee (and no valuation discount shall be allowed with respect to such nonbusiness assets), and ``(B) the nonbusiness assets shall not be taken into account in determining the value of the interest in the entity. ``(2) Nonbusiness assets.--For purposes of this subsection-- ``(A) In general.--The term `nonbusiness asset' means any asset which is not used in the active conduct of 1 or more trades or businesses. ``(B) Exception for certain passive assets.--Except as provided in subparagraph (C), a passive asset shall not be treated for purposes of subparagraph (A) as used in the active conduct of a trade or business unless-- ``(i) the asset is property described in paragraph (1) or (4) of section 1221(a) or is a hedge with respect to such property, or ``(ii) the asset is real property used in the active conduct of 1 or more real property trades or businesses (within the meaning of section 469(c)(7)(C)) in which the transferor materially participates and with respect to which the transferor meets the requirements of section 469(c)(7)(B)(ii). For purposes of clause (ii), material participation shall be determined under the rules of section 469(h), except that section 469(h)(3) shall be applied without regard to the limitation to farming activity. ``(C) Exception for working capital.--Any asset (including a passive asset) which is held as a part of the reasonably required working capital needs of a trade or business shall be treated as used in the active conduct of a trade or business. ``(3) Passive asset.--For purposes of this subsection, the term `passive asset' means any-- ``(A) cash or cash equivalents, ``(B) except to the extent provided by the Secretary, stock in a corporation or any other equity, profits, or capital interest in any entity, ``(C) evidence of indebtedness, option, forward or futures contract, notional principal contract, or derivative, ``(D) asset described in clause (iii), (iv), or (v) of section 351(e)(1)(B), ``(E) annuity, ``(F) real property used in 1 or more real property trades or businesses (as defined in section 469(c)(7)(C)), ``(G) asset (other than a patent, trademark, or copyright) which produces royalty income, ``(H) commodity, ``(I) collectible (within the meaning of section 401(m)), or ``(J) any other asset specified in regulations prescribed by the Secretary. ``(4) Look-thru rules.-- ``(A) In general.--If a nonbusiness asset of an entity consists of a 10-percent interest in any other entity, this subsection shall be applied by disregarding the 10-percent interest and by treating the entity as holding directly its ratable share of the assets of the other entity. This subparagraph shall be applied successively to any 10-percent interest of such other entity in any other entity. ``(B) 10-percent interest.--The term `10-percent interest' means-- ``(i) in the case of an interest in a corporation, ownership of at least 10 percent (by vote or value) of the stock in such corporation, ``(ii) in the case of an interest in a partnership, ownership of at least 10 percent of the capital or profits interest in the partnership, and ``(iii) in any other case, ownership of at least 10 percent of the beneficial interests in the entity. ``(5) Coordination with subsection (b).--Subsection (b) shall apply after the application of this subsection. ``(e) Limitation on Minority Discounts.--For purposes of this chapter and chapter 12, in the case of the transfer of any interest in an entity other than an interest which is actively traded (within the meaning of section 1092), no discount shall be allowed by reason of the fact that the transferee does not have control of such entity if the transferee and members of the family (as defined in section 2032A(e)(2)) of the transferee have control of such entity.''. (b) Effective Date.--The amendments made by this section shall apply to transfers after the date of the enactment of this Act.

Certain Estate Tax Relief Act of 2009 - Repeals provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) eliminating the tax on estates and generation-skipping transfers and the step-up in basis provisions for property acquired from a decedent for estates of decedents dying after 2009. Declares that the sunset provision (general terminating date of December 10, 2010) of EGTRRA shall not apply to title V of such Act ( Estate, Gift, and Generation-Skipping Transfer Tax Provisions). Amends the Internal Revenue Code to: (1) provide for an increase to $3.5 million of the estate tax exclusion (eliminating the phase-in period); (2) impose a maximum estate tax rate of 45% ; (3) restore the phaseout of graduated estate tax rates and the unified credit against the estate tax; (4) set forth estate valuation rules for certain transfers of nonbusiness assets; and (5) limit estate tax discounts for certain individuals with minority interests in a business acquired from a decedent.

SECTION 1. FINDINGS. The Congress finds that-- (1) interstate public offerings of debt securities by corporations and other entities that are registered under Federal securities laws are required to be covered by a trust indenture meeting the requirements of the Trust Indenture Act of 1939 (``1939 Act''); (2) a trust indenture is a contractual agreement between the issuer of the debt securities and a financial institution as trustee for the benefit and protection of public debtholders; (3) a trust indenture under the 1939 Act sets forth certain responsibilities and rights of the issuer and the trustee, including the obligation of the issuer to make payment of interest and principal on the debt securities to debtholders, and it sets forth events of default which can trigger actions by the trustee on behalf of the debtholders to have the default cured or to otherwise obtain payment for debtholders; (4) the 1939 Act does not, however, contain provisions that would require a successor corporation to the issuer resulting from a merger, consolidation, sale of substantially all of its assets, share exchange or other transaction having substantially equivalent effect, to assume payment responsibility for the predecessor/issuer's debt securities; (5) sample trust indenture provisions set forth in sections 801 and 802 of the American Bar Foundation's Model Debenture Indenture Provisions (``ABF Model Indenture'', approved and adopted in 1967) for registered public offerings of debt securities attempt to deal with the ``successor responsibility for payment'' situation, but fail to specifically cover ``share exchanges'' (which are types of corporate reorganization transactions developed subsequent to 1967) or ``equivalent effect'' transactions; (6) issuers of debt securities are not currently required to include in their trust indentures any section dealing with the ``successor liability for payment'' situation, inasmuch as inclusion of the ABF Model Indenture provisions on that subject, in whole or in part, is voluntary by the issuer; (7) certain issuers of debt securities to the public in registered offerings have engaged in share exchange transactions (that are substantially equivalent to mergers), with successor corporations, where such issuers have sought to avoid successor payment responsibility on the debt securities on the premise that the language of their trust indenture provisions regarding successor payment responsibility does not specifically cover share exchanges nor state that such sections would be applicable to any other transactions having effects substantially equivalent to a merger, combination, or sale of substantially all the issuer's assets; and (8) it is appropriate and necessary for the protection of public purchasers of debt securities in publicly registered offerings under the Federal securities laws that trust indentures relating to such debt securities be required under the 1939 Act to have successor payment responsibility provisions, and that such provisions be drafted with language that is both complete and flexible in order to assure that a successor to an issuer of debt securities resulting from a merger or equivalent transaction cannot avoid payment responsibility that would disastrously injure public debtholders. SEC. 2. AMENDMENT TO THE TRUST INDENTURE ACT OF 1939. The Trust Indenture Act of 1939 is amended by adding after section 328 (15 U.S.C. 77bbbb) the following new section: ``merger, consolidation, conveyance, or transfer. ``Sec. 329. (a) Conditions on Transaction.--An issuer of any security subject to this title shall not consolidate with or merge into any other corporation or convey or transfer its properties and assets substantially as an entirety to any person, or engage in any equity or share exchange transaction with any other person or with the security holders of any other person which results in a reduction of the assets available to the issuer, or engage in any other transaction having a substantially equivalent effect, unless-- ``(1) the corporation formed by such consolidation or into which the issuer is merged or the person which acquires by conveyance or transfer the properties and assets of the issuer substantially as an entirety, or the person which acquires the shares of the issuer or whose equity holders acquire such shares, in a transaction which results in a reduction of the assets available to the issuer, shall be a corporation organized and existing under the laws of the United States of America or any State or the District of Columbia, and shall expressly assume, by an indenture supplemental hereto, executed and delivered to the trustee, in form satisfactory to the trustee, the due and punctual payment of the principal of (and premium, if any) and interest on all the securities and the performance of every covenant of the indenture on the part of the issuer to be performed or observed; ``(2) immediately after giving effect to such transition, no event of default, and no event which, after notice or lapse of time, or both, would become an event of default, shall have happened and be continuing; and ``(3) the issuer has delivered to the trustee an officers' certificate and an opinion of counsel each stating that such consolidation, merger, conveyance, transfer, equity or share exchange transaction, or transaction having a substantially equivalent effect, and such supplemental indenture comply with this article and that all conditions precedent herein provided for relating to such transaction have been complied with. ``(b) Rights and Obligations Under Indenture of Successor Corporation.--Upon any consolidation or merger, or any conveyance or transfer of the properties and assets of the issuer substantially as an entirety, or equity or share exchange transaction described in subsection (a), or any transaction having a substantially equivalent effect, in accordance with subsection (a), the person subject to subsection (a)(1) shall succeed to, and be substituted for, and may exercise every right and power of, the issuer under the indenture with the same effect as if such successor corporation had been named as the issuer: Provided, however, That no such consolidation, merger, conveyance, transfer, or equity or share exchange or other transaction shall have the effect of releasing the issuer, or any successor corporation which shall have become a successor by operation of this section from its liability as obligor and maker on any of the securities.''.

Amends the Trust Indenture Act of 1939 to prohibit certain corporate mergers, consolidations, conveyances, or transfer transactions by the issuer of federally registered debt securities in which the assets available to the issuer are reduced, unless the successor entity expressly assumes, by a supplement to the original trust indenture, the payment of interest and principal of all the securities involved and the performance of every covenant of the predecessor's indenture. Declares that subsequent to such transactions: (1) the successor corporation shall succeed to, and exercise every right and power of, the original issue under the indenture; and (2) neither the predecessor corporation, nor its successor, shall be released from its liabilities as obligor or maker on its respective securities.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Universal National Service Act of 2007''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--NATIONAL SERVICE Sec. 101. Definitions. Sec. 102. National service obligation. Sec. 103. Induction to perform national service. Sec. 104. Two-year period of national service. Sec. 105. Implementation by the President. Sec. 106. Examination and classification of persons. Sec. 107. Deferments and postponements. Sec. 108. Induction exemptions. Sec. 109. Conscientious objection. Sec. 110. Discharge following national service. Sec. 111. Registration of females under the Military Selective Service Act. Sec. 112. Relation of title to registration and induction authority of Military Selective Service Act. TITLE II--FAVORABLE TREATMENT OF COMBAT PAY UNDER EARNED INCOME TAX CREDIT MADE PERMANENT Sec. 201. Favorable treatment of combat pay under earned income tax credit made permanent. TITLE I--NATIONAL SERVICE SEC. 101. DEFINITIONS. In this title: (1) The term ``contingency operation'' has the meaning given that term in section 101(a)(13) of title 10, United States Code. (2) The term ``military service'' means service performed as a member of an active or reserve component of the uniformed services. (3) The term ``national service'' means military service or service in a civilian capacity that, as determined by the President, promotes the national defense, including national or community service and service related to homeland security. (4) The term ``Secretary concerned'' means the Secretary of Defense with respect to the Army, Navy, Air Force, and Marine Corps, the Secretary of Homeland Security with respect to the Coast Guard, the Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration, and the Secretary of Health and Human Services, with respect to the Public Health Service. (5) The term ``United States'', when used in a geographical sense, means the several States, the District of Columbia, Puerto Rico, the Virgin Islands, and Guam. (6) The term ``uniformed services'' means the Army, Navy, Air Force, Marine Corps, Coast Guard, commissioned corps of the National Oceanic and Atmospheric Administration, and commissioned corps of the Public Health Service. SEC. 102. NATIONAL SERVICE OBLIGATION. (a) Obligation for Service.--It is the obligation of every citizen of the United States, and every other person residing in the United States, who is between the ages of 18 and 42 to perform a period of national service as prescribed in this title unless exempted under the provisions of this title. (b) Forms of National Service.--The national service obligation under this title shall be performed either-- (1) as a member of an active or reserve component of the uniformed services; or (2) in a civilian capacity that, as determined by the President, promotes the national defense, including national or community service and service related to homeland security. (c) Age Limits.--A person may be inducted under this title only if the person has attained the age of 18 and has not attained the age of 42. SEC. 103. INDUCTION TO PERFORM NATIONAL SERVICE. (a) Induction Requirements.--The President shall provide for the induction of persons described in section 102(a) to perform their national service obligation. (b) Limitation on Induction for Military Service.--Persons described in section 102(a) may be inducted to perform military service only if-- (1) a declaration of war is in effect; (2) the President declares a national emergency, which the President determines necessitates the induction of persons to perform military service, and immediately informs Congress of the reasons for the declaration and the need to induct persons for military service; or (3) members of the Army, Navy, Air Force, or Marine Corps are engaged in a contingency operation pursuant to a congressional authorization for the use of military force. (c) Limitation on Number of Persons Inducted for Military Service.--When the induction of persons for military service is authorized by subsection (b), the President shall determine the number of persons described in section 102(a) whose national service obligation is to be satisfied through military service based on-- (1) the authorized end strengths of the uniformed services; and (2) the feasibility of the uniformed services to recruit sufficient volunteers to achieve such end-strength levels. (3) provide a mechanism for the random selection of persons to be inducted to perform military service. (d) Selection for Induction.-- (1) Random selection for military service.--When the induction of persons for military service is authorized by subsection (b), the President shall utilize a mechanism for the random selection of persons to be inducted to perform military service. (2) Civilian service.--Persons described in section 102(a) who do not volunteer to perform military service or are not inducted for military service shall perform their national service obligation in a civilian capacity pursuant to section 102(b)(2). (e) Voluntary Service.--A person subject to induction under this title may-- (1) volunteer to perform national service in lieu of being inducted; or (2) request permission to be inducted at a time other than the time at which the person is otherwise called for induction. SEC. 104. TWO-YEAR PERIOD OF NATIONAL SERVICE. (a) General Rule.--Except as otherwise provided in this section, the period of national service performed by a person under this title shall be two years. (b) Grounds for Extension.--At the discretion of the President, the period of military service for a member of the uniformed services under this title may be extended-- (1) with the consent of the member, for the purpose of furnishing hospitalization, medical, or surgical care for injury or illness incurred in line of duty; or (2) for the purpose of requiring the member to compensate for any time lost to training for any cause. (c) Early Termination.--The period of national service for a person under this title shall be terminated before the end of such period under the following circumstances: (1) The voluntary enlistment and active service of the person in an active or reserve component of the uniformed services for a period of at least two years, in which case the period of basic military training and education actually served by the person shall be counted toward the term of enlistment. (2) The admission and service of the person as a cadet or midshipman at the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the Coast Guard Academy, or the United States Merchant Marine Academy. (3) The enrollment and service of the person in an officer candidate program, if the person has signed an agreement to accept a Reserve commission in the appropriate service with an obligation to serve on active duty if such a commission is offered upon completion of the program. (4) Such other grounds as the President may establish. SEC. 105. IMPLEMENTATION BY THE PRESIDENT. (a) In General.--The President shall prescribe such regulations as are necessary to carry out this title. (b) Matter to Be Covered by Regulations.--Such regulations shall include specification of the following: (1) The types of civilian service that may be performed in order for a person to satisfy the person's national service obligation under this title. (2) Standards for satisfactory performance of civilian service and of penalties for failure to perform civilian service satisfactorily. (3) The manner in which persons shall be selected for induction under this title, including the manner in which those selected will be notified of such selection. (4) All other administrative matters in connection with the induction of persons under this title and the registration, examination, and classification of such persons. (5) A means to determine questions or claims with respect to inclusion for, or exemption or deferment from induction under this title, including questions of conscientious objection. (6) Standards for compensation and benefits for persons performing their national service obligation under this title through civilian service. (7) Such other matters as the President determines necessary to carry out this title. (c) Use of Prior Act.--To the extent determined appropriate by the President, the President may use for purposes of this title the procedures provided in the Military Selective Service Act (50 U.S.C. App. 451 et seq.), including procedures for registration, selection, and induction. SEC. 106. EXAMINATION AND CLASSIFICATION OF PERSONS. (a) Examination.--Every person subject to induction under this title shall, before induction, be physically and mentally examined and shall be classified as to fitness to perform national service. (b) Different Classification Standards.--The President may apply different classification standards for fitness for military service and fitness for civilian service. SEC. 107. DEFERMENTS AND POSTPONEMENTS. (a) High School Students.--A person who is pursuing a standard course of study, on a full-time basis, in a secondary school or similar institution of learning shall be entitled to have induction under this title postponed until the person-- (1) obtains a high school diploma; (2) ceases to pursue satisfactorily such course of study; or (3) attains the age of 20. (b) Hardship and Disability.--Deferments from national service under this title may be made for-- (1) extreme hardship; or (2) physical or mental disability. (c) Training Capacity.--The President may postpone or suspend the induction of persons for military service under this title as necessary to limit the number of persons receiving basic military training and education to the maximum number that can be adequately trained. (d) Termination.--No deferment or postponement of induction under this title shall continue after the cause of such deferment or postponement ceases. SEC. 108. INDUCTION EXEMPTIONS. (a) Qualifications.--No person may be inducted for military service under this title unless the person is acceptable to the Secretary concerned for training and meets the same health and physical qualifications applicable under section 505 of title 10, United States Code, to persons seeking original enlistment in a regular component of the Armed Forces. (b) Other Military Service.--No person shall be liable for induction under this title who-- (1) is serving, or has served honorably for at least six months, in any component of the uniformed services on active duty; or (2) is or becomes a cadet or midshipman at the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the Coast Guard Academy, the United States Merchant Marine Academy, a midshipman of a Navy accredited State maritime academy, a member of the Senior Reserve Officers' Training Corps, or the naval aviation college program, so long as that person satisfactorily continues in and completes at least two years training therein. SEC. 109. CONSCIENTIOUS OBJECTION. (a) Claims as Conscientious Objector.--Nothing in this title shall be construed to require a person to be subject to combatant training and service in the uniformed services, if that person, by reason of sincerely held moral, ethical, or religious beliefs, is conscientiously opposed to participation in war in any form. (b) Alternative Noncombatant or Civilian Service.--A person who claims exemption from combatant training and service under subsection (a) and whose claim is sustained by the local board shall-- (1) be assigned to noncombatant service (as defined by the President), if the person is inducted into the uniformed services; or (2) be ordered by the local board, if found to be conscientiously opposed to participation in such noncombatant service, to perform national civilian service for the period specified in section 104(a) and subject to such regulations as the President may prescribe. SEC. 110. DISCHARGE FOLLOWING NATIONAL SERVICE. (a) Discharge.--Upon completion or termination of the obligation to perform national service under this title, a person shall be discharged from the uniformed services or from civilian service, as the case may be, and shall not be subject to any further service under this title. (b) Coordination With Other Authorities.--Nothing in this section shall limit or prohibit the call to active service in the uniformed services of any person who is a member of a regular or reserve component of the uniformed services. SEC. 111. REGISTRATION OF FEMALES UNDER THE MILITARY SELECTIVE SERVICE ACT. (a) Registration Required.--Section 3(a) of the Military Selective Service Act (50 U.S.C. 453(a)) is amended-- (1) by striking ``male'' both places it appears; (2) by inserting ``or herself'' after ``himself''; and (3) by striking ``he'' and inserting ``the person''. (b) Conforming Amendment.--Section 16(a) of the Military Selective Service Act (50 U.S.C. App. 466(a)) is amended by striking ``men'' and inserting ``persons''. SEC. 112. RELATION OF TITLE TO REGISTRATION AND INDUCTION AUTHORITY OF MILITARY SELECTIVE SERVICE ACT. (a) Registration.--Section 4 of the Military Selective Service Act (50 U.S.C. App. 454) is amended by inserting after subsection (g) the following new subsection: ``(h) This section does not apply with respect to the induction of persons into the Armed Forces pursuant to the Universal National Service Act of 2007.''. (b) Induction.--Section 17(c) of the Military Selective Service Act (50 U.S.C. App. 467(c)) is amended by striking ``now or hereafter'' and all that follows through the period at the end and inserting ``inducted pursuant to the Universal National Service Act of 2007.''. TITLE II--FAVORABLE TREATMENT OF COMBAT PAY UNDER EARNED INCOME TAX CREDIT MADE PERMANENT SEC. 201. FAVORABLE TREATMENT OF COMBAT PAY UNDER EARNED INCOME TAX CREDIT MADE PERMANENT. (a) In General.--Clause (vi) of section 32(c)(2)(B) of the Internal Revenue Code of 1986 (defining earned income) is amended to read as follows: ``(vi) a taxpayer may elect for any taxable year to treat amounts excluded from gross income by reason of section 112 as earned income.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years ending after December 31, 2006.

Universal National Service Act of 2007 - Declares that it is the obligation of every U.S. citizen, and every other person residing in the United States, between the ages of 18 and 42 to perform a two-year period of national service, unless exempted, either as a member of an active or reserve component of the armed forces or in a civilian capacity that promotes national defense. Requires induction into national service by the President. Allows persons to be inducted only: (1) under a declaration of war or national emergency; or (2) when members of the Armed Forces are engaged in a contingency operation. Requires each person, before induction, to be examined physically and mentally for classification for fitness to perform. Sets forth provisions governing: (1) induction deferments, postponements, and exemptions, including exemption of a conscientious objector from combatant training and military service; and (2) discharge following national service. Amends the Military Selective Service Act to authorize the military registration of females. Amends the Internal Revenue Code to permit combat pay otherwise excluded from gross income to be treated as earned income for purposes of the earned income tax credit.

SECTION 1. FINDINGS. Congress makes the following findings: (1) The Ia Drang Valley (Pleiku) campaign, carried out by the Armed Forces of the United States in the Ia Drang Valley of Vietnam from October 23, 1965, to November 26, 1965, pitted forces of the United States Army against North Vietnamese Army regulars in vicious battles in which many United States soldiers displayed extraordinary heroism, sacrifice, and bravery which has not yet been officially recognized through award of appropriate decorations. (2) One of those battles, a running 4-day battle fought from November 14 to November 18, 1965, encompassed the first battalion-sized Army engagement with North Vietnamese Army regulars. (3) The soldiers of the United States Army units engaged in the battle encountered and fought valiantly against an overwhelming force of more than 2,000 North Vietnamese Army regulars for an extended period under notably difficult conditions. (4) Historical literature published in the early 1990s authoritatively documents repeated acts of extraordinary heroism, sacrifice, and bravery on the part of many of the United States Army soldiers who were engaged in the battles of the Ia Drang Valley (Pleiku) campaign, many of whom have never been officially recognized for those acts. (5) United States Army units involved in combat in the Ia Drang Valley (Pleiku) campaign suffered substantial losses, including casualties in excess of 90 percent of strength in the case of some companies. (6) The incidence of heavy casualties throughout the campaign has inhibited the timely collection of comprehensive and detailed information to support recommendations for awards for the acts of heroism, sacrifice, and bravery performed in the Ia Drang Valley (Pleiku) campaign engagements. (7) Requests to the Secretary of the Army for review of award recommendations for those acts have been denied because of restrictions in law and Army regulations that relate to timely filing of recommendations and requirements for documented justification. (8) Acts of heroism, sacrifice, and bravery performed in combat by members of the Armed Forces of the United States deserve appropriate and timely recognition by the people of the United States. (9) It is inappropriate for United States policy to restrict recognition of military personnel for acts of extraordinary heroism, sacrifice, or bravery that are belatedly, but properly, documented by persons who witnessed those acts. SEC. 2. IA DRANG VALLEY (PLEIKU) CAMPAIGN DEFINED. For the purposes of this Act, the Ia Drang Valley (Pleiku) campaign is the campaign of military operations carried out by the Armed Forces of the United States in the Ia Drang Valley of Vietnam during the period beginning on October 23, 1965, and ending on November 26, 1965, and includes the activities of Army units and Army personnel in providing direct support in or for such operations during that period. SEC. 3. WAIVER OF RESTRICTIONS. (a) Award Authorized.--Notwithstanding any other provision of law, the Secretary of Defense or the Secretary of the Army may award a decoration to any person for an act, an achievement, or service that the person performed in the Ia Drang Valley (Pleiku) campaign while serving on active duty in the Army. (b) Decorations Covered.--Subsection (a) applies to any decoration (including any device in lieu of a decoration) that, during or after the period of the Ia Drang Valley (Pleiku) campaign and before the date of the enactment of this Act, was authorized by Congress or under regulations of the Department of Defense or the Department of the Army to be awarded to a person for an act, an achievement, or service performed by that person while serving on active duty in the Army. (c) Definition.--In this section, the term ``active duty'' has the meaning given such term in section 101(d)(1) of title 10, United States Code. SEC. 4. REVIEW OF AWARD RECOMMENDATIONS. (a) Review Required.--The Secretary of the Army shall review all recommendations for awards for acts, achievements, or service described in section 3(a) that have been received by the Secretary before the end of the period of the review, including recommendations received before the date of the enactment of this Act. (b) Period of Review.--The Secretary shall begin the review within 30 days after the date of the enactment of this Act and shall complete the review within one year after such date. (c) Process.--The Secretary may use the same process for carrying out the review as the Secretary uses for reviewing other recommendations for awarding decorations to members of the Army for acts, achievements, or service. (d) Report to Congress.--(1) Upon completing the review, the Secretary shall submit a report on the review to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives. (2) The report shall contain the following information on each recommendation for award reviewed: (A) A summary of the recommendation. (B) The findings resulting from the review. (C) The final action taken on the recommendation.

Authorizes the Secretary of Defense or the Army to award a military decoration to any person for an act, achievement, or service performed in the Ia Drang Valley (Pleiku) campaign in Vietnam during the Vietnam War while serving on active Army duty. Directs the Secretary of the Army to: (1) review all recommendations for such awards received within 30 days after the enactment of this Act, including those received before such enactment; and (2) report to specified congressional committees concerning review findings, recommendations, and any final actions taken with respect to such awards.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Marijuana Research Act of 2016''. SEC. 2. PRODUCTION AND SUPPLY. (a) In General.--The Secretary of Health and Human Services-- (1) until the date on which the Secretary determines that manufacturers and distributors (other than the Federal Government) can ensure a sufficient supply of marijuana for qualified medical marijuana researchers, shall-- (A) continue to produce marijuana through the National Institute on Drug Abuse (NIDA) Drug Supply Program; and (B) offer for sale immature marijuana plants and the seeds of marijuana-- (i) to all qualified medical marijuana researchers who submit a request for such plants or seeds to engage in research pursuant to the section 303(f)(3) of the Controlled Substances Act, as amended by section 3; and (ii) in quantities sufficient to produce an adequate supply of marijuana for such research; and (2) beyond the date specified in paragraph (1), may, at the Secretary's discretion, continue to so produce and supply marijuana. (b) Requirement To Verify Registration.--Before supplying marijuana to any person through the National Institute on Drug Abuse Drug Supply Program, the Secretary of Health and Human Services shall-- (1) require the person to submit documentation demonstrating that the person is a qualified medical marijuana researcher seeking to conduct research pursuant to the section 303(f)(3) of the Controlled Substances Act, as amended by section 3; and (2) not later than 30 days after receipt of such documentation, review such documentation and verify that the marijuana will be used for such research. (c) Guidelines on Production.--The Commissioner of Food and Drugs, in consultation with the Director of the National Institute on Drug Abuse, shall-- (1) not later than 180 days after the date of enactment of this Act, issue guidelines on the production of marijuana by qualified medical marijuana researchers pursuant to subsection (a)(1)(B); and (2) encourage researchers and manufacturers that are authorized to produce or manufacture marijuana pursuant to section 303 of the Controlled Substances Act (21 U.S.C. 823), as amended by this Act, to comply with such guidelines to the extent applicable. (d) Definition.--In this section: (1) The term ``immature marijuana plant'' means a marijuana plant with no observable flowers or buds. (2) The term ``qualified medical marijuana researcher'' means a researcher who is registered to conduct research with marijuana under section 303(f)(3) of the Controlled Substances Act, as amended by section 3. SEC. 3. FACILITATING MARIJUANA RESEARCH. (a) In General.--Section 303(f) of the Controlled Substances Act (21 U.S.C. 823(f)) is amended-- (1) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively; (2) by striking ``(f) The Attorney General'' and inserting ``(f)(1) The Attorney General''; (3) by striking ``Registration applications'' and inserting the following: ``(2) Registration applications''; (4) in paragraph (2), as so designated, by striking ``schedule I'' each place that term appears and inserting ``schedule I, except marijuana,''; (5) by striking ``Article 7'' and inserting the following: ``(4) Article 7''; and (6) by inserting before paragraph (4), as so designated, the following: ``(3)(A) The Attorney General shall register a practitioner to conduct research with marijuana if-- ``(i) the applicant is authorized to dispense, or conduct research with respect to, controlled substances in schedules II, III, IV, and V under the laws of the State in which the applicant practices; ``(ii) the applicant's research protocol-- ``(I) has been reviewed and allowed by-- ``(aa) the Secretary under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)); or ``(bb) the National Institutes of Health or another Federal agency that funds scientific research; or ``(II) in the case of nonhuman research that is not federally funded, has been voluntarily submitted by the applicant to, and approved by, the National Institutes of Health; and ``(iii) the applicant has demonstrated that there are effective procedures in place to adequately safeguard against diversion of the marijuana from legitimate medical or scientific use, in accordance with subparagraph (E). ``(B) The Attorney General shall grant an application for registration under this paragraph unless the Attorney General determines that the issuance of the registration would be inconsistent with the public interest. In determining the public interest, the following factors shall be considered: ``(i) The applicant's experience in dispensing, or conducting research with respect to, controlled substances. ``(ii) The applicant's conviction record under Federal or State laws relating to the manufacture, distribution, or dispensing of controlled substances. ``(iii) Compliance with applicable State, Federal, or local laws relating to controlled substances. ``(iv) Such other conduct by the applicant that may threaten the public health and safety. ``(C) Not later than 90 days after the date of enactment of the Medical Marijuana Research Act of 2016, for purposes of subparagraph (A)(ii)(II), the National Institutes of Health shall establish a process that-- ``(i) allows a researcher to voluntarily submit the research protocol of the researcher for review and approval; and ``(ii) provides a researcher described in clause (i) with a decision not less than 30 days after the date on which the research protocol is submitted. ``(D)(i) Not later than 60 days after the date on which the Attorney General receives a complete application for registration under this paragraph, the Attorney General shall approve or deny the application. ``(ii) For purposes of clause (i), an application shall be deemed complete when the applicant has submitted documentation showing that the requirements under subparagraph (A) are satisfied. ``(E)(i) A researcher registered under this paragraph shall store marijuana to be used in research in a securely locked, substantially constructed cabinet. ``(ii) Except as provided in clause (i), any security measures required by the Attorney General for practitioners conducting research with marijuana pursuant to a registration under this paragraph shall be consistent with the security measures for practitioners conducting research on other controlled substances in schedule II that have a similar risk of diversion and abuse. ``(F)(i) If the Attorney General grants an application for registration under this paragraph, the applicant may amend or supplement the research protocol without reapplying if the applicant does not-- ``(I) change the type of drug, the source of the drug, or the conditions under which the drug is stored, tracked, or administered; or ``(II) otherwise increase the risk of diversion. ``(ii) If an applicant amends or supplements the research protocol or initiates research on a new research protocol under clause (i), the applicant shall, in order to renew the registration under this paragraph, provide notice to the Attorney General of the amended or supplemented research protocol or any new research protocol in the applicant's renewal materials. ``(iii)(I) If an applicant amends or supplements a research protocol and the amendment or supplement involves a change to the type of drug, the source of the drug, or conditions under which the drug is stored, tracked, or administered or otherwise increases the risk of diversion, the applicant shall provide notice to the Attorney General not later than 30 days before proceeding on such amended or supplemental research or new research protocol, as the case may be. ``(II) If the Attorney General does not object during the 30-day period following a notification under subclause (I), the applicant may proceed with the amended or supplemental research or new research protocol. ``(iv) The Attorney General may object to an amended or supplemental protocol or a new research protocol under clause (i) or (iii) only if additional security measures are needed to safeguard against diversion or abuse. ``(G) If marijuana or a compound of marijuana is listed on a schedule other than schedule I, the provisions of paragraphs (1), (2), and (4) that apply to research with a controlled substance in the applicable schedule shall apply to research with marijuana or that compound, as applicable, in lieu of the provisions of subparagraphs (A) through (G) of this paragraph.''. (b) Conforming Amendment.--Section 102(16) of the Controlled Substances Act (21 U.S.C. 802(16)) is amended by inserting ``or `marijuana''' after ``The term `marihuana'''. SEC. 4. MANUFACTURE AND DISTRIBUTION OF MARIJUANA FOR USE IN LEGITIMATE, MEDICAL RESEARCH. Section 303 of the Controlled Substances Act (21 U.S.C. 823), as amended by section 3, is further amended by adding at the end the following: ``(k) Registration of Persons To Manufacture and Distribute Marijuana for Use in Legitimate, Medical Research.-- ``(1) Registration of manufacturers.--Beginning not later than the day that is 1 year after the date of enactment of the Medical Marijuana Research Act of 2016, the Attorney General shall register an applicant to manufacture marijuana to the extent the marijuana will be used exclusively by qualified medical marijuana researchers for research pursuant to subsection (f)(3), unless the Attorney General determines that the issuance of such registration is inconsistent with the public interest. In determining the public interest, the Attorney General shall-- ``(A) take into consideration-- ``(i) maintenance of effective controls against diversion of marijuana and any controlled substance compounded therefrom into other than legitimate medical, scientific, or research channels; ``(ii) compliance with applicable State and local law; and ``(iii) prior conviction record of the applicant under Federal or State laws relating to the manufacture, distribution, or dispensing of such substances; and ``(B) not take into consideration any factors other than the factors listed in subparagraph (A). ``(2) Registration of distributors.--Beginning not later than the day that is 1 year after the date of enactment of the Medical Marijuana Research Act of 2016, the Attorney General shall register an applicant to distribute marijuana that is intended to be used exclusively by qualified medical marijuana researchers for research pursuant to subsection (f)(3), unless the Attorney General determines that the issuance of such registration is inconsistent with the public interest. In determining the public interest, the Attorney General shall-- ``(A) take into consideration-- ``(i) maintenance of effective controls against diversion of marijuana and any controlled substance compounded therefrom into other than legitimate medical, scientific, or research channels; ``(ii) compliance with applicable State and local law; ``(iii) prior conviction record of the applicant under Federal or State laws relating to the manufacture, distribution, or dispensing of such substances; and ``(iv) past experience in the distribution of controlled substances, and the existence in the establishment of effective controls against diversion; and ``(B) not take into consideration any factors other than the factors listed in subparagraph (A). ``(3) No limit on number of manufacturers and distributors.--Notwithstanding any other provision of law, the Attorney General shall not impose or implement any limit on the number of persons eligible to be registered to manufacture or distribute marijuana pursuant to paragraph (1) or (2). ``(4) Requirement to verify use for legitimate, medical research.--As a condition on registration under this section to manufacture or distribute marijuana, the Attorney General shall require the registrant-- ``(A) to require any person to whom the marijuana will be supplied to submit documentation demonstrating that the marijuana will be used exclusively by qualified medical marijuana researchers for research pursuant to subsection (f)(3); and ``(B) not later than 30 days after receipt of such documentation, and before supplying the marijuana to such person, to review such documentation and verify that the marijuana will be so used. ``(5) Timing.--Not later than 30 days after receipt of a request for registration under this subsection to manufacture or distribute marijuana, the Attorney General shall-- ``(A) grant or deny the request; and ``(B) in the case of a denial, provide a written explanation of the basis for the denial. ``(6) Definition.--For purposes of this subsection, the term `qualified medical marijuana researcher' means a researcher who is registered to conduct research with marijuana under subsection (f)(3).''. SEC. 5. TERMINATION OF INTERDISCIPLINARY REVIEW PROCESS FOR NON-NIH- FUNDED RESEARCHERS. The Secretary of Health and Human Services may not-- (1) reinstate the Public Health Service interdisciplinary review process described in the guidance entitled ``Guidance on Procedures for the Provision of Marijuana for Medical Research'' (issued on May 21, 1999); or (2) create an additional review of scientific protocols that is only conducted for research on marijuana other than the review of research protocols performed at the request of a researcher conducting nonhuman research that is not federally funded, in accordance with section 303(f)(3)(A)(ii)(II) of the Controlled Substances Act (21 U.S.C. 823(f)(3)(A)(ii)(II)), as amended by section 3. SEC. 6. CONSIDERATION OF RESULTS OF RESEARCH. Immediately upon the approval by the Food and Drug Administration of an application for a marijuana-based drug under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), and (irrespective of whether any such approval is granted) not later than the date that is 5 years after the date of enactment of this Act, the Secretary of Health and Human Services shall-- (1) conduct a review of existing medical and other research with respect to marijuana; (2) submit a report to the Congress on the results of such review; and (3) include in such report whether, taking into consideration the factors listed in section 201(c) of the Controlled Substances Act (21 U.S.C. 811(c)), as well as any potential for medical benefits, any gaps in research, and any impacts of Federal restrictions and policy on research, marijuana should be transferred to a schedule other than schedule I (if marijuana has not been so transferred already). SEC. 7. NO PRODUCTION QUOTAS FOR MARIJUANA GROWN FOR LEGITIMATE, MEDICAL RESEARCH. Section 306 of the Controlled Substances Act (21 U.S.C. 826) is amended by adding at the end the following: ``(i) The Attorney General may only establish a quota for production of marijuana that is manufactured and distributed in accordance with the Medical Marijuana Research Act of 2016 that meets the changing medical, scientific, and industrial needs for marijuana.''. SEC. 8. ARTICLE 28 OF THE SINGLE CONVENTION ON NARCOTIC DRUGS. Article 28 of the Single Convention on Narcotic Drugs shall not be construed to prohibit, or impose additional restrictions upon, research involving marijuana, or the manufacture, distribution, or dispensing of marijuana, that is conducted in accordance with the Controlled Substances Act (21 U.S.C. 801 et seq.), this Act, and the amendments made by this Act. SEC. 9. NO INTERFERENCE BY DEPARTMENT OF JUSTICE. The Attorney General of the United States, and any officer or employee of the Department of Justice, shall not interfere with the production, distribution, and sale of marijuana in accordance with this Act and the amendments made by this Act. SEC. 10. DEFINITION. In this Act, the term ``marijuana'' has the meaning given to that term in section 102 of the Controlled Substances Act (21 U.S.C. 802).

Medical Marijuana Research Act of 2016 This bill amends the Controlled Substances Act to: modify requirements regarding the production of marijuana through the National Institute on Drug Abuse Drug Supply Program; establish, with respect to marijuana research, a new federal registration process that is separate from the process for research involving other schedule I drugs; establish a process for registering persons to manufacture or distribute marijuana for medical research purposes; and modify other requirements related to marijuana research and production.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pay for Your Stay Act''. SEC. 2. WORK REQUIREMENTS FOR PRISONERS. (a) In General.--Chapter 301 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 4014. Work requirement for prisoners ``(a) The Attorney General shall establish by rule-- ``(1) the requirement that Federal prisoners that are able to do so engage in work and that such prisoners work at least 48 hours each week; ``(2) the requirement that Federal prisoners engage in educational study for at least 12 hours each week; ``(3) that no television viewing will be provided to Federal prisoners, except educational programs; and ``(4) that a 25 percent assessment be levied on all wages earned by Federal prisoners, with 5 percent returned to the prosecuting agency to help reimburse the cost of the prosecution, 10 percent set aside for victim restitution, and 10 percent placed in the Fund created by subsection (b). ``(b) There is established in the Treasury the James Wilson, Jr. Fund (referred to in this section as the `Fund'). The Fund shall consist of moneys placed in it under subsection (a). The Attorney General shall distribute the money in the fund equally between-- ``(1) State and local programs whose primary purpose is to provide training and purchase equipment designed to protect peace officers from personal injury in the line of duty resulting from the criminal acts of third parties; and ``(2) to families of local, State, and Federal peace officers killed in the line of duty; according to such procedures, and in such amounts, as the Attorney General shall by rule establish. ``(c) The Attorney General, in consultation with the appropriate authorities of States, the District of Columbia, and other territories and possessions of the United States, shall establish a system whereby inmate labor may be utilized, with or without compensation, to undertake activities to mediate the damage caused by an impending natural disaster or to remediate the damage done by such a disaster.''. (b) No Adverse Impact on Business Concerns and Their Law-Abiding Employees.--Chapter 301 of title 18, United States Code, as amended by subsection (a), is further amended by adding at the end the following: ``Sec. 4015. Protection from unfair competition by prison labor ``(a) Work Opportunities Within Federal Correctional Institutions.--In implementing the requirements of section 4014(a), the Attorney General shall-- ``(1) maximize the employment of inmates with respect to the operation and maintenance of Federal corrections institutions; and ``(2) maximize the employment of inmates in work-based vocational education and skill training activities designed to prepare participating inmates for gainful employment after release, while avoiding, to the maximum extent practicable, expanding sales of any resulting products or services pursuant to section 4124. ``(b) Minimizing Unfair Competition With the Private Sector.--Any expansion in the inmate production of products or services to be offered for sale resulting from the implementation of section 4014(a)-- ``(1) may be sold only through Federal Prison Industries to Federal agencies on a competitive basis pursuant to either section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253) or section 2304 of title 10, United States Code, and their implementing regulations; and ``(2) shall be approved for sale by the Board of Directors of Federal Prison Industries pursuant to section 4122(b), after determining that the proposed volume of sales is not expected to have an adverse impact on sales to the Government by a private sector contractor offering the same specific product or service. ``(c) Disaster Remediation Activities by Inmates.--In implementing section 4014(c), the Attorney General shall-- ``(1) maximize the use of inmate labor to augment governmental personnel and community volunteers in preparing for a natural disaster or in conducting remediation activities during the period immediately after such a disaster; and ``(2) assure that inmate labor does not supplant post- disaster remediation activities that would otherwise be performed under contract by private sector firms employed by an affected individual or governmental entity.''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 301 of title 18, United States Code, is amended by adding at the end the following new items: ``4014. Work requirement for prisoners. ``4015. Protection from unfair competition by prison labor.''. SEC. 3. REQUIRED STATEMENT OF ASSETS. Section 1915(a)(2) of title 28, United States Code, is amended by adding at the end the following: ``Such prisoner shall also submit a statement of all other assets such prisoner possesses.''.

Pay for Your Stay Act - Amends the Federal criminal code to direct the Attorney General to establish by rule: (1) the requirement that Federal prisoners work at least 48 hours each week if able to do so and engage in educational study at least 12 hours each week; (2) that no television viewing will be provided to such prisoners, except educational programs; and (3) that a 25 percent assessment will be levied on prisoner wages, with five percent returned to the prosecuting agency, ten percent set aside for victim restitution, and ten percent placed in the fund created by this Act. Establishes in the U.S. Treasury the James Wilson, Jr. Fund. Requires the Attorney General to distribute money in the Fund equally between: (1) State and local programs whose primary purpose is to provide training and purchase equipment designed to protect peace officers; and (2) families of local, State, and Federal peace officers killed in the line of duty. Directs the Attorney General to establish a system whereby inmate labor may be utilized to mediate the damage caused by an impending natural disaster or to remediate the damage done by such a disaster. Requires the Attorney General, in implementing requirements of this Act, to: (1) maximize the employment of inmates regarding the operation and maintenance of Federal corrections institutions, and in certain work-based vocational education and skill training activities, and to augment governmental personnel and community volunteers in preparing for a natural disaster or in conducting remediation activities immediately after such a disaster; and (2) assure that inmate labor does not supplant post-disaster remediation activities that would otherwise be performed under contract by private sector firms employed by an affected individual or governmental entity. Provides that any expansion in the inmate production of products or services to be offered for sale resulting from such implementation: (1) may be sold only through Federal Prison Industries (FPI) to Federal agencies on a competitive basis; and (2) shall be approved for sale by the Board of Directors of FPI after determining that the proposed volume of sales is not expected to have an adverse impact on sales to the Government by a private sector contractor offering the same specific product or service. Amends the Federal judicial code to require a prisoner seeking to bring a civil action or appeal a judgment in a civil action or proceeding without prepayment of fees or security (i.e., proceeding in forma pauperis) to submit a statement of all assets the prisoner possesses.

SECTION 1. FINDINGS. Congress finds the following: (1) Article I, section 8 of the Constitution vests solely in Congress the power to declare war. (2) The Constitution provides the President with the power to act as Commander-in-Chief and with the limited power to utilize the United States Armed Forces to ``repel sudden attacks''. (3) The constitutional authority of Congress to declare war, and the requirement that the President seek Congress' express prior statutory authorization to deploy United States Armed Forces are necessary to ensure the collective judgment of both Congress and the executive branch in making the decision to deploy United States Armed Forces abroad. (4) In a May 21, 2011, letter, President Obama notified congressional leaders that United States military forces had been deployed to Libya at his direction ``to assist an international effort authorized by the United Nations Security Council'', and that ``United Nations Security Council Resolution 1973 authorized Member States, under Chapter VII of the U.N. Charter, to take all necessary measures to protect civilians and civilian populated areas under threat of attack in Libya, including the establishment and enforcement of a `no- fly zone' in the airspace of Libya.''. (5) In a May 20, 2011, letter to congressional leaders, President Obama wrote that he ``reported to the Congress that the United States, pursuant to a request from the Arab League and authorization by the United Nations Security Council, had acted 2 days earlier to prevent a humanitarian catastrophe by deploying U.S. forces to protect the people of Libya from the Qaddafi regime.''. (6) Section 8(a)(2) of the War Powers Resolution specifically states that the authority to introduce United States Armed Forces into hostilities ``shall not be inferred . . . from any treaty heretofore or hereafter ratified unless such treaty is implemented by legislation specifically authorizing the introduction of United States Armed Forces into hostilities or into such situations and stating that it is intended to constitute specific statutory authorization within the meaning of this joint resolution.''. (7) Section 2(c) of the War Powers Resolution acknowledged the constitutional powers of President as Commander-in-Chief to introduce forces into hostilities or imminent hostilities as ``exercised only pursuant to a declaration of war, specific statutory authorization, or a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.''. (8) The War Powers Resolution was passed by Congress over a presidential veto in the aftermath of the Vietnam war, to ensure that Congress had a direct role in the decision to introduce United States Armed Forces into hostilities. (9) The introduction of United States Armed Forces into hostilities authorized by the United Nations or any other international body aside from the United States Congress is no substitute for a congressional declaration of war or authorization for the use of force. SEC. 2. STATEMENT OF POLICY. It should be the policy of the United States-- (1) to protect the role of Congress as a coequal branch of government and ensure the protection of its constitutional authority to declare war and support the Armed Forces; (2) to prevent the need for United States and international military intervention abroad through the utilization of diplomacy to resolve issues of concern to the United States and the international community; and (3) that no funds appropriated or otherwise made available to any executive agency of the United States Government may be used to carry out any North Atlantic Treaty Organization military operation or deploy a unit or individual of the United States Armed Forces or an element of the intelligence community in support of a NATO military operation unless the President determines that such military operation is warranted and seeks express prior authorization by Congress, as required under article I, section 8 of the Constitution, except that this requirement shall not apply to a military operation-- (A) to directly repel an offensive military action launched against the United States or an ally with whom the United States has a mutual defense assistance agreement; or (B) to directly thwart an imminent offensive military action to be launched against the United States or an ally with whom the United States has a mutual defense assistance agreement. SEC. 3. PROHIBITION ON DEPLOYMENT OF UNITED STATES ARMED FORCES OR ELEMENT OF THE INTELLIGENCE COMMUNITY. (a) Prohibition on Deployment.--Except as provided in subsection (b), no unit or individual of the United States Armed Forces or an element of the intelligence community may be deployed in support of a North Atlantic Treaty Organization military operation absent express prior statutory authorization from Congress for such deployment. (b) Exception.--Subsection (a) shall not apply to a military operation-- (1) to directly repel an offensive military action launched against the United States or an ally with whom the United States has a mutual defense assistance agreement; or (2) to directly thwart an imminent offensive military action to be launched against the United States or an ally with whom the United States has a mutual defense assistance agreement. (c) Definitions.--In this section-- (1) the term ``deployment'' has the meaning given that term in section 991(b) of title 10, United States Code; and (2) the term ``intelligence community'' has the meaning given the term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). (d) Effective Date.--This section takes effect on the date of the enactment of this Act and applies with respect to North Atlantic Treaty Organization military operations initiated on or after such date of enactment.

States that it is the policy of the United States: (1) to protect the role of Congress as a coequal branch of government and ensure protection of its constitutional authority to declare war and support the Armed Forces; (2) to prevent the need for U.S. and international military intervention abroad through the utilization of diplomacy to resolve issues of concern to the United States and the international community; and (3) that no federal funds may be used to carry out any North Atlantic Treaty Organization (NATO) military operation or to deploy a unit of individual of the U.S. Armed Forces or an element of the intelligence community (IC) in support of a NATO military operation unless the President determines that such operation is warranted and seeks express prior authorization by Congress, as required under the Constitution. Provides an exception in the case of a military operation to directly thwart or repel an offensive military action launched against the United States or an ally with whom the United States has a mutual defense assistance agreement. Prohibits any unit or individual of the U.S. Armed Forces or IC element from being deployed in support of a NATO military operation absent express prior statutory authorization from Congress, unless under the exception described above.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lewis and Clark Rural Water System Act of 1999''. SEC. 2. DEFINITIONS. In this Act: (1) Environmental enhancement.--The term ``environmental enhancement'' means the wetland and wildlife enhancement activities that are carried out substantially in accordance with the environmental enhancement component of the feasibility study. (2) Environmental enhancement component.--The term ``environmental enhancement component'' means the proposals described in the report entitled ``Wetlands and Wildlife Enhancement for the Lewis and Clark Rural Water System'', dated December 1994. (3) Feasibility study.--The term ``feasibility study'' means the study entitled ``Feasibility Level Evaluation of a Missouri River Regional Water Supply for South Dakota, Iowa and Minnesota'', dated September 1993, that includes a water conservation plan, environmental report, and environmental enhancement component. (4) Incremental cost.--The term ``incremental cost'' means the cost of the savings to the project were the city of Sioux Falls not to participate in the water supply system. (5) Member entity.--The term ``member entity'' means a rural water system or municipality that meets the requirements for membership as defined by the Lewis and Clark Rural Water System, Inc. bylaws, dated September 6, 1990. (6) Project construction budget.--The term ``project construction budget'' means the description of the total amount of funds needed for the construction of the water supply project, as contained in the feasibility study. (7) Pumping and incidental operational requirements.--The term ``pumping and incidental operational requirements'' means all power requirements that are necessary for the operation of intake facilities, pumping stations, water treatment facilities, reservoirs, and pipelines up to the point of delivery of water by the water supply system to each member entity that distributes water at retail to individual users. (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (9) Water supply project.-- (A) In general.--The term ``water supply project'' means the physical components of the Lewis and Clark Rural Water Project. (B) Inclusions.--The term ``water supply project'' includes-- (i) necessary pumping, treatment, and distribution facilities; (ii) pipelines; (iii) appurtenant buildings and property rights; (iv) electrical power transmission and distribution facilities necessary for services to water systems facilities; and (v) such other pipelines, pumping plants, and facilities as the Secretary considers necessary and appropriate to meet the water supply, economic, public health, and environment needs of the member entities (including water storage tanks, water lines, and other facilities for the member entities). (10) Water supply system.--The term ``water supply system'' means the Lewis and Clark Rural Water System, Inc., a nonprofit corporation established and operated substantially in accordance with the feasibility study. SEC. 3. FEDERAL ASSISTANCE FOR THE WATER SUPPLY SYSTEM. (a) In General.--The Secretary shall make grants to the water supply system for the planning and construction of the water supply project. (b) Service Area.--The water supply system shall provide for the member entities safe and adequate municipal, rural, and industrial water supplies, environmental enhancement, mitigation of wetland areas, and water conservation in-- (1) Lake County, McCook County, Minnehaha County, Turner County, Lincoln County, Clay County, and Union County, in southeastern South Dakota; (2) Rock County and Nobles County, in southwestern Minnesota; and (3) Lyon County, Sioux County, Osceola County, O'Brien County, Dickinson County, and Clay County, in northwestern Iowa. (c) Amount of Grants.--Grants made available under subsection (a) to the water supply system shall not exceed the amount of funds authorized under section 9. (d) Limitation on Availability of Construction Funds.--The Secretary shall not obligate funds for the construction of the water supply project until-- (1) the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are met; and (2) a final engineering report and a plan for a water conservation program are prepared and submitted to Congress not less than 90 days before the commencement of construction of the water supply project. SEC. 4. FEDERAL ASSISTANCE FOR THE ENVIRONMENTAL ENHANCEMENT COMPONENT. (a) Initial Development.--The Secretary shall make grants and other funds available to the water supply system and other private, State, and Federal entities, for the initial development of the environmental enhancement component. (b) Nonreimbursement.--Funds provided under subsection (a) shall be nonreimbursable and nonreturnable. SEC. 5. MITIGATION OF FISH AND WILDLIFE LOSSES. Mitigation for fish and wildlife losses incurred as a result of the construction and operation of the water supply project shall be on an acre-for-acre basis, based on ecological equivalency, concurrent with project construction, as provided in the feasibility study. SEC. 6. USE OF PICK-SLOAN POWER. (a) In General.--From power designated for future irrigation and drainage pumping for the Pick-Sloan Missouri River Basin Program, the Western Area Power Administration shall make available the capacity and energy required to meet the pumping and incidental operational requirements of the water supply project during the period beginning May 1 and ending October 31 of each year. (b) Conditions.--The capacity and energy described in subsection (a) shall be made available on the following conditions: (1) The water supply system shall be operated on a not-for- profit basis. (2) The water supply system shall contract to purchase the entire electric service requirements of the project, including the capacity and energy made available under subsection (a), from a qualified preference power supplier that itself purchases power from the Western Area Power Administration. (3) The rate schedule applicable to the capacity and energy made available under subsection (a) shall be the firm power rate schedule of the Pick-Sloan Eastern Division of the Western Area Power Administration in effect when the power is delivered by the Administration to the qualified preference power supplier. (4) It is agreed by contract among-- (A) the Western Area Power Administration; (B) the power supplier with which the water supply system contracts under paragraph (2); (C) the power supplier of the entity described in subparagraph (B); and (D) the water supply system; that in the case of the capacity and energy made available under subsection (a), the benefit of the rate schedule described in paragraph (3) shall be passed through to the water supply system, except that the power supplier of the water supply system shall not be precluded from including, in the charges of the supplier to the water system for the electric service, the other usual and customary charges of the supplier. SEC. 7. NO LIMITATION ON WATER PROJECTS IN STATES. This Act does not limit the authorization for water projects in the States of South Dakota, Iowa, and Minnesota under law in effect on or after the date of enactment of this Act. SEC. 8. WATER RIGHTS. Nothing in this Act-- (1) invalidates or preempts State water law or an interstate compact governing water; (2) alters the rights of any State to any appropriated share of the waters of any body of surface or ground water, whether determined by past or future interstate compacts or by past or future legislative or final judicial allocations; (3) preempts or modifies any Federal or State law, or interstate compact, governing water quality or disposal; or (4) confers on any non-Federal entity the ability to exercise any Federal right to the waters of any stream or to any ground water resource. SEC. 9. COST SHARING. (a) Federal Cost Share.-- (1) In general.--Except as provided in paragraph (2), the Secretary shall provide funds equal to 80 percent of-- (A) the amount allocated in the total project construction budget for planning and construction of the water supply project under section 3; and (B) such amounts as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after September 1, 1993. (2) Sioux falls.--The Secretary shall provide funds for the city of Sioux Falls, South Dakota, in an amount equal to 50 percent of the incremental cost to the city of participation in the project. (b) Non-Federal Cost Share.-- (1) In general.--Except as provided in paragraph (2), the non-Federal share of the costs allocated to the water supply system shall be 20 percent of the amounts described in subsection (a)(1). (2) Sioux falls.--The non-Federal cost-share for the city of Sioux Falls, South Dakota, shall be 50 percent of the incremental cost to the city of participation in the project. SEC. 10. BUREAU OF RECLAMATION. (a) Authorization.--At the request of the water supply system, the Secretary may allow the Commissioner of Reclamation to provide project construction oversight to the water supply project and environmental enhancement component for the service area of the water supply system described in section 3(b). (b) Project Oversight Administration.--The amount of funds used by the Commissioner of Reclamation for oversight described in subsection (a) shall not exceed the amount that is equal to 1 percent of the amount provided in the total project construction budget for the entire project construction period. (c) Operation and Maintenance.--The water supply system shall be responsible for annual operation and maintenance of the project. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $223,987,700, to remain available until expended, of which not more than $10,100,000 shall be used for the initial development of the environmental enhancement component under section 4. Passed the Senate November 19, 1999. Attest: GARY SISCO, Secretary.

Prohibits the Secretary from obligating project funds until: (1) National Environmental Policy Act of 1969 requirements are met; and (2) a final engineering report and a plan for a water conservation program are submitted to Congress. Requires the Secretary to make grants and other funds available to the System and other private, State, and Federal entities for the initial development of the environmental enhancement component. Specifies that mitigation for fish and wildlife losses incurred as a result of the construction and operation of the water supply project shall be on an acre-for-acre basis, based on ecological equivalency, concurrent with project construction. Requires the Western Area Power Administration to make available the capacity and energy required to meet the pumping and incidental operational requirements of the water supply project during the period beginning May 1, and ending October 31, of each year from power designated for future irrigation and drainage pumping for the Pick-Sloan Missouri River Basin program, on specified conditions, including that: (1) the water supply system is operated on a not-for-profit basis; (2) the water supply system contracts to purchase the entire electric service requirements of the project from a qualified preference power supplier that itself purchases power from the Administration; and (3) the rate schedule applicable to the capacity and energy made available is the firm power rate schedule of the Pick-Sloan Eastern Division of the Administration. Specifies an 80 percent Federal share of planning, construction, and development costs of the project. Requires the Secretary to provide funds for the city of Sioux Falls, South Dakota, equal to 50 percent of the incremental cost of its participation in the project. Authorizes the Secretary to allow the Bureau of Reclamation to provide project construction oversight to the water supply project and environmental enhancement component. Makes the System responsible for the annual operation and maintenance of such project. Authorizes appropriations.

SECTION 1. NIH RESEARCH STRATEGIC PLAN. Section 402 of the Public Health Service Act (42 U.S.C. 282) is amended-- (1) in subsection (b), by amending paragraph (5) to read as follows: ``(5) shall ensure that scientifically based strategic planning is implemented in support of research priorities as determined by the agencies of the National Institutes of Health, including through development, use, and updating of the research strategic plan under subsection (m);''; and (2) by adding at the end the following: ``(m) Research Strategic Plan.-- ``(1) Five-year plans for biomedical research strategy.-- ``(A) In general.--For each successive five-year period beginning with the period of fiscal years 2016 through 2020, the Director of NIH, in consultation with the entities described in subparagraph (B), shall develop and maintain a biomedical research strategic plan. ``(B) Entities described.--The entities described in this subparagraph are the directors of the national research institutes and national centers, researchers, patient advocacy groups, and industry leaders. ``(2) Use of plan.--The Director of NIH and the directors of the national research institutes and national centers shall use the strategic plan-- ``(A) to identify research opportunities; and ``(B) to develop individual strategic plans for the research activities of each of the national research institutes and national centers that-- ``(i) have a common template; and ``(ii) identify strategic focus areas in which the resources of the national research institutes and national centers can best contribute to the goal of expanding knowledge on human health in the United States through biomedical research. ``(3) Contents of plans.-- ``(A) Strategic focus areas.--The strategic focus areas identified pursuant to paragraph (2)(B) shall-- ``(i) be identified in a manner that-- ``(I) considers the return on investment to the United States public through the investments of the National Institutes of Health in biomedical research; and ``(II) contributes to expanding knowledge to improve the United States public's health through biomedical research; and ``(ii) include overarching and trans- National Institutes of Health strategic focus areas, to be known as Mission Priority Focus Areas, which best serve the goals of preventing or eliminating the burden of a disease or condition and scientifically merit enhanced and focused research over the next 5 years. ``(B) Rare and pediatric diseases and conditions.-- In developing and maintaining a strategic plan under this subsection, the Director of NIH shall ensure that rare and pediatric diseases and conditions remain a priority. ``(4) Initial plan.--Not later than 270 days after the date of enactment of this subsection, the Director of NIH and the directors of the national research institutes and national centers shall-- ``(A) complete the initial strategic plan required by paragraphs (1) and (2); and ``(B) make such initial strategic plan publicly available on the website of the National Institutes of Health. ``(5) Review; updates.-- ``(A) Progress reviews.--Not less than annually, the Director of NIH, in consultation with the directors of the national research institutes and national centers, shall conduct progress reviews for each strategic focus area identified under paragraph (2)(B). ``(B) Updates.--Not later than the end of the 5- year period covered by the initial strategic plan under this subsection, and every 5 years thereafter, the Director of NIH, in consultation with the directors of the national research institutes and national centers, stakeholders in the scientific field, advocates, and the public at large, shall-- ``(i) conduct a review of the plan, including each strategic focus area identified under paragraph (2)(B); and ``(ii) update such plan in accordance with this section.''.

This bill amends the Public Health Service Act to require the National Institutes of Health (NIH) to develop and maintain a biomedical research strategic plan. The NIH must use the strategic plan to identify research opportunities and to develop individual strategic plans for each of the national research institutes and national centers. Strategic plans must identify strategic focus areas in a manner that considers the return on investment of biomedical research and contributes to expanding knowledge to improve the public's health. Strategic focus areas must include overarching Mission Priority Focus Areas, which serve the goal of preventing or eliminating the burden of a medical condition. The NIH must: (1) ensure that rare and pediatric diseases and conditions remain a priority under the strategic plan, (2) publish the initial strategic plan within 270 days, (3) conduct progress reviews for each strategic focus area at least annually, and (4) update the strategic plan every five years.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Save American Jobs Through L Visa Reform Act of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) Testimony given at a February 4, 2004, hearing of the Committee on International Relations of the House of Representatives indicated that there is widespread abuse by companies subcontracting to other companies nonimmigrants who obtained status under the Immigration and Nationality Act by satisfying the requirements for intracompany transferees with ``specialized knowledge''. Such testimony included that of two United States citizens displaced from their jobs by such nonimmigrants. (2) Further evidence of abuse was indicated by such citizens citing cases, including their own, where a citizen's employment was terminated after the citizen trained such intracompany transferees to perform the citizen's job. (3) This testimony also indicated that significant numbers of intracompany transferees admitted to the United States due to claimed possession of ``specialized knowledge'' do not, in fact, possess that prerequisite ``specialized knowledge'' at the time of entry into the United States. (4) Employers have used the intracompany transferee visa program to fill thousands of positions in the United States. 57,245 such visas were issued in fiscal year 2003, at the same time as United States unemployment in information technology specialities increased. The admission of intracompany transferees with ``specialized knowledge'' therefore flooded a job market which had already become highly competitive due to job losses. (5) Consular officers overseas continue to document pervasive fraud in intracompany transferee nonimmigrant visa petitions filed in certain countries. In China, for example, recent statistics provided by the United States Embassy in Beijing to a visiting congressional staff delegation in February 2004 reported an intracompany transferee nonimmigrant visa fraud rate of about 40 percent, in petitions received since fiscal year 2000, with similar fraud rates reported for other areas of China as well. SEC. 3. ELIMINATION OF NONIMMIGRANT VISAS FOR INTRACOMPANY TRANSFEREES WITH SPECIALIZED KNOWLEDGE. (a) In General.--Section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)) is amended by striking ``managerial, executive, or involves specialized knowledge,'' and inserting ``managerial or executive,''. (b) Conforming Amendments.--Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)) is amended-- (1) by amending subparagraph (D) to read as follows: ``(D) The period of authorized admission for a nonimmigrant admitted under section 101(a)(15)(L) shall not exceed 7 years.''; and (2) by striking subparagraph (B) and redesignating subparagraphs (C) through (E) as subparagraphs (B) through (D), respectively. SEC. 4. IMPOSITION OF ANNUAL NUMERICAL LIMITATION. Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)), as amended by section 3 of this Act, is further amended by adding at the end the following: ``(E) The total number of aliens who may be issued visas or otherwise provided nonimmigrant status during any fiscal year (beginning with fiscal year 2005) under section 101(a)(15)(L) may not exceed 35,000. The numerical limitation in the preceding sentence shall apply only to principal aliens and not to the spouses or children of such aliens. The provisions of subsection (g)(3) shall apply to visas subject to this subparagraph in the same manner as such provisions apply to visas subject to subsection (g)(1).''. SEC. 5. REMOVAL OF INTRACOMPANY TRANSFEREES FROM CLASSES OF ALIENS NOT PRESUMED TO BE IMMIGRANTS. Section 214(b) of the Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended by striking ``subparagraph (L) or (V) of section 101(a)(15),'' and inserting ``section 101(a)(15)(V),''. SEC. 6. SENSE OF CONGRESS REGARDING PAYMENT OF PREVAILING WAGE. It is the sense of the Congress that employers of nonimmigrants described in section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)) should pay such nonimmigrants wages that are at least the greater of-- (1) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; or (2) the prevailing wage level for the occupational classification in the area of employment. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply to nonimmigrant visas issued, or nonimmigrant status provided, under section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)) on or after such date. Such amendment shall not be construed as-- (1) invalidating any visa issued under such section before such date; or (2) otherwise affecting any alien provided nonimmigrant status under such section before such date.

Save American Jobs Through L Visa Reform Act of 2004 - Amends the Immigration and Nationality Act to eliminate specialized knowledge as a basis for obtaining an L (intracompany transferee) nonimmigrant visa. Imposes an annual numerical limitation of 35,000 on the number of L visas that may be issued to principal aliens. Removes L nonimmigrants from those classes of aliens that are not presumed to be immigrants (and thus requires L nonimmigrants to establish their entitlement to nonimmigrant status at the time of applying for a visa or admission). Expresses the sense of Congress that employers should pay L nonimmigrants the greater of the actual wage level paid to similarly qualified individuals for the specific employment in question or the prevailing wage level for the occupational classification in the area of employment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Energy Workforce Development Jobs Initiative Act of 2014''. SEC. 2. FINDINGS. The Congress finds the following: (1) There are, currently and for well into the future, significant opportunities for African-Americans and Hispanic- Americans throughout the energy industry at each level of education and training, but raising the educational achievement for large segments of the upcoming generation is resource intensive and will take decades to achieve, although the payoff of an increased skilled labor pool would be enormous to society in general and United States industry in particular. (2) African-Americans and Hispanic-Americans represent an important talent pool to help meet the demands of the projected growth in the energy industry, and workforce training and education in business, finance, science, technology, engineering, and mathematics will prove vital in achieving this growth, as noted by the American Petroleum Institute. (3) Improving minority preparation in science, technology, engineering, and mathematics related disciplines at the primary and secondary school levels is crucial to increasing the share of minority science-based degree attainment in 4-year and 2- year programs of higher education, as well as for increasing attainment of vocational certificates. (4) The rates at which African-Americans and Hispanic- Americans attain employment in the energy industry is in part related to the choice of the field of study for college degrees (4-year or 2-year) and vocational certificates. (5) Data from the National Center for Education Statistics suggest that, over the 2001 through 2010 period, African- American and Hispanic-American students chose and completed 4- year college degrees applicable to employment in the oil and natural gas industry at rates one-fifth and one-half, respectively, the rates of the total student population. (6) With respect to 2-year associate degrees and certificates, data from the National Center for Education Statistics suggest that over the same time period, African- American and Hispanic-American students chose and completed programs of study/training applicable to employment in the oil and natural gas industry at rates roughly one-tenth above and one-third below, respectively, the rates of the total student population. (7) The American Petroleum Institute projects 525,000 new job opportunities in the oil and natural gas industry by 2020, with 166,000, or 31 percent of such jobs, expected to be held by African-American and Hispanic-American workers, and, with forward looking policies, that number could increase to a projected 811,000 new job opportunities, with more than 285,000, or 35 percent, of such jobs being filled by minorities, by 2030. (8) The American Petroleum Institute projects that more than 50 percent of all jobs created in the oil and natural gas industry by 2020 would be high-paying skilled and semiskilled blue collar jobs, with a significant range of opportunities at the scientific/managerial level requiring a college degree. (9) The American Petroleum Institute projects that over half of the future potential job growth in the oil and natural gas industry, approximately 417,000 jobs, is expected in the Gulf region, with the East region expected to contribute nearly 140,000 job opportunities, the Rockies region nearly 116,000 job opportunities, and the West, Alaska, and Central regions expected to contribute approximately 138,000 job opportunities combined. (10) The National Mining Association reports that the coal mining industry supported a total of 805,680 jobs in 2011. That includes 204,580 direct jobs, including mine workers (143,520), support activities (7,280), and transportation (53,780). (11) Broad occupational categories of potential job creation in the upstream oil and gas industry include-- (A) management, business, and financial jobs; (B) professional and related jobs; (C) service jobs; (D) sales and related jobs; (E) office and administrative support jobs; (F) skilled blue collar jobs; (G) semiskilled blue collar jobs; and (H) unskilled blue collar jobs. (12) Potential job creation in the upstream oil and gas industry by selected detailed occupational category include-- (A) derrick, rotary drill, and service unit operators; (B) oil and gas roustabouts; (C) operating engineers and other construction workers; (D) equipment operators; (E) construction laborers; (F) first-line supervisors/managers of construction and extraction workers; (G) heavy and tractor-trailer truck drivers; (H) pump operators and wellhead pumpers; (I) helpers and other extraction workers; (J) petroleum engineers; and (K) secretaries. (13) The National Petroleum Council estimates that over the next decade 30,000 miles of new long-distance natural gas pipelines will be needed to manage the new sources of shale natural gas supply, while a 2007 Census Bureau's Survey of Business Owners estimated that a very small percentage of pipelines were owned by minority-owned and woman-owned firms compared to the total owned by nonminority males. (14) In 2013, the Energy Information Administration estimated that relatively low natural gas prices, maintained by growing shale natural gas production, will spur increased use of natural gas in the industrial and electric power sectors by 16 percent, from 6.8 trillion cubic feet per year in 2011 to 7.8 trillion cubic feet per year in 2025, while total consumption of natural gas in the United States will continue to grow in the electric power sector from 16 percent of generation in 2000 to 30 percent in 2040, which will lead to a significant number of new jobs in the natural gas sector. (15) The Energy Information Administration estimates natural gas production in the United States will increase annually, outpacing domestic consumption and making the United States a net exporter of natural gas by 2019, while continued low levels of liquefied natural gas imports, combined with increased United States exports of domestically sourced liquefied natural gas, position the United States as a net exporter of liquefied natural gas by 2016, creating an abundance of new jobs and investment opportunities. (16) The Energy Information Administration estimates that coal-fired electricity generation will remain a dominant resource in the Nation's total generation portfolio, representing 34 percent of United States baseload electricity in 2035. (17) In 2013, a report by the Bloomberg New Energy Finance research team estimated that clean energy investment is most likely to grow by 230 percent to a projected $630 billion annually in 2030, driven by further improvements in the cost- competitiveness of wind and solar technologies and an increase in the roll-out of non-intermittent clean energy sources including hydropower, geothermal, and biomass, requiring additional investment in science, technology, engineering, and mathematics education. (18) A 2013 report by the Bloomberg New Energy Finance research team estimated that renewable energy projects including wind, solar, hydropower, and biomass will account for 70 percent of new power generation capacity between 2012 and 2030, and, by 2030, renewable energy will account for half of the generation capacity worldwide, up from 28 percent in 2012, requiring additional investment in supporting infrastructure, including long distance transmission systems, smart grids, storage, and demand response. (19) The Energy Information Administration states that since 2005 renewable energy has garnered more than $1.3 trillion worth of investment and the Energy Information Administration estimates that global energy consumption will increase by 47 percent between 2010 and 2035, with clean energy providing more than half of that new capacity and attracting up to $5.9 trillion worth of investment, leading to new employment and investment opportunities. SEC. 3. COMPREHENSIVE PROGRAM FOR ENERGY-RELATED JOBS FOR THE 21ST CENTURY. (a) In General.--The Secretary of Energy (in this Act referred to as the ``Secretary'') shall establish and carry out a comprehensive program to improve education and training for energy-related jobs in order to increase the number of skilled minorities and women trained to work in energy-related jobs, including by-- (1) encouraging minority and women students to enter into the energy science, technology, engineering, and mathematics (in this Act referred to as ``STEM'') fields; (2) ensuring that the Nation's education system is equipping students with the skills, training, and technical expertise necessary to fill the employment opportunities vital to managing and operating the Nation's energy industry; and (3) providing students and other candidates with the necessary skills and certifications for skilled, semiskilled, and highly skilled energy-related jobs. (b) Priority.--The Secretary shall make educating and training minorities and other workers for energy-related jobs a national priority under the program established under subsection (a). (c) Direct Assistance.--In carrying out the program established under subsection (a), the Secretary shall provide direct assistance (including grants, technical expertise, mentorships, and partnerships) to community colleges, workforce development organizations, and minority-serving institutions. (d) Clearinghouse.--In carrying out the program established under subsection (a), the Secretary shall establish a clearinghouse to-- (1) maintain and update information and resources on training and workforce development programs for energy-related jobs; and (2) act as a resource, and provide guidance, for schools, community colleges, universities, workforce development programs, and industry organizations that would like to develop and implement energy-related training programs. (e) Collaboration.--In carrying out the program established under subsection (a), the Secretary-- (1) shall collaborate with schools, community colleges, universities, workforce training organizations, national laboratories, unions, State energy offices, and the energy industry; (2) shall encourage and foster collaboration, mentorships, and partnerships among organizations (including unions, industry, schools, community colleges, workforce development organizations, and universities) that currently provide effective job training programs in the energy field and institutions (including schools, community colleges, workforce development programs, and universities) that seek to establish these types of programs in order to share best practices and approaches that best suit local, State, and national needs; and (3) shall collaborate with the Energy Information Administration and the Bureau of the Census to develop a comprehensive and detailed understanding of the energy workforce needs and opportunities by State and by region. (f) Guidelines for Educational Institutions.-- (1) In general.--In carrying out the program established under subsection (a), the Secretary, in collaboration with the Secretary of Education and the Secretary of Labor, shall develop guidelines for educational institutions of all levels, including for elementary and secondary schools and community colleges and for undergraduate, graduate, and postgraduate university programs, to help provide graduates with the skills necessary to work in energy-related jobs. (2) Input.--The Secretary shall solicit input from the oil, gas, coal, renewable, nuclear, utility, and pipeline industries in developing guidelines under paragraph (1). (3) Energy efficiency and conservation initiatives.--The guidelines developed under paragraph (1) shall include grade- specific guidelines for teaching energy efficiency and conservation initiatives to educate students and families. (4) STEM education.--The guidelines developed under paragraph (1) shall promote STEM education as it relates to job opportunities in energy-related fields of study in schools, community colleges, and universities nationally. (g) Outreach to MSIs.--In carrying out the program established under subsection (a), the Secretary shall-- (1) give special consideration to increasing outreach to minority serving institutions (including historically black colleges and universities, predominantly black institutions, Hispanic serving institutions, and tribal institutions); (2) make resources available to minority serving institutions with the objective of increasing the number of skilled minorities and women trained to go into the energy sector; and (3) encourage industry to improve the opportunities for students of minority serving institutions to participate in industry internships and cooperative work/study programs. (h) Guidelines To Develop Skills for an Energy Industry Workforce.--In carrying out the program established under subsection (a), the Secretary shall collaborate with representatives from the energy industry (including the oil, gas, coal, nuclear, utility, pipeline, renewable, and nuclear sectors) to identify the areas of highest need in each sector and to develop guidelines for the skills necessary to develop a workforce trained to go into the following sectors of the energy industry: (1) Energy efficiency industry, including work in energy efficiency, conservation, weatherization, or retrofitting, or as inspectors or auditors. (2) Pipeline industry, including work in pipeline construction and maintenance or work as engineers or technical advisors. (3) Utility industry, including as utility workers, linemen, electricians, pole workers, or repairmen. (4) Alternative fuels, including work in biofuel development and production. (5) Nuclear industry, including work as scientists, engineers, technicians, mathematicians, or security personnel. (6) Oil and gas industry, including work as scientists, engineers, technicians, mathematicians, petrochemical engineers, or geologists. (7) Renewable industry, including work in the development and production of renewable energy sources (such as solar, hydropower, wind, or geothermal energy). (8) Coal industry, including work as coal miners, engineers, developers and manufacturers of state-of-the-art coal facilities, technology vendors, coal transportation workers and operators, and mining equipment vendors. (i) Enrollment in Training and Apprenticeship Programs.--In carrying out the program established under subsection (a), the Secretary shall work with organized labor and community-based workforce organizations to help identify students and other candidates, including from historically underserved communities such as minorities, women, and veterans, to enroll into training and apprenticeship programs for energy-related jobs.

21st Century Energy Workforce Development Jobs Initiative Act of 2014 - Directs the Secretary of Energy (DOE) to establish a comprehensive program to improve the education and training of workers for energy-related jobs, with emphasis on increasing the number of skilled minorities and women trained to work in such jobs.

SEC. 1. SHORT TITLE. This Act may be cited as the ``Zero Downpayment Act of 2004''. SEC. 2. INSURANCE FOR ZERO-DOWNPAYMENT MORTGAGES. (a) Mortgage Insurance Authority.--Section 203 of the National Housing Act (12 U.S.C. 1709) is amended by inserting after subsection (k) the following: ``(l) Zero-Downpayment Mortgages.-- ``(1) Insurance authority.--The Secretary may insure, and commit to insure, under this subsection any mortgage that meets the requirements of-- ``(A) this subsection; and ``(B) except as otherwise specifically provided in this subsection, subsection (b). ``(2) Eligible single family property.--To be eligible for insurance under this subsection, a mortgage shall involve a property upon which there is located a dwelling that is designed principally for a 1- to 4-family residence, and that, notwithstanding subsection (g), is to be occupied by the mortgagor as his or her principal residence, which shall include-- ``(A) a 1-family dwelling unit in a multifamily project and an undivided interest in the common areas and facilities which serve the project; ``(B) a 1-family dwelling unit of a cooperative housing corporation, the permanent occupancy of the dwelling units of which is restricted to members of such corporation and in which the purchase of stock or membership entitles the purchaser to the permanent occupancy of such dwelling unit; and ``(C) a manufactured home, or a manufactured home together with a suitably developed lot on which to place the manufactured home. ``(3) Maximum principal obligation.-- ``(A) Limitation.--To be eligible for insurance under this subsection, a mortgage shall involve a principal obligation in an amount not in excess of 100 percent of the appraised value of the property, plus any initial service charges, appraisal, inspection, and other fees in connection with the mortgage as approved by the Secretary. ``(B) Inapplicability of other loan-to-value requirements.--A mortgage insured under this subsection shall not be subject to subsection (b)(2)(B), or to the undesignated matter that follows such subsection. ``(4) Eligible mortgagors.--The mortgagor under a mortgage insured under this subsection shall meet the following requirements: ``(A) First-time homebuyer.--The mortgagor shall be a first-time homebuyer. The program for mortgage insurance under this subsection shall be considered a Federal program to assist first-time homebuyers for purposes of section 956 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12713). ``(B) Counseling.-- ``(i) Requirement.--The mortgagor shall have received counseling, by a third party (other than the mortgagee or any party related directly or indirectly to the mortgagee) who is approved by the Secretary, with respect to the responsibilities and financial management involved in homeownership. ``(ii) Topics.--Counseling required under clause (i) shall include providing to, and discussing with, the mortgagor-- ``(I) information regarding homeownership options other than a mortgage insured under this subsection, other zero- or low-downpayment mortgage options that are or may become available to the mortgagor, the financial implications of entering into a mortgage (including a mortgage insured under this subsection), and any other information that the Secretary may require; and ``(II) a document that sets forth the amount and the percentage by which the property subject to the mortgage must appreciate for the mortgagor to recover the principal amount of the mortgage, the costs financed under the mortgage, and the estimated costs involved in selling the property, if the mortgagor were to sell the property on each of the second, fifth, and tenth anniversaries of the mortgage. ``(iii) 2- to 4-family residences.--In the case of a mortgage involving a 2- to 4-family residence, counseling required under clause (i) shall include (in addition to the information required under clause (ii)) information regarding the rights and obligations of landlords and tenants. ``(5) Option for notice of foreclosure prevention counseling availability.-- ``(A) Option.--To be eligible for insurance under this section, the mortgagee shall provide the mortgagor, at the time of the execution of the mortgage, an optional written agreement which, if signed by the mortgagor, allows, but does not require, the mortgagee to provide notice in accordance with subparagraph (B) to a housing counseling entity, approved by the Secertary, that has agreed to provide the notice and counseling required under subparagraph (C). ``(B) Notice to counseling agency.--Notice provided under subparagraph (A) shall-- ``(i) be provided at the earliest time practicable after the mortgagor becomes 60 days delinquent with respect to any payment due under the mortgage; ``(ii) state that the mortgagor is delinquent and set forth how to contact the mortgagor; and ``(iii) be provided once with respect to each delinquency period for a mortgage. ``(C) Notice to mortgagor.--Upon notice from a mortgagee that a mortgagor is 60 days delinquent with respect to payments due under the mortgage, the housing counseling entity shall immediately notify the mortgagor of such delinquency, that the entity makes available foreclosure prevention counseling that may assist the mortgagor in resolving the delinquency, and of how to contact the entity to arrange for such counseling. ``(D) Ability to cure.--Failure to provide the optional written agreement required under subparagraph (A) may be corrected by sending such agreement to the mortgagor at the earliest time practicable after the mortgagor first becomes 60 days delinquent with respect to payments due under the mortgage. Insurance provided under this subsection may not be terminated and penalties for such failure may not be prospectively or retroactively imposed if such failure is corrected in accordance with this subparagraph. ``(E) Penalties for failure to provide agreement.-- The Secretary may establish appropriate penalties for failure of a mortgagee to provide the optional written agreement required under subparagraph (A). ``(F) Limitation on liability of mortgagee.--A mortgagee shall not incur any liability or penalties for any failure of a housing counseling entity to provide notice under subparagraph (C). ``(G) No private right of action.--This section shall not create any private right of action on behalf of the mortgagor. ``(H) Delinquency period.--For purposes of this paragraph, the term `delinquency period' means, with respect to a mortgage, a period that begins upon the mortgagor becoming delinquent with respect to payments due under the mortgage, and ends upon the first subsequent occurrence of such payments under the mortgage becoming current or the property subject to the mortgage being foreclosed or otherwise disposed of. ``(6) Inapplicability of downpayment requirement.--A mortgage insured under this subsection shall not be subject to subsection (b)(9) or any other requirement to pay on account of the property, in cash or its equivalent, any amount of the cost of acquisition. ``(7) Premiums.--In conjunction with the credit subsidy estimation calculated each year pursuant to the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), the Secretary shall review the program performance for mortgages insured under this subsection and make any necessary adjustments to ensure that the Mutual Mortgage Insurance Fund shall continue to generate a negative credit subsidy which may include-- ``(A) altering mortgage insurance premiums subject to subsection (c)(2); ``(B) reviewing underwriting policies; and ``(C) limiting the availability of mortgage insurance under this subsection. ``(8) Underwriting.--For a mortgage to be eligible for insurance under this subsection, the mortgagor's credit and ability to pay the monthly mortgage payments shall have been evaluated using the Federal Housing Administration's Technology Open To Approved Lenders (TOTAL) Mortgage Scorecard, or a similar standardized credit scoring system approved by the Secretary, and in accordance with procedures established by the Secretary. ``(9) Approval of mortgagees.--To be eligible for insurance under this subsection, a mortgage shall have been made to a mortgagee that meets such criteria as the Secretary shall establish to ensure that mortgagees meet appropriate standards for participation in the program authorized under this subsection. ``(10) Disclosure of incremental costs.--For a mortgage to be eligible for insurance under this subsection, the mortgagee shall provide to the mortgagor, at the time of the application for the loan involved in the mortgage, a written disclosure, as the Secretary shall require, that specifies the effective cost to a mortgagor of borrowing the amount by which the maximum amount that could be borrowed under a mortgage insured under this subsection exceeds the maximum amount that could be borrowed under a mortgage insured under subsection (b), based on average closing costs with respect to such amount, as determined by the Secretary. Such cost shall be expressed as an annual interest rate over the first 5 years of a mortgage. ``(11) Loss mitigation.-- ``(A) In general.--Upon the default of any mortgage insured under this subsection, the mortgagee shall engage in loss mitigation actions for the purpose of providing an alternative to foreclosure to the same extent as is required of other mortgages insured under this title pursuant to the regulations issued under section 230(a). ``(B) Annual reporting.--Not later than 90 days after the end of each fiscal year, the Secretary shall submit a report to Congress that compares the rates of default and foreclosure during such fiscal year for mortgages insured under this subsection, for single- family mortgages insured under this title (other than under this subsection), and for mortgages for housing purchased with assistance provided under the downpayment assistance initiative under section 271 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12821). ``(12) Additional requirements.--The Secretary may establish any additional requirements for mortgage insurance under this subsection as may be necessary or appropriate. ``(13) Limitation.--The aggregate number of mortgages insured under this section in any fiscal year may not exceed 30 percent of the aggregate number of mortgages and loans insured by the Secretary under this title during the preceding fiscal year. ``(14) Program suspension.-- ``(A) In general.--Subject to subparagraph (C), the authority under paragraph (1) to insure mortgages shall be suspended if at any time the claim rate described in subparagraph (B) exceeds 3.5 percent. A suspension under this subparagraph shall remain in effect until such time as such claim rate is 3.5 percent or less. ``(B) FHA total single-family annual claim rate.-- The claim rate under subparagraph (A), for any particular time, shall be the ratio of the number of claims during the 12 months preceding such time on mortgages on 1- to 4-family residences insured pursuant to this title, to the number of mortgages on such residences having such insurance in-force at that time. ``(C) Applicability.--A suspension under subparagraph (A) shall not preclude the Secretary from endorsing or insuring any mortgage that was duly executed before the date of such suspension. ``(15) Sunset.--No mortgage may be insured under this section after September 30, 2011, except that the Secretary may endorse or insure any mortgage that was duly executed before such date. ``(16) GAO reports.--Not later than 2 years after the date of enactment of the Zero Downpayment Act of 2004, and annually thereafter, the Comptroller General of the United States shall submit a report to Congress regarding the performance of mortgages insured under this subsection. ``(17) Implementation.--The Secretary may implement this subsection on an interim basis by issuing interim rules, except that the Secretary shall solicit public comments upon publication of such interim rules and shall issue final rules implementing this subsection after consideration of the comments submitted.''. (b) Mortgage Insurance Premiums.--The second sentence of subparagraph (A) of section 203(c)(2)(A) of the National Housing Act (12 U.S.C. 1709(c)(2)(A)) is amended by striking ``In'' and inserting ``Except with respect to a mortgage insured under subsection (l), in''.

Zero Downpayment Act of 2004 - Amends the National Housing Act to authorize the Secretary of Housing and Urban Development to insure zero-downpayment mortgages of an eligible single family residence for a first-time homebuyer who has received specified homeownership counseling. Terminates program authority after September 30, 2011, except for mortgages executed prior to such date.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Opportunity Passport Act of 2002''. SEC. 2. OPPORTUNITY PASSPORTS. Section 105(a)(3) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106(a)(3)) is amended by adding at the end the following: ``(D) Opportunity passports and other assistance.-- ``(i) Grants.--The Secretary may make grants to partnerships of public agencies or private nonprofit organizations in not more than 10 States to assist the partnerships in developing and implementing methods of providing long- and short-term financial security for youth in foster care and youth aging out of foster care. ``(ii) Use of funds.-- ``(I) In general.--A partnership that receives a grant under clause (i) shall use the funds made available through the grant to carry out 1 or more of the activities described in clauses (ii) through (v). ``(II) Opportunity passports.--The partnership may use the funds to develop and provide, for youth aging out of foster care, electronic opportunity passports, such as electronic cards or secure Internet databases that contain vital information, such as medical records, legal identification (analogous to a Social Security card or birth certificate), and school transcripts, to ensure that the youth can carry or readily access the vital information. ``(III) Individual development accounts.--The partnership may use the funds to establish and provide individual development accounts, to assist youth aging out of foster care to obtain postsecondary education, purchase a house, pay for medical care, operate a business, or purchase a car. In establishing and providing such an account, the partnership shall provide a small amount of seed money and shall require the account holder to attend money management training before receiving access to the account. ``(IV) Debit accounts for short- term use.--The partnership may use the funds to establish and provide debit accounts, to assist youth aging out of foster care for short periods by enabling the youth to build credit histories and purchase essential items such as work uniforms and car insurance, in order to assist the youth in becoming self-sufficient. In establishing and providing such an account, the partnership shall provide a small amount of seed money and shall require the account holder to attend money management training before receiving access to the account. ``(V) Assistance from youth leadership boards and community partners.--The partnership may use the funds to establish a youth leadership board and provide assistance through the board, or to provide assistance through members of the partnership, to enable youth in foster care to negotiate agreements, obtain expedited access to education and training programs, obtain pre-approval for student loans or other student financial assistance, and become entrepreneurs. ``(iii) Definition.--In this subparagraph, the term `youth aging out of foster care' means children who are-- ``(A) leaving foster care because such children have attained the maximum age for foster care eligibility in a State; and ``(B) transitioning to independent living, as determined by the Secretary.''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 112 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106h) is amended-- (1) by redesignating subsection (b) as subsection (c); (2) in subsection (a)(1), by inserting ``(other than section 105(a)(3)(D))'' after ``title''; and (3) by inserting after subsection (a) the following: ``(b) Opportunity Passports.--There are authorized to be appropriated to carry out section 105(a)(3)(D) $10,000,000 for fiscal year 2003 and such sums as may be necessary for each subsequent fiscal year.''.

Opportunity Passport Act of 2002 - Authorizes the Secretary of Health and Human Services to make grants to assist partnerships of public agencies or private nonprofit organizations in developing and implementing methods of providing financial security for youth in foster care and for youth aging out of foster care, including: (1) electronic opportunity passports, such as electronic cards or secure Internet databases containing vital information about medical records, legal identification, and school transcripts; (2) individual development accounts for educational, housing, medical, business, or automobile expenses; (3) debit accounts for short-term use to build credit histories and purchase essential items; and (4) youth leadership boards providing assistance to enable such youth to negotiate agreements, obtain expedited access to education and training programs, obtain pre-approval for student loans or other student financial assistance, and become entrepreneurs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Persian Gulf War Veterans Health Care and Research Act of 1998''. SEC. 2. HEALTH CARE FOR VETERANS OF WAR. (a) Authority To Provide Priority Care.--Section 1710(e) of title 38, United States Code, is amended-- (1) by adding at the end of paragraph (1) the following new subparagraph: ``(D) Subject to paragraphs (2) and (3), a veteran who served on active duty in a theater of combat operations (as determined by the Secretary in consultation with the Secretary of Defense) during a period of war after the Vietnam era, or in combat against a hostile force during a period of hostilities (as defined in section 1712A(a)(2)(B) of this title) after the date of the enactment of this subparagraph, is eligible for hospital care, medical services, and nursing home care under subsection (a)(2)(F) for any illness, notwithstanding that there is insufficient medical evidence to conclude that such condition is attributable to such service.''; (2) in paragraph (2)(B), by inserting ``or (1)(D)'' after ``paragraph (1)(C)''; (3) in paragraph (3)-- (A) by striking out ``and'' at the end of subparagraph (A); (B) by striking out ``December 31, 1998.'' in subparagraph (B) and inserting in lieu thereof ``December 31, 2001; and''; and (C) by adding at the end the following new subparagraph: ``(C) in the case of care for a veteran described in paragraph (1)(D), after a period of five years beginning on the date of the veteran's discharge or release from active military, naval, or air service.''; and (4) by adding at the end the following new paragraph: ``(5) When the Secretary first provides care for veterans using the authority provided in paragraph (1)(D), the Secretary shall submit to Congress a report on the experience under that authority. The report shall cover the period of the first three years during which that authority is used and shall be submitted not later than nine months after the end of that three-year period. The Secretary shall include in the report any recommendations of the Secretary for extension of that authority.''. (b) Enrollment Priority.--Section 1705(a)(4) of such title is amended-- (1) by striking out ``and'' after ``permanently housebound'' and inserting in lieu thereof a comma; and (2) by inserting ``, and veterans described in subparagraph (F) of section 1710(a)(2) of this title'' after ``disabled''. SEC. 3. NATIONAL CENTER FOR THE STUDY OF WAR-RELATED ILLNESSES. (a) In General.--(1) Chapter 73 of title 38, United States Code, is amended by inserting after section 7322 the following new section: ``Sec. 7323. National Center for the Study of War-Related Illnesses ``(a) Establishment.--The Secretary, acting through the Under Secretary for Health, shall establish and operate in the Veterans Health Administration a National Center for the Study of War-Related Illnesses (hereinafter in this section referred to as the `Center'). The Center shall, as appropriate, coordinate its activities with those of the National Center on Post-Traumatic-Stress Disorder established pursuant to section 110(c) of the Veterans' Health Care Act of 1984 (Public Law 98-528). ``(b) Purposes.--The purposes of the Center shall be to promote improvement of clinical, research, and educational activities of the Veterans Health Administration with respect to war-related illnesses, including medically unexplained illnesses. ``(c) Functions.--In carrying out the purposes of the Center, the Under Secretary shall ensure that the Center-- ``(1) promotes the training of health care and related personnel in, and research into, the causes, mechanisms, and treatment of war-related illnesses; ``(2) serves as a resource center for, and promotes and seeks to coordinate the exchange of information regarding, research and training activities carried out by the Department, the Department of Defense, and other Federal and non-Federal entities; and ``(3) coordinates with the Department of Defense and other interested Federal departments and agencies in the conduct of research, training, and treatment and the dissemination of information pertaining to war-related illnesses. ``(d) Staff.--The Under Secretary shall ensure that the staff of the Center has an appropriate range and breadth of expertise so as to enable the Center to bring an interdisciplinary approach to the study and treatment of war-related illnesses. ``(e) Coordination Between Departments.--(1) In order to ensure needed coordination between the Department and the Department of Defense in carrying out the mission of the Center, the officials identified in subparagraphs (A) and (B) of section 8111(b)(2) of this title shall-- ``(A) meet regularly to review pertinent policies, procedures, and practices of their respective departments relating to such coordination and to identify actions that could be taken to change policies, procedures, and practices to improve such coordination; and ``(B) take all appropriate steps to carry out those actions identified under paragraph (1). ``(2) The Secretary and the Secretary of Defense shall submit to the appropriate committees of Congress an annual joint report, not later than April 1 each year, on the activities under paragraph (1) during the preceding year.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7322 the following new item: ``7323. National Center for the Study of War-Related Illnesses.''. (b) Effective Date.--The National Center for the Study of War- Related Illnesses required to be established by section 7323 of title 38, United States Code, as added by subsection (a), shall be established not later than October 1, 1999. SEC. 4. ASSESSMENT OF EFFECTIVENESS OF CARE OF PERSIAN GULF WAR VETERANS. (a) Assessment by National Academy of Sciences.--Not later than November 1, 1998, the Secretary of Veterans Affairs shall enter into a contract with the National Academy of Sciences for the conduct of a review of a methodology which could be used by the Department of Veterans Affairs for determining the efficacy of treatments furnished to, and health outcomes (to include functional status) of, Persian Gulf War veterans who have been treated for illnesses which may be associated with their service in the Persian Gulf War. (b) Action on Report.--Not later than 180 days after receiving the final report of the National Academy of Sciences under subsection (a), the Secretary shall-- (1) if scientifically feasible, develop an appropriate mechanism to monitor and study the effectiveness of treatments furnished to, and health outcomes of, Persian Gulf War veterans who suffer from diagnosed and undiagnosed illnesses which may be associated with their service in the Persian Gulf War; and (2) submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the implementation of this subsection. SEC. 5. CONTRACT FOR INDEPENDENT RECOMMENDATIONS ON RESEARCH AND FOR DEVELOPMENT OF CURRICULUM ON CARE OF PERSIAN GULF WAR VETERANS. Section 706 of the Persian Gulf War Veterans' Health Status Act (title VII of Public Law 102-585; 38 U.S.C. 527 note) is amended by adding at the end thereof the following new subsection: ``(d) Research Review and Development of Medical Education Curriculum.--(1) In order to further understanding of the health consequences of military service in the Persian Gulf theater of operations and of new research findings with implications for improving the provision of care for veterans of such service, the Secretary of Veterans Affairs and the Secretary of Defense shall seek to enter into an agreement with the National Academy of Sciences under which the Institute of Medicine of the Academy would-- ``(A) develop a curriculum pertaining to the care and treatment of veterans of such service who have ill-defined or undiagnosed illnesses for use in the continuing medical education of both general and specialty physicians who provide care for such veterans; and ``(B) periodically review and provide recommendations regarding the research plans and research strategies of the Departments relating to the health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War, including recommendations that the Academy considers appropriate for additional scientific studies to resolve areas of continuing scientific uncertainty relating to the health consequences of any aspects of such military service. ``(2) Not later than 6 months after the Institute of Medicine provides the Secretaries the curriculum developed under paragraph (1), the Secretaries shall provide for the conduct of continuing education programs using the curriculum developed under paragraph (1). Such programs shall include instruction which seeks to emphasize use of appropriate protocols of diagnosis, referral, and treatment of such veterans.''. SEC. 6. REVISION TO PROCESS FOR DETERMINING PRIORITIES FOR HEALTH- RELATED RESEARCH ON THE PERSIAN GULF WAR. Section 707 of the Persian Gulf War Veterans' Health Status Act (title VII of Public Law 102-585; 38 U.S.C. 527 note) is amended by striking out subsection (b) and inserting in lieu thereof the following: ``(b) Public Advisory Committee.--Not later than January 1, 1999, the head of the department or agency designated under subsection (a) shall establish an advisory committee consisting of members of the general public, to include Persian Gulf War veterans and representatives of such veterans, to provide advice to the head of that department or agency on proposed research studies, research plans, or research strategies relating to the health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War. The department or agency head shall consult with such advisory committee on a regular basis. ``(c) Reports.--(1) Not later than March 1 of each year, the head of the department or agency designated under subsection (a) shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on-- ``(A) the status and results of all such research activities undertaken by the executive branch during the previous year; ``(B) research priorities identified during that year; and ``(C) recommendations of the public advisory committee established under subsection (b) that were not adopted during that year and the reasons for not adopting each such recommendation. ``(2)(A) Not later than 120 days after submission of the epidemiological research study conducted by the Department of Veterans Affairs entitled `VA National Survey of Persian Gulf Veterans--Phase III', the head of the department or agency designated under subsection (a) shall submit to the congressional committees specified in paragraph (1) a report on the findings under that study. ``(B) With respect to any findings of that study which identify scientific evidence of a greater relative risk of illness or illnesses in family members of veterans who served in the Persian Gulf War theater of operations than in family members of veterans who did not so serve, the head of the department or agency designated under subsection (a) shall seek to ensure that appropriate research studies are designed to follow up on such findings. ``(d) Public Availability of Research Findings.--The head of the department or agency designated under subsection (a) shall ensure that the findings of all research conducted by or for the executive branch relating to the health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War (including information pertinent to improving provision of care for veterans of such service) are made available to the public through peer-reviewed medical journals, the Internet World Wide Web, and other appropriate media.''. SEC. 7. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN ASPINWALL, PENNSYLVANIA. The Department of Veterans Affairs medical center in Aspinwall, Pennsylvania, is hereby designated as the ``H. John Heinz III Department of Veterans Affairs Medical Center''. Any reference to that medical center in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the ``H. John Heinz III Department of Veterans Affairs Medical Center''. SEC. 8. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN GAINESVILLE, FLORIDA. The Department of Veterans Affairs medical center in Gainesville, Florida, is hereby designated as the ``Malcom Randall Department of Veterans Affairs Medical Center''. Any reference to that medical center in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the ``Malcom Randall Department of Veterans Affairs Medical Center''. SEC. 9. MANAGEMENT OF SPECIALIZED TREATMENT AND REHABILITATIVE PROGRAMS. (a) Standards of Job Performance.--Section 1706(b) of title 38, United States Code, is amended-- (1) in paragraph (2), by striking out ``April 1, 1997, April 1, 1998, and April 1, 1999'', and inserting in lieu thereof ``April 1, 1999, April 1, 2000, and April 1, 2001''; and (2) by adding at the end the following new paragraph: ``(3)(A) To ensure compliance with paragraph (1), the Under Secretary for Health shall prescribe objective standards of job performance for employees in positions described in subparagraph (B) with respect to the job performance of those employees in carrying out the requirements of paragraph (1). Those job performance standards shall include measures of workload, allocation of resources, and quality-of-care indicators. ``(B) Positions described in this subparagraph are positions in the Veterans Health Administration that have responsibility for allocating and managing resources applicable to the requirements of paragraph (1). ``(C) The Under Secretary shall develop the job performance standards under subparagraph (A) in consultation with the Advisory Committee on Prosthetics and Special Disabilities Programs and the Committee on Care of Severely Chronically Mentally Ill Veterans.''. (b) Effective Date.--The standards of job performance required by paragraph (3) of section 1706(b) of title 38, United States Code, as added by subsection (a), shall be prescribed not later than January 1, 1999. SEC. 10. EXTENSION OF AUTHORITY TO COUNSEL AND TREAT VETERANS FOR SEXUAL TRAUMA. Section 1720D(a) of title 38, United States Code, is amended by striking out ``December 31, 1998'' in paragraphs (1) and (3) and inserting in lieu thereof ``December 31, 2001''. SEC. 11. AUTHORIZATION OF CONSTRUCTION OF A SPINAL CORD INJURY CENTER AT THE TAMPA, FLORIDA, VAMC. (a) Authorization.--The Secretary of Veterans Affairs may carry out a major medical facility project for construction of a spinal cord injury center at the Department of Veterans Affairs Medical Center, Tampa, Florida, in an amount not to exceed $46,300,000. (b) Funding.--There are authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 1999 for the Construction, Major Projects, account $20,000,000 to be available for the project authorized in subsection (a). (c) Source of Funds.--The project authorized in subsection (a) may be carried out using -- (A) funds appropriated pursuant to the authorization of appropriations in subsection (b); (B) funds appropriated for Construction, Major Projects, for a fiscal year before fiscal year 1999 that remain available for obligation; and (C) funds appropriated for Construction, Major Projects, for a fiscal year before fiscal year 1999 for a category of activity not specific to a project. Passed the House of Representatives August 3, 1998. Attest: ROBIN H. CARLE, Clerk.

Persian Gulf War Veterans Health Care and Research Act of 1998 - Authorizes priority hospital care, medical services, and nursing home care for any illness for veterans who served on active duty: (1) in a theater of combat operations during a period of war after the Vietnam era; or (2) in combat against a hostile force after the date of enactment of this Act. Allows such priority notwithstanding that there is insufficient medical evidence to conclude that such condition is attributable to such service. Extends through December 31, 2001, the authority for the provision of such services to other Persian Gulf War veterans. Authorizes priority service for a period of five years after discharge or release. Requires a report from the Secretary of Veterans Affairs to the Congress on the experiences under the priority care. Elevates from level six to level four the priority assigned for purposes of enrollment for health care to veterans based on Persian Gulf War service, herbicide exposure during the Vietnam era, and exposure to ionizing radiation. Directs the Secretary to establish in the Veterans Health Administration (VHA) of the Department of Veterans Affairs a National Center for the Study of War-Related Illnesses to promote the clinical, research, and educational activities of the VHA with respect to war-related illnesses, including medically unexplained illnesses. Directs the Secretary to contract with the National Academy of Sciences (NAS) for the review of a methodology which could be used by the Department to determine the efficacy of treatments furnished to, and health outcomes of, Persian Gulf War veterans who have been treated for illnesses which may be associated with their service. Requires an implementation report from the Secretary to the congressional veterans' committees. Authorizes the Secretaries of Veterans Affairs and Defense to contract with NAS to: (1) develop a curriculum pertaining to the care and treatment of Persian Gulf War veterans who have ill-defined or undiagnosed illnesses for use in the continuing medical education of both general and specialty physicians providing care to such veterans; and (2) periodically review and provide recommendations regarding the research plans and strategies of the respective Departments relating to the health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War. Amends the Persian Gulf War Veterans' Health Status Act to direct Federal department or agency heads designated by the President to establish within their respective departments an advisory committee to advise on proposed research studies, plans, or strategies relating to the health consequences of military service in the Persian Gulf theater of operations. Requires: (1) related reports; and (2) the public availability of all research findings, including through the Internet World Wide Web. Designates the Department medical center in: (1) Aspinwall, Pennsylvania, as the H. John Heinz III Department of Veterans Affairs Medical Center; and (2) Gainesville, Florida, as the Malcom Randall Department of Veterans Affairs Medical Center. Extends through April 1, 2001, reporting requirements of the Secretary concerning management of Department hospital care and medical services. Requires the VHA's Under Secretary for Health to prescribe objective standards of job performance for Department employees having responsibility for allocating and managing Department hospital and medical resources. Extends through December 31, 2001, the authority to provide counseling and treatment to veterans to overcome sexual trauma. Authorizes the Secretary to carry out a major medical facility project for construction of a spinal cord injury center at the Department of Veterans Affairs Medical Center, Tampa, Florida, at a specified cost. Authorizes appropriations for FY 1999 for such construction. Allows the use of Construction, Major Projects, funding for fiscal years before 1999 for such project.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Rural States Physician Recruitment and Retention Demonstration Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Rural States Physician Recruitment and Retention Demonstration Program. Sec. 4. Establishment of the Health Professions Database. Sec. 5. Evaluation and reports. Sec. 6. Contracting flexibility. SEC. 2. DEFINITIONS. In this Act: (1) COGME.--The term ``COGME'' means the Council on Graduate Medical Education established under section 762 of the Public Health Service Act (42 U.S.C. 294o). (2) Demonstration program.--The term ``demonstration program'' means the Rural States Physician Recruitment and Retention Demonstration Program established by the Secretary under section 3(a). (3) Demonstration states.--The term ``demonstration States'' means the 2 States selected by the Secretary that, based upon 1998 data, have-- (A) an uninsured population above 20 percent (as determined by the Bureau of the Census); (B) a population eligible for medical assistance under the medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) above 17 percent (as determined by the Health Care Financing Administration); (C) an unemployment rate above 4.8 percent (as determined by the Bureau of Labor Statistics); (D) an average per capita income below $21,200 (as determined by the Bureau of Economic Analysis); and (E) a geographic practice cost indices component of the reimbursement rate for physicians under the medicare program that is below the national average (as determined by the Health Care Financing Administration). (4) Eligible residency or fellowship graduate.--The term ``eligible residency or fellowship graduate'' means a graduate of an approved medical residency training program (as defined in section 1886(h)(5)(A) of the Social Security Act (42 U.S.C. 1395ww(h)(5)(A))) in a shortage physician specialty. (5) Health professions database.--The term ``Health Professions Database'' means the database established under section 4(a). (6) Medicare program.--The term ``medicare program'' means the health benefits program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (7) MedPAC.--The term ``MedPAC'' means the Medicare Payment Advisory Commission established under section 1805 of the Social Security Act (42 U.S.C. 1395b-6). (8) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (9) Shortage physician specialties.--The term ``shortage physician specialty'' means a medical or surgical specialty identified in a demonstration State by the Secretary based on-- (A) an analysis and comparison of National data and demonstration State data; and (B) recommendations from appropriate Federal, State, and private commissions, centers, councils, medical and surgical physician specialty boards, and medical societies or associations involved in physician workforce, education and training, and payment issues. SEC. 3. RURAL STATES PHYSICIAN RECRUITMENT AND RETENTION DEMONSTRATION PROGRAM. (a) Establishment.-- (1) In general.--The Secretary shall establish a Rural States Physician Recruitment and Retention Demonstration Program for the purpose of ameliorating physician shortage, recruitment, and retention problems in rural States in accordance with the requirements of this section. (2) Consultation.--For purposes of establishing the demonstration program, the Secretary shall consult with-- (A) COGME; (B) MedPAC; (C) a representative of each demonstration State medical society or association; (D) the health workforce planning and physician training authority of each demonstration State; and (E) any other entity described in section 2(9)(B). (b) Duration.--The Secretary shall conduct the demonstration program for a period of 10 years. (c) Conduct of Program.-- (1) Funding of additional residency and fellowship positions.-- (A) In general.--As part of the demonstration program, the Secretary (acting through the Administrator of the Health Care Financing Administration) shall-- (i) waive any limitation under section 1886 of the Social Security Act (42 U.S.C. 1395ww) with respect to the number of residency and fellowship positions; (ii) increase by up to 15 percent of the total number residency and fellowship positions approved at each medical residency training program in each demonstration State the number of residency and fellowships in each shortage physician specialty; and (iii) subject to subparagraph (C), provide funding for such additional positions under subsections (d)(5)(B) and (h) of section 1886 of the Social Security Act (42 U.S.C. 1395ww). (B) Establishment of additional positions.-- (i) Identification.--The Secretary shall identify each additional residency and fellowship position created as a result of the application of subparagraph (A). (ii) Negotiation and consultation.--The Secretary shall negotiate and consult with representatives of each approved medical residency training program in a demonstration State at which a position identified under clause (i) is created for purposes of supporting such position. (C) Contracts with residents and fellows.-- (i) In general.--The Secretary shall condition the availability of funding for each residency and fellowship position identified under subparagraph (B)(i) on the execution of a contract containing the provisions described in clause (ii) by each individual accepting such a residency or fellowship position. (ii) Provisions described.--The provisions described in this clause provide that, upon completion of the residency or fellowship, the individual completing such residency or fellowship will practice in the demonstration State in which such residency or fellowship was completed that is designated by the contract for 1 year for each year of training under the residency or fellowship in the demonstration State. (iii) Construction.--The period that the individual practices in the area designated by the contract shall be in addition to any period that such individual practices in an area designated under a contract executed pursuant to paragraph (2)(C). (D) Limitations.-- (i) Period of payment.--The Secretary may not fund any residency of fellowship position identified under subparagraph (B)(i) for a period of more than 5 years. (ii) Phase-out of program.--The Secretary may not enter into any contract under subparagraph (C) after the date that is 5 years after the date on which the Secretary establishes the demonstration program. (2) Loan repayment and forgiveness program.-- (A) In general.--As part of the demonstration program, the Secretary (acting through the Administrator of Health Resources and Services Administration) shall establish a loan repayment and forgiveness program, through the holder of the loan, under which the Secretary assumes the obligation to repay a qualified loan amount for an educational loan of an eligible residency or fellowship graduate-- (i) for which the Secretary has approved an application submitted under subparagraph (D); and (ii) with which the Secretary has entered into a contract under subparagraph (C). (B) Qualified loan amount.-- (i) In general.--Subject to clause (ii), the Secretary shall repay not more than $25,000 per graduate per year of the loan obligation on a loan that is outstanding during the period that the eligible residency or fellowship graduate practices in the area designated by the contract entered into under subparagraph (C). (ii) Limitation.--The aggregate amount under this subparagraph shall not exceed $125,000 for any graduate and the Secretary may not repay or forgive more than 30 loans per year in each demonstration State under this paragraph. (C) Contracts with residents and fellows.-- (i) In general.--Each eligible residency or fellowship graduate desiring repayment of a loan under this paragraph shall execute a contract containing the provisions described in clause (ii). (ii) Provisions.--The provisions described in this clause are provisions that require the eligible residency or fellowship graduate to practice in a demonstration State during the period in which a loan is being repaid or forgiven under this section. (D) Application.-- (i) In general.--Each eligible residency or fellowship graduate desiring repayment of a loan under this paragraph shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (ii) Phase-out of loan repayment and forgiveness program.--The Secretary may not accept an application for repayment of any loan under this paragraph after the date that is 5 years after the date on which the demonstration program is established. (E) Construction.--Nothing in the section shall be construed to authorize any refunding of any repayment of a loan. (F) Prevention of double benefits.--No borrower may, for the same service, receive a benefit under both this paragraph and any loan repayment or forgiveness program under title VII of the Public Health Service Act (42 U.S.C. 292 et seq.). (d) Waiver of Medicare Requirements.--The Secretary is authorized to waive any requirement of the medicare program, or approve equivalent or alternative ways of meeting such a requirement, if such waiver is necessary to carry out the demonstration program, including the waiver of any limitation on the amount of payment or number of residents under section 1886 of the Social Security Act (42 U.S.C. 1395ww). (e) Appropriations.-- (1) Funding of additional residency and fellowship positions.--Any expenditures resulting from the establishment of the funding of additional residency and fellowship positions under subsection (c)(1) shall be made from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i). (2) Loan repayment and forgiveness program.--There are authorized to be appropriated such sums as may be necessary to carry out the loan repayment and forgiveness program established under subsection (c)(2). SEC. 4. ESTABLISHMENT OF THE HEALTH PROFESSIONS DATABASE. (a) Establishment of the Health Professions Database.-- (1) In general.--Not later than 7 months after the date of enactment of this Act, the Secretary (acting through the Administrator of Health Resources and Services Administration) shall establish a State-specific health professions database to track health professionals in each demonstration State with respect to specialty certifications, practice characteristics, professional licensure, practice types, locations, education, training, as well as obligations under the demonstration program as a result of the execution of a contract under paragraph (1)(C) or (2)(C) of section 3(c). (2) Data sources.--In establishing the Health Professions Database, the Secretary shall use the latest available data from existing health workforce files, including the AMA Master File, State databases, specialty medical society data sources and information, and such other data points as may be recommended by COGME, MedPAC, the National Center for Workforce Information and Analysis, or the medical society of the respective demonstration State. (b) Availability.-- (1) During the program.--During the demonstration program, data from the Health Professions Database shall be made available to the Secretary, each demonstration State, and the public for the purposes of-- (A) developing a baseline and to track changes in a demonstration State's health professions workforce; (B) tracking direct and indirect graduate medical education payments to hospitals; (C) tracking the forgiveness and repayment of loans for educating physicians; and (D) tracking commitments by physicians under the demonstration program. (2) Following the program.--Following the termination of the demonstration program, a demonstration State may elect to maintain the Health Professions Database for such State at its expense. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for the purpose of carrying out this section. SEC. 5. EVALUATION AND REPORTS. (a) Evaluation.-- (1) In general.--COGME and MedPAC shall jointly conduct a comprehensive evaluation of the demonstration program established under section 3. (2) Matters evaluated.--The evaluation conducted under paragraph (1) shall include an analysis of the effectiveness of the funding of additional residency and fellowship positions and the loan repayment and forgiveness program on physician recruitment, retention, and specialty mix in each demonstration State. (b) Progress Reports.-- (1) COGME.--COGME shall submit a report on the progress of the demonstration program to the Secretary and Congress 1 year after the date on which the Secretary establishes the demonstration program, 5 years after such date, and 10 years after such date. (2) MedPAC.--MedPAC shall submit biennial reports on the progress of the demonstration program to the Secretary and Congress. (c) Final Report.--Not later than 1 year after the date on which the demonstration program terminates, COGME and MedPAC shall submit a final report to the President, Congress, and the Secretary which shall contain a detailed statement of the findings and conclusions of COGME and MedPAC, together with such recommendations for such legislation and administrative actions as COGME and MedPAC consider appropriate. (d) Authorization of appropriations.--There are authorized to be appropriated to COGME such sums as may be necessary for the purpose of carrying out this section. SEC. 6. CONTRACTING FLEXIBILITY. For purposes of conducting the demonstration program and establishing and administering the Health Professions Database, the Secretary may procure temporary and intermittent services under section 3109(b) of title 5, United States Code.

Authorizes the Secretary to waive any requirements under title XVIII (Medicare) of the Social Security Act if necessary to carry out the ten-year demonstration program. Directs the Secretary to establish a State-specific health professions database to track health professionals in each demonstration State with respect to specialty certifications and related practice, license, and training information. Requires a joint demonstration program evaluation by the Council on Graduate Medical Education and the Medicare Payment Advisory Commission.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tire Investment, Recovery and Extension Act of 2007'' or the ``TIRE Act of 2007''. SEC. 2. FINDINGS. (1) The majority of rubber used by industry in the United States is synthetic rubber that has been derived from petroleum. (2) The tire industry is the largest consumer of rubber in the United States, using over 3 billion pounds of rubber annually to produce over 250 million tires. (3) Recycled rubber from scrap tires can be used in the production of new tires at loadings exceeding 10 percent of the weight of rubber in the tire if the particle size of the recycled rubber is extremely fine (80 mesh/177 microns or finer) and the particles are free from impurities such as steel and fiber. (4) On average, the United States can save a gallon of oil for every tire produced incorporating 10 percent recycled rubber. (5) On average, for every pound of recycled rubber used as an alternative to synthetic rubber, the United States will prevent a pound of carbon dioxide from being released into the atmosphere. (6) An independent study has determined that air permeability in a standard tire can be reduced by up to 50 percent when using recycled content. If recycled content is used in every passenger car in the United States, it would result in a fuel savings of up to 750 million gallons per year. SEC. 3. CREDIT FOR PURCHASES BY VEHICLE FLEET OPERATORS OF TIRES MADE FROM RECYCLED RUBBER. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 450. PURCHASES BY VEHICLE FLEET OPERATORS OF TIRES MADE FROM RECYCLED RUBBER. ``(a) Allowance of Credit.--For purposes of section 38, in the case of an eligible taxpayer, the recycled rubber tire credit determined under this section is $3 for each qualified tire purchased by the taxpayer during the taxable year for use on a highway motor vehicle used in a trade or business of the taxpayer. ``(b) Dollar Limitation.-- ``(1) In general.--The credit determined under this section for any taxable year shall not exceed-- ``(A) $10,000,000 in the case of taxable years ending during the first year beginning after the date of the enactment of this section, ``(B) $15,000,000 in the case of taxable years ending during the 2nd such year, ``(C) $25,000,000 in the case of taxable years ending during the 3rd, 4th, or 5th such year, and ``(D) except as provided in paragraph (2), zero thereafter. ``(2) Carryover of unused limitation.--If the limitation under this subsection for any taxable year (after the application of this paragraph) exceeds the credit determined under this section for such year, such limitation for the succeeding taxable year shall be increased by the amount of such excess. No amount may be carried under the preceding sentence to any taxable year ending after the 6th year beginning after the date of the enactment of this section. ``(3) Aggregate limitation.--In no event shall the aggregate credit determined under this section for a taxpayer for all taxable years exceed $100,000,000. ``(c) Eligible Taxpayer.--For purposes of this section, the term `eligible taxpayer' means any person who regularly uses more than 100 vehicles in any trade or business of such person during the taxable year. ``(d) Qualified Tire.--For purposes of this section-- ``(1) In general.--The term `qualified tire' means-- ``(A) any qualified new tire, and ``(B) any qualified retread tire. ``(2) Qualified new tire.--The term `qualified new tire' means any tire (other than a retread tire) if-- ``(A) the tire is manufactured in the United States, ``(B) the original use of the tire begins with the taxpayer, and ``(C) at least the new tire percentage of the total weight of the rubber in the tire is attributable to recycled rubber powder. ``(3) Qualified retread tire.--The term `qualified retread tire' means any retread tire if-- ``(A) the tire is of a type used on highway motor vehicles having a gross vehicle weight rating of at least 2,600 pounds, ``(B) the tire is retreaded in the United States, ``(C) the original use of the tire (after retreading) begins with the taxpayer, and ``(D) at least the retread tire percentage of the total weight of the rubber in the retread portion of the tire is attributable to recycled rubber powder. ``(4) Recycled content percentages.--The new tire percentage and the retread tire percentage shall be determined in accordance with the following table: ------------------------------------------------------------------------ The retread The new tire tire ``If the tire is purchased during-- percentage percentage is-- is-- ------------------------------------------------------------------------ the 1st year after the date of the enactment 8 10 of this section............................ the 2nd such year........................... 9 11 the 3rd such year........................... 10 12 the 4th such year........................... 11 13 the 5th such year........................... 12 14 ------------------------------------------------------------------------ ``(5) Recycled rubber powder.--The term `recycled rubber powder' means recycled vulcanizate particulate rubber at a size classification of 80 mesh or finer as defined in the ASTM standard D5603-01. ``(e) Controlled Groups.--For purposes of this section, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as one person, and the dollar limitation applicable under subsection (b) for any taxable year shall be allocated among such persons in proportion to their purchases of qualified tires during such year. ``(f) Basis Adjustment.--For purposes of this subtitle, if a credit is determined under this section with respect to any tire, the basis of such tire shall be reduced by the amount of the credit so allowed. ``(g) Application of Section.--This section shall apply to tires purchased during the 5-year period beginning on the day after the date of the enactment of this section.''. (b) Conforming Amendments.-- (1) Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(32) in the case of an eligible taxpayer (as defined in section 45O(b)), the recycled rubber tire credit determined under section 45O(a).''. (2) Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, and'', and by adding at the end the following new paragraph: ``(37) to the extent provided in section 45O(f).''. (3) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45O. Purchases by vehicle fleet operators of tires made from recycled rubber.''. (c) Effective Date.--The amendments made by this section shall apply to purchases made after the date of the enactment of this Act in taxable years ending after such date.

Tire Investment, Recovery and Extension Act of 2007 [sic]or the TIRE Act of 2007 [sic] - Amends the Internal Revenue Code to allow taxpayers who regularly use more than 100 vehicles a year in a trade or business (vehicle fleet operators) a tax credit for the purchase of new or retread tires made from recycled rubber.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Children's Sports Athletic Equipment Safety Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Football helmet safety standards. Sec. 4. Application of third-party testing and certification requirements to youth football helmets. Sec. 5. False or misleading claims with respect to athletic sporting activity goods. SEC. 2. FINDINGS. The Congress finds the following: (1) Participation in sports and athletic activities provides many benefits to children and should be encouraged. (2) Participation in sports and athletic activities does involve some inevitable risk of injury that no protective gear or safety device can fully eliminate. (3) Sports-related concussion is a form of traumatic brain injury that can lead to lasting negative health consequences. (4) Direct medical costs and indirect costs of traumatic brain injuries totaled an estimated $60,000,000,000 in the United States in the year 2000. (5) Sports are the second leading cause of traumatic brain injury for Americans who are 15 to 24 years old, behind only motor vehicle crashes. (6) Every year, American athletes suffer up to an estimated 3,800,000 sports-related concussions. (7) The potential for catastrophic injury resulting from multiple concussions make sports-related concussion a significant concern for young athletes, coaches, and parents. (8) Football has the highest incidence of concussions, which also occur in many other sports such as baseball, basketball, ice hockey, lacrosse, soccer, and softball. (9) An estimated 4,500,000 children play football in organized youth and school sports leagues, including approximately 1,500,000 high school players. (10) According to the Consumer Product Safety Commission, more than 920,000 athletes under the age of 18 were treated in emergency rooms, doctors' offices, and clinics for football- related injuries in the year 2007. (11) In any given football season, 20 percent of all high school football players sustain brain injuries. (12) One study that included a post-season survey of football players found that 47 percent experienced at least one concussion and almost 35 percent experienced multiple concussions. (13) Medical experts at Boston University School of Medicine found that a deceased 18-year-old athlete, who had experienced multiple concussions playing high school football, suffered from chronic traumatic encephalopathy, a degenerative brain disease caused by head trauma. (14) A football helmet's ability to protect players from injury by attenuating acceleration forces can decline over time as the helmet experiences thousands of hits from use during successive football seasons after its original date of manufacture. (15) According to industry estimates, 100,000 football helmets more than ten years old, and thousands almost twenty years old, were worn by players in the 2009 season. (16) A high school football player who suffered brain damage from being hit in the head soon after suffering a previous concussion was wearing a twenty-year-old football helmet when he was injured. (17) Children as young as 5 years old rely on football helmets to protect against head injury. (18) The widespread adoption of a voluntary industry standard for football helmet safety led to an 80-percent reduction in life-threatening subdural hematoma injuries. (19) The voluntary industry safety standard for football helmets does not specifically address concussion risk. (20) There is no voluntary industry safety standard specifically for youth football helmets worn by children, who have different physiological characteristics from adults in terms of head size and neck strength, especially those who are younger than 12 years old. (21) Some football helmet manufacturers and resellers have used misleading concussion safety claims to sell children's football helmets. (22) Some used helmet reconditioners have falsely certified that reconditioned helmets provided to schools and youth football teams met voluntary industry safety standards. (23) Used helmet reconditioners do not independently test reconditioned helmets before certifying that they meet voluntary industry safety standards. (24) The industry organization that sets voluntary football helmet safety standards does not conduct independent testing nor market surveillance to ensure compliance with such voluntary safety standards by manufacturers and reconditioners that certify new and used helmets to such standards. (25) Football helmet manufacturers and reconditioners place product warning labels underneath padding where the warning labels are obscured from view and not clearly legible. (26) The Consumer Product Safety Act (15 U.S.C. 2051 et seq.) charges the Consumer Product Safety Commission with protecting the public from unreasonable risks of serious injury or death from consumer products, including consumer products used in recreation and in schools. (27) The Federal Trade Commission Act (15 U.S.C. 41 et seq.) empowers the Federal Trade Commission to prevent unfair or deceptive acts or practices, and prohibits the dissemination of misleading claims for devices or services. SEC. 3. FOOTBALL HELMET SAFETY STANDARDS. (a) Voluntary Standard Determination.--Within 9 months after the date of enactment of this Act, the Consumer Product Safety Commission shall determine, with respect to a standard or standards submitted by a voluntary standards-setting organization regarding youth football helmets, reconditioned football helmets, and new football helmet concussion resistance (if feasible) whether-- (1) compliance with the standard or standards is likely to result in the elimination or adequate reduction of the risk of injury in connection with the use of football helmets; (2) it is likely that there will be substantial compliance with the standard or standards; and (3) the standard or standards are maintained by a standards-setting organization that meets the requirements of the document ``ANSI Essential Requirements: Due Process Requirements for American National Standards'' published in January 2010 by the American National Standards Institute (or any successor document). (b) Consumer Product Safety Standard.--Unless the Consumer Product Safety Commission makes an affirmative determination with respect to a standard or standards under subsection (a) that addresses the matters to which the following standards would apply, the Commission shall initiate a rulemaking proceeding for the development of a consumer product safety rule with respect to the following: (1) Youth football helmets.--A standard for youth football helmets which is informed by children's different physiological characteristics from adults in terms of head size and neck strength. (2) Reconditioned football helmets.--A standard for all reconditioned football helmets. (3) New football helmet concussion resistance.--A standard for all new football helmets that addresses concussion risk, if the Commission determines that such a standard is feasible given current understanding of concussion risk and how helmets can prevent concussion. (4) Football helmet warning labels.--A standard for warning labels on all football helmets that, at a minimum, requires clearly legible and fully visible statements warning consumers of the limits of protection afforded by the helmet. This standard may include requirements for pictograms, instructions, guidelines, or other cautions to consumers about injury risk and the proper use of football helmets. (5) Date of manufacture label for new football helmets.--A standard for a clearly legible and fully visible label on all new football helmets stating the football helmet's original date of manufacture and warning consumers that a football helmet's ability to protect the wearer can decline over time. (6) Date of reconditioning label for reconditioned helmets.--A standard for a clearly legible and fully visible label on all reconditioned football helmets stating the helmet's last date of reconditioning, its original date of manufacture, and warning consumers that a football helmet's ability to protect the wearer can decline over time, despite being properly and regularly reconditioned. (c) Safety Standards.-- (1) In general.--The Commission shall-- (A) in consultation with representatives of coaches, consumer groups, engineers, medical experts, school sports directors, scientists, and sports equipment standard-setting organizations, examine and assess the effectiveness of any voluntary consumer product safety standards for youth football helmets, reconditioned football helmets, and new football helmet concussion resistance proposed by a voluntary standards-setting organization; and (B) in accordance with section 553 of title 5, United States Code, promulgate consumer product safety standards that-- (i) are substantially the same as such voluntary standards; or (ii) are more stringent than such voluntary standards, if the Commission determines that more stringent standards would further reduce the risk of injury associated with football helmets. (2) Timetable for rulemaking.--If the Commission does not make an affirmative determination under subsection (a) within the 9-month period, the Commission shall commence the rulemaking required by subsection (b) within 30 days after the end of that 9-month period. The Commission shall periodically review and revise the standards set forth in the consumer product safety rule prescribed pursuant to that proceeding to ensure that such standards provide the highest level of safety for football helmets that is feasible. SEC. 4. APPLICATION OF THIRD-PARTY TESTING AND CERTIFICATION REQUIREMENTS TO YOUTH FOOTBALL HELMETS. (a) In General.--The third-party testing and certification requirements of section 14(a)(2) of the Consumer Product Safety Act (15 U.S.C. 2063(a)(2)) shall apply to any youth football helmet (including a reconditioned youth football helmet) to which any consumer product safety rule prescribed under section 3(b) of this Act applies as if the helmet were a children's product that is subject to a children's product safety rule without regard to the age of the individual for whom it is primarily designed or intended. (b) Special Application of Definition of Children's Product for Purposes of Testing and Certification of Football Helmets.--For the exclusive purpose of applying the definition of the term ``children's product'' in section 3(a)(2) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(2)) to the requirements of subsection (a) of this section, ``18 years'' shall be substituted for ``12 years'' each place it appears. (c) For the purposes of this section, third-party testing and certification shall be conducted by a testing laboratory that has an accreditation-- (1) that meets International Organization for Standardization/International Electrotechnical Commission standard 17025:2005 entitled General Requirements for the Competence of Testing and Calibration Laboratories (or any successor standard that is from an accreditation body that is signatory to the International Laboratory Accreditation Cooperation for testing accreditation); (2) that meets International Organization for Standardization/International Electrotechnical Commission Guide 65:1996 entitled General Requirements for Bodies Operating Product Certification Systems (or any successor standard that is from an accreditation body that is signatory to the International Accreditation Forum for product certification accreditation); and (3) that includes all appropriate football helmet standards and test methods within the scope of the accreditation. SEC. 5. FALSE OR MISLEADING CLAIMS WITH RESPECT TO ATHLETIC SPORTING ACTIVITY GOODS. (a) In General.--It is unlawful for any person to sell, or offer for sale, in interstate commerce, or import into the United States for the purpose of selling or offering for sale, any item of equipment intended, designed, or offered for use by an individual engaged in any athletic sporting activity, whether professional or amateur, for which the seller or importer, or any person acting on behalf of the seller or importer, makes any false or misleading claim with respect to the safety benefits of such item. (b) Enforcement by Federal Trade Commission.-- (1) In general.--Violation of subsection (a), or any regulation prescribed under this section, shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices. The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (2) Regulations.--Notwithstanding any other provision of law, the Commission may promulgate such regulations as it finds necessary or appropriate under this Act under section 553 of title 5, United States Code. (3) Penalties.--Any person who violates subsection (a) or any regulation prescribed under that section, shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated in and made part of this Act. (4) Authority preserved.--Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law. (c) Enforcement by State Attorneys General.-- (1) Right of action.--Except as provided in paragraph (5), the attorney general of a State, or other authorized State officer, alleging a violation of subsection (a) or any regulation issued under that section that affects or may affect such State or its residents may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found, resides, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code, to obtain appropriate injunctive relief. (2) Initiation of civil action.--A State shall provide prior written notice to the Federal Trade Commission of any civil action under paragraph (1) together with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such action. (3) Intervention by the commission.--The Commission may intervene in such civil action and upon intervening-- (A) be heard on all matters arising in such civil action; and (B) file petitions for appeal of a decision in such civil action. (4) Construction.--Nothing in this section shall be construed-- (A) to prevent the attorney general of a State, or other authorized State officer, from exercising the powers conferred on the attorney general, or other authorized State officer, by the laws of such State; or (B) to prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (5) Limitation.--No separate suit shall be brought under this subsection if, at the time the suit is brought, the same alleged violation is the subject of a pending action by the Federal Trade Commission or the United States under this section.

Children's Sports Athletic Equipment Safety Act - Directs the Consumer Product Safety Commission (CPSC) to determine with respect to standards submitted by a voluntary standards-setting organization regarding youth football helmets, reconditioned helmets. and new helmet concussion resistance: (1) whether it is likely that there will be substantial compliance with the standards, (2) whether compliance with such standards is likely to result in the elimination or adequate reduction of the risk of injury, and (3) whether the standards are maintained by a standards-setting organization that meets American National Standards Institute requirements. Directs the CPSC: (1) unless such determinations are affirmative, to initiate a rulemaking proceeding for a consumer product safety rule regarding standards for youth football helmets, reconditioned football helmets, new football helmet concussion resistance, football helmet warning labels, and date of manufacture or reconditioning labels for new or reconditioned football helmets; (2) to assess the effectiveness of any voluntary consumer product safety standards for such helmets and concussion resistance proposed by a voluntary standards-setting organization; (3) to promulgate standards that are substantially the same as such voluntary standards or standards that are more stringent if the more stringent standards would further reduce the risk of injury; and (4) to periodically review and revise the standards set forth in the rule to ensure that they provide the highest feasible level of safety. Applies third-party testing and certification requirements of the Consumer Product Safety Act to any youth football helmet to which any rule prescribed under this Act applies as if the helmet were subject to a children's product safety rule, without regard to the age of the individual for whom it is primarily designed or intended. Provides that for the exclusive purpose of applying the definition of the term "children's product" under such requirements the term shall mean a consumer product designed or intended primarily for children 18 years of age or younger. Prohibits the sale in interstate commerce, or the importation into the United States for the purpose of selling, of any item of equipment intended for use by an individual engaged in any athletic sporting activity for which the seller or importer makes any false or misleading claim regarding the safety benefits of such item. Provides for enforcement of such prohibition by the Federal Trade Commission and by state attorneys general.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Infrastructure Banks for Schools Act of 1999''. SEC. 2. FINDINGS. The Congress finds the following: (1) According to a 1996 study conducted by the American School & University, $10.42 billion was spent to address the Nation's education infrastructure needs in 1995, with the average total cost of a new high school at $15.4 million. (2) According to a 1995 report to Congress by the General Accounting Office, an estimated $112 billion in school repair, modernization, expansion, and construction is needed. (3) Approximately 14 million American students attend schools which report the need for extensive repair or replacement of one or more buildings. (4) Academic research has proven a direct correlation between the condition of school facilities and student achievement. At Georgetown University, researchers found that students assigned to schools in poor conditions can be expected to fall 10.9 percentage points behind those in buildings in excellent condition. Similar studies have demonstrated up to a 20 percent improvement in test scores when students were moved from a poor facility to a new facility. (5) The Director of Education and Employment Issues at the Government Accounting Office testified that nearly 52 percent of schools, affecting 21.3 million students, reported insufficient technology elements for 6 or more areas. (6) Large numbers of local educational agencies have difficulties securing financing for school facility improvement. (7) The challenges facing our Nation's public elementary and secondary schools and libraries require the concerted efforts of all levels of government and all sectors of the community. (8) The United States's competitive position within the world economy is vulnerable if America's future workforce continues to be educated in schools and libraries not equipped for the 21st century. (9) The deplorable state of collections in America's public school libraries has increased the demands on public libraries. In many instances, public libraries substitute for school libraries creating a higher demand for material and physical space to house literature and educational computer equipment. (10) Research shows that 50 percent of a child's intellectual development takes place before age 4. Our nation's public and school libraries play a critical role in a child's early development because they provide a wealth of books and other resources that can give every child a head start on life and learning. SEC. 3. STATE INFRASTRUCTURE BANK PILOT PROGRAM. (a) Establishment.-- (1) Cooperative agreements.--Subject to the provisions of this section, the Secretary of the Treasury, in consultation with the Secretary of Education, may enter into cooperative agreements with States for the establishment of State infrastructure banks and multistate infrastructure banks for making loans to local educational agencies for building or repairing elementary or secondary schools which provide free public education (as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)) and to public libraries for building or repairing library facilities. (2) Interstate compacts.--Congress grants consent to 2 or more of the States, entering into a cooperative agreement under paragraph (1) with the Secretary of the Treasury for the establishment of a multistate infrastructure bank, to enter into an interstate compact establishing such bank in accordance with this section. (b) Funding.--The Secretary of the Treasury, in consultation with the Secretary of Education, shall make grants to State infrastructure banks and multistate infrastructure banks in a State in a cooperative agreement under subsection (a)(1) to provide initial capital for loans provided under this section to local educational agencies and public libraries. Each bank shall apply repayments of principal and interest on loans to the making of additional loans. The Secretary shall take final action on an application for a grant under this subsection within 90 days of the date of the submittal of such application. (c) Infrastructure Bank Requirements.--In order to establish an infrastructure bank under this section, each State establishing the bank shall-- (1) contribute, at a minimum, in each account of the bank from non-Federal sources an amount equal to 25 percent of the amount of each capitalization grant made to the State and contributed to the bank under subsection (b); (2) identify an operating entity of the State as recipient of the grant if the entity has the capacity to manage loan funds and issue debt instruments of the State for purposes of leveraging the funds; (3) allow such funds to be used as reserve for debt issued by the State so long as proceeds are deposited in the fund for loan purposes; (4) ensure that investment income generated by funds contributed to an account of the bank will be-- (A) credited to the account; (B) available for use in providing loans to projects eligible for assistance from the account; and (C) invested in United States Treasury securities, bank deposits, or such other financing instruments as the Secretary may approve to earn interest to enhance the leveraging of projects assisted by the bank; (5) ensure that any loan from the bank will bear interest at or below the lowest interest rates being offered for bonds the income from which is exempt from Federal taxation, as determined by the State, to make the project that is the subject of the loan feasible; (6) ensure that repayment of any loan from the bank will commence not later than 1 year after the project has been completed. (7) ensure that the term for repaying any loan will not exceed 30 years after the date of the first payment on the loan under paragraph (5); and (8) require the bank to make an annual report to the Secretary on its status and make such other reports as the Secretary may require by guidelines. (d) Forms of Assistance From Infrastructure Banks.-- (1) In general.--An infrastructure bank established under this section may make loans to a local educational agency or a public library in an amount equal to all or part of the cost of carrying out a project eligible for assistance under this section. (2) Applications for loans.--An application to an infrastructure bank by a local educational agency or a public library for a loan shall include-- (A) in the case of a renovation project, a description of each architectural, civil, structural, mechanical, or electrical deficiency to be corrected with funds under a loan and the priorities to be applied; (B) a description of the criteria used by the applicant to determine the type of corrective action necessary for the renovation of a facility; (C) a description of improvements to be made and a cost estimate for the improvements; (D) a description of how work undertaken with the loan will promote energy conservation; and (E) such other information as the infrastructure bank may require. An infrastructure bank shall take final action on a completed application submitted to it within 90 days after the date of its submittal. (3) Criteria for loans.--In considering applications for a loan an infrastructure bank shall consider-- (A) the extent to which the local educational agency or public library involved lacks the fiscal capacity, including the ability to raise funds through the full use of such agency's bonding capacity and otherwise, to undertake the project for which the loan would be used without the loan; (B) in the case of a local educational agency, the threat that the condition of the physical plant in the project poses to the safety and well-being of students; (C) the demonstrated need for the construction, reconstruction, or renovation based on the condition of the facility in the project; and (D) the age of such facility. (e) Qualifying Projects.-- (1) In general.--A project is eligible for a loan from an infrastructure bank if it is a project that consists of-- (A) the construction of new elementary or secondary schools to meet the needs imposed by enrollment growth; (B) the repair or upgrading of classrooms or structures related to academic learning, including the repair of leaking roofs, crumbling walls, inadequate plumbing, poor ventilation equipment, and inadequate heating or light equipment; (C) an activity to increase physical safety at the educational facility involved; (D) an activity to enhance the educational facility involved to provide access for students, teachers, and other individuals with disabilities; (E) an activity to address environmental hazards at the educational facility involved, such as poor ventilation, indoor air quality, or lighting; (F) the provision of basic infrastructure that facilitates educational technology, such as communications outlets, electrical systems, power outlets, or a communication closet; (G) work that will bring an educational facility into conformity with the requirements of-- (i) environmental protection or health and safety programs mandated by Federal, State, or local law if such requirements were not in effect when the facility was initially constructed; and (ii) hazardous waste disposal, treatment, and storage requirements mandated by the Resource Conservation and Recovery Act of 1976 or similar State laws; (H) work that will enable efficient use of available energy resources, especially coal, solar power, and other renewable energy resources; (I) work to detect, remove, or otherwise contain asbestos hazards in educational facilities; or (J) work to construct new public library facilities or repair or upgrade existing public library facilities. (2) Davis-bacon.--The wage requirements of the Act of March 3, 1931 (referred to as the ``Davis-Bacon Act'', 40 U.S.C. 276a et seq.) shall apply with respect to individuals employed on the projects described in paragraph (1). (f) Supplementation.--Any loan made by an infrastructure bank shall be used to supplement and not supplant other Federal, State, and local funds available. (g) Limitation on Repayments.--Notwithstanding any other provision of law, the repayment of a loan from an infrastructure bank under this section may not be credited towards the non-Federal share of the cost of any project. (h) Secretarial Requirements.--In administering this section, the Secretary of the Treasury shall specify procedures and guidelines for establishing, operating, and providing assistance from an infrastructure bank. (i) United States Not Obligated.--The contribution of Federal funds into an infrastructure bank established under this section shall not be construed as a commitment, guarantee, or obligation on the part of the United States to any third party, nor shall any third party have any right against the United States for payment solely by virtue of the contribution. Any security or debt financing instrument issued by the infrastructure bank shall expressly state that the security or instrument does not constitute a commitment, guarantee, or obligation of the United States. (j) Management of Federal Funds.--Sections 3335 and 6503 of title 31, United States Code, shall not apply to funds contributed under this section. (k) Program Administration.--For each of fiscal years 2000 through 2004, a State may expend not to exceed 2 percent of the Federal funds contributed to an infrastructure bank established by the State under this section to pay the reasonable costs of administering the bank. (l) Secretarial Review.--The Secretary of the Treasury shall review the financial condition of each infrastructure bank established under this section and transmit to Congress a report on the results of such review not later than 90 days after the completion of the review. (m) Authorization of Appropriations.--For grants to States for the initial capitalization of infrastructure banks there are authorized to be appropriated $250,000,000 for fiscal year 2000 and for each of the next 4 fiscal years.

State Infrastructure Banks for Schools Act of 1999 - Authorizes the Secretary of the Treasury, in consultation with the Secretary of Education, to enter into cooperative agreements with States for the establishment of State infrastructure banks and multistate infrastructure banks for making loans to: (1) local educational agencies to build or repair public elementary or secondary schools; or (2) public libraries to build or repair library facilities. Grants the consent of the Congress for States to enter into interstate compacts to establish such multistate infrastructure banks. Prescribes funding guidelines under which the Secretary of the Treasury is directed to make grants to State infrastructure banks and multistate infrastructure banks to provide initial capital for such loans. Authorizes appropriations for grants to States for the initial capitalization of infrastructure banks.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Interstate Drug Monitoring Efficiency and Data Sharing Act of 2012'' or the ``ID MEDS Act''. SEC. 2. NATIONAL INTEROPERABILITY STANDARDS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Attorney General shall establish national interoperability standards to facilitate the exchange of prescription information across State lines by States receiving grant funds under-- (1) the Harold Rogers Prescription Drug Monitoring Program established under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 748); and (2) the Controlled Substance Monitoring Program established under section 399O of the Public Health Service Act (42 U.S.C. 280g-3). (b) Requirements.--The Attorney General, in consultation with the Secretary of Health and Human Services, shall ensure that the national interoperability standards established under subsection (a)-- (1) implement open standards that are freely available, without cost and without restriction, in order to promote broad implementation; (2) provide for the use of exchange intermediaries, or hubs, as necessary to facilitate interstate interoperability by accommodating State-to-hub and direct State-to-State communication; (3) support transmissions that are fully secured as required, using industry standard methods of encryption, to ensure that Protected Health Information and Personally Identifiable Information (PHI and PII) are not compromised at any point during such transmission; and (4) employ access control methodologies to share protected information solely in accordance with State laws and regulations. SEC. 3. STATE RECIPIENT REQUIREMENTS. (a) Harold Rogers Prescription Drug Monitoring Program.-- (1) In general.--Not later than 1 year after the date on which the Attorney General establishes national interoperability standards under section 2(a), a recipient of a grant under the Harold Rogers Prescription Drug Monitoring Program established under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 748) shall ensure that the databases of the State comply with such national interoperability standards. (2) Use of enhancement grant funds.--A recipient of an enhancement grant under the Harold Rogers Prescription Drug Monitoring Program established under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 748) may use enhancement grant funds to standardize the technology architecture used by the recipient to comply with the national interoperability standards established under section (2)(a). (b) Controlled Substance Monitoring Program.--Section 399O(e) of the Public Health Service Act (42 U.S.C. 280g-3(e)) is amended by adding at the end the following: ``(5) Not later than 1 year after the date on which the Attorney General establishes national interoperability standards under section 2(a) of the ID MEDS Act, the State shall ensure that the database complies with such national interoperability standards.''. SEC. 4. REPORT. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of Health and Human Services, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on enhancing the interoperability of State prescription monitoring programs with other technologies and databases used for detecting and reducing fraud, diversion, and abuse of prescription drugs. (b) Contents.--The report required under subsection (a) shall include-- (1) a discussion of the feasibility of making State prescription monitoring programs interoperable with other relevant technologies and databases, including-- (A) electronic prescribing systems; (B) databases operated by the Drug Enforcement Agency; (C) electronic health records; and (D) pre-payment fraud-detecting analytics technologies; (2) an assessment of legal, technical, fiscal, privacy, or security challenges that have an impact on interoperability; (3) a discussion of how State prescription monitoring programs could increase the production and distribution of unsolicited reports to prescribers and dispensers of prescription drugs, law enforcement officials, and health professional licensing agencies, including the enhancement of such reporting through interoperability with other States and relevant technology and databases; and (4) any recommendations for addressing challenges that impact interoperability of State prescription monitoring programs in order to reduce fraud, diversion, and abuse of prescription drugs.

Interstate Drug Monitoring Efficiency and Data Sharing Act of 2012 or the ID MEDS Act - Directs the Attorney General to establish national interoperability standards to facilitate the exchange of prescription information by states receiving grant funds under the Harold Rogers Prescription Drug Monitoring Program (Rogers Program) and the Controlled Substance Monitoring Program (CS Program). Directs the Attorney General to ensure that such standards: (1) implement open standards that are freely available to promote broad implementation; (2) provide for the use of exchange intermediaries to facilitate interstate interoperability; (3) support transmissions that are fully secured, using industry standard methods of encryption, to ensure that protected health information and personally identifiable information are not compromised during transmission; and (4) employ access control methodologies to share protected information solely in accordance with state laws and regulations. Requires a grant recipient under the Rogers Program to ensure that the state databases comply with the national interoperability standards. Allows a recipient of an enhancement grant under such Program to use grant funds to standardize the technology architecture used by the recipient to comply with such standards. Amends the Public Health Service Act to require states to ensure that databases established under the CS Program comply with such standards. Directs the Attorney General to report on enhancing the interoperability of state prescription monitoring programs with other technologies and databases used for detecting and reducing fraud, diversion, and abuse of prescription drugs.

SECTION 1. CREDIT FOR CONTRIBUTIONS TO CERTAIN ORGANIZATIONS OPERATING FAMILY DEVELOPMENT PROGRAMS. (a) General Rule.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 22 the following new section: ``SEC. 23. CONTRIBUTIONS FOR FAMILY DEVELOPMENT PROGRAMS. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 100 percent of the qualified family development contributions made by the taxpayer during such taxable year. ``(b) Qualified Family Development Contribution.--For purposes of this section, the term `qualified family development contribution' means any contribution to a qualified organization if-- ``(1) such contribution is in cash, ``(2) such contribution is to be used by the qualified organization exclusively in its family development program activities, and ``(3) the taxpayer receives from the qualified organization a written statement representing that its use of such contribution will be in accordance with the provisions of paragraph (2). ``(c) Other Definitions.--For purposes of this section: ``(1) Qualified organization.--The term `qualified organization' means any organization described in paragraph (2) of section 170(c) if-- ``(A) such organization is operated primarily for purposes of engaging in family development program activities, and ``(B) during the calendar year in which the taxpayer's taxable year begins, such organization did not receive any funds from the Federal Government or under any State or local program funded in whole or in part by the Federal Government. ``(2) Family development program activities.--The term `family development program activities' means community-based activities to foster positive growth of at-risk youth age 18 and under. Such term includes child care services, health care services, tutorial programs, pre-school and after-school services, mentoring programs, job-training services, juvenile and adolescent recreational programs, family counseling and crisis intervention services, and substance abuse services. ``(d) Denial of Double Benefit.--No deduction shall be allowed under section 170 for any qualified family development contribution taken into account under this section.'' (b) Reporting Requirements.-- (1) In general.--Subpart B of part III of subchapter A of chapter 61 of such Code is amended by adding at the end the following new section: ``SEC. 6050Q. RETURNS RELATING TO QUALIFIED FAMILY DEVELOPMENT CONTRIBUTIONS. ``(a) In General.--Every organization which during any calendar year receives qualified family development contributions shall make a return according to the forms or regulations prescribed by the Secretary setting forth-- ``(1) the name, address, and TIN of each person making such contributions, and ``(2) the amount of such contributions made by each such person. ``(b) Statements Furnished to Contributions.--Every organization required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing-- ``(1) the name and address of the organization making the return, and ``(2) the aggregate amount of the qualified family development contributions made by such person. The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was made. ``(c) Qualified Family Development Contribution.--For purposes of this section, the term `qualified family development contribution' has the meaning given such term by section 23(b).'' (2) Penalties.-- (A) Subparagraph (B) of section 6724(d)(1) of such Code is amended by inserting after clause (viii) the following new clause (and by redesignating the following clauses accordingly): ``(ix) section 6050Q (relating to returns relating to qualified family development contributions),'' (B) Paragraph (2) of section 6724(d) of such Code is amended by inserting after subparagraph (P) the following new subparagraph (and by redesignating the following subparagraphs accordingly): ``(Q) section 6050Q(b) (relating to returns relating to qualified family development contributions),'' (c) Clerical Amendments.-- (1) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 22 the following new section: ``Sec. 23. Contributions for family development programs.'' (2) The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Sec. 6050Q. Returns relating to qualified family development contributions.'' (d) Effective Date.--The amendments made by this section shall apply to contributions made after the date of the enactment of this Act.

Amends the Internal Revenue Code to allow a tax credit for contributions made to certain organizations that operate family development program activities to foster positive growth of at-risk youth. Requires such organizations to file information returns relating to such contributions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``She Is Ready Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On January 24, 2013, Secretary of Defense Leon Panetta and Chairman of the Joint Chiefs of Staff Martin Dempsey rescinded the 1994 Direct Ground Combat Definition and Assignment Rule and directed the Armed Forces to open closed occupations, positions, and units to female members of the Armed Forces no later than January 1, 2016. (2) The rescission of the 1994 policy was based on the knowledge that success in the Armed Forces results solely from a member's ability, qualifications, and performance, and the decision to rescind the policy is consistent with America's values and enhances military readiness. (3) The change in policy is reflective of the ``on the ground'' reality that female members of the Armed Forces, particularly in Iraq and Afghanistan, have been serving in combat. (4) A directive from the Chairman of the Joint Chiefs of Staff requires the development, review, and validation of gender-neutral occupational standards ``reflecting the knowledge, skills and abilities necessary for each occupation'' to be used to assess and assign members not later than September 2015. (5) There are concerns in regards to the lack of transparency and the type of research the Armed Forces are planning and pursuing in opening closed occupations, positions, and units to female members of the Armed Forces. (6) The largest number of closed occupations, positions, and units are in the Army and Marine Corps. The Department of Defense announced its intention, pursuant to the January 2013 Directives, to open for assignment of female members of the Armed Forces thousands of previously closed positions and units, but thousands of positions and units remain closed female members of the Armed Forces. SEC. 3. REMOVAL OF ARTIFICIAL BARRIERS TO THE SERVICE OF WOMEN IN THE ARMED FORCES. (a) Prompt Assignment.-- (1) Cadre or critical mass not required.--The Secretaries of the military departments shall not unduly delay the assignment of female members of the Armed Forces to military occupational specialties, positions, and units because of the absence of a cadre or critical mass of female members available for such assignment. (2) Open occupation precedence.--As soon as possible after the date of the enactment of this Act, the Secretary of Defense shall direct the Secretaries of the military departments to open for assignment of women to all positions in occupations that, on or after the date of the enactment of this Act, are open to female members of the Armed Forces in any unit of the Armed Forces. (b) Validation and Oversight of Gender-Neutral Occupational Standards.-- (1) Validation; purpose.--As soon as possible after the date of the enactment of this Act, the Secretary of Defense shall direct the Secretary of each military department to validate the gender-neutral occupational standards used by the Armed Forces under the jurisdiction of that Secretary for the purpose of ensuring that the standards-- (A) are consistent with section 543 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 113 note), as amended by section 523 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 756), which requires gender-neutral occupational standards, requiring performance outcome-based standards for the successful accomplishment of the necessary and required specific tasks associated with the qualifications and duties performed; (B) accurately predict performance of actual, regular, and recurring duties of a military occupation; and (C) are applied equitably to measure individual capabilities. (2) Role of independent research entity.--The Secretaries of the military departments shall work with an independent research entity to comply with paragraph (1). SEC. 4. IMPROVED LEADERSHIP AND RESPONSIVENESS IN IMPLEMENTATION OF THE WOMEN IN SERVICE IMPLEMENTATION PLAN. (a) Transparency and Goals.--The Secretary of Defense shall direct the Secretaries of the military departments to provide greater transparency of its women in service implementation plan, ensure that a statement of administration policy is created to reflect the mission of the implementation plan and its intent on responsibly opening all jobs, positions and units to female members of the Armed Forces. (b) Response and Notice of Openings.--The Office of the Secretary of Defense shall promptly respond whenever the Secretary of a military department submits a notice of newly opened jobs, positions, of units to female members of the Armed Forces and avoid any delays in transmitting such notices to Congress. (c) Final Deadline.--The Secretary of Defense shall ensure all closed positions and units are open to female members of the Armed Forces no later than January 1, 2016, consistent with the Joint Memorandum issued on January 24, 2013, regarding the elimination of the 1994 Direct Ground Combat Definition and Assignment Rule. SEC. 5. EFFECTIVE EVALUATION OF PHYSICAL STANDARDS AND OVERSIGHT OF ARMED FORCES IMPLEMENTATION PLANS. (a) Navy and Marine Corps.-- (1) Validation of physical standards.--As soon as possible after the date of the enactment of this Act, the Secretary of the Navy shall provide Congress with information on what process and metrics were used to validate the physical standards applicable to members of the Navy and the Marine Corps. (2) Infantry training courses.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Navy shall provide Congress with information in regards to the Marine Corps research involving female members of the Marine Corps who volunteer for the Infantry Officers Course (IOC), the enlisted infantry training course (ITB), and the Ground Combat Element Experimental Task Force (GCEXTF) for the purpose of-- (A) determining what metrics the Marine Corps used to develop the research requirements and elements for the Marine Corps Expanded Entry-Level Training Research; (B) indicating what is being evaluated during these research studies, along with how long both research studies will last; (C) identifying how data gathered during the research studies will be used to open infantry and other closed occupations; and (D) assuring that infantry and other closed occupations will not remain closed based on physical tests that have not been validated or any other improper evaluation mechanisms. (3) Enlisted infantry course graduates.--Effective upon the enactment of this Act, any female member of the Marine Corps who graduates from the enlisted infantry course shall be eligible for assignment to an infantry occupational specialty. (b) Army.--Effective upon the enactment of this Act, the Secretary of the Army shall permit female members of the Army to apply to Army Ranger School as Ranger School is not solely intended for members of the Army who plan to join the Ranger Regiment, but is also intended to provide leadership training opportunities that members can utilize in all jobs, positions, and units. (c) Special Operations Command.--The Secretary of Defense shall direct the Special Operations Command to submit to Congress, not later than 90 days after the date of the enactment of this Act, the type of approach and methodology it will be using for the integration of women into the Special Operations Forces. SEC. 6. FEMALE PERSONAL PROTECTION GEAR. The Secretary of Defense shall direct each Secretary of a military department to take immediate steps to ensure that properly designed and fitted combat equipment is available and distributed to female members of the Armed Forces under the jurisdiction of that Secretary. SEC. 7. REVIEW OF OUTREACH AND RECRUITMENT EFFORTS FOCUSED ON OFFICERS. (a) Review Required.--The Comptroller General of the United States shall conduct a review of Services' Outreach and Recruitment Efforts gauged toward women representation in the officer corps. (b) Elements of Review.--In conducting the review under subsection (a), the Secretary of Defense shall-- (1) identify and evaluate current initiatives the Armed Forces are using to increase accession of women into the officer corps; (2) identify new recruiting efforts to increase accessions of women into the officer corps specifically at the military service academies, Officer Candidate Schools, Officer Training Schools, the Academy of Military Science, and Reserve Officer Training Corps; and (3) identify efforts, resources, and funding required to increase military service academy accession by an additional 20 percent by the end of the four-year period beginning on the date of the enactment of this Act. (c) Submission of Results.--Not later than 90 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the review under subsection (a).

She Is Ready Act - Prohibits the Secretaries of the military departments (the Secretaries) from unduly delaying the assignment of female members of the Armed Forces to military occupational specialties, positions, and units because of the absence of a cadre or critical mass of female members available for such assignment. Requires the Secretary of Defense (DOD) to direct the Secretaries to open for assignment of women all positions in occupations that are open to female members in any unit of the Armed Forces. Requires the Secretary of Defense to direct: (1) the Secretaries to validate the gender-neutral occupational standards used by the Armed Forces for the purpose of ensuring that such standards: (1) are consistent with provisions requiring performance outcome-based standards for the successful accomplishment of the necessary and required specific tasks associated with the qualifications and duties performed; (2) accurately predict performance of actual, regular, and recurring duties of a military occupation; and (3) are applied equitably to measure individual capabilities. Requires the Secretary of Defense to: (1) direct the Secretaries to provide greater transparency of women in service implementation plans and ensure that a statement of administration policy is created to reflect the mission of the plan and its intent on responsibly opening all jobs, positions, and units to female members of the Armed Forces; (2) promptly respond whenever one of the Secretaries submits a notice of newly opened jobs, positions, or units to female members of the Armed Forces; and (3) ensure all closed positions and units are open to female members of the Armed Forces by January 1, 2016, consistent with the Joint Memorandum issued on January 24, 2013, regarding the elimination of the 1994 Direct Ground Combat Definition and Assignment Rule. Requires the Secretary of the Navy to provide Congress with information on: (1) what process and metrics were used to validate the physical standards applicable to members of the Navy and Marine Corps; and (2) Marine Corps research involving female members of the Marine Corps who volunteer for the Infantry Officers Course, the enlisted infantry training course, and the Ground Combat Element Experimental Task Force. Makes any female member of the Marine Corps who graduates from the enlisted infantry course eligible for assignment to an infantry occupational specialty. Requires: (1) the Secretary of the Army to permit female members of the Army to apply to Army Ranger School for leadership training opportunities, and (2) the Secretary of Defense to direct the Special Operations Command to submit to Congress the type of approach and methodology it will be using for the integration of women into the Special Operations Forces. Requires the Secretary of Defense to direct the Secretaries to take immediate steps to ensure that properly designed and fitted combat equipment is available and distributed to female members of the Armed Forces. Directs the Comptroller General to conduct a review of Services' Outreach and Recruitment Efforts gauged toward women representation in the officer corps.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Land Transfer Compensation Act''. SEC. 2. FINDINGS. Congress finds the following: (1) This Act is based on-- (A) the findings of a report prepared by the Government Accountability Office (referred to in this section as the ``GAO'') in May 2003, that found that the District of Columbia has a structural fiscal imbalance caused by Federal mandates; and (B) a bill, the District of Columbia Fair Federal Compensation Act of 2005, as introduced in this Congress, that authorizes Federal compensation for this structural imbalance. (2) The GAO found that the District's structural imbalance is the difference between the costs to the District of providing an average level of services and the District's total revenue capacity. (3) In addition to the 2003 GAO study, two other studies (McKinsey, March 2002, and Brookings, October 2002), also have determined that the District of Columbia has a substantial structural fiscal imbalance. (4) The District's structural fiscal imbalance, is exclusively Federal in origin and beyond the ability of the District government to correct through improved management or other means. (5) The cost to the District of providing an average level of services significantly exceeds-- (A) the national average, as well as the average of all 50 States for providing such services; and (B) the District's capacity to raise the necessary revenue. (6) The gap between the cost for average services and tax revenue raised in the District is an annual structural imbalance of between $470,000,000 and $1,100,000,000. (7) The causes of the District's fiscal imbalance, in part, are-- (A) the costs to the District of providing services to the Federal Government; (B) the tax exempt status of more than 40 percent of real property in the District, which is either owned or specifically exempted by the Federal Government; and (C) the District's responsibility for the cost of several State functions such as special education, although the District is a city without the broad tax base of a State. (8) The District, to cover the cost of the structural fiscal imbalance, assumes unique burdens that inhibit economic and population stability and growth, including-- (A) a tax burden that ranks among the highest in the country; (B) the highest debt service in the country among all of the State and local jurisdictions; and (C) the inability to make major capital improvements and investments in schools, roads, and other necessary facilities. (9) According to the GAO, the options available to address the structural imbalance are-- (A) to expand the District's tax base; (B) to provide additional Federal financial support to the District; and (C) to increase the role of the Federal Government in helping the District maintain fiscal balance. (10) The land transfers authorized in this Act would create a significantly new revenue stream that would be equivalent to a partial payment to the District for the annual structural imbalance provided for in the District of Columbia Fair Federal Compensation Act of 2005, as introduced in this Congress. SEC. 3. PURPOSE. The purpose of this Act is to provide an efficient mechanism for the conveyance of Federal property to the District of Columbia in order to decrease the structural imbalance by increasing the District's taxable property base and opportunities by the District to pursue economic development. SEC. 4. CONVEYANCE OF RESERVATION 13 TO DISTRICT OF COLUMBIA. (a) In General.--Subject to the requirements of this Act, the Administrator of General Services shall convey to the District of Columbia, without consideration, all right, title, and interest of the United States in and to United States Reservation 13, the property consisting of 65.73 acres of land in the District of Columbia bounded by Independence Avenue Southeast on the north; 19th Street Southeast on the west; G Street Southeast on the south; and United States Reservation 343 on the east. (b) Appraisal.--The Administrator, in consultation with the District of Columbia, shall-- (1) not later than 30 days after the date of enactment of this Act, conduct an appraisal of the property described in subsection (a) based on fair market value; and (2) not later than 180 days after the appraisal is completed, transmit to Congress a report containing-- (A) the results of the appraisal, including an estimate of all financial benefits to be generated on an annual basis to the District of Columbia; and (B) an assessment of the impact the conveyance will have in reducing the structural financial imbalance of the District. SEC. 5. CONVEYANCE OF POPLAR POINT TO DISTRICT OF COLUMBIA. (a) In General.--Subject to the requirements of this Act, the Secretary of the Interior shall convey to the District of Columbia, without consideration, all right, title, and interest of the United States in and to Poplar Point, Anacostia Park, the property in the District of Columbia bounded by the Anacostia River on the west; the Weeks Memorial Bridge on the north; the Anacostia Freeway on the east; and Howard Road and the Frederick Douglas Bridge on the south. (b) Appraisal.--The Secretary, in consultation with the District of Columbia, shall-- (1) not later than 30 days after the date of enactment of this Act, conduct an appraisal of the property described in subsection (a), including any improvements thereto, based on fair market value; and (2) not later than 180 days after the appraisal is completed, transmit to Congress a report containing-- (A) the results of the appraisal, including an estimate of all benefits to be generated on an annual basis to the District of Columbia; and (B) an assessment of the impact the conveyance will have in reducing the structural financial imbalance of the District. SEC. 6. LIMITATIONS ON CONVEYANCES. (a) In General.--A conveyance under section 4 or 5 shall contain the covenants required by section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620). (b) Limitation on Liability.--The United States shall not be liable or responsible pursuant to subsection (a) for any additional remedial action-- (1) with respect to hazardous substances not existing on the property as of the date of conveyance, unless the presence of such hazardous substances on the property was caused by the United States; or (2) caused, required, or arising out of actions of the District of Columbia or any of the District's agents, contractors, or assigns.

Fair Land Transfer Compensation Act - Requires the Administrator of General Services and the Secretary of the Interior to convey to the District of Columbia, without consideration, all right, title, and interest of the United States in and to U.S. Reservation 13 and Poplar Point, Anacostia Park, respectively. Requires the Administrator and the Secretary each to: (1) conduct an appraisal of the property (including improvements if appropriate), based on fair market value; and (2) report to Congress on the results, including an estimate of all financial benefits to be generated on an annual basis to the District, and an assessment of the impact the conveyance will have in reducing the structural financial imbalance of the District. Exempts the United States from any liability or responsibility pursuant to such transfer for any additional remedial action: (1) with respect to hazardous substances not existing on the property as of the date of conveyance, unless the presence of such hazardous substances on the property was caused by the United States; or (2) caused, required, or arising out of actions of the District of Columbia or any of the District's agents, contractors, or assigns.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Pension Reform Act of 1995''. SEC. 2. AMENDMENT OF TITLE 5, UNITED STATES CODE. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 5, United States Code. SEC. 3. CIVIL SERVICE RETIREMENT SYSTEM. (a) Deductions and Deposits.-- (1) Deductions.--The first sentence of section 8334(a)(1) is amended to read as follows: ``The employing agency shall deduct and withhold 7 percent of the basic pay of an employee and a Member, 7\1/2\ percent of the basic pay of a law enforcement officer and a firefighter, and 8 percent of the basic pay of a Claims Court judge, a United States magistrate, a judge of the United States Court of Appeals for the Armed Forces, and a bankruptcy judge.''. (2) Deposits.-- (A) For member service.--Section 8334(c) is amended in the matter relating to a Member for Member service by striking ``8......... After December 31, 1969.'' and inserting the following: ``8......... January 1, 1970, to (but not including) the effective date of the Congressional Pension Reform Act of 1995. ``7......... On and after the effective date of the Congressional Pension Reform Act of 1995.''. (B) For congressional employee service.--Section 8334(c) is amended in the matter relating to a Member or employee for Congressional employee service by striking ``7\1/2\.... After December 31, 1969.'' and inserting the following: ``7\1/2\.... January 1, 1970, to (but not including) the effective date of the Congressional Pension Reform Act of 1995. ``7......... On and after the effective date of the Congressional Pension Reform Act of 1995.''. (b) Immediate Retirement.-- (1) At age 55 with 30 years of service, age 60 with 20 years of service, or age 62 with 5 years of service.-- Subsections (a), (b), and (f) of section 8336 are amended by inserting ``or Member'' after ``employee''. (2) At age 50 with 20 years of service or any age with 25 years of service.--Section 8336(g) is amended to read as follows: ``(g) A Member who is separated from the service, except by resignation or expulsion-- ``(1) after completing 25 years of service, or ``(2) after becoming 50 years of age and completing 20 years of service, is entitled to an annuity.''. (3) Applicability.--The amendments made by this subsection shall apply with respect to any annuity eligibility for which is based on a separation occurring on or after the effective date of this Act. (4) Savings provision.-- (A) In general.--Eligibility for an immediate annuity under section 8336 of title 5, United States Code, shall, in the case of an individual described in subparagraph (B), be determined in accordance with the provisions of such section, as they would read if paragraphs (1) and (2) of this subsection had not been enacted. (B) Description.--This paragraph applies with respect to any individual who-- (i) performs service as a Member of Congress on or after the effective date of this Act; and (ii) as of the day before the effective date of this Act, satisfies the age and service requirements for title to an immediate annuity under section 8336(g) of such title, as then in effect. (C) Length of service.--Any determination under subparagraph (B) relating to length of service shall be made without regard to-- (i) any deposit or redeposit requirement; (ii) any requirement that the individual become subject to this subchapter after performing the service involved (including for a specified minimum period of time); or (iii) any requirement that the individual give notice in writing to the official by whom such individual is paid of such individual's desire to become subject to this subchapter. (c) Deferred Retirement.-- (1) At age 62 with 5 years of service.--Section 8338(a) is amended by inserting ``or Member'' after ``employee''. (2) Repealer.--Section 8338(b) is repealed. (3) Applicability.--The amendments made by this subsection shall apply with respect to any annuity eligibility for which is based on a separation occurring on or after the effective date of this Act. (4) Savings provision.-- (A) In general.--Eligibility for a deferred annuity under section 8338 of title 5, United States Code, shall, in the case of an individual described in subparagraph (B), be determined in accordance with the provisions of such section, as they would read if paragraphs (1) and (2) of this subsection had not been enacted. (B) Description.--This paragraph applies with respect to any individual who-- (i) performs service as a Member of Congress on or after the effective date of this Act; and (ii) as of the day before the effective date of this Act, satisfies the age and service requirements for title to a deferred annuity under section 8338(b) of such title, as then in effect. (C) Length of service.--Any determination under subparagraph (B) relating to length of service shall be made without regard to-- (i) any deposit or redeposit requirement; (ii) any requirement that the individual become subject to this subchapter after performing the service involved (including for a specified minimum period of time); or (iii) any requirement that the individual give notice in writing to the official by whom such individual is paid of such individual's desire to become subject to this subchapter. (d) Computation of Annuity.-- (1) Members.-- (A) In general.--Section 8339(c) is amended by striking all that follows ``with respect to--'' and inserting the following: ``(1) so much of his service as a Member as is or was performed before the effective date of the Congressional Pension Reform Act of 1995; ``(2) so much of his military service as-- ``(A) is creditable for the purpose of this paragraph; and ``(B) is or was performed before the date referred to in paragraph (1); and ``(3) so much of his Congressional employee service as is or was performed before the date referred to in paragraph (1); by multiplying 2\1/2\ percent of his average pay by the years of that service.''. (B) Technical amendment.--Section 8332(d) is amended by striking ``section 8339(c)(1)'' and inserting ``section 8339(c)''. (2) Congressional employees.--Section 8339(b) is amended-- (A) by inserting ``so much of'' after ``is computed with respect to''; and (B) by inserting ``as is or was performed before the effective date of the Congressional Pension Reform Act of 1995,'' before ``by multiplying''. (3) Reduction for retirement before a certain age.-- (A) In general.--Section 8339(h) is amended-- (i) by striking the second sentence; and (ii) in the first sentence by striking ``subsections (a), (b), (d)(5), and (f) of this section for an employee retiring under section 8336(d), (h), or (j) of this title'' and inserting ``subsections (a), (b), (c), (d)(5), and (f) of this section for an employee retiring under section 8336(d), (h), or (j) of this title, or for a Member retiring under section 8336(g) of this title,''. (B) Applicability.--The amendments made by subparagraph (A) shall apply with respect to the computation of any benefits eligibility for which is based on a separation occurring on or after the effective date of this Act. (e) Annuity for the Surviving Spouse of a Former Member With Title to a Deferred Annuity.-- (1) In general.--Section 8341(f) is repealed. (2) Savings provision.--Nothing in paragraph (1) shall affect any person's eligibility for a survivor annuity based on the death of an individual whose separation from service with title to a deferred annuity occurs or occurred before the effective date of this Act. (f) Annuities and Pay on Reemployment.-- (1) In general.--Section 8344 is amended-- (A) by repealing subsection (d); (B) in subsection (a)-- (i) by inserting ``or'' at the end of paragraph (2), by striking ``or'' at the end of paragraph (3), and by striking paragraph (4); and (ii) in subparagraph (A) by striking ``(if the employee so elects),'' and inserting ``(if the annuitant so elects),'' and by inserting ``(c),'' after ``(b),''; (C) in subsections (b), (c), and (f) by striking ``, other than a Member receiving an annuity from the Fund,''; and (D) in subsection (b) by adding at the end the following: ``The Office shall prescribe regulations for applying this subsection with respect to a Member.''. (2) Savings provisions.-- (A) In general.--Section 8344(d) of title 5, United States Code, as last in effect before the effective date of this Act, shall continue to apply after such effective date with respect to any former Member of Congress serving in an appointive or elective position as of such date. (B) Termination.--Subparagraph (A) shall not apply with respect to any position to which such former Member is appointed or elected after the effective date of this Act. (g) Eligibility for annuity.-- (1) In general.--Section 8333(c) is repealed. (2) Applicability.--The amendment made by paragraph (1) shall apply with respect to any determination of eligibility for an annuity based on a separation occurring on or after the effective date of this Act. SEC. 4. FEDERAL EMPLOYEES' RETIREMENT SYSTEM. (a) Election Not To Participate.-- (1) In general.--Section 8401(20) is amended by striking ``2106,'' and all that follows through the semicolon and inserting ``2106;''. (2) Savings provision.--The amendment made by paragraph (1) shall not affect any election made before the effective date of this Act. (b) Computation of Basic Annuity.-- (1) Members.--Section 8415(b) is amended by striking ``shall'' and inserting ``shall, to the extent that such service is or was performed before the effective date of the Congressional Pension Reform Act of 1995,''. (2) Congressional employees.--Section 8415(c) is amended by striking ``shall'' and inserting ``shall, to the extent that such service is or was performed before the effective date of the Congressional Pension Reform Act of 1995,''. (3) Provisions relating to the 1.1 percent accrual rate.-- Section 8339(g) is amended-- (A) in paragraph (1) by striking ``an employee under paragraph (2),'' and inserting ``an employee or Member under paragraph (2),''; (B) in paragraph (2) by inserting ``or Member'' after ``in the case of an employee'' and by striking ``Congressional employee,''; and (C) by adding at the end the following: ``(3) Notwithstanding any other provision of this subsection-- ``(A) this subsection shall not apply in the case of a Member or Congressional employee whose separation (on which entitlement to annuity is based) occurs before the effective date of the Congressional Pension Reform Act of 1995; and ``(B) in the case of a Member or Congressional employee to whom this subsection applies, the 1.1 percent accrual rate shall apply only with respect to any period of service other than a period with respect to which the 1.7 percent accrual rate applies under subsection (b) or (c).''. (c) Deductions From Pay.--Section 8422(a)(2) is amended-- (1) in subparagraph (A) by striking ``air traffic controller, or Congressional employee)'' and inserting ``or air traffic controller) or Member,''; and (2) in subparagraph (B) by striking ``a Member, law enforcement officer, firefighter, air traffic controller, or Congressional employee,'' and inserting ``a law enforcement officer, firefighter, or air traffic controller,''. (d) Government Contributions.--Section 8423(a)(1) is amended-- (1) in subparagraph (A)(i) by striking ``subparagraph (B)),'' and inserting ``subparagraph (B)) and Members,''; (2) in subparagraph (B)(i) by striking ``Members, Congressional employees,''; and (3) in subparagraph (B)(ii) by striking ``and Members''. SEC. 5. EFFECTIVE DATE. This Act shall take effect on the first day of the first Congress beginning after the date of the enactment of this Act.

Congressional Pension Reform Act of 1995 - Provides for the deduction and withholding of seven percent (currently, eight and seven and one-half percent, respectively) of the basic pay of a Member of Congress or congressional employee under the Civil Service Retirement System, thus making such deduction and withholding equivalent to that of a Federal employee. Makes provisions regarding immediate retirement, entitlement to annuities, and deferred retirement for Federal employees applicable to Members. Removes specified provisions regarding annuities, reduced annuities, and deferred retirement for Members. Removes a provision that entitles a Member to an annuity if he or she serves in nine Congresses. Continues the applicability of existing provisions regarding immediate Member annuities and deferred retirement with respect to Members serving on or after this Act's effective date who, as of the day before such effective date, satisfy the existing age and service requirements for entitlement to immediate annuities or deferred retirement. Revises the formula for computing annuities of Members and congressional employees with at least five years of service to restrict creditable service to service performed before this Act's enactment date. Makes similar amendments with respect to the computation of Federal Employees' Retirement System (FERS) annuities for Members and congressional employees. Makes the reduction in annuity for Federal employees retiring before age 55 applicable to Members as well. Repeals provisions that provide for a different reduction formula for Members. Repeals provisions concerning: (1) annuities for surviving spouses of Members entitled to deferred annuities; (2) the treatment of annuities during periods of reemployment; and (3) eligibility for annuities of Members or survivors. Makes deductions and withholding and the formula for Government contributions under FERS for Members and congressional employees conform to those of Federal employees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Four Rationers Repeal Act of 2014''. SEC. 2. REPEAL OF THE INDEPENDENT PAYMENT ADVISORY BOARD. Effective as of the enactment of the Patient Protection and Affordable Care Act (Public Law 111-148), sections 3403 and 10320 of such Act (including the amendments made by such sections) are repealed, and any provision of law amended by such sections is hereby restored as if such sections had not been enacted into law. SEC. 3. REPEAL OF THE CENTER FOR MEDICARE AND MEDICAID INNOVATION. (a) In General.--Section 1115A of the Social Security Act (42 U.S.C. 1315a) is repealed. (b) Conforming Amendments.-- (1) Title xviii of ssa.--Section 1899(b)(4) of the Social Security Act (42 U.S.C. 1395jjj(b)(4)) is amended by striking ``any of the following'' and all that follows through the period at the end of subparagraph (B) and inserting ``the independence at home medical practice pilot program under section 1866E.''. (2) Title xix of ssa.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (A) in paragraph (79), by adding ``and'' after the semicolon at the end; (B) in paragraph (80), by striking ``; and'' and inserting a period; and (C) by striking paragraph (81). (3) PHSA.--Section 933 of the Public Health Service Act (42 U.S.C. 299b-33) is amended-- (A) by striking subsection (f); and (B) by redesignating subsection (g) as subsection (f). (4) PPACA.--The Patient Protection and Affordable Care Act (Public Law 111-148) is amended-- (A) in section 2705 (42 U.S.C. 1315a note)-- (i) in subsection (a), by striking ``shall, in coordination'' and that follows through ``establish'' and inserting ``shall establish''; and (ii) in subsection (d)(2), by striking ``section 1115A(b)(3) of the Social Security Act (as so added)'' and inserting ``the Social Security Act''; and (B) in section 10328(b) (42 U.S.C. 1395w-104 note), by striking ``or to study'' and all that follows through ``3021''. (c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act. SEC. 4. REPEAL OF CERTAIN UNITED STATES PREVENTIVE SERVICES TASK FORCE AUTHORITY. (a) Authority To Determine Benefits.--Section 2713(a) of the Public Health Service Act (42 U.S.C. 300gg-13(a)) is amended-- (1) by striking paragraph (1); (2) in paragraph (3), by striking ``not described in paragraph (1)''; and (3) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively. (b) Repeal of Community Preventive Services Task Force.--Section 4003 of the Patient Protection and Affordable Care Act (Public Law 111- 148) is repealed and the provisions of the Public Health Service Act amended by such section are restored or revived as if such section 4003 had not been enacted. SEC. 5. PROHIBITION ON CERTAIN USES OF DATA OBTAINED FROM COMPARATIVE EFFECTIVENESS RESEARCH; ACCOUNTING FOR PERSONALIZED MEDICINE AND DIFFERENCES IN PATIENT TREATMENT RESPONSE. (a) In General.--Notwithstanding any other provision of law, the Secretary of Health and Human Services-- (1) shall not use data obtained from the conduct of comparative effectiveness research, including such research that is conducted or supported using funds appropriated under the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) or authorized or appropriated under the Patient Protection and Affordable Care Act (Public Law 111-148), to deny or delay coverage of an item or service under a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f))); and (2) shall ensure that comparative effectiveness research conducted or supported by the Federal Government accounts for factors contributing to differences in the treatment response and treatment preferences of patients, including patient- reported outcomes, genomics and personalized medicine, the unique needs of health disparity populations, and indirect patient benefits. (b) Rule of Construction.--Nothing in this section shall be construed as affecting the authority of the Commissioner of Food and Drugs under the Federal Food, Drug, and Cosmetic Act or the Public Health Service Act.

Four Rationers Repeal Act of 2014 - Repeals sections of the Patient Protection and Affordable Care (PPACA) (and restores provisions of law amended by such sections) related to the establishment of an Independent Payment Advisory Board to develop and submit detailed proposals to reduce the per capita rate of growth in Medicare spending to the President for Congress to consider. Amends title XI of the Social Security Act to repeal provisions establishing the Center for Medicare and Medicaid Innovation. Amends the Public Health Service Act, with respect to coverage of preventive health services by a group health plan or health insurance issuer, to repeal provisions that prohibit cost sharing requirements for evidence-based items or services that have in effect a rating of "A" or "B" in the current recommendations of the United States Preventive Services Task Force. (Such ratings are based upon determinations of net benefit by the Task Force.) Repeals PPACA requirements that: (1) the Director of the Agency for Healthcare Research and Quality convene an independent Preventive Services Task Force, and (2) the Director of the Centers for Disease Control and Prevention (CDC) convene an independent Community Preventive Services Task Force. Restores provisions of law amended by such provisions. Prohibits the Secretary of Health and Human Services (HHS) from using data obtained from comparative effectiveness research, including any conducted or supported using funds appropriated under the American Recovery and Reinvestment Act of 2009 (ARRA) or authorized or appropriated under the Patient Protection and Affordable Care Act, to deny or delay coverage of an item or service under a federal health care program. Requires the Secretary to ensure that comparative effectiveness research conducted or supported by the federal government accounts for factors contributing to differences in the treatment response and preferences of patients, including patient-reported outcomes, genomics and personalized medicine, the unique needs of health disparity populations, and indirect patient benefits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumers Payment System Protection Act''. SEC. 2. DELAY IN THE APPLICATION OF RULES ISSUED UNDER THE AUTHORITY OF SECTION 1075 OF THE DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT. Subject to section 3(b)(2), any proposed or final rule issued under the authority of any provision under section 1075 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203), or of amendments made by such section, shall take effect 1 year after the date of the enactment of this Act. SEC. 3. STUDY AND REPORT. (a) Study.-- (1) In general.--The Board of Governors of the Federal Reserve System, the Chairperson of the Federal Deposit Insurance Corporation, the Chairperson of the National Credit Union Administration, and the Comptroller of the Currency shall jointly conduct a study on the effect of section 1075 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203), and amendments made by such section, on consumers, card issuers, merchants, and financial institutions. Such study shall survey card issuers, merchants, and financial institutions representing a cross section of all market participants regardless of whether such participants are exempt from any rule issued under the authority of section 1075 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, or of any amendment made by such section. (2) Considerations.--The study described in paragraph (1) shall consider the following: (A) The identity and categories of all costs and investments associated with debit card transactions (prior to the implementation of section 1075 of the Dodd-Frank Wall Street Reform and Consumer Protection Act) to consumers, card issuers, merchants, and financial institutions, including the operation of the payment system to support such transactions. (B) The impact of the proposed rule issued by the Board of Governors of the Federal Reserve System entitled ``Debit Card Interchange Fees and Routing'' (75 Fed. Reg. 81772 (Dec. 28, 2010)), if finalized, including-- (i) the impact of reduced debit card interchange fees on consumers, including-- (I) the cost to and consequences for consumers if such proposed rule were to become final; (II) the impact on consumer protection, including anti-fraud and customer identification efforts, and privacy protection; and (III) the impact on consumers, particularly low- and moderate-income consumers (including banked and unbanked consumers), and small businesses with respect to the provision of payment accounts and services; (ii) the impact of reduced debit card interchange fees on debit card issuers, including-- (I) whether such fees would provide recoupment of costs and investments by debit card issuers; (II) whether such fees would result in increased risks to debit card issuers, including the potential impact on the safety and soundness of such issuers; and (III) the impact of the exemption provided for smaller banks and credit unions, including whether potential merchant behavior would lead to discrimination against debit cards issued by credit unions and community banks, and whether the exemption would have an adverse impact on the deposit base of credit unions and community banks as well as the payment system; (iii) the impact of the reduced debit card interchange fees on merchants, including such merchants ability to-- (I) pass savings on to the consumer; (II) make new capital investments; and (III) cover the costs associated with fraud prevention; (iv) the impact on consumers, debit card issuers, and merchants of the debit exclusivity and transaction routing provisions of section 920(b) of the Electronic Fund Transfer Act and any proposed or final rules issued under such provisions, including-- (I) the impact on the continued innovation and development of secure, efficient, and reliable electronic payment technologies; and (II) the impact of mandating a specific number of enabled networks on each debit card; and (v) the impact on other entities that utilize debit card transactions, including the debit card programs of Federal and State entities. (C) Subsections (a) and (c) of section 904 of the Electronic Fund Transfer Act (15 U.S.C. 1693b(a), (c)). (b) Report.-- (1) In general.--Not later than 8 months after the date of the enactment of this Act, the Board of Governors of the Federal Reserve System, the Chairperson of the Federal Deposit Insurance Corporation, the Chairperson of the National Credit Union Administration, and the Comptroller of the Currency shall jointly submit to Congress a report that includes-- (A) an analysis of the results of the study required under subsection (a); (B) a determination of whether revisions need to be made to any proposed or final rule described in section 2; and (C) a determination of whether revisions need to be made to any provision under section 1075 of the Dodd- Frank Wall Street Reform and Consumer Protection Act, or any amendment made by such section. (2) Revisions to rules.--The Board of Governors of the Federal Reserve System shall have 4 months after the submission of the report submitted pursuant to paragraph (1) to make revisions to any proposed or final rule described in section 2 if at least two of the Board of Governors of the Federal Reserve System, the Chairperson of the Federal Deposit Insurance Corporation, the Chairperson of the National Credit Union Administration, and the Comptroller of the Currency determine, in such report, that any one of the following are true: (A) Either of section 920 of the Electronic Fund Transfer Act or the proposed rule issued by the Board of Governors of the Federal Reserve System entitled ``Debit Card Interchange Fees and Routing'' does not encompass all costs and investments associated with debit card transactions. (B) Consumers will be adversely affected by either such section or such proposed rule. (C) The exemption of small financial institutions (defined as financial institutions with less than $10,000,000,000 in assets), as provided under section 920(a)(6) of the Electronic Fund Transfer Act, or as carried out by the proposed rule, is not effective in practice. (c) Definitions.--In this section, the terms ``consumer'', ``financial institution'', and ``State'' have the same meanings given such terms in section 903 of the Electronic Fund Transfer Act (15 U.S.C. 1693a).

Consumers Payment System Protection Act - Delays until one year after enactment of this Act any proposed or final rule issued under the authority of specified requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act governing interchange transaction (swipe) fees for electronic debit transactions (EDTs). Requires the Board of Governors of the Federal Reserve System and specified federal banking agencies jointly to study and report to Congress on the effect of such requirements upon consumers, card issuers, merchants, and financial institutions. Sets a deadline for the Board to make revisions to any proposed or final rule regarding such EDTs if at least two of the agencies contributing to such report determine that any one of the following is true: (1) either such requirements or the Board's proposed rule entitled "Debit Card Interchange Fees and Routing" does not encompass all costs and investments associated with debit card transactions; (2) consumers will be adversely affected by either the requirements or the proposed rule; or (3) the current exemption of small financial institutions (with less than $10 billion in assets) from such requirements, or as carried out by the proposed rule, is not effective in practice.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Even Start Quality Improvement Act''. SEC. 2. RESERVATION FOR SPECIAL TRAINING AND TECHNICAL ASSISTANCE. (a) In General.--Section 1232(b) of Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381a(b)) is amended by adding at the end the following: ``(3) Special Training and Technical Assistance.-- ``(A) In general.--For the first fiscal year after fiscal year 2002 for which the amount appropriated under section 1002(b)(3) exceeds the amount appropriated under such section for the preceding fiscal year by $8,000,000 or more, the Secretary shall reserve from such excess amount $5,000,000. The Secretary shall use such reserved amount to provide special training, technical assistance, and professional development to eligible entities implementing Even Start programs, and to the staff of such programs, in order to improve the quality of services for eligible participants, and to assist personnel in meeting the professional development requirements described in section 1235(5). ``(B) Grant or contract.--The Secretary shall carry out subparagraph (A) by entering into a grant or contract with not less than 2 eligible organizations with experience and expertise in the provision of training, technical assistance, and professional development to family literacy providers, particularly eligible organizations with experience in the provision of such services to Even Start programs. Such entities may include the National Even Start Association, the National Center for Family Literacy, and the William F. Goodling Institute for Research in Family Literacy. In awarding grants or contracts under this subparagraph, the Secretary shall give priority to eligible organizations that work cooperatively with other eligible organizations. ``(C) Activities.--Activities carried out with amounts reserved under this paragraph shall include-- ``(i) training and technical assistance; ``(ii) assistance to personnel in meeting the professional development requirements described in section 1235(5); and ``(iii) training and the development of materials to ensure that instructional programs are based on scientifically based reading research. ``(D) Identification of programs.--States shall identify, based on the indicators of program quality developed by the State under section 1240 and other information available to the State, a list of the Even Start programs in the State that are in need of training, technical assistance, and professional development. ``(E) Application for assistance.--Even Start programs identified under subparagraph (D) may submit an application for assistance under this paragraph to the Secretary. Based on need and the quality of the application, the Secretary shall select the programs to be assisted and refer each approved application to an eligible organization described in subparagraph (B) that has expertise and experience in providing the type of assistance required by such Even Start programs. ``(F) Consultation.--In providing services under this paragraph, eligible organizations shall consult with the National Institute of Child Health and Human Development and the National Institute for Literacy for guidance in identifying-- ``(i) literacy and reading instructional approaches and practices that are based on scientifically based reading research; and ``(ii) best practices for serving adult learners.''. (b) Eligible Organization Defined.--Section 1232(e)(2) of Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381a(e)(2)) is amended by inserting ``the National Even Start Association,'' after ``Center for Family Literacy,''. SEC. 3. STUDY OF EVEN START PARTICIPANTS. (a) In General.--The Secretary shall contract with a qualified entity (such as a private organization, governmental agency, or institution of higher education) with experience and expertise in family literacy services (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) to conduct a study of-- (1) children who participated in the program known as the ``William F. Goodling Even Start Family Literacy Program'' (authorized, on the date of the enactment of this Act, under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381-6381k)) and are in the 3rd or 4th grade during the study; (2) the parents of such children; and (3) other adults who participated with such children in such program. (b) Assessing Results of Children's Participation.-- (1) In general.--The study shall assess the impact of participation by such children in such program with respect to-- (A) whether or not such children are reading on grade level and otherwise performing on a level equal to or better than their peers; (B) school attendance; and (C) whether or not such children have been retained for more than 1 year in any grade and the reasons for such retention, if applicable. (2) Parental consent.--The consent of a child's parent (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) shall be obtained prior to commencing any effort to obtain data under paragraph (1) with respect to the child. (c) Assessing Results of Adults' Participation.-- (1) In general.--The study shall also assess the long-term impact of participation by parents (or other adults) in such program, through methods such as-- (A) personal interviews; and (B) testing of such individuals for retained or improved literacy skills (but only in cases in which there are baseline test results for an individual available for comparison that were obtained just prior to the individual's commencing or ceasing participation in such program). (2) Information included.--The study shall gather information regarding adult participants' current educational and employment endeavors and the perceived impact of participation in such program on the adult's ability to participate in their child's education.

Even Start Quality Improvement Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to reserve certain funds for grants and contracts to eligible organizations to provide special training, technical assistance, and professional development to eligible entities implementing Even Start programs and to the staff of such programs.Directs the Secretary to contract with a qualified entity with experience and expertise in family literacy services to conduct a study and assess the impact of the William F. Goodling Even Start Family Literacy Program on children who participated in it and who are in the third or fourth grade during the study, and on their parents and other adults who participated with them.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Imprisoned Americans Overseas Act of 2012'' or the ``Jacob's Law of 2012''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) The President is required under section 2001 of the Revised Statutes of the United States (22 U.S.C. 1732) to demand the release of any citizen who has been unjustly deprived of his liberty by or under the authority of any foreign government, and to undertake appropriate means to obtain the release of such citizen. (2) In a statement submitted to the Committee on the Judiciary of the Senate on July 27, 2011, Secretary of State Hillary Clinton stated that ``[t]he State Department has no greater responsibility than the protection of U.S. citizens overseas--particularly when Americans find themselves in the custody of a foreign government, facing an unfamiliar, and at times unfair, legal system.''. (3) Some United States citizens imprisoned in foreign countries have been and continue to be denied fundamental due process and human rights under both local and international law by foreign government officials. (4) Mr. Jacob Ostreicher, who has been detained in the notorious Palmasola prison in Santa Cruz de la Sierra, Bolivia, since June 4, 2011, is one of the United States citizens who currently is enduring multiple, egregious, and continuous violations of his fundamental due process and human rights under both local and international law. (b) Sense of Congress.--It is the sense of Congress that foreign government officials responsible for violations of fundamental due process and human rights of imprisoned United States citizens, as well as their immediate family members, should not have the privilege of traveling to the United States while United States citizens unjustly languish in their prisons. SEC. 3. DENIAL OF ENTRY INTO THE UNITED STATES OF CERTAIN FOREIGN GOVERNMENT OFFICIALS. (a) Denial of Entry.--Notwithstanding any other provision of law, the Secretary of State may not issue any visa to, and the Secretary of Homeland Security shall deny entry to the United States of, any foreign government official identified pursuant to subsection (c)(1)(C) or any immediate family members of such official. (b) Permanent Ban.--Notwithstanding any other provision of law, if any United States citizen identified pursuant to subparagraph (c)(1)(A) dies from any cause while in the custody of a foreign government, the government officials identified pursuant to subparagraph (c)(1)(C) in relation to such citizen and the immediate family members of such officials may not be issued any visa by the Secretary of State, and may not be admitted by the Secretary of Homeland Security, to the United States at any time on or after the date of the death of such citizen. (c) Designation of Inadmissible Foreign Officials.-- (1) Report to congress.--Not later than 30 days after the date of the enactment of this Act and every 180 days thereafter for five years, the Secretary of State shall submit to the appropriate congressional committees a report that contains the following: (A) An identification of United States citizens imprisoned in foreign countries whose fundamental due process and human rights pursuant to international standards are being violated. (B) An identification of the fundamental due process and human rights violations that are being committed against the citizens identified in subparagraph (A). (C) An identification of the government officials who, based on a reasonable possibility, are responsible for the violations of, or are failing to fulfill their official responsibility to protect, the rights identified in subparagraph (B) of any citizen identified in subparagraph (A). (2) Additional reporting requirement.--In the case of each semi-annual report required under paragraph (1), the Secretary of State shall include a list of the names and titles of those government officials identified in subparagraph (1)(C) and the names and relationships of the immediate family members of such officials who were denied a visa or entry to the United States pursuant to subsection (a) or (b) during the immediately preceding 180-day period. SEC. 4. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives, and the Committee on Foreign Relations and the Committee on the Judiciary of the Senate. (2) Immediate family members.--The term ``immediate family members'' means a spouse, daughter or son regardless of age, parent, brother, sister, and fiance or fiancee.

Justice for Imprisoned Americans Overseas Act of 2012 or Jacob's Law of 2012 - Directs the Secretary of State to submit a semiannnual report to Congress for five years that identifies: (1) U.S. citizens imprisoned in foreign countries whose fundamental due process and human rights are being violated, (2) the due process and human rights violations that are being committed against such U.S. citizens, and (3) the government officials who are responsible for such violations or who are not fulfilling their official responsibility to protect such rights. Prohibits the Secretary of State from issuing any visa to, and the Secretary of Homeland Security (DHS) from permitting entry to the United States of, any such identified official and his or her immediate family members. Makes such ban permanent if an identified U.S. citizen dies while in foreign custody.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Summer Food Service Program Improvement Act of 2003''. SEC. 2. DEFINITION OF AREAS IN WHICH POOR ECONOMIC CONDITIONS EXIST. (a) In General.--Section 13(a)(1)(C) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)(1)(C)) is amended by inserting ``(or, in the case of a rural area (as defined in section 343(a)(13)(A) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(13)(A))), 40 percent)'' after ``50 percent''. (b) Prospective Repeal.-- (1) In general.--Section 13(a)(1)(C) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)(1)(C)) (as amended by subsection (a)) is amended by striking ``(or,'' and all that follows through 40 percent)''. (2) Effective date.--The amendment made by paragraph (1) takes effect on October 1, 2005. SEC. 3. PAYMENTS. (a) Operating Expenses.--Section 13(b)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(b)(1)) is amended by striking subparagraph (A) and inserting the following: ``(A) In general.--A payment to a service institution shall be equal to the maximum amount for food service under subparagraphs (B) and (C).''. (b) Administrative Costs.--Section 13(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(b)) is amended by striking paragraph (3) and inserting the following: ``(3) Administrative costs.--Payment to a service institution for administrative costs shall be equal to the maximum allowable levels determined by the Secretary under the study required under paragraph (4).''. (c) Conforming Amendment.--Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by striking subsection (f). SEC. 4. STARTUP GRANTS FOR SUMMER FOOD SERVICE PROGRAMS. Section 13 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761) is amended by inserting after subsection (h) the following: ``(i) Startup Grants for Summer Food Service Programs.-- ``(1) Definition of eligible service institution.--In this subsection, the term `eligible service institution' means a service institution that agrees to operate the summer food service program established with the assistance provided under this subsection. ``(2) Grants.--The Secretary shall make grants, on a competitive basis, to 10 States, in a total amount of not more than $5,000,000 for each fiscal year from funds made available to the Secretary, to assist eligible service institutions in initiating summer food service program sites. ``(3) Uses.--A State shall use a grant made available under this subsection to assist eligible service institutions with expenses incurred in initiating summer food service programs during the first year of the sites. ``(4) Supplementary funds.--A grant under this subsection shall supplement any payment to which a State is entitled under this section. ``(5) Plan.--To be eligible to receive a grant under this subsection, a State shall submit to the Secretary a plan to initiate summer food service program sites conducted in the State, including a description of the manner in which the State shall provide technical assistance and funding to eligible service institutions in the State to initiate the sites. ``(6) State preferences.--In making a grant under this subsection for a fiscal year to initiate summer food service programs sites, the Secretary shall give preference to a State in which not more than 10 lunches under summer food service programs are served on an average day in June and July for each 100 free and reduced price lunches served on an average day from September through May of the previous school year, as determined by the Secretary. ``(7) Reallocation.--The Secretary shall act in a timely manner to recover and reallocate to other States any amount made available to a State under this subsection that is not used by the agency or State within a reasonable period (as determined by the Secretary). ``(8) Application.--The Secretary shall allow application by States on an annual basis for grants under this subsection. ``(9) Preferences by states.--In allocating funds within the State, each State shall give preference for assistance under this subsection to an eligible service institution that demonstrates the greatest need for assistance for a summer food service program, as determined by the State. ``(10) Maintenance of effort.--The expenditure of funds from State and local sources for the maintenance of the summer food service program shall not be diminished as a result of grants made available under this subsection.''. SEC. 5. EFFECTIVE DATE. Except as otherwise provided in this Act, this Act and the amendments made by this Act take effect on October 1, 2003.

Summer Food Service Program Improvement Act of 2003 - Amends the Richard B. Russell National School Lunch Act to revise requirements for the summer food service program for children. Provides for a temporary redefinition of rural areas in which poor economic conditions exist. Revises requirements relating to payments to service institutions for operating expenses and administrative costs. Directs the Secretary of Agriculture to make competitive startup grants to ten States to assist eligible service institutions in initiating summer food service program sites.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Technologies for Energy Jobs and Security Act of 2017''. SEC. 2. EXTENSION AND PHASEOUT OF RESIDENTIAL ENERGY EFFICIENT PROPERTY. (a) Extension.--Section 25D(h) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2016 (December 31, 2021, in the case of any qualified solar electric property expenditures and qualified solar water heating property expenditures)'', and inserting ``December 31, 2021''. (b) Phaseout.-- (1) In general.--Paragraphs (3), (4), and (5) of section 25D(a) of the Internal Revenue Code of 1986 are amended by striking ``30 percent'' each place it appears and inserting ``the applicable percentage''. (2) Conforming amendment.--Section 25D(g) of the Internal Revenue Code of 1986 is amended by striking ``paragraphs (1) and (2) of''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2017. SEC. 3. EXTENSION AND PHASEOUT OF ENERGY CREDIT. (a) Credit Percentage for Geothermal Energy Property.--Section 48(a)(2)(A)(i)(II) of the Internal Revenue Code of 1986 is amended by striking ``paragraph (3)(A)(i)'' and inserting ``clause (i) or (iii) of paragraph (3)(A)''. (b) Extension of Solar and Thermal Energy Property.--Section 48(a)(3)(A) of the Internal Revenue Code of 1986 is amended-- (1) in clause (ii) by striking ``periods ending before January 1, 2017'' and inserting ``property the construction of which begins before January 1, 2022''; and (2) in clause (vii) by striking ``periods ending before January 1, 2017'' and inserting ``property the construction of which begins before January 1, 2022''. (c) Phaseout of 30-Percent Credit Rate for Geothermal Energy Property.--Section 48(a)(6) of the Internal Revenue Code of 1986 is amended-- (1) in the heading, by inserting ``and geothermal'' after ``solar''; (2) in subparagraph (A), by striking ``paragraph (3)(A)(i)'' and inserting ``clause (i) or (iii) of paragraph (3)(A)''; and (3) in subparagraph (B), by striking ``property energy property described in paragraph (3)(A)(i)'' and inserting ``energy property described in clause (i) or (iii) of paragraph (3)(A)''. (d) Phaseout of 30-Percent Credit Rate for Fiber-Optic Solar, Qualified Fuel Cell, and Qualified Small Wind Energy Property.-- (1) In general.--Section 48(a) of the Internal Revenue Code of 1986 is amended by adding the following: ``(7) Phaseout for fiber-optic solar, qualified fuel cell, and qualified small wind energy property.--In the case of any energy property described in paragraph (3)(A)(ii), qualified fuel cell property, or qualified small wind property, the energy percentage determined under paragraph (2) shall be equal to-- ``(A) in the case of any property the construction of which begins after December 31, 2019, and before January 1, 2021, 26 percent, and ``(B) in the case of any property the construction of which begins after December 31, 2020, and before January 1, 2022, 22 percent.''. (2) Conforming amendment.--Section 48(a)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``paragraph (6)'' and inserting ``paragraphs (6) and (7)''. (e) Extension of Qualified Fuel Cell Property.--Section 48(c)(1)(D) of the Internal Revenue Code of 1986 is amended by striking ``for any period after December 31, 2016'' and inserting ``the construction of which does not begin before January 1, 2022''. (f) Extension of Qualified Microturbine Property.--Section 48(c)(2)(D) of the Internal Revenue Code of 1986 is amended by striking ``for any period after December 31, 2016'' and inserting ``the construction of which does not begin before January 1, 2022''. (g) Extension of Combined Heat and Power System Property.--Section 48(c)(3)(A)(iv) of the Internal Revenue Code of 1986 is amended by striking ``which is placed in service before January 1, 2017'' and inserting ``the construction of which begins before January 1, 2022''. (h) Extension of Qualified Small Wind Energy Property.--Section 48(c)(4)(C) of the Internal Revenue Code of 1986 is amended by striking ``for any period after December 31, 2016'' and inserting ``the construction of which does not begin before January 1, 2022''. (i) Effective Date.--The amendments made by this section shall take effect on January 1, 2017. SEC. 4. WASTE HEAT TO POWER PROPERTY. (a) In General.-- (1) Introduction of waste to heat power energy property.-- Section 48(a)(3)(A) of the Internal Revenue Code of 1986 is amended-- (A) at the end of clause (vi) by striking ``or''; and (B) at the end of clause (vii) by inserting ``or'' after the comma; and (C) by adding the following: ``(viii) waste heat to power property,''. (2) Definitions and limitations.--Section 48(c) of the Internal Revenue Code of 1986 is amended by adding the following: ``(5) Waste heat to power property.-- ``(A) In general.--The term `waste heat to power property' means property-- ``(i) comprising a system which generates electricity through the recovery of a qualified waste heat resource, and ``(ii) the construction of which begins before January 1, 2022. ``(B) Qualified waste heat resource.--The term `qualified waste heat resource' means-- ``(i) exhaust heat or flared gas from an industrial process that does not have, as its primary purpose, the production of electricity, and ``(ii) a pressure drop in any gas for an industrial or commercial process. ``(C) Limitations.-- ``(i) In general.--For purposes of subsection (a)(1), the basis of any waste heat to power property taken into account under this section shall not exceed the excess of-- ``(I) the basis of such property, over ``(II) the fair market value of comparable property which does not have the capacity to capture and convert a qualified waste heat resource to electricity. ``(ii) Capacity limitation.--The term `waste heat to power property' shall not include any property comprising a system if such system has a capacity in excess of 50 megawatts.''. (b) Effective Date.--The amendments made by this section shall apply to periods after December 31, 2016, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).

Technologies for Energy Jobs and Security Act of 2017 This bill amends the Internal Revenue Code to extend and modify tax credits for residential energy efficient property and investments in energy property. The bill modifies the tax credit for residential energy efficient property to extend through 2021 the credits for expenditures for fuel cell property, small wind energy property, and geothermal heat pump property. For each extended credit, the bill phases out the current credit rate of 30% of expenditures by reducing it to 26% or 22%, depending on the date that the property is placed in service. The bill extends the tax credit for investments in energy property for the following property with construction that begins before January 1, 2022: fiber-optic solar energy property, thermal energy property. fuel cell property, microturbine property, combined heat and power system property, and small wind energy property. The bill phases out the current credit rate of 30% for investments in geothermal energy property, fiber-optic solar energy property, fuel cell property, and small wind energy property by reducing it to 26% or 22%, depending on the date that the property is placed in service. The bill also allows an energy tax credit through 2021 for investment in waste heat to power property that does not have a capacity in excess of 50 megawatts. "Waste heat to power property" is property comprising a system which generates electricity through the recovery of a qualified waste heat resource.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Water for the Americas Partnership Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) it is in United States national interests to foster public and environmental health among neighboring countries; (2) neither disease nor pollution respects international borders; (3) improving the lives of people abroad is an essential element in curbing illegal immigration into the United States; (4) the health and productivity of the world's natural resources affects all the world's people, including the American people; (5) maintaining good relations with nations of Latin America and the Caribbean region promotes United States national security interests in many ways; and (6) the United States environmental technology industry is a world leader, and offers great potential economic growth here in the United States, while at the same time fostering improved environmental protection abroad. SEC. 3. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term ``appropriate congressional committees'' means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International Relations of the House of Representatives. SEC. 4. AMENDMENT OF THE FOREIGN ASSISTANCE ACT OF 1961. (a) In General.--Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following new chapter: ``CHAPTER 13--CLEAN WATER FOR THE AMERICAS PARTNERSHIP ``SEC. 500. DEFINITIONS. ``In this chapter: ``(1) Joint project.--The term `joint project' means a project between a United States association or nonprofit entity and a Latin American or Caribbean association or nonprofit entity. ``(2) Latin american or caribbean association.--The term `Latin American or Caribbean association' means an organization other than a United States association-- ``(A) that would be exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C. 510(a)) as a business league described in section 501(c)(6) of such Code (26 U.S.C. 501(c)(6)) if the association were subject to that Code; and ``(B) a majority of the members of which are nationals of any country in the region. ``(3) Latin american or caribbean nonprofit entity.--The term `Latin American or Caribbean nonprofit entity' includes any institution of higher education, any private nonprofit entity involved in international education activities, or any research institute or other research organization, based in the region. ``(4) President.--The term `President' means the President, acting through the Administrator of the agency primarily responsible for carrying out this part. ``(5) Region.--The term `region' refers to the region comprised of the member countries of the Organization of American States (other than the United States and Canada). ``(6) United states association.--The term `United States association' means a business league described in section 501(c)(6) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(6)), and exempt from taxation under section 501(a) of such Code (26 U.S.C. 501(a)). ``(7) United states nonprofit entity.--The term `United States nonprofit entity' includes any institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), any private nonprofit entity involved in international education activities, or any research institute or other research organization, based in the United States. ``SEC. 500A. ESTABLISHMENT OF PROGRAM. ``The President is authorized to establish a program within the agency primarily responsible for carrying out this part which shall be known as the `Clean Water for the Americas Partnership'. In carrying out the program established under this section, the President may utilize personnel of the Department of State, the Department of Commerce, and the Environmental Protection Agency as well as personnel employed by the agency primarily responsible for administering this part. ``SEC. 500B. ENVIRONMENTAL ASSESSMENT. ``The President is authorized to conduct a comprehensive assessment of the environmental problems in the region to determine-- ``(1) which environmental problems threaten human health the most, particularly the health of the urban poor, which environmental problems are most threatening, in the long-term, to the region's natural resources, and which countries have the most pressing environmental problems; and ``(2) whether and to what extent there is a market for United States environmental technology, practices, knowledge, and innovations in the region. ``SEC. 500C. ESTABLISHMENT OF TECHNOLOGY AMERICA CENTERS. ``(a) Authority to Establish.--The President, in consultation with the Director General of the United States and Foreign Commercial Service of the Department of Commerce, is authorized to establish Technology America Centers (TEAMs) in the region to serve the entire region and, where appropriate, to establish TEAMs in urban areas of the region to focus on urban environmental problems. ``(b) Functions.--The TEAMs would link United States private sector environmental technology firms with local partners, both public and private, by providing logistic and information support to United States firms seeking to find local partners and opportunities for environmental projects. TEAMs should emphasize assisting small businesses. ``(c) Location.--In determining whether to locate a TEAM in a country, the President, in consultation with the Director General of the United States and Foreign Commercial Service of the Department of Commerce, shall take into account the country's need for logistic and informational support and the opportunities presented for United States firms in the country. A TEAM may be located in a country without regard to whether a mission of the United States Agency for International Development is established in that country. ``SEC. 500D. PROMOTION OF WATER QUALITY, WATER TREATMENT SYSTEMS, AND ENERGY EFFICIENCY. ``Subject to the availability of appropriations, the President is authorized to provide matching grants to United States associations and United States nonprofit entities for the purpose of promoting water quality, water treatment systems, and energy efficiency in the region. The grants shall be used to support joint projects, including professional exchanges, academic fellowships, training programs in the United States or in the region, cooperation in regulatory review, development of training materials, the establishment and development in the region of local chapters of the associations or nonprofit entities, and the development of online exchanges. ``SEC. 500E. GRANTS FOR PREFEASIBILITY STUDIES WITHIN A DESIGNATED SUBREGION. ``(a) Grant Authority.-- ``(1) In general.--Subject to the availability of appropriations, the President is authorized to make grants through the agency primarily responsible for carrying out this part for prefeasibility studies for water projects in any country within a single subregion or in a single country designated under paragraph (2). ``(2) Designation of subregion.--The President shall designate in advance a single subregion or a single country for purposes of paragraph (1). ``(b) Matching Requirement.--The President may not make any grant under this section unless there are made available non-Federal contributions in an amount equal to not less than $20 for every $80 of Federal funds provided under the grant. ``(c) Limitation Per Single Project.--With respect to any single project, grant funds under this section shall be available only for the prefeasibility portion of that project. ``(d) Definitions.--In this section: ``(1) Prefeasibility.--The term `prefeasibility' means, with respect to a project, not more than 25 percent of the design phase of the project. ``(2) Subregion.--The term `subregion' means an area within the region and includes areas such as Central America, the Andean region, and the Southern cone. ``SEC. 500F. CLEAN WATER TECHNICAL ASSISTANCE COMMITTEE. ``(a) In General.--The President is authorized to establish a Clean Water Technical Assistance Committee (in this section referred to as the `Committee') to provide technical support and training services for individual water projects. ``(b) Composition.--The Committee shall consist of international investors, lenders, water service providers, suppliers, advisers, and others with a direct interest in accelerating development of water projects in the region. ``(c) Functions.--Members of the Committee shall act as field advisers and may form specialized working groups to provide in-country training and technical assistance, and shall serve as a source of technical support to resolve barriers to project development. ``(d) Nonapplicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee. ``SEC. 500G. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to the President $10,000,000 for each of the fiscal years 2002, 2003, and 2004 to carry out this chapter. ``(b) Availability of Funds.--Funds appropriated pursuant to subsection (a) are authorized to remain available until expended.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect October 1, 2001. SEC. 5. REPORT. Two years after the date of enactment of this Act, the President shall submit a report to the appropriate congressional committees containing-- (1) an assessment of the progress made in carrying out the program established under chapter 13 of part I of the Foreign Assistance Act of 1961, as added by section 4 of this Act; and (2) any recommendations for the enactment of legislation to make changes in the program established under chapter 13 of part I of the Foreign Assistance Act of 1961, as added by section 4 of this Act, for fiscal year 2004. SEC. 6. TERMINATION DATE. (a) In General.--Except as provided in subsection (b), chapter 13 of part I of the Foreign Assistance Act of 1961, as added by section 4, is repealed on the date that is 3 years after the date of establishment of the program described in section 500A of that Act, as so added. (b) Exception.--In lieu of the date of repeal specified in subsection (a), the repeal required by that subsection shall take effect five years after the date of establishment of the program described in section 500A of that Act, as so added, if, prior to the date of repeal specified in subsection (a), the Administrator of the United States Agency for International Development determines and certifies to the appropriate congressional committees that it would be in the national interest of the United States to continue the program described in such section 500A for an additional 2-year period.

Clean Water for the Americas Partnership Act of 2001 - Amends the Foreign Assistance Act of 1961 to authorize the President to establish the Clean Water for the Americas Partnership program.Authorizes the President to conduct a comprehensive assessment of the environmental problems in the region (member countries of the Organization of American States, other than the United States and Canada) to determine: (1) which environmental problems threaten human health the most, which are most threatening to the region's natural resources, and which countries have the most pressing environmental problems; and (2) to what extent there is a market for U.S. environmental technology, practices, knowledge, and innovations in the region.Authorizes the President to establish in the region Technology America Centers (TEAMs), which shall support U.S. private sector environmental technology firms seeking local partners (particularly small businesses) and opportunities for environmental projects.Authorizes the President to: (1) provide matching grants to U.S. associations and nonprofit entities to promote joint water quality, water treatment systems, and energy efficiency projects with Latin American and Caribbean associations and entities in the region; and (2) make grants for prefeasibility studies for water projects in any country within a single subregion or in a designated single country.Establishes a Clean Water Technical Assistance Committee to provide technical support and training services for individual water projects.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Yerington Land Conveyance and Sustainable Development Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the city of Yerington, Nevada, which has an unemployment rate of 16 percent, has the highest unemployment rate in the State of Nevada; (2) for over 4 years, the city of Yerington and Lyon County, Nevada, have been working with private business partners to develop a sustainable development plan that would enable all parties to benefit from the use of private land adjacent to the city of Yerington for potential commercial and industrial development, mining activities, recreation opportunities, and the expansion of community and cultural events; (3) the sustainable development plan referred to in paragraph (2) requires the conveyance of certain Federal land administered by the Bureau of Land Management to the City for consideration in an amount equal to the fair market value of the Federal land; (4) the Federal land to be conveyed to the City under the sustainable development plan has very few environmental, historical, wildlife, or cultural resources of value to the public, but is appropriate for responsible development; (5) the Federal land that would be conveyed to the City under the sustainable development plan-- (A) is adjacent to the boundaries of the City; and (B) would be used-- (i) to enhance recreational, cultural, commercial, and industrial development opportunities in the City; (ii) for future economic development, regional use, and as an open space buffer to the City; and (iii) to allow the City to provide critical infrastructure services; (6) commercial and industrial development of the Federal land would enable the community to benefit from the transportation, power, and water infrastructure that would be put in place with the concurrent development of commercial and industrial operations; (7) the conveyance of the Federal land would-- (A) help the City and County to grow; and (B) provide additional tax revenue to the City and County; (8) industrial and commercial development of the Federal land would create thousands of long-term, high-paying jobs for the City and County; and (9) the Lyon County Commission and the City unanimously approved resolutions in support of the conveyance of the Federal land because the conveyance would facilitate a sustainable model for long-term economic and industrial development. SEC. 3. DEFINITIONS. In this Act: (1) City.--The term ``City'' means the city of Yerington, Nevada. (2) Federal land.--The term ``Federal land'' means the land located in Lyon County and Mineral County, Nevada, that is identified on the map as ``City of Yerington Sustainable Development Conveyance Lands''. (3) Map.--The term ``map'' means the map entitled ``Yerington Land Conveyance and Sustainable Development Act'' and dated February 16, 2012. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. CONVEYANCES OF LAND TO CITY OF YERINGTON, NEVADA. (a) In General.--Not later than 90 days after the date of enactment of this Act, subject to valid existing rights, and notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary shall convey to the City in exchange for consideration in an amount equal to the fair market value of the Federal land, all right, title, and interest of the United States in and to the Federal land identified on the map. (b) Appraisal To Determine of Fair Market Value.--The Secretary shall determine the fair market value of the Federal land to be conveyed-- (1) in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (2) based on an appraisal that is conducted in accordance with nationally recognized appraisal standards, including-- (A) the Uniform Appraisal Standards for Federal Land Acquisition; and (B) the Uniform Standards of Professional Appraisal Practice. (c) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Applicable Law.--Beginning on the date on which the Federal land is conveyed to the City, the development of and conduct of activities on the Federal land shall be subject to all applicable Federal laws (including regulations). (e) Administrative Costs.--The City shall be responsible for all survey, appraisal, and other administrative costs associated with the conveyance of the Federal land to the City under this Act.

Yerington Land Conveyance and Sustainable Development Act - Directs the Secretary of the Interior to convey to the city of Yerington, Nevada, all interest of the United States in the federal lands located in Lyon and Mineral Counties, Nevada, identified as City of Yerington Sustainable Development Conveyance Lands in exchange for consideration in an amount that is equal to their fair market value. Makes the city of Yerington responsible for all survey, appraisal, and other administrative costs associated with the conveyance of such lands.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Fair Debt Notice Act of 2018''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS NOTICE RELATING TO DEBT COLLECTION ACTIVITIES. (a) Debt Notification Letter Formats.--The Secretary of Veterans Affairs shall collaborate with veterans service organizations to develop a standard format for any letter provided to individuals who the Secretary determines are indebted to the United States by virtue of such person's participation in a benefits program administered by the Secretary. Such letter shall be written in plain language and shall include a notice of the debt and a clear explanation of-- (1) why the individual is indebted to the United States by virtue of such person's participation in a benefits program administered by the Secretary; and (2) the options available to the individual. (b) Delivery of Debt Notices by Standard Mail and Electronic Means.--The Secretary shall develop a method by which individuals may elect to receive notice of debt by electronic means and shall ensure, to the extent practicable, that the letter developed under subsection (a) is delivered-- (1) by both standard mail and by electronic means to intended recipients who have made such an election; and (2) only by standard mail to intended recipients who have not made such an election. (c) Notice to Congress.-- (1) Notices of completion.--Upon completion of the development of the standard letter format required under subsection (a) and upon completion of development of the method under subsection (b), the Secretary shall submit to Congress notice of the completion of the development. (2) Progress reports.--If the Secretary has not submitted each notice required by paragraph (1) by the date that is 90 days after the date of the enactment of this Act, the Secretary shall-- (A) submit to Congress a report describing the progress of the Secretary toward implementing subsections (a) and (b) and an explanation for why the respective development has not been completed; and (B) every 30 days thereafter until all of the notices required by paragraph (1) have been submitted, submit to Congress an update to the report under subparagraph (A) that includes an additional explanation for the failure to complete the respective development. (d) Study and Report.-- (1) Study.--The Secretary of Veterans Affairs, in coordination with the Secretary of the Treasury, shall conduct a study on the process by which individuals who are indebted to the United States by virtue of their participation in a benefits program administered by the Secretary of Veterans Affairs are notified of debt collection efforts relating to such indebtedness. (2) Elements.--The study required by paragraph (1) shall include the following: (A) An analysis of the scope of the problem of individuals who are indebted to the United States by virtue of their participation in a benefits program administered by the Secretary of Veterans Affairs not receiving debt collection notices relating to such indebtedness. (B) Identification of administrative actions the Secretary of Veterans Affairs and the Secretary of the Treasury can carry out to reduce the number of incorrect or unknown addresses of such individuals in the databases of the Department Veterans Affairs and the Department of the Treasury and a timeline for carrying out such actions. (C) An estimate of the costs associated with sending debt collection notices to such individuals by certified mail. (D) An analysis of whether, or to what extent, sending debt collection notices to such individuals by certified mail would address the problem analyzed under subparagraph (A). (E) An analysis of the requirements and resources that would be necessary to develop the capability for creating a single consolidated snapshot of a veteran's debt. (F) An analysis of the extent to which individuals indebted to the United States by virtue of their participation in a benefits program administered by the Secretary of Veterans Affairs are so indebted as a result of an error, misrepresentation, or fraud by such individuals. (3) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in coordination with the Secretary of the Treasury, shall submit to Congress a report on the findings of the Secretaries with respect to the study conducted under paragraph (1).

Veterans Fair Debt Notice Act of 2018 This bill directs the Department of Veterans Affairs (VA) to collaborate with veterans service organizations to write a standard letter to be provided to individuals who owe debts to the VA. Such letter shall be written in plain language and shall include a notice of the debt and a clear explanation of: (1) why the individual owes such money, and (2) available options. The VA shall develop a method by which individuals may elect to receive debt notification letters by electronic means and shall ensure that the letter is delivered: (1) by both standard mail and electronic means to individuals who have made such election, and (2) only by standard mail to individuals who have not made such election.

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2010, and for other purposes, namely: DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection salaries and expenses For an additional amount for ``Salaries and Expenses'', $356,900,000, to remain available until September 30, 2012, of which $78,000,000 shall be for costs to maintain U.S. Customs and Border Protection Officer staffing on the Southwest Border of the United States, $58,000,000 shall be for hiring additional U.S. Customs and Border Protection Officers for deployment at ports of entry on the Southwest Border of the United States, $208,400,000 shall be for hiring additional Border Patrol agents for deployment to the Southwest Border of the United States, $2,500,000 shall be for forward operating bases on the Southwest Border of the United States, and $10,000,000 shall be to support integrity and background investigation programs: Provided, That section 104 shall not apply to $151,000,000 of the amount under this heading. border security fencing, infrastructure, and technology For an additional amount for ``Border Security Fencing, Infrastructure, and Technology,'' $14,000,000, to remain available until September 30, 2012, for costs of designing, building, and deploying tactical communications for support of enforcement activities on the Southwest Border of the United States. air and marine interdiction, operations, maintenance, and procurement For an additional amount for ``Air and Marine Interdiction, Operations, Maintenance, and Procurement'', $32,000,000, to remain available until September 30, 2012, for costs of acquisition and deployment of unmanned aircraft systems. construction and facilities management For an additional amount for ``Construction and Facilities Management'', $9,000,000, to remain available until September 30, 2012, for costs to construct up to three forward operating bases for use by the Border Patrol to carry out enforcement activities on the Southwest Border of the United States. U.S. Immigration and Customs Enforcement salaries and expenses For an additional amount for ``Salaries and Expenses'', $30,000,000 to remain available until September 30, 2012, for law enforcement activities targeted at reducing the threat of violence along the Southwest Border of the United States. Federal Emergency Management Agency state and local programs For an additional amount for ``State and Local Programs'', $50,000,000, to remain available until September 30, 2011, for Operation Stonegarden. Federal Law Enforcement Training Center salaries and expenses For an additional amount for ``Salaries and Expenses'', $8,100,000, to remain available until September 30, 2011, for costs to provide basic training for new U.S. Customs and Border Protection Officers and Border Patrol agents. GENERAL PROVISIONS (including rescissions) Sec. 101. For an additional amount for the Department of Justice for necessary expenses for increased law enforcement activities related to Southwest border enforcement, $201,000,000, to remain available until September 30, 2012: Provided, That funds shall be distributed to the following accounts and in the following specified amounts-- (1) ``Administrative Review and Appeals'', $2,118,000; (2) ``Detention Trustee'', $7,000,000; (3) ``Legal Activities, Salaries and Expenses, General Legal Activities'', $3,862,000; (4) ``Legal Activities, Salaries and Expenses, United States Attorneys'', $9,198,000; (5) ``United States Marshals Service, Salaries and Expenses'', $29,651,000; (6) ``United States Marshals Service, Construction'', $8,000,000; (7) ``Interagency Law Enforcement, Interagency Crime and Drug Enforcement'', $21,000,000; (8) ``Federal Bureau of Investigation, Salaries and Expenses'', $25,262,000; (9) ``Drug Enforcement Administration, Salaries and Expenses'', $35,805,000; (10) ``Bureau of Alcohol, Tobacco, Firearms and Explosives, Salaries and Expenses'', $39,104,000; and (11) ``Federal Prison System, Salaries and Expenses'', $20,000,000. Sec. 102. (a) From unobligated balances made available to U.S. Customs and Border Protection ``Border Security Fencing, Infrastructure, and Technology'', $100,000,000 are rescinded: Provided, That section 104 shall not apply to this subsection. (b) From unobligated balances of prior year appropriations made available for ``Transportation Security Administration--Aviation Security'' in chapter 5 of title III of Public Law 110-28, $15,500,000 are rescinded. (c) From unobligated balances of prior year appropriations made available for ``Federal Emergency Management Agency--Administrative and Regional Operations'' in chapter 4 of title II of Public Law 109-234, $34,500,000 are rescinded. (d) From unobligated balances of prior year appropriations made available for ``Department of Commerce--Bureau of the Census--Periodic Censuses and Programs'' in title I of Public Law 111-117; 123 Stat. 3115, $51,000,000 are rescinded: Provided, That section 104 shall not apply to this subsection. Sec. 103. Notwithstanding any other provision of law, from available funds, the Department of Defense shall pay in fiscal years 2010 and 2011 the full costs associated with the deployment of the National Guard along the Southwest Border of the United States. Sec. 104. Each amount made available herein is designated as an emergency requirement and necessary to meet emergency needs pursuant to sections 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. This Act may be cited as the ``Emergency Border Security Supplemental Appropriations Act, 2010''. Passed the House of Representatives July 28, 2010. Attest: LORRAINE C. MILLER, Clerk.

Title I: Department of Homeland Security - Appropriates additional FY2010 amounts to remain available until September 30, 2011, to: (1) U.S. Customs and Border Protection for salaries and expenses related to staffing on the Southwest Border of the United States, construction of up to two Border Patrol forward operating bases along the Southwest Border, and border security fencing, infrastructure, and technology along the Southwest border; (2) U.S. Immigration and Customs Enforcement for salaries and expenses for law enforcement activities along the Southwest Border; and (3) Federal Law Enforcement Training Center training for new U.S. Customs and Border Protection officers and Border Patrol agents. Appropriates additional FY2010 amounts to remain available until September 30, 2012, for acquisition and deployment of unmanned aircraft systems. (Sec. 101) Rescinds from unobligated balances certain funds for U.S. Customs and Border Protection, border security fencing, infrastructure, and technology. Title II: Department of Justice - Appropriates additional FY2010 amounts to remain available until September 30, 2011, for Department of Justice (DOJ) law enforcement activities related to the Southwest Border. Title III: the Judiciary - Appropriates additional FY2010 amounts to remain available until September 30, 2011, for courts of appeals, district courts, and other judicial services. States that funding shall be available for transfer between Judiciary accounts to meet increased workload requirements resulting from immigration and other law enforcement initiatives. Title IV: General Provisions - (Sec. 401) Designates each amount made available under this Act as an emergency requirement and necessary to meet emergency needs. (Sec. 402) Increases, for the period beginning on the date of the enactment of this Act and ending on September 30, 2014: (1) the L visa (intracompany transfer) nonimmigrant application filing fee and fraud prevention and detection fee by $2,250 for applicants that employ 50 or more employees in the United States if more than 50% of the applicant's employees are L visa or H-1b visa (nonagricultural specialty worker) nonimmigrants; and (2) the H-1b visa application filing fee and fraud prevention and detection fee by $2,000 for applicants that employ 50 or more employees in the United States if more than 50% of the applicant's employees are H-1b or L visa nonimmigrants. Provides that during such period all amounts collected pursuant to such fee increases shall be deposited in the General Fund of the Treasury.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pet Animal Welfare Statute of 2005''. SEC. 2. DEFINITIONS. Section 2 of the Animal Welfare Act (7 U.S.C. 2132) is amended-- (1) by redesignating subsections (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), and (o) as subsections (k), (o), (c), (p), (m), (e), (a), (f), (j), (b), (g), (h), (l), (d), and (i), respectively and moving the subsections so as to appear in alphabetical order; (2) in subsection (e) (as redesignated by paragraph (1))-- (A) by striking ``or (2) any'' and all that follows through ``include--'' and inserting ``(2) any dog for hunting, security, or breeding purposes, or (3) any dog imported from outside the United States, unless the dog is imported by the person for the use and enjoyment of the person, except that this term does not include--''; (B) in clause (i), by inserting ``, or which sells any dogs imported from outside the United States'' before the semicolon; and (C) by striking clause (ii) and inserting the following: ``(ii) any person who, during any calendar year-- ``(I)(aa) sells not more than 25 dogs or cats at wholesale or to the public; or ``(bb) does not whelp more than 6 litters of dogs or cats and sells only dogs or cats bred or raised on the premises of the person directly at retail to persons who purchase such animals for their own use and enjoyment and not for resale; and ``(II) derives not more than $500 gross income from the sale of other animals;''; and (3) by inserting after subsection (m) (as redesignated by subsection (a)) the following: ``(n) Retail Pet Store.-- ``(1) In general.--The term `retail pet store' means a public retail establishment that sells animals commonly kept as pets in households in the United States, including-- ``(A) dogs; ``(B) cats; ``(C) guinea pigs; ``(D) rabbits; and ``(E) hamsters. ``(2) Exclusion.--The term `retail pet store' does not include-- ``(A) a person breeding animals to sell to the public as pets; ``(B) a person selling hunting, security, or breeding dogs; or ``(C) a person selling wild animals.''. SEC. 3. ACCESS TO SOURCE RECORDS FOR DOGS AND CATS. Section 10 of the Animal Welfare Act (7 U.S.C. 2140) is amended-- (1) in the first sentence, by inserting ``(a) In General.-- '' before ``Dealers''; and (2) by adding at the end the following: ``(b) Access to Source Records for Dogs and Cats.--Notwithstanding any other provision of this Act, all dealers and retail pet stores shall prepare, retain, and make available at all reasonable times for inspection and copying by the Secretary, for such reasonable period of time as the Secretary may prescribe, a record of-- ``(1) the name and address of the person from whom each dog or cat was purchased or otherwise acquired; and ``(2) whether the person from whom each dog or cat was acquired is required to be licensed or registered under this Act.''. SEC. 4. EXTENSION OF TEMPORARY SUSPENSION PERIOD. Section 19(a) of the Animal Welfare Act (7 U.S.C. 2149) is amended-- (1) by inserting ``(1)'' after ``(a)''; and (2) by adding at the end the following: ``(2) Extension of Temporary Suspension Period.--If the Secretary has reason to believe that a violation that results in a temporary suspension pursuant to paragraph (1) is continuing or will continue after the expiration of the 21-day temporary suspension period described in that paragraph, and the violation will place the health of any animal in serious danger in violation of this Act, the Secretary may extend the temporary suspension period for such additional period as is necessary to ensure that the health of an animal is not in serious danger, as determined by the Secretary, but not to exceed 60 days.''. SEC. 5. AUTHORITY TO APPLY FOR INJUNCTIONS. Section 29 of the Animal Welfare Act (7 U.S.C. 2159) is amended-- (1) in subsection (a), by inserting ``or that any person is acting as a dealer or exhibitor without a valid license that has not been suspended or revoked, as required by this Act,'' after ``promulgated thereunder,''; (2) in subsection (b), by striking the last sentence; and (3) by adding at the end the following: ``(c) Injunctions; Representation.-- ``(1) Injunctions.--The Secretary may apply directly to the appropriate United States district court for a temporary restraining order or injunction described in subsection (a). ``(2) Representation.--Attorneys of the Department of Agriculture may represent the Secretary in United States district court in any civil action brought under this section.''. SEC. 6. CONFORMING AMENDMENT. Section 3 of the Animal Welfare Act (7 U.S.C. 2133) is amended by striking ``: Provided however,'' and all that follows. SEC. 7. EFFECT ON STATE LAW. Nothing in this Act or the amendments made by this Act preempts any State law (including a regulation) that provides stricter requirements than the requirements provided in the amendments made by this Act.

Pet Animal Welfare Statute of 2005 - Amends the Animal Welfare Act to revise the definition of dealer (in animals) to include: (1) sellers of dogs imported from outside the United States; and (2) persons who sell more than 25 dogs or cats or who whelp for sale more than six litters of dogs or cats annually. Defines "retail pet store" for purposes of the Act as a public retail establishment that sells animals commonly kept as pets in U.S. households (e.g., dogs, cats, guinea pigs, rabbits, and hamsters). Excludes from such definition: (1) a person breeding animals to sell to the public as pets; (2) a person selling hunting, security, or breeding dogs; or (3) a person selling wild animals. Requires dealers and retail pet stores to provide the Secretary of Agriculture with source records relating to the purchase or acquisition of dogs and cats. Authorizes the Secretary to extend the period for the temporary suspension of a dealer license for a violation of the Act from 21 to 60 days, if the Secretary believes that such violation will continue past the initial 21-day period and will jeopardize the health of any animal. Authorizes the Secretary to apply directly to a U.S. district court for a temporary restraining order or injunction to address violations of the Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Incentive Fund Act''. SEC. 2. TEACHER INCENTIVE FUND PROGRAM. Part C of title II of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following: ``Subpart 6--Teacher Incentive Fund Program ``SEC. 2371. PURPOSES; DEFINITIONS. ``(a) Purposes.--The purposes of this subpart are-- ``(1) to assist States, local educational agencies, and nonprofit organizations to develop, implement, or improve comprehensive performance-based compensation systems for teachers and principals, especially for teachers and principals in high-need schools, who raise student academic achievement and close the achievement gap; and ``(2) to study and review performance-based compensation systems for teachers and principals to evaluate their effectiveness, fairness, quality, consistency, and reliability. ``(b) Definitions.--For purposes of this subpart: ``(1) Eligible entity.--The term `eligible entity' means-- ``(A) a local educational agency (including a charter school that is a local educational agency), or a consortium of such agencies; ``(B) a State educational agency, or other State agency designated by the chief executive of the State to participate under this subpart; or ``(C) a partnership of-- ``(i) one or more agencies described in subparagraph (A) or (B), or both; and ``(ii) at least one nonprofit organization. ``(2) High-need local educational agency.--The term `high- need local educational agency' has the meaning given the term in section 2102. ``(3) High-need school.--The term `high-need school' has the meaning given the term in section 2312. ``(4) Performance-based compensation system.--The term `performance-based compensation system' means a system of compensation for teachers and principals that-- ``(A) differentiates levels of compensation primarily on the basis of measurable increases in student academic achievement; and ``(B) may include-- ``(i) differentiated levels of compensation on the basis of high-quality teachers' and principals' employment and success in hard-to- staff schools or high-need subject areas; and ``(ii) recognition of the skills and knowledge of teachers and principals as demonstrated through-- ``(I) successful fulfillment of additional responsibilities or job functions; and ``(II) evidence of high achievement and mastery of content knowledge and superior teaching skills. ``SEC. 2372. TEACHER INCENTIVE FUND GRANTS. ``(a) In General.--From the amounts appropriated to carry out this subpart, the Secretary is authorized to make grants on a competitive basis to eligible entities to develop, implement, or improve performance-based compensation systems in participating schools. ``(b) Priority.--In making such a grant, the Secretary shall give priority to an eligible entity that concentrates its proposed activities on teachers and principals serving in high-need schools. ``(c) Applications.--To be eligible to receive a grant under this subpart, an eligible entity shall submit an application to the Secretary, at such time and in such manner as the Secretary may reasonably require, that includes-- ``(1) a description of the performance-based compensation system that the applicant proposes to develop and implement or improve; ``(2) a description and demonstration of the support and commitment from teachers and principals in the targeted schools, the community, and local educational agency or agencies for the performance-based compensation system, including demonstration of consultation with teachers and principals on the development and implementation of the performance-based compensation system; ``(3) a description of how the eligible entity will develop and implement a fair, rigorous, and objective process to evaluate teacher, principal, and student performance, including the baseline performance against which evaluations of improved performance will be made; ``(4) a description and demonstration of how teacher and principal views were included in the development of the performance-based compensation system; ``(5) a description of the local educational agency or local educational agencies to be served by the project, including such demographic information about students in the schools to be served by the project as the Secretary may request; ``(6) information on student academic achievement, the quality of the teachers and principals, and existing compensation, bonuses, and incentive systems for teachers and principals in the schools to be served by the project; ``(7) a description of how the applicant will use grant funds under this subpart in each year of the grant; ``(8) a description of the comprehensive, focused professional development that is aligned with student content and achievement standards that the applicant will implement to support the performance-based compensation system; ``(9) an explanation of how the grantee will continue its performance-based compensation system after the grant ends; ``(10) a description, if applicable, of how the applicant will define the term `high-quality' for the purposes of section 2371(b)(4)(B)(i), through the use of measurable indicators; ``(11) a description of the State, local, or philanthropic funds that will be used to supplement the grant and sustain the activities at the end of the grant period; and ``(12) A description of how the applicant will evaluate the project annually, including any objective measures that are clearly related to the goals for the project and information on how the evaluation will produce quantitative and qualitative data. ``(d) Use of Funds.-- ``(1) In general.--A grantee shall use grant funds provided under this subpart only to develop, implement, or improve, in collaboration with teachers, principals, other school administrators, and members of the public, a performance-based compensation system consistent with the requirements of this subpart. ``(2) Authorized activities.--Authorized activities under this subpart may include the following: ``(A) Developing appraisal systems that reflect clear and fair measures of student academic achievement. ``(B) Developing appraisal systems that reflect clear and fair measures of teacher and principal performance based on demonstrated improvements in student academic achievement. ``(C) Conducting outreach within the local educational agency (or agencies) or the State to gain input on how to construct the appraisal system and to develop support for it. ``(D) Paying, as part of a comprehensive performance-based compensation system, bonuses and increased salaries to teachers and principals who raise student academic achievement, so long as the grantee uses an increasing share of non-Federal funds to pay these monetary rewards each year of the grant. ``(E) Paying, as part of a comprehensive performance-based compensation system, additional bonuses to teachers who both raise student academic achievement and either teach in high-need schools or teach subjects that are difficult to staff, or both, so long as the grantee uses an increasing share of non- Federal funds to pay these monetary rewards each year of the grant. ``(F) Paying, as part of a comprehensive performance-based compensation system, additional bonuses to principals who both raise student academic achievement and serve in high-need schools, so long as the grantee uses an increasing share of non-Federal funds to pay these monetary rewards each year of the grant. ``(e) Duration of Grants.-- ``(1) In general.--The Secretary may make grants under this section for periods of up to 5 years. ``(2) Limitation.--An agency described in subparagraph (A) of section 2371(b)(1) may receive (whether individually or as part of a consortium or partnership) a grant under this subpart only once. Such an agency may continue to receive that grant for the period of that grant, but shall not receive (whether individually or as part of a consortium or partnership) any other grant under this subpart. ``(f) Equitable Distribution.--To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this section. ``(g) Matching Requirement.-- ``(1) Each eligible entity that receives a grant under this section shall provide, from non-Federal sources, an amount (which may be provided in cash or in kind) to carry out the activities supported by the grant equal to-- ``(A) for the first year of the grant, 25 percent of the amount received for that year under the grant; ``(B) for the second year, 30 percent; ``(C) for the third year, 35 percent; ``(D) for the fourth year, 40 percent; and ``(E) for the fifth year, 50 percent. ``(2) The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible entity described in section 2371(b)(1)(A) if that eligible entity is a high-need local educational agency, a consortium of high-need local educational agencies, or a charter school that is a high-need local educational agency and the Secretary determines that applying the matching requirement to such eligible entity would result in serious hardship or an inability to carry out the activities described in subsection (d). ``(h) Supplement, Not Supplant.--Grant funds provided under this section shall be used to supplement, not supplant, other Federal or State funds. ``SEC. 2373. REPORT AND EVALUATION. ``(a) Report.--The Secretary shall provide an annual report on the implementation of the program to the Congress. ``(b) Evaluation.-- ``(1) In general.--The Secretary shall, through grant or contract, carry out an independent evaluation of the program under this subpart. ``(2) Content.--The evaluation shall measure-- ``(A) the effectiveness of the program in improving student academic achievement; ``(B) the satisfaction of the participating teachers or principals; and ``(C) the extent to which the program assisted the eligible entities in recruiting and retaining high- quality teachers and principals, especially in hard-to- staff subject areas. ``SEC. 2374. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year 2008 and each of the succeeding 5 fiscal years. ``(b) Reservation.--The Secretary may reserve not more than 3 percent of the funds appropriated to carry out this subpart for any one fiscal year for the cost of the evaluation under section 2373(b) and for technical assistance and program outreach.''.

Teacher Incentive Fund Act - Amends the Elementary and Secondary Education Act of 1965 to create a Teacher Incentive Fund program of competitive grants to assist states, local educational agencies (LEAs), and nonprofit organizations to develop and implement, or improve, appraisal and performance-based compensation systems to reward teachers and principals who raise student academic achievement and close the achievement gap, especially in the highest-need LEAs. Increases required non-federal contributions to the program, on a graduated basis, from an amount equal 25% of the grant amount received in the first year to 50% of the grant amount received in the grant's fifth and final year. Allows the Secretary of Education to waive such matching requirement for high-need LEAs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Reorganization and Improvement of Performance Act''. SEC. 2. RESULTS COMMISSIONS. (a) Establishment of Commissions.-- (1) Proposal and transmittal.--The President-- (A) may propose the establishment in the executive branch of one or more commissions for the purpose of improving the overall effectiveness, efficiency, or accountability of executive branch operations through reorganization, with each such commission being known as a ``Results Commission''; and (B) may transmit such proposal to Congress for expedited consideration under section 3. (2) Reasons for establishing results commissions.--In each proposal to establish a Results Commission, the President shall describe the agencies or programs being proposed for the Results Commission to study. In making a proposal to establish a Results Commission, the President shall identify areas where multiple Federal programs have similar, related, or overlapping responsibilities that are under the jurisdiction of multiple executive branch agencies and committees of Congress, and areas where reorganization may improve the overall effectiveness, efficiency, or accountability of executive branch operations. (b) Procedure for Making Recommendations for Improvements in Executive Branch Performance.-- (1) The President may, from time to time in his discretion, submit to a Results Commission established pursuant to this section one or more specific proposals to improve the performance of the executive branch by reorganizing agencies or programs in the areas that the Results Commission is authorized to study. (2) After receiving a specific proposal from the President under paragraph (1), a Results Commission shall evaluate the proposal and shall provide a response to the President on the proposal, including any changes that the Commission may wish to recommend. The Commission may recommend changes or additions to the proposal, and shall explain and justify any such recommended changes or additions, only if the Commission believes that such changes are necessary to better accomplish the stated purpose of the President's reorganization proposal. (3) If the President disapproves the recommendations of the Results Commission, in whole or in part, the President may transmit to the Results Commission the reasons for that disapproval. The Commission shall then transmit to the President a report responding to the President's concerns and any changes in its recommendations. (4) The President may transmit to Congress for expedited consideration under section 3 a copy of all of the final recommendations of each Results Commission, together with legislation to accomplish those recommendations. (c) Membership, Powers, and Other Matters.-- (1) In general.--Each Results Commission shall be composed of seven members, who shall be appointed within 60 days after the date of the enactment of the Act establishing the Commission. (2) Appointments.--(A) The President shall appoint the seven members, who shall serve at the pleasure of the President, as follows: (i) One in consultation with the majority leader of the Senate. (ii) One in consultation with the minority leader of the Senate. (iii) One in consultation with the Speaker of the House of Representatives. (iv) One in consultation with the minority leader of the House of Representatives. (v) Three other members. (B) Any vacancy on a Commission shall be filled in the manner in which the original appointment was made. (3) Chair and vice chair.--The President shall designate one member of each Results Commission to serve as Chair and one member as Vice Chair. (4) Length of service.--The members of each Results Commission shall serve at the pleasure of the President. (5) Vacancies.--Any vacancy on a Results Commission shall be filled in the manner in which the original appointment was made. (6) Termination.--Each Results Commission shall cease to exist within nine months after the date it commences operations, unless provided otherwise in law. (7) Duties.--Each Results Commission is authorized to-- (A) evaluate the merits of a specific proposal by the President for governmental reorganization; and (B) provide views to the President on the proposal, including any changes or additions to the proposal that the Commission may wish to recommend. (8) Powers relating to obtaining information from federal agencies.-- (A) In general.--Each Results Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the United States Government, information, suggestions, estimates, and statistics for purposes of carrying out its duties. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chair or any other member designated by a majority of the Commission. (B) Receipt, handling, storage, and dissemination.--Information shall be received, handled, stored, and disseminated only by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (9) Public hearings and meetings.-- (A) Public hearings.--Each Results Commission shall hold public hearings and meetings to the extent appropriate. Any such public sessions shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by applicable law. (B) Nonapplicability of federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any Results Commission. (10) Internal procedures.-- (A) Proceedings.--Each Results Commission shall commence operations within 6 months after the date of enactment of the Act establishing the Commission and shall meet periodically at the call of the Chair. (B) Quorum.--Four members of a Results Commission shall constitute a quorum but a lesser number may hold hearings. (11) Personnel matters.-- (A) Travel expenses.--The members of each Results Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (B) Director.--The Chair of each Results Commission may, without regard to the civil service laws and regulations, appoint and terminate a Director for the Commission. The Director shall be paid at a rate not to exceed the Level II of the Executive Schedule. (C) Staff.--The Director may appoint and compensate staff for each Results Commission in accordance with section 3161 of title 5, United States Code. (D) Applicability of certain civil service laws.-- The Director and any staff of each Results Commission shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (E) Detail of government employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (F) Procurement of temporary and intermittent services.--The Chair of each Results Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for Level II of the Executive Schedule under section 5316 of such title. (12) Other administrative matters.-- (A) Postal and printing services.--Each Results Commission may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the United States. (B) Administrative support services.--Upon the request of a Results Commission, the Administrator of General Services shall provide to the Results Commission, on a reimbursable basis, the administrative support services necessary for the Results Commission to carry out its duties. (C) Authorization of appropriations.--Such sums as may be necessary are authorized to be appropriated for the purposes of carrying out the duties of each Results Commission. Such funds shall remain available until expended. (d) Expedited Congressional Review Procedures.--In reviewing proposals by the President to establish a Results Commission and in reviewing proposals by the President to implement reorganizations recommended by a Results Commission, the Congress shall follow the expedited review procedures set forth in section 3 of this Act. SEC. 3. EXPEDITED CONGRESSIONAL REVIEW PROCEDURES. (a) Definitions.-- (1) Resolution of approval.-- (A) In general.--For the purposes of this section, the term ``resolution'' means only a joint resolution described in either subparagraph (B) or (C). (B) Joint resolution relating to establishing results commission.--For purposes of subparagraph (A), a joint resolution described in this subparagraph is a joint resolution-- (i) which does not have a preamble; (ii) the title of which is as follows: ``Joint resolution establishing the Results Commission proposed by the President under the Government Reorganization and Improvement of Performance Act''; (iii) the matter after the resolving clause of which is as follows: ``That Congress establishes a Results Commission proposed by the President, as follows, that was transmitted on ____ under the Government Reorganization and Improvement of Performance Act:'', the blank space being filled in with the appropriate date; and (iv) the remaining text of which consists of the complete text of a legislative proposal transmitted by the President under section 2(a)(1). (C) Joint resolution relating to approving reorganization proposal.--For purposes of subparagraph (A), a joint resolution described in this subparagraph is a joint resolution-- (i) which does not have a preamble; (ii) the title of which is as follows: ``Joint resolution approving the reorganization proposals of the President under the Government Reorganization and Improvement of Performance Act''; (iii) the matter after the resolving clause of which is as follows: ``That Congress approves the reorganization proposals of the President, as follows, that were transmitted on ____ under the Government Reorganization and Improvement of Performance Act:'', the blank space being filled in with the appropriate date; and (iv) the remaining text of which consists of the complete text of a legislative proposal transmitted by the President under section 2(b)(4). (2) Legislative day.--For the purposes of this section, the term ``legislative day'' refers to any day on which either House of Congress is in session. (b) Introduction and Reference of Resolution.-- (1) Not later than the first day of session following the day on which a resolution is transmitted to Congress under section (2)(a)(1) or (2)(b)(4), the resolution shall be introduced (by request)-- (A) in the House of Representatives by the chairman of the Committee on Government Reform, or by a member or members of the House designated by such chairman; and (B) in the Senate by the chairman of the Committee on Homeland Security and Governmental Affairs, or by a member of members of the Senate designated by such chairman. (2) A resolution with respect to a Results Commission or a reorganization proposal shall be referred to the Committee on Government Reform of the House of Representatives and the Committee on on Homeland Security and Governmental Affairs of the Senate (and all resolutions with respect to the same commission or proposal shall be referred to the same committee) by the Speaker of the House or the President of the Senate, as the case may be. The committee shall makes its recommendations to the House of Representatives or the Senate, respectively, within 75 calendar days of continuous session of Congress following the date of such resolutions's introduction. (c) Expedited Procedures Relating to Discharge of Committee Considering Resolution, Procedure After Report or Discharge of Committee, Debate, and Vote on Final Passage.--Sections 911 and 912 of title 5, United States Code, shall apply to a resolution introduced pursuant to subsection (b)(1). In applying such sections-- (1) the term ``resolution'' means a resolution described in subparagraph (B) or (C) of subsection (a)(1) of this section; and (2) the term ``reorganization plan'' means a legislative proposal to establish a Results Commission transmitted under section 2(a)(1), or a reorganization proposal transmitted under section 2(b)(4). (d) Effective Date, Publication, Effect on Other Laws, Pending Legal Proceedings, and Unexpended Appropriations.--Sections 906 and 907 of title 5, United States Code, shall apply to a resolution introduced pursuant to subsection (b)(1). In applying such sections-- (1) the term ``resolution'' means a resolution described in subparagraph (C) of subsection (a)(1) of this section; and (2) the term ``reorganization plan'' means a reorganization proposal transmitted under section 2(b)(4).

Government Reorganization and Improvement of Performance Act - Authorizes the President to: (1) propose establishment in the executive branch of one or more Results Commissions to improve the overall effectiveness, efficiency, or accountability of executive branch operations through reorganization; and (2) transmit such proposal to Congress for expedited consideration.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Pollution Program Improvement Act of 2000''. SEC. 2. FINDINGS. Congress finds the following: (1) Pollutant loadings from both public and private point sources have decreased dramatically since the enactment of the Federal Water Pollution Control Act in 1972 and such reductions have greatly contributed to achieving national water quality goals. (2) Appropriate emphasis on the management of nonpoint source pollution through a variety of flexible management practices is necessary to meet water quality standards and the goals of the Federal Water Pollution Control Act. (3) Comprehensive watershed management strategies (including estuary management programs, source water protection programs, and other voluntary or statutory programs) are important tools in coordinating point source and nonpoint source water quality programs. (4) State and local governments, businesses, and landowners are expected to spend billions of dollars over the next 20 years to implement watershed management strategies and other programs to address nonpoint source pollution. (5) In order to complete the total maximum daily load calculations required for currently identified waters, States will be required to develop one total maximum daily load allocation per week per region for each of the next 15 years at an estimated cost to the States ranging from $670,000,000 to $1,200,000,000. (6) States have overwhelmingly cited a lack of credible and reliable data and a lack of the resources necessary to collect and analyze such data, as significant limitations to carrying out their responsibilities under the Federal Water Pollution Control Act, including the identification of impaired waters and the development of total maximum daily loads. (7) The General Accounting Office recently concluded that only 6 States have the majority of data needed to assess the condition of their waters. (8) In cases in which there are no reliable monitoring or other analytical data to support a listing or total maximum daily load allocation, waters of the United States are being identified as impaired and total maximum daily loads are being developed under section 303(d) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)) on the basis of anecdotal evidence. The data used are frequently not subject to quality assurance or quality control measures. (9) Any Federal regulatory or nonregulatory water quality management program-- (A) must be based on sound science, including credible and reliable monitoring data; (B) must be subject to rigorous cost analysis; (C) must be effectively and efficiently implemented; and (D) must have the strong support of affected stakeholders, including State and local governments, landowners, businesses, environmental organizations, and the general public. (10) Any Federal water quality management program or initiative must recognize and accommodate-- (A) State water rights allocations and management programs; (B) the clear distinction between point and nonpoint sources of pollution provided in the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and (C) the exclusive authority of the States to regulate nonpoint sources of pollution. SEC. 3. NATIONAL ACADEMY OF SCIENCES STUDY. (a) Study Required.--The Administrator of the Environmental Protection Agency shall make arrangements with the National Academy of Sciences to conduct a study on-- (1) the scientific basis underlying the development and implementation of total maximum daily loads for pollutants in waters identified under section 303(d)(1)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)(1)(A)); (2) the costs of implementing measures to comply with the total maximum daily loads; and (3) the availability of alternative programs or mechanisms to reduce the discharge of pollutants from point sources and to reduce pollution from nonpoint sources to achieve water quality standards. (b) Scope.--The study shall include an evaluation of the following: (1) The scientific methodologies (including water quality monitoring and monitoring plans) that are being used by States to identify waters under section 303(d)(1)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)(1)(A)) and to develop and implement total maximum daily loads for pollutants in such waters, and the costs associated with the methodologies. (2) Any procedures or programs that are being implemented by States and Federal agencies to coordinate and improve monitoring methodologies and the quality of monitoring data. (3) The availability of alternative programs and other regulatory or nonregulatory mechanisms (including Federal, State, and local programs that operate as a functional equivalent to the total maximum daily load program) that may achieve comparable environmental benefits in an impaired water, watershed, or basin. (4) The results achieved by regulatory and voluntary programs, activities, and practices that are being implemented to reduce nonpoint source pollution and the costs of such programs, activities, and practices to State and local governments and the private sector. (5) The feasibility of implementing a pollutant trading program between point sources and nonpoint sources of pollution. (6) An assessment of the total costs (including the costs to Federal land management agencies, State and local governments, and the private sector) associated with programs to reduce the discharge of pollutants from point sources to meet water quality standards on waters currently identified under section 303(d)(1)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)(1)(A)) and with programs to reduce pollution from nonpoint sources in such waters under section 319 of such Act (33 U.S.C. 1329). (c) Peer Review.--Before submitting a report under subsection (d), the National Academy of Sciences shall provide appropriate Federal, State, and private sector interests an opportunity to review and submit written comments on the report. (d) Report.--Not later than 18 months after the date of enactment of this Act, the National Academy of Sciences shall submit a report on the study to the Administrator of the Environmental Protection Agency, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of the Senate. The report shall include recommendations of the National Academy of Sciences for improving the methodologies evaluated under the study, as well as any recommendations received pursuant to subsection (c) that are not otherwise incorporated into the report. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000. Such sums shall remain available until expended. SEC. 4. RULEMAKING. (a) Proposed Rules Defined.--In this section, the term ``proposed rules'' means the Proposed Revisions to the National Pollutant Discharge Elimination System Program and Federal Antidegradation Policy and the Proposed Revisions to the Water Quality Planning and Management Regulations Concerning Total Maximum Daily Loads, published in the Federal Register on August 23, 1999. (b) Consideration of Study.--Before making a final determination with respect to the proposed rules, the Administrator of the Environmental Protection Agency shall-- (1) review the report submitted by the National Academy of Sciences under section 3(d) and incorporate, as appropriate, into the proposed rules the recommendations contained in the report, including recommendations received pursuant to section 3(c); and (2) publish in the Federal Register and receive public comment on-- (A) the recommendations described in paragraph (1) that were incorporated into the proposed rules; and (B) the recommendations described in paragraph (1) that were not incorporated into the proposed rules, including an explanation of why the recommendations were not incorporated. (c) Effect on Proposed Rules.--The Administrator shall not make a final determination on the proposed rules identified in subsection (a) until the conclusion of the public notice and comment period provided under subsection (b)(2). (d) Prohibited Actions.--Except as specifically provided by an Act enacted after the date of enactment of this Act, to ensure that States continue to have exclusive authority to regulate nonpoint sources of pollution-- (1) the Administrator shall not take any action to affect any definition of, or distinction made between, point sources and nonpoint sources of pollution contained in a rule of the Environmental Protection Agency in effect on June 1, 2000; and (2) the Administrator shall not require approval of any measures set forth by a State to control nonpoint sources of pollution pursuant to the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), except as authorized by section 319 of such Act (33 U.S.C. 1329).

Requires the Administrator, before making a final determination with respect to the Proposed Revisions to the National Pollutant Discharge Elimination System Program and Federal Antidegradation Policy and the Proposed Revisions to the Water Quality Planning and Management Regulations Concerning Total Maximum Daily Loads of August 1999, to: (1) review the NAS report and incorporate recommendations into the proposed revisions; and (2) publish in the Federal Register and receive public comment on incorporated recommendations and those that weren't incorporated, with an explanation why they were not incorporated. Bars the Administrator from making such final determination until the conclusion of the public notice and comment period. Prohibits the Administrator, for purposes of ensuring that States continue to have exclusive authority to regulate nonpoint sources of pollution, from: (1) taking any action to affect any definition of, or distinction made between, point and nonpoint sources of pollution contained in an EPA rule in effect on June 1, 2000; and (2) requiring approval of any measures set forth by a State to control nonpoint sources of pollution pursuant to the Federal Water Pollution Control Act, except as authorized under specified provisions regarding nonpoint source management programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Settlements Act of 2015''. SEC. 2. INFORMATION REGARDING SETTLEMENT AGREEMENTS ENTERED INTO BY FEDERAL AGENCIES. (a) Requirements for Settlement Agreements.-- (1) In general.--Chapter 3 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 307. Information regarding settlement agreements ``(a) Definitions.--In this section-- ``(1) the term `covered settlement agreement' means a settlement agreement (including a consent decree)-- ``(A) that is entered into by an Executive agency; and ``(B)(i) that-- ``(I) relates to an alleged violation of Federal civil or criminal law; and ``(II) requires the payment of a total of not less than $1,000,000 by 1 or more non- Federal persons; or ``(ii) that-- ``(I) relates to the rule making process of the Executive agency or an alleged failure by the Executive agency to engage in a rule making process; and ``(II) requires the payment of a total of not less than $200,000 in attorney fees, costs, or expenses by the Executive agency or entity within the Federal Government to a non-Federal person; ``(2) the term `entity within the Federal Government' includes an officer or employee of the Federal Government acting in an official capacity; ``(3) the term `non-Federal person' means a person that is not an entity within the Federal Government; and ``(4) the term `rule making' has the meaning given that term under section 551(5). ``(b) Information To Be Posted Online.-- ``(1) Requirement.-- ``(A) In general.--Subject to subparagraph (B), the head of each Executive agency shall make publicly available in a searchable format in a prominent location on the Web site of the Executive agency-- ``(i) a list of each covered settlement agreement entered into by the Executive agency, which shall include, for each covered settlement agreement-- ``(I) the date on which the parties entered into the covered settlement agreement; ``(II) the names of the parties that settled claims under the covered settlement agreement; ``(III) a description of the claims each party settled under the covered settlement agreement; ``(IV) the amount each party settling a claim under the covered settlement agreement is obligated to pay under the settlement agreement; ``(V) the total amount the settling parties are obligated to pay under the settlement agreement; ``(VI) for each settling party-- ``(aa) the amount, if any, the settling party is obligated to pay that is expressly specified under the covered settlement agreement as a civil or criminal penalty or fine; and ``(bb) the amount, if any, that is expressly specified under the covered settlement agreement as not deductible for purposes of the Internal Revenue Code of 1986; and ``(VII) a description of where amounts collected under the covered settlement agreement will be deposited, including, if applicable, the deposit of such amounts in an account available for use for 1 or more programs of the Federal Government; and ``(ii) a copy of each covered settlement agreement entered into by the Executive agency. ``(B) Confidentiality provisions.--The requirement to disclose information or a copy of a covered settlement agreement under subparagraph (A) shall apply to the extent that the information or copy (or portion thereof) is not subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof). ``(2) Period.--The head of each Executive agency shall ensure that-- ``(A) information regarding a covered settlement agreement is publicly available on the list described in paragraph (1)(A)(i) for a period of not less than 5 years, beginning on the date of the covered settlement agreement; and ``(B) a copy of a covered settlement agreement made available under paragraph (1)(A)(ii) is publicly available-- ``(i) for a period of not less than 1 year, beginning on the date of the covered settlement agreement; or ``(ii) for a covered settlement agreement under which a non-Federal person is required to pay not less than $50,000,000, for a period of not less than 5 years, beginning on the date of the covered settlement agreement. ``(c) Public Statement.--If the head of an Executive agency determines that a confidentiality provision in a covered settlement agreement, or the sealing of a covered settlement agreement, is required to protect the public interest of the United States, the head of the Executive agency shall issue a public statement stating why such action is required to protect the public interest of the United States, which shall explain-- ``(1) what interests confidentiality protects; and ``(2) why the interests protected by confidentiality outweigh the public's interest in knowing about the conduct of the Federal Government and the expenditure of Federal resources. ``(d) Requirements for Written Public Statements.--Any written public statement issued by an Executive agency that refers to an amount to be paid by a non-Federal person under a covered settlement agreement shall-- ``(1) specify which portion, if any, of the amount to be paid under the covered settlement agreement by a non-Federal person-- ``(A) is expressly specified under the covered settlement agreement as a civil or criminal penalty or fine to be paid for a violation of Federal law; or ``(B) is expressly specified under the covered settlement agreement as not deductible for purposes of the Internal Revenue Code of 1986; ``(2) if no portion of the amount to be paid under the covered settlement agreement by a non-Federal person is expressly specified under the covered settlement agreement as a civil or criminal penalty or fine, include a statement specifying that is the case; and ``(3) describe in detail-- ``(A) any actions the non-Federal person shall take under the covered settlement agreement in lieu of payment to the Federal Government or a State or local government; and ``(B) any payments or compensation the non-Federal person shall make to other non-Federal persons under the covered settlement agreement. ``(e) Confidentiality.--The requirement to disclose information under subsection (d) shall apply to the extent that the information to be disclosed (or portion thereof) is not subject to a confidentiality provision that prohibits disclosure of the information (or portion thereof). ``(f) Reporting.-- ``(1) In general.--Not later than January 15 of each year, the head of an Executive agency that entered into a covered settlement agreement or that entered into a settlement agreement that involves regulatory action or regulatory changes during the previous fiscal year shall submit to each committee of Congress with jurisdiction over the activities of the Executive agency a report indicating-- ``(A) how many covered settlement agreements the Executive agency entered into during that fiscal year; ``(B) how many covered settlement agreements the Executive agency entered into during that fiscal year that had any terms or conditions that are required to be kept confidential; ``(C) how many covered settlement agreements the Executive agency entered into during that fiscal year for which all terms and conditions are required to be kept confidential; ``(D) the total amount of attorney fees, costs, and expenses paid to non-Federal persons under settlement agreements (including consent decrees) of the Executive agency during that fiscal year; and ``(E) the number of settlement agreements (including consent decrees) between the Executive agency and non-Federal persons that involve regulatory action or regulatory changes, including the promulgation of new rules, during that fiscal year. ``(2) Availability of reports.--The head of an Executive agency that is required to submit a report under paragraph (1) shall make the report publicly available in a searchable format in a prominent location on the Web site of the Executive agency.''. (2) Technical and conforming amendment.--The table of sections for chapter 3 of title 5, United States Code, is amended by adding at the end the following: ``307. Information regarding settlement agreements.''. (b) Review of Confidentiality of Settlement Agreements.--Not later than 6 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report regarding how Executive agencies (as defined under section 105 of title 5, United States Code) determine whether the terms of a settlement agreement or the existence of a settlement agreement will be treated as confidential, which shall include recommendations, if any, for legislative or administrative action to increase the transparency of Government settlements while continuing to protect the legitimate interests that confidentiality provisions serve. Passed the Senate September 21, 2015. Attest: JULIE E. ADAMS, Secretary.

(This measure has not been amended since it was passed by the Senate on September 21, 2015. Truth in Settlements Act of 2015 Sets forth new requirements for the public disclosure of any covered settlement agreement entered into by a federal executive agency.  (Sec. 2) Defines "covered settlement agreement" as a settlement agreement (including a consent decree) that: (1) is entered into by an executive agency, relates to an alleged violation of federal civil or criminal law, and requires the payment of not less than $1 million by one or more non-federal persons (entities not within the federal government); or (2) relates to the rulemaking process or an alleged failure of an executive agency to engage in such process and requires the payment of not less than $200,000 in attorney fees, costs, or expenses by an executive agency to a non-federal person. Requires agency heads to make publicly available on the agency website a copy of each covered settlement agreement entered into by the agency and a list for each agreement, which shall include: the names of the parties to the settlement agreement and the date of such agreement; a description of the claims that were settled under the agreement; the amount each party to the agreement is obligated to pay under the terms of the agreement and the total amounts required to be paid; for each settling party, the amount the settling party is obligated to pay that has been expressly specified as a civil or criminal penalty or fine and any amount expressly specified as not deductible for tax purposes; and a description of where amounts collected under the agreement will be deposited. Requires each agency to ensure that: (1) such information remains publicly available for not less than 5 years beginning on the date of the agreement, and (2) a copy of a covered settlement agreement remains publicly available for not less than 1 year beginning on such date or for not less than 5 years in the case of an agreement under which a non-federal person is required to pay at least $50 million. Exempts the provisions of a covered settlement agreement that are subject to a confidentiality agreement from disclosure. Directs an agency to issue a public statement explaining any determination that confidentiality of an agreement is required to protect U.S. interests. Requires agencies to submit an annual report indicating: how many covered settlement agreements the agency entered into during the previous fiscal year; how many of such agreements had terms or conditions that were required to be kept confidential; the total amount of attorney fees, costs, and expenses paid to non-federal persons under such agreements; and the number of such agreements between the agency and non-federal persons that involved regulatory action or regulatory changes during that fiscal year. Directs the Comptroller General to report to Congress on how agencies determine whether the terms or existence of a settlement agreement will be treated as confidential.