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SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``Class Action Jurisdiction Act of 1998''. (b) Reference.--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 28, United States Code. SEC. 2. JURISDICTION OF DISTRICT COURTS. (a) Expansion of Federal Jurisdiction.--Section 1332 is amended by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively, and by inserting after subsection (a) the following: ``(b)(1) The district courts shall have original jurisdiction of any civil action, regardless of the sum or value of the matter in controversy therein, which is brought as a class action and in which-- ``(A) any member of a proposed plaintiff class is a citizen of a State different from any defendant; ``(B) any member of a proposed plaintiff class is a foreign state or a citizen or subject of a foreign state and any defendant is a citizen of a State; or ``(C) any member of a proposed plaintiff class is a citizen of a State and any defendant is a citizen or subject of a foreign state. As used in this paragraph, the term `foreign state' has the meaning given that term in section 1603(a). ``(2)(A) In a civil action described in paragraph (1) in which-- ``(i) the substantial majority of the members of all proposed plaintiff classes are citizens of a single State of which the primary defendants are also citizens, and ``(ii) the claims asserted will be governed primarily by the laws of that State, the district court should abstain from hearing such action. ``(B) In a civil action described in paragraph (1) in which-- ``(i) all matters in controversy asserted by the individual members of all proposed plaintiff classes in the aggregate do not exceed the sum or value of $1,000,000, exclusive of interest and costs, ``(ii) the number of members of all proposed plaintiff classes in the aggregate is less than 100, or ``(iii) the primary defendants are States, State officials, or other governmental entities against whom the district court may be foreclosed from ordering relief, the district court may, in its discretion, abstain from hearing such action. ``(3)(A) Paragraph (1) and section 1453 shall not apply to any class action that is brought under the Securities Act of 1933. ``(B) Paragraph (1) and section 1453 shall not apply to a class action described in subparagraph (C) that is based upon the statutory or common law of the State in which the issuer concerned is incorporated (in the case of a corporation) or organized (in the case of any other entity). ``(C) A class action is described in this subparagraph if it involves-- ``(i) the purchase or sale of securities by an issuer or an affiliate of an issuer exclusively from or to holders of equity securities of the issuer; or ``(ii) any recommendation, position, or other communication with respect to the sale of securities of an issuer that-- ``(I) is made by or on behalf of the issuer or an affiliate of the issuer to holders of equity securities of the issuer; and ``(II) concerns decisions of those equity holders with respect to voting their securities, acting in response to a tender or exchange offer, or exercising dissenters' or appraisal rights. ``(D) As used in this paragraph, the terms `issuer', `security', and `equity security' have the meanings given those terms in section 3 of the Securities Exchange Act of 1934.''. (b) Conforming Amendment.--Section 1332(c) (as redesignated by this section) is amended by inserting after ``Federal courts'' the following: ``pursuant to subsection (a) of this section''. (c) Determination of Diversity.--Section 1332, as amended by this section, is further amended by adding at the end the following: ``(f) For purposes of subsection (b), a member of a proposed class shall be deemed to be a citizen of a State different from a defendant corporation only if that member is a citizen of a State different from all States of which the defendant corporation is deemed a citizen.''. SEC. 3. REMOVAL OF CLASS ACTIONS. (a) In General.--Chapter 89 is amended by adding after section 1452 the following: ``Sec. 1453. Removal of class actions ``(a) In General.--A class action may be removed to a district court of the United States in accordance with this chapter, except that such action may be removed-- ``(1) by any defendant without the consent of all defendants; or ``(2) by any plaintiff class member who is not a named or representative class member of the action for which removal is sought, without the consent of all members of such class. ``(b) When Removable.--This section shall apply to any class action before or after the entry of any order certifying a class. ``(c) Procedure for Removal.--The provisions of section 1446(a) relating to a defendant removing a case shall apply to a plaintiff removing a case under this section. With respect to the application of subsection (b) of such section, the requirement relating to the 30-day filing period shall be met if a plaintiff class member who is not a named or representative class member of the action for which removal is sought files notice of removal within 30 days after receipt by such class member, through service or otherwise, of the initial written notice of the class action provided at the district court's direction in accordance with Rule 23(c)(2) of the Federal Rules of Civil Procedure.''. (b) Removal Limitations.--Section 1446(b) is amended in the second sentence-- (1) by inserting ``, by exercising due diligence,'' after ``ascertained''; and (2) by inserting ``(a)'' after ``section 1332''. (c) Technical and Conforming Amendments.--The table of sections for chapter 89 is amended by adding after the item relating to section 1452 the following: ``1453. Removal of class actions.''. (d) Application of Substantive State Law.--Nothing in this section or the amendments made by this section shall alter the substantive law applicable to an action to which the amendments made by section 2 of this Act apply. (e) Procedure After Removal.--Section 1447 is amended by adding at the end the following new subsection: ``(f) If, after removal, the court determines that no aspect of an action that is subject to its jurisdiction solely under the provisions of section 1332(b) may be maintained as a class action under Rule 23 of the Federal Rules of Civil Procedure, the court shall strike the class allegations from the action and remand the action to the State court. Upon remand of the action, the period of limitations for any claim that was asserted in the action on behalf of any named or unnamed member of any proposed class shall be deemed tolled to the full extent provided under Federal law.''. SEC. 4. APPLICABILITY. The amendments made by this Act shall apply to any action commenced on or after the date of the enactment of this Act. SEC. 5. GAO STUDY. The Comptroller General of the United States shall, by not later than 1 year after the date of the enactment of this Act, conduct a study of the impact of the amendments made by this Act on the workload of the Federal courts, and report to the Congress on the results of the study.

Class Action Jurisdiction Act of 1998 - Amends the Federal judicial code to grant the district courts original jurisdiction of any civil action, regardless of the sum or value of the matter in controversy, which is brought as a class action in which any member of a proposed plaintiff class is: (1) a citizen of a State different from any defendant; (2) a foreign state or a citizen or subject of a foreign state and any defendant is a citizen of a State; or (3) a citizen of a State and any defendant is a citizen or subject of a foreign state. Directs the district court to abstain from hearing any such action in which: (1) the substantial majority of the members of all proposed plaintiff classes are citizens of a single State of which the primary defendants are also citizens; and (2) the claims asserted will be governed primarily by the laws of that State. Authorizes the district court to abstain from hearing any such action in which: (1) all matters in controversy asserted by the individual members of all proposed plaintiff classes in the aggregate do not exceed the sum or value of $1 million, exclusive of interest and costs; (2) the number of members of all proposed plaintiff classes in the aggregate is less than 100; or (3) the primary defendants are States, State officials, or other governmental entities against whom the district court may be foreclosed from ordering relief. Makes provisions of this Act regarding district court jurisdiction and removal of class actions ( see sec. 3) inapplicable to any class action that is brought under the Securities Act of 1933 and to specified other securities-related class actions. Considers a member of a proposed class to be a citizen of a State different from a defendant corporation only if that member is a citizen of a State different from all States of which the defendant corporation is deemed a citizen. (Sec. 3) Authorizes a class action to be removed to a United States district court by any: (1) defendant without the consent of all defendants; or (2) plaintiff class member who is not a named or representative class member of the action for which removal is sought, without the consent of all members of such class. Makes such provision applicable to any class action before or after the entry of any order certifying a class. Specifies that the removal requirement relating to the 30-day filing period shall be met if a plaintiff class member who is not a named or representative class member of the action for which removal is sought files notice of removal within 30 days after receipt by such class member of the initial written notice of the class action provided at the district court's direction in accordance with rule 23 of the Federal Rules of Civil Procedure. Provides that if the case stated by the initial pleading is not removable, a notice of removal may be filed within 30 days after defendant's receipt of a copy of an amended paper from which it may first be ascertained by exercising due diligence (exercising due diligence is not a requirement of current law) that the case is one which is or has become removable, with an exception. Directs the court to strike the class allegations from the action and remand it to State court, if, after removal, it determines that no aspect of an action that is subject to its jurisdiction may be maintained as a class action under rule 23. Provides that upon remand of the action, the period of limitations for any claim that was asserted in the action on behalf of any named or unnamed member of any proposed class shall be deemed tolled as provided under Federal law. (Sec. 5) Directs the Comptroller General of the United States to conduct a study of the impact of the amendments made by this Act on the workload of the Federal courts, and to report the results to the Congress.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Essential Air Service Modernization Act of 2003''. SEC. 2. AUTHORIZATION. Section 41742(a)(2) is amended by striking ``$15,000,000'' and inserting ``$75,000,000''. SEC. 3. TERMINATION NOTICE. Section 41733 of title 49, United States Code, is amended by adding at the end the following-- ``(f) Termination Notice.--If the Secretary decides to terminate basic essential service to an eligible place, the Secretary shall notify the affected community not less than 90 days before such service is to be terminated.''. SEC. 4. JOINT PROPOSALS. (a) In General.--Section 41740 of title 49, United States Code, is amended by adding at the end the following: ``The Secretary shall facilitate and assist in establishing negotiations between major and national air carriers and air carriers that provide essential air service to an eligible place in order to determine equitable joint fares.''. (b) Report.--Not later than 12 months after enactment of this Act, the Secretary shall transmit a report to Congress regarding the progress and effectiveness of implementation of the amendment made by subsection (a). SEC. 5. COMMUNITY AND REGIONAL CHOICE PROGRAM. (a) In General.--Subchapter II of chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 41745. Community and regional choice program ``(a) Establishment.--The Secretary of Transportation shall establish an alternate essential air service program in accordance with the requirements of this section. ``(b) Compensation to Eligible Places.--In carrying out the program, the Secretary, instead of paying compensation to an air carrier to provide essential air service to an eligible place, may pay compensation directly to a unit of local government having jurisdiction over the eligible place or a State within the boundaries of which the eligible place is located. ``(c) Use of Compensation.--A unit of local government or State receiving compensation for an eligible place under the program shall use the compensation for any of the following purposes: ``(1) To provide assistance to an air carrier to provide scheduled air service to and from the eligible place, without being subject to the requirements of 41732(b). ``(2) To provide assistance to a person to provide scheduled or on-demand air taxi service to and from the eligible place and a non-hub or a small, medium, or large hub. ``(3) To provide assistance to a person to provide scheduled or on-demand surface transportation to and from the eligible place and a non-hub or a small, medium, or large hub. ``(4) In combination with other units of local government in the same region, to provide transportation services to and from all the eligible places in that region at an airport or other transportation center that can serve all the eligible places in that region. ``(d) Applications.-- ``(1) In general.--A unit of local government or State seeking to participate in the program for an eligible place shall submit to the Secretary an application in such form and containing such information as the Secretary may require. ``(2) Required information.--At a minimum, the application shall include-- ``(A) a statement of the amount of compensation required; and ``(B) a description of how the compensation will be used. ``(e) Participation Requirements.--An eligible place for which compensation is received under the program in a fiscal year shall not be eligible to receive in that fiscal year the essential air service that it would otherwise be entitled to under this subchapter. ``(f) Subsequent Participation.--A unit of local government participating in the program under this section in a fiscal year shall not be prohibited from participating in the basic essential air service program under this chapter in a subsequent fiscal year if such unit is otherwise eligible to participate in such basic program. ``(g) Funding.--Amounts appropriated or otherwise made available to carry out the essential air service program under this subchapter shall be available to carry out this section. ``Sec. 41746. Compensation for units of local government ``Of the amounts made available under section 41742(a) the Secretary shall pay directly to a unit of local government having jurisdiction over the eligible place not less than $5,000 for such fiscal year to promote public use of the air service or transportation for which compensation is being paid.''. (b) Conforming Amendment.--The analysis for such chapter is amended by inserting after the item relating to section 41744 the following: ``41745. Community and regional choice program. ``41746. Compensation for units of local government.''.

Essential Air Service Modernization Act of 2003 - Increases the authorization of appropriations to carry out the essential air service program. Requires the Secretary to: (1) notify an affected community at least 90 days before the basic essential service to that community is terminated: (2) facilitate and assist in negotiations between major and national air carriers and carriers that provide essential air service in order to determine equitable joint fares; (3) establish an alternate essential air service program which would provide compensation directly to local governments, instead of to air carriers, to use to obtain air service, to obtain surface transportation to and from air hubs, or to participate with other local governments in providing regional transportation services to airports; and (4) pay $5,000 to local governments to promote public use of air service or transportation for which compensation is received under the program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voluntary Grazing Permit Buyout Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Commercial livestock grazing on Federal lands is increasingly difficult for grazing permittees and lessees due to growing conflicts with other legitimate multiple uses of those lands, such as environmental protection and burgeoning recreational use, and with congressionally mandated goals of wildlife and habitat protection and improved water quality and quantity. (2) The recreational use of Federal lands often leads to conflicts with commercial livestock grazing on the same lands, because some recreationists damage property related to the grazing operations or disturb livestock, rendering many grazing operations on Federal lands uneconomical. (3) A combination of sustained drought, foreign competition, changing domestic markets, industry restructuring, and individual ranch situations has resulted in grazing permits and leases becoming stranded investments for many permittees and lessees. (4) Many permittees and lessees would like to retire, but do not have family members willing or able to take over ranch operations. (5) Attempts to resolve grazing conflicts with other multiple uses often require extensive range developments and monitoring that greatly increases costs to both permittees and lessees and taxpayers, far out of proportion to the benefit received. (6) Certain grazing allotments on Federal lands have, or are likely to become, unsuitable for livestock production as a result of the combined effect of the aforementioned factors. (7) The cost of the Federal grazing program greatly exceeds revenues to the Federal treasury from grazing receipts. (8) Many Federal grazing permittees and lessees have indicated their desire to end their livestock grazing on Federal lands in exchange for a one-time payment to reasonably compensate them for the effort and investment that they have made in a grazing allotment. (9) Compensating permittees and lessees who relinquish their grazing permit or lease and end livestock grazing on Federal lands would help recapitalize an ailing sector of rural America, by providing economic options to permittees and lessees that do not presently exist and allowing them to restructure their ranch operations, start new businesses, retire with security, or provide a family legacy. (10) Reasonable compensation for the relinquishment of a grazing permit or lease will help alleviate the need for permittees and lessees to sell or subdivide their private lands. (11) A voluntary buyout program for grazing permits and leases will help resolve growing conflicts between livestock grazing and other multiple uses, and would be ecologically imperative, economically rational, fiscally prudent, and socially just. SEC. 3. DEFINITIONS. In this Act: (1) The term ``animal unit month'' means the amount of forage needed to sustain one animal unit for one month, as determined by the Secretary issuing the grazing permit or lease. (2) The terms ``grazing permit or lease'' and ``grazing permit and lease'' mean any document authorizing the use of Federal lands for the purpose of grazing domestic livestock. (3) The term ``grazing allotment'' means the designated portion of Federal land upon which domestic livestock are permitted to graze by a grazing permit or lease. (4) The terms ``permittee or lessee'' and ``permittee and lessee'' mean a livestock operator who holds a valid term grazing permit or lease. (5) The term ``range developments'' means structures, fences and other permanent fixtures placed on Federal lands for the furtherance of the purpose of grazing domestic livestock. The term does not include rolling stock, livestock and diversions of water from Federal lands onto non-Federal lands. (6) The term ``Secretary'' means the Secretary of Agriculture, the Secretary of the Interior, the Secretary of Energy, or the Secretary of Defense, as appropriate to the administration of the grazing permit or lease at issue. SEC. 4. VOLUNTARY GRAZING PERMIT BUYOUT PROGRAM. (a) Waiver of Existing Grazing Permit or Lease.--A permittee or lessee may waive to the Secretary, at any time, a valid existing grazing permit or lease authorizing livestock grazing on Federal lands. (b) Cancellation of Waived Grazing Permit or Lease.--The Secretary shall cancel grazing permits and leases waived under this section and permanently retire the associated allotments from domestic livestock grazing use notwithstanding any other provision of law. (c) Waiver Priority.--If funds available to carry out this Act are insufficient to meet all of the offers for the waiver of grazing permits and leases, the Secretary shall give priority to the waiver of grazing permits and leases that authorize grazing on the following Federal lands: (1) National Wilderness Preservation System unit. (2) National Wild and Scenic River System unit. (3) National Park System unit. (4) National Wildlife Refuge System unit. (5) An allotment that includes a trail within the National Trails System. (6) National Landscape Conservation System unit. (7) Designated critical habitat for species listed under the Endangered Species Act of 1973. (8) Designated wilderness study area. (9) Roadless and undeveloped areas identified in Forest Service, Roadless Area Conservation EIS, vol. 2 (Nov. 2000). (10) Designated Bureau of Land Management Area of Critical Environmental Concern. (11) Designated Research Natural Area. (12) An allotment that includes a ``water quality limited'' stream listed under section 303(d) of the Federal Water Pollution Control Act. (13) Stream segments identified as a ``study river'' under section 5(a) of the Wild and Scenic Rivers Act. (14) Stream segments identified by the Secretary under section 5(d)(1) of the Wild and Scenic Rivers Act. (15) An allotment featuring other scientific, ecological, scenic, watershed or recreation values. (d) Relation to Eminent Domain.--Nothing in this Act shall be interpreted to authorize the use of eminent domain for the purpose of acquiring a Federal grazing permit or lease. SEC. 5. COMPENSATION FOR WAIVED GRAZING PERMIT OR LEASE. (a) Compensation Required; Amount.--A permittee or lessee who waives a grazing permit or lease to the Secretary under section 4(a) shall be compensated at $175 per animal unit month, based on the average grazing use over the preceding 10 years the allotment was grazed, as stipulated by the grazing permit or lease and paid for by the permittee or lessee or the predecessors of the permittee or lessee. Years of grazing nonuse are excluded from this average. In the case that a permittee or lessee is in arrears of Federal grazing fees, the amount of fees in arrears shall be deducted from the amount of compensation otherwise due the permittee or lessee under this section. (b) Effects of Issuance of Certain Permits or Leases.--A permittee or lessee who seeks to waive a grazing permit or lease under section 4 for a grazing allotment that was vacant or vacated as of the date of the enactment of this Act shall only be eligible for compensation under this section based on the average grazing use over the last ten years, including any years of grazing nonuse. (c) Donation of Existing Permit or Lease.--A permittee or lessee may at any time waive their claim to compensation under this section and donate to the Secretary a valid existing grazing permit or lease authorizing livestock grazing on Federal lands. The Secretary shall cancel donated grazing permits or leases and permanently retire the associated allotments from domestic livestock grazing use, notwithstanding any other provision of law. (d) Relation to Other Authority.--Nothing in this Act shall be construed to affect the Secretary's authority to otherwise modify or terminate grazing permits or leases without compensation. Compensation disbursed pursuant to this section shall not create a property right in grazing permittees or lessees. SEC. 6. EFFECT OF WAIVER OR DONATION OF GRAZING PERMIT OR LEASE. (a) Effect on Range Developments.--A permittee or lessee who waives a grazing permit or lease to the Secretary under section 4 and receives compensation under section 5, or donates a grazing permit or lease under section 6, shall be deemed to have waived any claim to all range developments on the subject grazing allotments, notwithstanding any other provision of law. (b) Securing Retired Allotments Against Unauthorized Use.--The Secretary shall ensure that allotments retired from grazing under this Act are rendered reasonably secure from trespass grazing by livestock. (c) Relation to Other Valid Existing Rights.--Nothing in this Act affects the allocation, ownership, interest or control, in existence on the date of enactment of this Act, of any water, water right, or any other valid existing right held by the United States, Indian tribe, State, or private individual, partnership or corporation. SEC. 7. RETIREMENT OF GRAZING ALLOTMENTS FOR WHICH NO VALID GRAZING PERMIT OR LEASE EXISTS. The Secretary shall not issue grazing permits or leases for grazing allotments for which no valid permit or lease exists as of the date of the enactment of this Act, and shall permanently retire the allotments from domestic livestock grazing use notwithstanding any other provision of law. SEC. 8. EFFECT OF NONUSE OR REDUCED USE. Notwithstanding any other provision of law, a permittee or lessee may opt not to graze a grazing allotment or to graze the grazing allotment at less than the minimum permitted level and still retain the grazing permit or lease for the remainder of its term. Such nonuse shall be considered to be in compliance with the terms of the grazing permit or lease when it becomes due for renewal. SEC. 9. AUTHORIZATION OF APPROPRIATION. There is authorized to be appropriated to the Secretaries $100,000,000, to remain available until expended, to provide compensation to permittees and lessees under section 5. None of the funds appropriated pursuant to this section shall be used by any Federal agency for administrative costs related to the purposes of this Act.

Voluntary Grazing Permit Buyout Act - Establishes a voluntary grazing permit and lease buyout program for commercial livestock operators on Federal land. Sets forth land priorities if funds are insufficient to meet all buyouts. Provides for the permanent retirement of grazing allotments which have no valid grazing permits or allotment leases. States that a permittee or lessee shall maintain the permit or lease for the remainder of its term in instances of nonuse or reduced use.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoration of Legal Rights for Claimants under Holocaust-Era Insurance Policies Act of 2010''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) allow for the enforcement of State laws requiring the disclosure of information about Holocaust-era insurance policies, notwithstanding the holding of the Supreme Court of the United States in American Insurance Association v. Garamendi, 539 U.S. 396 (2003) that such laws are preempted by the foreign policy espoused by the executive branch of the Federal Government addressed in that case; (2) facilitate the disclosure of information about Holocaust-era insurance policies under applicable State laws so that citizens of the United States (and other persons on whose behalf such laws were enacted) may know whether they hold any rights under the policies; (3) allow the beneficiaries of Holocaust-era insurance policies, many of whom are citizens of the United States, to bring suits in the courts of the United States to recover any proceeds under the policies to which they may be entitled, notwithstanding the defense that such suits are preempted by the executive-branch foreign policy addressed in Garamendi; (4) foreclose defenses to claims brought under section 4 of this Act arising from any prior judgments or settlement agreements (including the class action judgment and settlement agreement (M 21-89, United States District Court for the Southern District of New York) in In re: Assicurazioni General S.p.A. Holocaust Insurance Litigation)) that were entered and approved based on the erroneous conclusion that State-law claims to recover under Holocaust-era insurance claims are preempted by the executive-branch foreign policy addressed in Garamendi; (5) provide for a uniform statute of limitations of 10 years after the date of enactment of this Act in any action to recover under Holocaust-era insurance policies under this Act or State law; and (6) in carrying out the purposes described in paragraphs (1) through (5), preserve the lawmaking powers of Congress under article I of the Constitution of the United States, with which the judicial decisions cited in this section are inconsistent. SEC. 3. DEFINITIONS. In this Act: (1) Beneficiary.--The term ``beneficiary'' includes-- (A) a named insured or named beneficiary under a covered policy; and (B) an heir, assignee, or legal representative of a named insured or named beneficiary described in subparagraph (A). (2) Covered policy.--The term ``covered policy'' means any life, dowry, education, annuity, property, or other insurance policy that was-- (A) in effect at any time during the period beginning on January 31, 1933, and ending on December 31, 1945; and (B) issued to a policyholder domiciled in-- (i) any area that was occupied or controlled by Nazi Germany; or (ii) the territorial jurisdiction of Switzerland. (3) Insurer.--The term ``insurer''-- (A) means any person engaged in the business of insurance (including reinsurance) in interstate or foreign commerce that issued a covered policy; and (B) includes any successor in interest to a person described in subparagraph (A). (4) Nazi germany.--The term ``Nazi Germany'' means-- (A) the Nazi government of Germany; and (B) any government that-- (i) had friendly relations with the Nazi government of Germany; (ii) was allied with or controlled by the Nazi government of Germany; or (iii) exercised or claimed sovereignty over any area occupied by the military forces of the Nazi government of Germany. (5) Related company.--The term ``related company'' means an affiliate, as that term is defined in section 104(g) of the Gramm-Leach-Bliley Act (15 U.S.C. 6701(g)). SEC. 4. PRIVATE RIGHT OF ACTION; CIVIL ACTIONS. (a) Civil Actions To Recover Under Covered Policies.--A beneficiary of a covered policy may bring a civil action against the insurer for the covered policy or a related company of the insurer to recover proceeds due under the covered policy or otherwise to enforce any rights under the covered policy. (b) Nationwide Service of Process.--For a civil action brought under subsection (a) in a district court of the United States, process may be served in the judicial district where the case is brought or any other judicial district of the United States where the defendant may be found, resides, has an agent, or transacts business. (c) Remedies.-- (1) Damages.-- (A) In general.--A court shall award to a prevailing beneficiary in a civil action brought under subsection (a)-- (i) the amount of the proceeds due under the covered policy; (ii) prejudgment interest on the amount described in clause (i) from the date the amount was due until the date of judgment, calculated at a rate of 6 percent per year, compounded annually; and (iii) any other appropriate relief necessary to enforce rights under the covered policy. (B) Treble damages.--If a court finds that an insurer or related company of the insurer acted in bad faith, the court shall award damages in an amount equal to 3 times the amount otherwise to be awarded under subparagraph (A). (2) Attorney's fees and costs.--A court shall award reasonable attorney's fees and costs to a prevailing beneficiary in a civil action brought under subsection (a). (d) Limitation.--A civil action may not be brought under this section on or after the date that is 10 years after the date of enactment of this Act. SEC. 5. EFFECT OF PRIOR JUDGMENTS AND RELEASES. (a) In General.-- (1) Effect.--Subject to subsection (b)(1), a judgment or release described in paragraph (2) shall not preclude, foreclose, bar, release, waive, acquit, discharge, or otherwise impair any claim brought under section 4 by any person. (2) Judgments and releases.--A judgment or release described in this paragraph is-- (A) a judgment entered before the date of enactment of this Act for any claim arising under a covered policy in any civil action in a Federal or State court; or (B) an agreement entered into before the date of enactment of this Act under which any person (on behalf of the person, any other person, or a class of persons) agrees not to assert or agrees to waive or release any claim described in subparagraph (A), regardless of whether the agreement is-- (i) denominated as a release, discharge, covenant not to sue, or otherwise; or (ii) approved by a court. (b) Rules of Construction.-- (1) In general.--Except as provided in paragraph (2), nothing in this section shall affect the validity or enforceability of any agreement entered into between any claimant under a covered policy and the International Commission on Holocaust Era Insurance Claims or an insurer under which the claimant has agreed to release or waive any claim in consideration for payment under a covered policy. (2) Exception.--Paragraph (1) shall not apply to any agreement for which the payment is denominated as humanitarian by the International Commission on Holocaust Era Insurance Claims. SEC. 6. EFFECT OF EXECUTIVE AGREEMENTS AND EXECUTIVE FOREIGN POLICY. (a) Effect of Executive Agreements and Executive Foreign Policy on State Laws.--An executive agreement described in subsection (c)(1) and an executive foreign policy described in subsection (c)(2) shall not supercede or preempt the law of any State-- (1) relating to a claim under or relating to a covered policy against the insurer for the covered policy or a related company of the insurer; or (2) that requires an insurer doing business in the State or any related company of the insurer to disclose information regarding a covered policy issued by the insurer. (b) Effect of Executive Agreements and Executive Foreign Policy on Claims Brought Under This Act.--An executive agreement described in subsection (c)(1) and an executive foreign policy described in subsection (c)(2) shall not compromise, settle, extinguish, waive, preclude, bar, or foreclose a claim brought under section 4. (c) Executive Agreements and Executive Foreign Policy Covered.-- (1) Executive agreements.--An executive agreement described in this paragraph is an executive agreement between the United States and a foreign government entered into before, on, or after the date of enactment of this Act. (2) Executive foreign policy.--An executive foreign policy described in this paragraph is a foreign policy of the executive branch of the Federal Government established before, on, or after the date of enactment of this Act. SEC. 7. EFFECT ON STATE LAWS. Nothing in this Act shall supersede or preempt any State law except to the extent the law of the State conflicts with this Act. SEC. 8. TIMELINESS OF ACTIONS BROUGHT UNDER STATE LAW. A claim brought under any State law described in section 6(a) shall not be deemed untimely on the basis of any State or Federal statute of limitations or on the basis of any other legal or equitable rule or doctrine (including laches) governing the timeliness of claims if the claim is filed not later than 10 years after the date of enactment of this Act. SEC. 9. SEVERABILITY. If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of such provision to any other person or circumstance shall not be affected thereby. SEC. 10. EFFECTIVE DATE; APPLICABILITY. This Act shall-- (1) take effect on the date of enactment of this Act; and (2) apply to any claim relating to a covered policy that is brought, before, on, or after the date of enactment of this Act.

Restoration of Legal Rights for Claimants under Holocaust-Era Insurance Policies Act of 2010 - Allows a beneficiary (including an heir, assignee, or legal representative of a named insured or beneficiary) of a Holocaust-era life, dowry, education, annuity, property, or other insurance policy to bring a civil action in a U.S. district court against the insurer for the covered policy (or a related company of the insurer) to recover proceeds due or otherwise to enforce any rights under the policy. Covers any such policy issued to a policyholder domiciled in any area that was occupied or controlled by Nazi Germany (or by an ally or friendly government) or the territorial jurisdiction of Switzerland. Requires the award to a prevailing beneficiary of the amount of the proceeds due under the policy, plus prejudgment interest at 6% per year, compounded annually, calculated from the date the amount was originally due. Requires the award of treble damages against any insurer or related company that acted in bad faith. Sets a 10-year statute of limitations for claims filed under this Act. Declares that any prior judgment or release entered for any claim arising under a covered policy in any civil action in a federal or state court shall not preclude, foreclose, bar, release, waive, acquit, discharge, or otherwise impair any claim brought under this Act by any person. Declares that any executive agreement between the United States and a foreign government entered into, or any executive foreign policy of the U.S. government established, before, on, or after the enactment of this Act, shall not supercede or preempt any state law or compromise, settle, extinguish, waive, preclude, bar, or foreclose any claim brought under this Act.

SECTION 1. CREDIT FOR QUALIFIED EXPENDITURES FOR MEDICAL PROFESSIONAL MALPRACTICE INSURANCE. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business tax credits) is amended by adding at the end the following: ``SEC. 45G. CREDIT FOR EXPENDITURES FOR MEDICAL PROFESSIONAL MALPRACTICE INSURANCE. ``(a) General Rule.--For purposes of section 38, in the case of a taxpayer which is an eligible person, the medical malpractice insurance expenditure tax credit determined under this section for a covered year shall equal the applicable percentage of the qualified medical malpractice insurance expenditures incurred by an eligible person during the covered year. ``(b) Applicable Percentage.--For purposes of subsection (a), the applicable percentage is-- ``(1) in the case of an eligible person described in subsection (c)(2)(A), 20 percent, ``(2) in the case of an eligible person described in subsection (c)(2)(B), 10 percent, and ``(3) in the case of an eligible person described in subsection (c)(2)(C), 15 percent. ``(c) Definitions.--In this section: ``(1) Covered year.--The term `covered year' means taxable years beginning in 2003 and 2004. ``(2) Eligible person.--The term `eligible person' means-- ``(A) any physician (as defined in section 213(d)(4)) who practices in any surgical specialty or subspecialty, emergency medicine, obstetrics, anesthesiology or who does intervention work which is reflected in medical malpractice insurance expenditures, ``(B) any physician (as so defined) who practices in general medicine, allergy, dermatology, or pathology, and ``(C) any hospital or clinic, which meets applicable legal requirements to provide the health care services involved. ``(3) Qualified medical malpractice insurance expenditure.--The term `qualified medical malpractice insurance expenditure' means so much of any professional insurance premium, surcharge, payment or other cost or expense required as a condition of State licensure which is incurred by an eligible person in a covered year for the sole purpose of providing or furnishing general medical malpractice liability insurance for such eligible person as does not exceed twice the Statewide average of such costs for similarly situated eligible persons. ``(d) Special Rules.-- ``(1) In general.--Except as provided in paragraph (2), the credit determined under this section shall be claimed by the eligible person incurring the qualified medical malpractice insurance expenditure. ``(2) Certification.--Each State, through its board of medical licensure and State board (or agency) regulating insurance, annually shall provide such information to the Secretary of Health and Human Services as is necessary to permit the Secretary to calculate average costs for purposes of subsection (c)(3) and to certify such average costs (rounded to the nearest whole dollar) to the Secretary of the Treasury on or before the 15th day of November of each year. ``(e) Effective Date.--This section shall apply to qualified medical malpractice expenditures incurred after December 31, 2002.''. (b) Credit Made Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) the medical malpractice insurance expenditure tax credit determined under section 45G(a).''. (c) Limitation on Carryback.--Section 39(d) of the Internal Revenue Code of 1986 (relating to transition rules) is amended by adding at the end the following new paragraph: ``(11) No carryback of medical malpractice insurance expenditure tax credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45G may be carried back to any taxable year beginning before 2003.''. (d) Denial of Double Benefit.--Section 280C of the Internal Revenue Code of 1986 (relating to certain expenses for which credits are allowable) is amended by adding at the end the following new subsection: ``(d) Credit for Medical Malpractice Liability Insurance Premiums.-- ``(1) In general.--No deduction shall be allowed for that portion of the qualified medical malpractice insurance expenditures otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit allowable for the taxable year under section 45G (determined without regard to section 38(c)). ``(2) Controlled groups.--In the case of a corporation which is a member of a controlled group of corporations (within the meaning of section 41(f)(5)) or a trade or business which is treated as being under common control with other trades or business (within the meaning of section 41(f)(1)(B)), this subsection shall be applied under rules prescribed by the Secretary similar to the rules applicable under subparagraphs (A) and (B) of section 41(f)(1).''. (e) Grants to Non-Profit Hospitals and Clinics.-- (1) In general.--The Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, shall award grants to eligible non-profit hospitals and clinics to assist such hospitals and clinics in defraying qualified medical malpractice insurance expenditures. (2) Eligible non-profit hospital or clinic.--To be eligible to receive a grant under paragraph (1) an entity shall-- (A) be a non-profit hospital or clinic; (B) be unable to claim the tax credit described in section 45G of the Internal Revenue Code of 1986 for the year for which an application is submitted under subparagraph (C); and (C) prepare and submit to the Secretary of Health and Human Services an application at such time, in such manner, and containing such information as the Secretary may require. (3) Amount of grant.--The amount of a grant to a non-profit hospital or clinic under paragraph (1) shall equal 15 percent of the amount of the qualified medical malpractice insurance expenditures of the hospital or clinic for the year involved. (4) Qualified medical malpractice insurance expenditure.-- In this subsection, the term ``qualified medical malpractice insurance expenditure'' means so much of any professional insurance premium, surcharge, payment or other cost or expense required as a condition of State licensure which is incurred by a non-profit hospital or clinic in a year for the sole purpose of providing or furnishing general medical malpractice liability insurance for such hospital or clinic as does not exceed twice the Statewide average of such costs for similarly situated hospitals or clinics. (5) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection, such sums as may be necessary for each of fiscal years 2004 and 2005. (f) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45G. Credit for expenditures for medical professional malpractice insurance.''. (g) Effective Date.--The amendments made by this section shall apply to expenditures incurred after December 31, 2002.

Amends the Internal Revenue Code to provide a business tax credit for medical professional malpractice insurance according to the following schedule: (1) 20 percent of expenditures for any physician who practices in any surgical specialty or subspecialty, emergency medicine, obstetrics, anesthesiology, or who does intervention work which is reflected in medical malpractice insurance expenditures; (2) ten percent of expenditures for any physician who practices in general medicine, allergy, dermatology, or pathology; and (3) 15 percent of expenditures for any hospital or clinic.Directs the Secretary of Health and Human Services, through the Health Resources and Services Administration, to make grants to eligible nonprofit hospitals and clinics to pay 15 percent of qualified medical malpractice insurance costs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Judgeship Act of 2013''. SEC. 2. CIRCUIT JUDGES FOR THE CIRCUIT COURTS OF APPEALS. (a) In General.--The President shall appoint, by and with the advice and consent of the Senate-- (1) 4 additional circuit judges for the ninth circuit court of appeals; and (2) 1 additional circuit judge for the sixth circuit court of appeals. (b) Temporary Judgeship.-- (1) In general.--The President shall appoint, by and with the advice and consent of the Senate 1 additional circuit judge for the ninth circuit court of appeals. (2) Vacancy not filled.--The first vacancy in the office of circuit judge in the ninth circuit occurring 10 years or more after the confirmation date of the circuit judge named to fill the temporary circuit judgeship created in the ninth circuit by paragraph (1) shall not be filled. (c) Tables.--In order that the table contained in section 44 of title 28, United States Code, will, with respect to each judicial circuit, reflect the changes in the total number of permanent circuit judgeships authorized as a result of subsection (a) of this section, such table is amended to read as follows: Number of ``Circuits Judges District of Columbia....................................... 11 First...................................................... 6 Second..................................................... 13 Third...................................................... 14 Fourth..................................................... 15 Fifth...................................................... 17 Sixth...................................................... 17 Seventh.................................................... 11 Eighth..................................................... 11 Ninth...................................................... 33 Tenth...................................................... 12 Eleventh................................................... 12 Federal.................................................... 12.''. SEC. 3. DISTRICT JUDGES FOR THE DISTRICT COURTS. (a) In General.--The President shall appoint, by and with the advice and consent of the Senate-- (1) 1 additional district judge for the district of Delaware; (2) 6 additional district judges for the eastern district of California; (3) 2 additional district judges for the eastern district of Texas; (4) 4 additional district judges for the western district of Texas; (5) 6 additional district judges for the district of Arizona; (6) 10 additional district judges for the central district of California; (7) 5 additional district judges for the northern district of California; (8) 2 additional district judges for the district of Colorado; (9) 2 additional district judges for the western district of Washington; (10) 1 additional district judge for the southern district of Indiana; (11) 3 additional district judges for the southern district of Florida; (12) 5 additional district judges for the middle district of Florida; (13) 1 additional district judge for the western district of New York; (14) 1 additional district judge for the northern district of Florida; (15) 1 additional district judge for the western district of Wisconsin; (16) 3 additional district judges for the southern district of California; (17) 2 additional district judges for the eastern district of New York; (18) 2 additional district judges for the district of New Jersey; (19) 1 additional district judge for the district of Idaho; (20) 2 additional district judges for the southern district of Texas; (21) 1 additional district judge for the district of Minnesota; (22) 1 additional district judge for the northern district of Georgia; (23) 1 additional district judge for the district of Nevada; (24) 1 additional district judge for the district of New Mexico; and (25) 1 additional district judge for the southern district of New York. (b) Temporary Judgeships.-- (1) In general.--The President shall appoint, by and with the advice and consent of the Senate-- (A) 1 additional district judge for the eastern district of California; (B) 1 additional district judge for the western district of Texas; (C) 4 additional district judges for the district of Arizona; (D) 2 additional district judges for the central district of California; (E) 1 additional district judge for the northern district of California; (F) 1 additional district judge for the middle district of Florida; (G) 1 additional district judge for the southern district of California; (H) 1 additional district judge for the district of New Jersey; (I) 1 additional district judge for the district of Minnesota; (J) 1 additional district judge for the western district of Missouri; (K) 1 additional district judge for the northern district of Georgia; (L) 1 additional district judge for the district of Nevada; (M) 1 additional district judge for the district of Oregon; (N) 1 additional district judge for the southern district of New York; (O) 1 additional district judge for the middle district of Tennessee; and (P) 1 additional district judge for the eastern district of Virginia. (2) Vacancies not filled.-- (A) In general.--The first vacancy in the office of district judge in each of the offices of district judge authorized by paragraph (1), except for the district of Arizona and the central district of California, occurring 10 years or more after the confirmation date of the judge named to fill the temporary district judgeship created in the applicable district by this subsection, shall not be filled. (B) Arizona.--The first 4 vacancies in the office of district judge in the district of Arizona occurring 10 years or more after the date on which judge are confirmed to fill all 4 temporary district judgeships under paragraph (1)(C), shall not be filled. (C) Central district of california.--The first 2 vacancies in the office of district judge in the central district of California occurring 10 years or more after the date on which judge are confirmed to fill both temporary district judgeships under paragraph (1)(D), shall not be filled. (c) Existing Judgeships.--The existing judgeships for the district of Kansas and the eastern district of Missouri authorized by section 203(c) of the Judicial Improvements Act of 1990 (Public Law 101-650; 28 U.S.C. 133 note) and the existing judgeships for the eastern district of Texas, the district of Arizona, the central district of California, the southern district of Florida, the northern district of Alabama, and the district of New Mexico authorized by section 312(c) of the 21st Century Department of Justice Appropriations Authorization Act (Public Law 107-273, 28 U.S.C. 133 note), as of the effective date of this Act, shall be authorized under section 133 of title 28, United States Code, and the incumbents in those offices shall hold the office under section 133 of title 28, United States Code, as amended by this Act. (d) Tables.--In order that the table contained in section 133 of title 28, United States Code, will, with respect to each judicial district, reflect the changes in the total number of permanent district judgeships authorized as a result of subsections (a) and (c) of this section, such table is amended to read as follows: Number of ``Districts Judges Alabama: Northern................................................. 8 Middle................................................... 3 Southern................................................. 3 Alaska..................................................... 3 Arizona.................................................... 19 Arkansas: Eastern.................................................. 5 Western.................................................. 3 California: Northern................................................. 19 Eastern.................................................. 12 Central.................................................. 38 Southern................................................. 16 Colorado................................................... 9 Connecticut................................................ 8 Delaware................................................... 5 District of Columbia....................................... 15 Florida: Northern................................................. 5 Middle................................................... 20 Southern................................................. 21 Georgia: Northern................................................. 12 Middle................................................... 4 Southern................................................. 3 Hawaii..................................................... 3 Idaho...................................................... 3 Illinois: Northern................................................. 22 Central.................................................. 4 Southern................................................. 4 Indiana: Northern................................................. 5 Southern................................................. 6 Iowa: Northern................................................. 2 Southern................................................. 3 Kansas..................................................... 6 Kentucky: Eastern.................................................. 5 Western.................................................. 4 Eastern and Western...................................... 1 Louisiana: Eastern.................................................. 12 Middle................................................... 3 Western.................................................. 7 Maine...................................................... 3 Maryland................................................... 10 Massachusetts.............................................. 13 Michigan: Eastern.................................................. 15 Western.................................................. 4 Minnesota.................................................. 8 Mississippi: Northern................................................. 3 Southern................................................. 6 Missouri: Eastern.................................................. 7 Western.................................................. 5 Eastern and Western...................................... 2 Montana.................................................... 3 Nebraska................................................... 3 Nevada..................................................... 8 New Hampshire.............................................. 3 New Jersey................................................. 19 New Mexico................................................. 8 New York: Northern................................................. 5 Southern................................................. 29 Eastern.................................................. 17 Western.................................................. 5 North Carolina: Eastern.................................................. 4 Middle................................................... 4 Western.................................................. 4 North Dakota............................................... 2 Ohio: Northern................................................. 11 Southern................................................. 8 Oklahoma: Northern................................................. 3 Eastern.................................................. 1 Western.................................................. 6 Northern, Eastern, and Western........................... 1 Oregon..................................................... 6 Pennsylvania: Eastern.................................................. 22 Middle................................................... 6 Western.................................................. 10 Puerto Rico................................................ 7 Rhode Island............................................... 3 South Carolina............................................. 10 South Dakota............................................... 3 Tennessee: Eastern.................................................. 5 Middle................................................... 4 Western.................................................. 5 Texas: Northern................................................. 12 Southern................................................. 21 Eastern.................................................. 10 Western.................................................. 17 Utah....................................................... 5 Vermont.................................................... 2 Virginia: Eastern.................................................. 11 Western.................................................. 4 Washington: Eastern.................................................. 4 Western.................................................. 9 West Virginia: Northern................................................. 3 Southern................................................. 5 Wisconsin: Eastern.................................................. 5 Western.................................................. 3 Wyoming.................................................... 3.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, including such sums as may be necessary to provide appropriate space and facilities for the judicial positions created by this Act.

Federal Judgeship Act of 2013 - Directs the President, with advice and consent of the Senate, to appoint specified additional: (1) permanent circuit judges for the sixth and ninth circuit courts of appeals and a temporary judge for the ninth circuit; and (2) permanent district judges for various judicial districts of Arizona, California, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Minnesota, Nevada, New Jersey, New Mexico, New York, Texas, Washington, and Wisconsin and temporary district judges for Arizona, California, Florida, Georgia, Minnesota, Missouri, Nevada, New Jersey, New York, Oregon, Tennessee, Texas, and Virginia.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campaign Cost Reduction and Reform Act of 1993''. SEC. 2. DEFINITION OF QUALIFYING HOUSE OF REPRESENTATIVES CANDIDATE. Section 301(19) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(19)) is amended to read as follows: ``(19) The term `qualifying House of Representatives candidate' means a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, whose principal campaign committee includes in its statement of organization a declaration of intention under section 303(b)(7) and, by reason of such declaration, is subject to the expenditure limitations specified in section 315(i) or section 315(j).''. SEC. 3. AMENDMENTS TO DEFINITION OF CONTRIBUTION RELATING TO VALUATION FORMULA AND ENCOURAGEMENT CONTRIBUTIONS. Section 301(8)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(A)) is amended-- (1) in clause (i)-- (A) by inserting after ``anything of value'' the following: (such value to be determined by the highest of: cost to the person making the contribution, fair market value on the date of acquisition by the person making the contribution, or fair market value on the date of the contribution); and (B) by striking out ``or'' after the semicolon; (2) in clause (ii), by striking out the period and inserting in lieu thereof ``; and''; and (3) by adding at the end the following new clause: ``(iii) any gift, subscription, loan, advance, or deposit of money or anything of value (such value to be determined in the manner described in clause (i)) made by any person for the purpose of encouraging any specific individual who is not a candidate to become a candidate.''. SEC. 4. AMENDMENTS TO DEFINITION OF EXPENDITURE RELATING TO VALUATION FORMULA AND ENCOURAGEMENT EXPENDITURES. Section 301(9)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(9)(A)) is amended-- (1) in clause (i)-- (A) by inserting after ``anything of value'' the following: ``(such value to be determined by the highest of: cost to the person making the expenditure, fair market value on the date of acquisition by the person making the expenditure, or fair market value on the date of the expenditure); and (B) by striking out ``and'' after the semicolon; (2) in clause (ii), by striking out the period and inserting in lieu thereof ``; and''; and (3) by adding at the end the following new clause: ``(iii) any purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value (such value to be determined in the manner described in clause (i)) made by any person for the purpose of encouraging any specific individual who is not a candidate to become a candidate.''. SEC. 5. REGISTRATION AS QUALIFYING HOUSE OF REPRESENTATIVES CANDIDATE. (a) In General.--Section 303(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 433(b)) is amended-- (1) in paragraph (5), by striking out ``and'' after the semicolon at the end; (2) in paragraph (6), by striking out the period at the end and inserting in lieu thereof the following: ``and''; and (3) by adding at the end the following: ``(7) in the case of a principal campaign committee of a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, who desires to be a qualifying House of Representatives candidate, a declaration of intention of the candidate to comply voluntarily with all contribution limitations and expenditure limitations under this Act.''. (b) Amendment to Statement of Organization.--Section 303 of the Federal Election Campaign Act of 1971 (2 U.S.C. 433) is amended by adding at the end the following new subsection: ``(e)(1) In the case of a political committee referred to in paragraph (7) of subsection (b), if the statement of organization does not include a declaration referred to in that paragraph, the committee may amend the statement to include such declaration, if such amendment is filed under section 302(g) not later than the day the candidate becomes a candidate for purposes of State law. ``(2) A declaration of intention that is included in a statement of organization under paragraph (7) of subsection (b), whether in the original filing or by amendment, may not be revoked.''. SEC. 6. AMENDMENT TO DEFINITION OF INDEPENDENT EXPENDITURE. Section 301(17) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(17)) is amended by adding at the end the following: ``An expenditure is not an independent expenditure if-- ``(A) there is any arrangement, coordination, or direction with respect to the expenditure between the candidate and the person making the expenditure; ``(B) with respect to the election, the person making the expenditure-- ``(i) is authorized to solicit contributions or make expenditures on behalf of the candidate or an authorized committee of the candidate; ``(ii) is an officer of an authorized committee of the candidate; or ``(iii) receives any compensation or reimbursement from the candidate, or an authorized committee of the candidate; ``(C) the expenditure is clearly intended to encourage voters to support or oppose a specific candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress.''. SEC. 7. LIMITATIONS ON EXPENDITURES BY QUALIFYING HOUSE OF REPRESENTATIVES CANDIDATES. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), is amended by adding at the end the following new subsections: ``(i) A qualifying House of Representatives candidate shall not make expenditures derived from personal funds of such candidate in excess of $75,000 with respect to an election for the Office of Representative in, or Delegate or Resident Commissioner to, the Congress. ``(j) A qualifying House of Representatives candidate shall not make expenditures in excess of $600,000 with respect to an election cycle.''. SEC. 8. LIMITATIONS WITH RESPECT TO QUALIFYING HOUSE OF REPRESENTATIVES CANDIDATES. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by section 7 of this Act, is further amended by adding at the end the following new subsection: ``(k)(1) A qualifying House of Representatives candidate may not accept, in an election cycle-- ``(A) more than $300,000 in contributions from persons other than individuals; ``(B) more than $5,000 from a single multicandidate political committee; ``(C) more than $75,000 from political party committees; or ``(D) more than $100,000 from individuals who reside outside the congressional district involved. ``(2) No person may make independent expenditures in an election cycle of more than $10,000 advocating the election of a qualifying House of Representatives candidate or advocating the defeat of the opponent of such candidate. ``(3) An individual may not make contributions of more than $2,000 to a qualifying House of Representatives candidate in an election cycle. ``(4) As used in this section, the term `election cycle' means-- ``(A) in the case of a candidate or the authorized committees of a candidate, the term beginning on the day after the date of the most recent general election for the specific office or seat which such candidate seeks and ending on the date of the next general election for such office or seat; or ``(B) for all other persons, the term beginning on the first day following the date of the last general election and ending on the date of the next general election. ``(5)(A) Any person who exceeds a limitation under this subsection by 5 percent or less shall pay to the Commission an amount equal to the amount of the excess. ``(B) Any person who exceeds a limitation under this subsection by more than 5 percent but not more than 10 percent shall pay to the Commission an amount equal to three times the amount of the excess. ``(C) Any person who exceeds a limitation under this subsection by more than 10 percent shall pay to the Commission an amount equal to three times the amount of the excess plus a civil penalty in an amount determined by the Commission.''. SEC. 9. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986 RELATING TO THE CREDIT FOR CONTRIBUTIONS TO CERTAIN QUALIFYING HOUSE OF REPRESENTATIVES CANDIDATES. (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 23 the following new section: ``SEC. 24. CONTRIBUTIONS TO CERTAIN QUALIFYING HOUSE OF REPRESENTATIVES CANDIDATES. ``(a) General Rule.--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 the total of contributions to qualifying House of Representatives candidates which are made by the taxpayer during the taxable year, with respect to elections in the congressional district of which the taxpayer is a resident. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed by subsection (a) for a taxable year shall not exceed $100 ($200 in the case of a joint return under section 6013). ``(2) Verification.--The credit allowed by subsection (a) shall be allowed, with respect to any qualified political contribution, only if such contribution is verified in such manner as the Secretary shall prescribe by regulations. ``(c) Definitions.--For purposes of this section, the terms `contribution' and `qualifying House of Representatives candidate' have the meanings given those terms in section 301 of the Federal Election Campaign Act of 1971.''. (b) Conforming Amendments.-- (1) Section 642 of such Code (relating to special rules for credits and deductions of estates or trusts) is amended by adding at the end the following new subsection: ``(j) Credit for Political Contributions Not Allowed.--An estate or trust shall not be allowed the credit against tax provided by section 24.''. (2) 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 23 the following new item: ``Sec. 24. Contributions to certain qualifying House of Representatives candidates.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993. SEC. 10. EFFECTIVE DATE. Except as otherwise provided in this Act, the amendments made by this Act shall apply with respect to elections for Federal office beginning with the general election of November 8, 1994 (and any primary election relating to such general election).

Campaign Cost Reduction and Reform Act of 1993 - Amends the Federal Election Campaign Act of 1971 to revise the definition of: (1) qualifying House of Representatives candidate; (2) contribution; (3) expenditure; and (4) independent expenditure. Limits with regard to an election cycle of an House of Representatives candidate: (1) general and personal funds expenditures; (2) contributions from persons other than individuals, multicandidate political committees (PACs), political party committees, and persons from outside the district; (3) independent expenditures; and (4) individual contributions. Sets forth penalties for excess contributions. Amends the Internal Revenue Code to allow a tax credit ($100 for an individual, $200 for a joint return) for contributions to House of Representatives candidates with respect to elections in the taxpayer's congressional district of residence.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Women's History Museum Act of 2007''. SEC. 2. FINDINGS. Congress finds that-- (1) the National Women's History Museum was established-- (A) to research and present information relating to the historic contributions that women have made to all aspects of human endeavor; and (B) to explore and present in a fair and balanced way information relating to the contributions that women have made to the United States through the various roles that women have assumed in families and in society; (2) in March 1999, the President's Commission on the Celebration of Women in American History-- (A) concluded that ``efforts to implement an appropriate celebration of women's history in the next millennium should include the designation of a focal point for women's history in our nation's capital . . .''; and (B) cited the efforts of the National Women's History Museum toward the achievement of that goal; (3) through the establishment of a national reference center, the National Women's History Museum would be able to collect and preserve documents, publications, and research relating to women; (4) through the promotion of imaginative educational approaches that are designed to enhance the understanding and appreciation of historic contributions by women, the National Women's History Museum would foster educational programs relating to the historical contributions that were made by women to society; (5) the National Women's History Museum would publicly display temporary and permanent exhibits that illustrate, interpret, and demonstrate the historic contributions of women; (6) the National Women's History Museum would attract approximately 1,500,000 visitors to the District of Columbia each year; and (7) the National Women's History Museum would promote economic activity in the District of Columbia by-- (A) creating jobs; (B) increasing visitor spending on hotels, meals, and transportation; and (C) generating tax revenue for the District of Columbia. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) Commission.--The term ``Commission'' means the National Capital Planning Commission. (3) Federal triangle development area.--The term ``Federal Triangle development area'' has the meaning given the term ``development area'' in section 6711 of title 40, United States Code. (4) Museum sponsor.--The term ``Museum Sponsor'' means the National Women's History Museum, Inc., that-- (A) is a nonprofit organization, as described in section 501(c)(3) of the Internal Revenue Code of 1986; and (B) in 1996, was incorporated in the District of Columbia. (5) Net proceeds.--The term ``net proceeds'' means the amount obtained by subtracting-- (A) the sum of all costs incurred by the Administrator relating to the occupancy agreement; from (B) the sum of all amounts received by the Administrator relating the occupancy agreement. (6) Old post office.--The term ``Old Post Office'' means the building and surrounding land that is-- (A) commonly known as the ``Old Post Office''; and (B) located-- (i) in Washington, District of Columbia; (ii) at 1100 Pennsylvania Avenue, N.W.; and (iii) in the northwest corner of a parcel of land bounded by-- (I) Pennsylvania Avenue, N.W.; (II) 10th Street, N.W.; (III) Constitution Avenue, N.W.; and (IV) 12th Street, N.W. (7) Pavilion annex.--The term ``Pavilion Annex'' means the building and surrounding land that is-- (A) commonly known as the ``Pavilion Annex''; and (B) located-- (i) in Washington, District of Columbia; (ii) adjacent to the Old Post Office; (iii) on Pennsylvania Avenue, N.W., to the east of 11th Street N.W.; and (iv) on a parcel of land bounded on 3 sides by buildings operated by the Internal Revenue Service. SEC. 4. OCCUPANCY AGREEMENT. (a) In General.--Notwithstanding any other provision of law, the Administrator shall enter into an occupancy agreement with the Museum Sponsor to allow the Museum Sponsor to locate a National Women's History Museum at the Pavilion Annex. (b) Term of Occupancy Agreement.-- (1) Length of term.-- (A) In general.--Subject to subparagraph (B), the term of the occupancy agreement shall be negotiated between the Administrator and the Museum Sponsor. (B) Maximum term.--The term of the occupancy agreement shall extend for a period of not more than 99 years. (2) Termination.--The occupancy agreement shall permit the Administrator to terminate the occupancy agreement if, as determined by the Administrator, the Pavilion Annex is placed at risk by-- (A) casualty; (B) financial nonperformance; or (C) any other appropriate circumstance, as determined by the Administrator. (c) Rent.-- (1) In general.--The Museum Sponsor shall pay to the Administrator rent in an amount equal to the fair market rental value of the Pavilion Annex, as determined by a method described in paragraph (2). (2) Determination of fair market rental value.--The fair market rental value of the Pavilion Annex shall be determined in a manner consistent with-- (A) an agreement negotiated between the Administrator and the Museum Sponsor; or (B) an appraisal of the Pavilion Annex, in accordance with instructions agreed to by the Administrator and the Museum Sponsor. (d) Operation of Adjacent Real Property and Buildings.--At the discretion of the Administrator, the occupancy agreement shall include terms and conditions that-- (1) regardless of use, allow for the unimpeded operation (including the provision of security) of any adjacent real property or building; and (2) to meet the operational requirements of any adjacent real property or building, reserve the rights of the Administrator to a certain quantity of square footage in the Pavilion Annex. (e) Initial Renovation and Modification.-- (1) In general.--Any activity relating to the renovation or modification of the Pavilion Annex shall-- (A) be the sole responsibility of the Museum Sponsor; (B) be carried out by the Museum Sponsor, in consultation with the Administrator, using only non- Federal funds; (C) be commenced not later than 5 years after the date on which the Administrator has entered into an occupancy agreement with the Museum Sponsor under section 4(a); (D) be carried out consistent with a master plan that is-- (i) developed by the Museum Sponsor; and (ii) approved by the Administrator; (E) be carried out in accordance with all applicable laws (including regulations) and ordinances; and (F) as determined by the Administrator, enhance or improve the Pavilion Annex consistent with the requirements of-- (i) the National Women's History Museum; (ii) the Old Post Office; (iii) any adjacent real property or building; and (iv) the Federal Triangle development area. (f) Operation and Maintenance.-- (1) Responsibility.--Until the date on which the occupancy agreement is terminated, the Museum Sponsor shall be solely responsible for the operation and maintenance (including repairs and alterations) of the Pavilion Annex. (2) Maintenance obligations.--To ensure that the Pavilion Annex is maintained in a manner consistent with the prominent location of the Pavilion Annex, the Museum Sponsor shall promptly perform any necessary exterior maintenance, as determined by the Administrator. (g) Additional Terms and Conditions.--The occupancy agreement shall contain such additional terms and conditions that the Administrator considers to be appropriate. (h) Relationship to Other Laws.-- (1) In general.--Subject to paragraph (2), the authority of the Administrator under this section shall not be subject to-- (A) section 525 or 549 of title 40, United States Code; or (B) any other Federal law. (2) Exception.--The authority of the Administrator under this section shall be subject to any Federal law relating to environmental or historical preservation. (i) Authority of Commission.--Nothing in this Act-- (1) limits the authority of the Commission; or (2) affects the authority of the Commission relating to the development of the Federal Triangle development area. SEC. 5. FEDERAL PARTICIPATION. (a) Non-Federal Share.--The non-Federal share of any cost relating to the establishment, construction, maintenance, or operation of the National Women's History Museum shall be 100 percent. (b) Use of Private Funds.--The Museum Sponsor shall raise private funds to pay for any cost relating to-- (1) the initial modification and renovation of the Pavilion Annex; and (2) the operation and maintenance of the National Women's History Museum, including any service necessary to ensure the preservation and operation of the National Women's History Museum, as determined by the Administrator. (c) Improvements.--On the date on which the occupancy agreement terminates, any improvement to the Pavilion Annex shall be considered to be the property of the United States. SEC. 6. USE OF NET PROCEEDS. The Administrator shall deposit any net proceeds in the Federal Buildings Fund established under section 592 of title 40, United States Code, to be used for the real property capital needs of the General Services Administration, in accordance with annual appropriations Acts. SEC. 7. REPORT. (a) In General.--If, on the date that is 180 days after the date of enactment of this Act, the Administrator has not entered into an occupancy agreement with the Museum Sponsor under section 4(a), not later than 240 days after the date of enactment of this Act, the Administrator shall submit a report containing the information described in subsection (b) to-- (1) the Committee on Homeland Security and Governmental Affairs of the Senate; (2) the Committee on Transportation and Infrastructure of the House of Representatives; and (3) the Committee on Oversight and Government Reform of the House of Representatives. (b) Contents.--The report submitted by the Administrator under subsection (a) shall contain-- (1) a summary of any unresolved issue between the Administrator and the Museum Sponsor relating to the occupancy agreement; and (2) an analysis of the position of the Administrator relating to any unresolved issue summarized under paragraph (1).

National Women's History Museum Act of 2007 - Requires the Administrator of General Services to enter into an occupancy agreement with the National Women's History Museum, Inc. (Museum Sponsor) to allow the Museum Sponsor to locate a National Women's History Museum, at the Pavilion Annex (the building and specified surrounding land in Washington, D.C.), which shall extend for a period of not more than 99 years.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Medical Services Support Act''. SEC. 2. FEDERAL INTERAGENCY COMMITTEE ON EMERGENCY MEDICAL SERVICES. (a) Establishment.--The Secretary of Transportation and the Secretary of Homeland Security, through the Under Secretary for Emergency Preparedness and Response and in consultation with the Secretary of Health and Human Services, shall establish a Federal Interagency Committee on Emergency Medical Services (in this Act referred to as the ``Interagency Committee on EMS'') to improve coordination and enhance support of emergency medical services. (b) Membership.--The Interagency Committee on EMS shall consist of the following officials, or their designees: (1) The Administrator of the National Highway Traffic Safety Administration. (2) The Director of the Office for Domestic Preparedness of the Department of Homeland Security. (3) The Administrator of the Health Resources and Services Administration of the Department of Health and Human Services. (4) The Director of the Centers for Disease Control and Prevention of the Department of Health and Human Services. (5) The Administrator of the United States Fire Administration of the Department of Homeland Security. (6) The Administrator of the Centers for Medicare & Medicaid Services of the Department of Health and Human Services. (7) The Undersecretary of Defense for Personnel and Readiness. (8) The Assistant Secretary for Public Health Emergency Preparedness of the Department of Health and Human Services. (9) The Director of the Indian Health Service of the Department of Health and Human Services. (10) The Bureau Chief of the Wireless Telecommunications Bureau of the Federal Communications Commission. (11) A representative of any other Federal agency identified by the Secretary of Transportation or the Secretary of Homeland Security, through the Under Secretary for Emergency Preparedness and Response and in consultation with the Secretary of Health and Human Services, as having a significant role in relation to the purposes of the Interagency Committee on EMS. (c) Leadership.--The members of the Interagency Committee on EMS shall annually select an individual from among the members of the Committee to serve as chairperson of the Committee. (d) Activities.--The Interagency Committee on EMS shall carry out the following activities: (1) Ensuring coordination among the Federal agencies represented on the Interagency Committee on EMS with State, local, tribal, or regional emergency medical services and 9-1-1 systems. (2) Identifying State, local, tribal, or regional emergency medical services and 9-1-1 needs. (3) Ensuring that emergency medical services are appropriately integrated with homeland security and other emergency response programs. (4) Recommending new or expanded programs, including grant programs, for-- (A) improving State, local, tribal, or regional emergency medical services; and (B) implementing improved interoperable voice and data emergency medical services and communications technologies, including wireless 9-1-1. (5) Identifying ways to streamline the process through which Federal agencies support State, local, tribal, or regional emergency medical services. (6) Assisting State, local, tribal, or regional emergency medical services in setting priorities based on identified needs. (7) Advising, consulting, and making recommendations on matters relating to the implementation of the coordinated State emergency medical services programs. (e) Meetings.--The Interagency Committee on EMS shall meet as frequently as is determined necessary by the chairperson of the Committee, but no less frequently than quarterly. (f) Administration.--The Administrator of the National Highway Traffic Safety Administration, in cooperation with the Director of the Office for Domestic Preparedness of the Department of Homeland Security, shall provide administrative support to the Interagency Committee on EMS, including scheduling meetings, setting agendas, keeping minutes and records, and producing reports. (g) Annual Reports.--The Interagency Committee on EMS shall prepare and submit an annual report to Congress on the Committee's activities, actions, and recommendations, and shall include in such report a description of respective Federal agency responsibility, support, and coordination of emergency medical services systems. SEC. 3. FEDERAL INTERAGENCY COMMITTEE ON EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL. (a) Establishment.--There is established a Federal Interagency Committee on Emergency Medical Services Advisory Council (in this Act referred to as the ``Advisory Council'') that shall consist of not more than 13 individuals with an interest or expertise in emergency medical services selected by the Interagency Committee on EMS. (b) Membership.--In selecting members of the Advisory Council, the Interagency Committee on EMS shall ensure that the Advisory Council represents-- (1) both urban and rural areas; and (2) all sectors of the emergency medical services community. (c) Leadership.--Members of the Advisory Council shall annually select an individual from among the members of the Council to serve as chairperson of the Advisory Council. (d) Activities.--The Advisory Council shall make recommendations to the Interagency Committee on EMS on topics including the following: (1) Improved coordination and support of emergency medical services systems among Federal programs. (2) Development of a national emergency medical services plan. (3) Standards, guidelines, benchmarks, and data collection on emergency medical services. (4) Guidelines for conducting needs assessments for improving community-based emergency medical services systems at State and local levels. (5) Creation of new, or the expansion of existing, grants or other programs for improving community-based emergency medical services. (6) Consolidation or realignment of Federal agency or program responsibility for emergency medical services. (7) Strengthening emergency medical services systems through enhanced workforce development, education, training, exercises, equipment, medical oversight, and other areas. (8) Issues or topics to be addressed in the annual report of the Interagency Committee on EMS. (e) Annual Report.--Before the Interagency Committee on EMS submits the annual report required under section 2(g) to Congress, the Advisory Council shall review the report and include independent information or recommendations for inclusion in the report, as deemed appropriate by the Advisory Council. (f) Meetings.--The Advisory Council-- (1) shall meet at the same time and place as the Interagency Committee on EMS, when such Committee meets; and (2) may conduct independent meetings to receive public comment and collect data and information. (g) Compensation and Reimbursement.-- (1) Compensation.--The members of the Advisory Council shall receive no pay by reason of their service as a member of the Advisory Council. (2) Travel expenses.--The members of the Advisory Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter 1 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 Council. (h) Administration.--The Administrator of the National Highway Traffic Safety Administration, in cooperation with the Director of the Office for Domestic Preparedness of the Department of Homeland Security, shall provide administration support to the Advisory Council.

Emergency Medical Services Support Act - Requires the Secretary of Transportation and the Secretary of Homeland Security, through the Under Secretary for Emergency Preparedness and Response, to establish a Federal Interagency Committee on Emergency Medical Services to improve coordination and enhance support of emergency medical services (EMS) by: (1) ensuring coordination among Federal agencies with State and local EMS systems and integration with homeland security and other emergency response programs; (2) recommending programs to improve State and local EMS systems and to implement improved interoperable communications technologies; (3) identifying ways to streamline Federal support for State and local EMS; (4) assist such EMS with setting priorities based on identified needs; and (5) advising, consulting, and making recommendations on implementing coordinated State EMS programs. Establishes a Federal Interagency Committee on Emergency Medical Services Advisory Council to make recommendations to the Committee on EMS topics, including improved coordination of EMS systems, development of a national emergency medical services plan, EMS standards and guidelines, realignment of Federal program responsibility for EMS, strengthened EMS systems, and Committee annual reports to Congress. Sets forth reporting requirements. Requires the Administrator of the National Highway Traffic Safety Administration, in cooperation with the Director of the Office for Domestic Preparedness of the Department of Homeland Security, to provide administrative support to the Committee and the Council.

TITLE I--MIGRATORY BIRD TREATY REFORM SEC. 101. SHORT TITLE. This title may be cited as the ``Migratory Bird Treaty Reform Act of 1998''. SEC. 102. ELIMINATING STRICT LIABILITY FOR BAITING. Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is amended-- (1) by inserting ``(a)'' after ``Sec. 3.''; and (2) by adding at the end the following: ``(b) It shall be unlawful for any person to-- ``(1) take any migratory game bird by the aid of baiting, or on or over any baited area, if the person knows or reasonably should know that the area is a baited area; or ``(2) place or direct the placement of bait on or adjacent to an area for the purpose of causing, inducing, or allowing any person to take or attempt to take any migratory game bird by the aid of baiting on or over the baited area.''. SEC. 103. CRIMINAL PENALTIES. Section 6 of the Migratory Bird Treaty Act (16 U.S.C. 707) is amended-- (1) in subsection (a), by striking ``$500'' and inserting ``$15,000''; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following: ``(c) Whoever violates section 3(b)(2) shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both.''. SEC. 104. REPORT. Not later than 5 years after the date of enactment of this Act, the Secretary of the Interior shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Resources of the House of Representatives a report analyzing the effect of the amendments made by section 2, and the general practice of baiting, on migratory bird conservation and law enforcement efforts under the Migratory Bird Treaty Act (16 U.S.C. 701 et seq.). TITLE II--NATIONAL WILDLIFE REFUGE SYSTEM IMPROVEMENT SEC. 201. SHORT TITLE. This title may be cited as the ``National Wildlife Refuge System Improvement Act of 1998''. SEC. 202. UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE AND FISH REFUGE. (a) In General.--In accordance with section 4(a)(5) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(a)(5)), there are transferred to the Corps of Engineers, without reimbursement, approximately 37.36 acres of land of the Upper Mississippi River Wildlife and Fish Refuge in the State of Minnesota, as designated on the map entitled ``Upper Mississippi National Wildlife and Fish Refuge lands transferred to Corps of Engineers'', dated January 1998, and available, with accompanying legal descriptions of the land, for inspection in appropriate offices of the United States Fish and Wildlife Service. (b) Conforming Amendments.--The first section and section 2 of the Upper Mississippi River Wild Life and Fish Refuge Act (16 U.S.C. 721, 722) are amended by striking ``Upper Mississippi River Wild Life and Fish Refuge'' each place it appears and inserting ``Upper Mississippi River National Wildlife and Fish Refuge''. SEC. 203. KILLCOHOOK COORDINATION AREA. (a) In General.--In accordance with section 4(a)(5) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(a)(5)), the jurisdiction of the United States Fish and Wildlife Service over approximately 1,439.26 acres of land in the States of New Jersey and Delaware, known as the ``Killcohook Coordination Area'', as established by Executive Order No. 6582, issued February 3, 1934, and Executive Order No. 8648, issued January 23, 1941, is terminated. (b) Executive Orders.--Executive Order No. 6582, issued February 3, 1934, and Executive Order No. 8648, issued January 23, 1941, are revoked. SEC. 204. LAKE ELSIE NATIONAL WILDLIFE REFUGE. (a) In General.--In accordance with section 4(a)(5) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(a)(5)), the jurisdiction of the United States Fish and Wildlife Service over approximately 634.7 acres of land and water in Richland County, North Dakota, known as the ``Lake Elsie National Wildlife Refuge'', as established by Executive Order No. 8152, issued June 12, 1939, is terminated. (b) Executive Order.--Executive Order No. 8152, issued June 12, 1939, is revoked. SEC. 205. KLAMATH FOREST NATIONAL WILDLIFE REFUGE. Section 28 of the Act of August 13, 1954 (25 U.S.C. 564w-1), is amended in subsections (f) and (g) by striking ``Klamath Forest National Wildlife Refuge'' each place it appears and inserting ``Klamath Marsh National Wildlife Refuge''. SEC. 206. VIOLATION OF NATIONAL WILDLIFE REFUGE SYSTEM ADMINISTRATION ACT. Section 4 of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd) is amended-- (1) in the first sentence of subsection (c), by striking ``knowingly''; and (2) in subsection (f)-- (A) by striking ``(f) Any'' and inserting the following: ``(f) Penalties.-- ``(1) Knowing violations.--Any''; (B) by inserting ``knowingly'' after ``who''; and (C) by adding at the end the following: ``(2) Other violations.--Any person who otherwise violates or fails to comply with any of the provisions of this Act (including a regulation issued under this Act) shall be fined under title 18, United States Code, or imprisoned not more than 180 days, or both.''. TITLE III--WETLANDS AND WILDLIFE ENHANCEMENT SEC. 301. SHORT TITLE. This title may be cited as the ``Wetlands and Wildlife Enhancement Act of 1998''. SEC. 302. REAUTHORIZATION OF NORTH AMERICAN WETLANDS CONSERVATION ACT. Section 7(c) of the North American Wetlands Conservation Act (16 U.S.C. 4406(c)) is amended by striking ``not to exceed'' and all that follows and inserting ``not to exceed $30,000,000 for each of fiscal years 1999 through 2003.''. SEC. 303. REAUTHORIZATION OF PARTNERSHIPS FOR WILDLIFE ACT. Section 7105(h) of the Partnerships for Wildlife Act (16 U.S.C. 3744(h)) is amended by striking ``for each of fiscal years'' and all that follows and inserting ``not to exceed $6,250,000 for each of fiscal years 1999 through 2003.''. SEC. 304. MEMBERSHIP OF THE NORTH AMERICAN WETLANDS CONSERVATION COUNCIL. (a) In General.--Notwithstanding section 4(a)(1)(D) of the North American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(D)), during the period of 1999 through 2002, the membership of the North American Wetlands Conservation Council under section 4(a)(1)(D) of that Act shall consist of-- (1) 1 individual who shall be the Group Manager for Conservation Programs of Ducks Unlimited, Inc. and who shall serve for 1 term of 3 years beginning in 1999; and (2) 2 individuals who shall be appointed by the Secretary of the Interior in accordance with section 4 of that Act and who shall each represent a different organization described in section 4(a)(1)(D) of that Act. (b) Publication of Policy.--Not later than June 30, 1999, the Secretary of the Interior shall publish in the Federal Register, after notice and opportunity for public comment, a policy for making appointments under section 4(a)(1)(D) of the North American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(D)). TITLE IV--RHINOCEROS AND TIGER CONSERVATION SEC. 401. SHORT TITLE. This title may be cited as the ``Rhinoceros and Tiger Conservation Act of 1998''. SEC. 402. FINDINGS. Congress finds that-- (1) the populations of all but 1 species of rhinoceros, and the tiger, have significantly declined in recent years and continue to decline; (2) these species of rhinoceros and tiger are listed as endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and listed on Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed on March 3, 1973 (27 UST 1087; TIAS 8249) (referred to in this title as ``CITES''); (3) the Parties to CITES have adopted several resolutions-- (A) relating to the conservation of tigers (Conf. 9.13 (Rev.)) and rhinoceroses (Conf. 9.14), urging Parties to CITES to implement legislation to reduce illegal trade in parts and products of the species; and (B) relating to trade in readily recognizable parts and products of the species (Conf. 9.6), and trade in traditional medicines (Conf. 10.19), recommending that Parties ensure that their legislation controls trade in those parts and derivatives, and in medicines purporting to contain them; (4) a primary cause of the decline in the populations of tiger and most rhinoceros species is the poaching of the species for use of their parts and products in traditional medicines; (5) there are insufficient legal mechanisms enabling the United States Fish and Wildlife Service to interdict products that are labeled or advertised as containing substances derived from rhinoceros or tiger species and prosecute the merchandisers for sale or display of those products; and (6) legislation is required to ensure that-- (A) products containing, or labeled or advertised as containing, rhinoceros parts or tiger parts are prohibited from importation into, or exportation from, the United States; and (B) efforts are made to educate persons regarding alternatives for traditional medicine products, the illegality of products containing, or labeled or advertised as containing, rhinoceros parts and tiger parts, and the need to conserve rhinoceros and tiger species generally. SEC. 403. PURPOSES OF THE RHINOCEROS AND TIGER CONSERVATION ACT OF 1994. Section 3 of the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5302) is amended by adding at the end the following: ``(3) To prohibit the sale, importation, and exportation of products intended for human consumption or application containing, or labeled or advertised as containing, any substance derived from any species of rhinoceros or tiger.''. SEC. 404. DEFINITION OF PERSON. Section 4 of the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5303) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) `person' means-- ``(A) an individual, corporation, partnership, trust, association, or other private entity; ``(B) an officer, employee, agent, department, or instrumentality of-- ``(i) the Federal Government; ``(ii) any State, municipality, or political subdivision of a State; or ``(iii) any foreign government; ``(C) a State, municipality, or political subdivision of a State; or ``(D) any other entity subject to the jurisdiction of the United States.''. SEC. 405. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS LABELED OR ADVERTISED AS RHINOCEROS OR TIGER PRODUCTS. The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.) is amended-- (1) by redesignating section 7 as section 9; and (2) by inserting after section 6 the following: ``SEC. 7. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS LABELED OR ADVERTISED AS RHINOCEROS OR TIGER PRODUCTS. ``(a) Prohibition.--A person shall not sell, import, or export, or attempt to sell, import, or export, any product, item, or substance intended for human consumption or application containing, or labeled or advertised as containing, any substance derived from any species of rhinoceros or tiger. ``(b) Penalties.-- ``(1) Criminal penalty.--A person engaged in business as an importer, exporter, or distributor that knowingly violates subsection (a) shall be fined under title 18, United States Code, imprisoned not more than 6 months, or both. ``(2) Civil penalties.-- ``(A) In general.--A person that knowingly violates subsection (a), and a person engaged in business as an importer, exporter, or distributor that violates subsection (a), may be assessed a civil penalty by the Secretary of not more than $12,000 for each violation. ``(B) Manner of assessment and collection.--A civil penalty under this paragraph shall be assessed, and may be collected, in the manner in which a civil penalty under the Endangered Species Act of 1973 may be assessed and collected under section 11(a) of that Act (16 U.S.C. 1540(a)). ``(c) Products, Items, and Substances.--Any product, item, or substance sold, imported, or exported, or attempted to be sold, imported, or exported, in violation of this section or any regulation issued under this section shall be subject to seizure and forfeiture to the United States. ``(d) Regulations.--After consultation with the Secretary of the Treasury, the Secretary of Health and Human Services, and the United States Trade Representative, the Secretary shall issue such regulations as are appropriate to carry out this section. ``(e) Enforcement.--The Secretary, the Secretary of the Treasury, and the Secretary of the department in which the Coast Guard is operating shall enforce this section in the manner in which the Secretaries carry out enforcement activities under section 11(e) of the Endangered Species Act of 1973 (16 U.S.C. 1540(e)). ``(f) Use of Penalty Amounts.--Amounts received as penalties, fines, or forfeiture of property under this section shall be used in accordance with section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)).''. SEC. 406. EDUCATIONAL OUTREACH PROGRAM. The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.) (as amended by section 405) is amended by inserting after section 7 the following: ``SEC. 8. EDUCATIONAL OUTREACH PROGRAM. ``(a) In General.--Not later than 180 days after the date of enactment of this section, the Secretary shall develop and implement an educational outreach program in the United States for the conservation of rhinoceros and tiger species. ``(b) Guidelines.--The Secretary shall publish in the Federal Register guidelines for the program. ``(c) Contents.--Under the program, the Secretary shall publish and disseminate information regarding-- ``(1) laws protecting rhinoceros and tiger species, in particular laws prohibiting trade in products containing, or labeled or advertised as containing, their parts; ``(2) use of traditional medicines that contain parts or products of rhinoceros and tiger species, health risks associated with their use, and available alternatives to the medicines; and ``(3) the status of rhinoceros and tiger species and the reasons for protecting the species.''. SEC. 407. AUTHORIZATION OF APPROPRIATIONS. Section 9 of the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5306) (as redesignated by section 405(1)) is amended by striking ``1996, 1997, 1998, 1999, and 2000'' and inserting ``1996 through 2002''. TITLE V--CHESAPEAKE BAY INITIATIVE SEC. 501. SHORT TITLE. This title may be cited as the ``Chesapeake Bay Initiative Act of 1998''. SEC. 502. CHESAPEAKE BAY GATEWAYS AND WATERTRAILS. (a) Chesapeake Bay Gateways and Watertrails Network.-- (1) In general.--The Secretary of the Interior (referred to in this section as the ``Secretary''), in cooperation with the Administrator of the Environmental Protection Agency (referred to in this section as the ``Administrator''), shall provide technical and financial assistance, in cooperation with other Federal agencies, State and local governments, nonprofit organizations, and the private sector-- (A) to identify, conserve, restore, and interpret natural, recreational, historical, and cultural resources within the Chesapeake Bay Watershed; (B) to identify and utilize the collective resources as Chesapeake Bay Gateways sites for enhancing public education of and access to the Chesapeake Bay; (C) to link the Chesapeake Bay Gateways sites with trails, tour roads, scenic byways, and other connections as determined by the Secretary; (D) to develop and establish Chesapeake Bay Watertrails comprising water routes and connections to Chesapeake Bay Gateways sites and other land resources within the Chesapeake Bay Watershed; and (E) to create a network of Chesapeake Bay Gateways sites and Chesapeake Bay Watertrails. (2) Components.--Components of the Chesapeake Bay Gateways and Watertrails Network may include-- (A) State or Federal parks or refuges; (B) historic seaports; (C) archaeological, cultural, historical, or recreational sites; or (D) other public access and interpretive sites as selected by the Secretary. (b) Chesapeake Bay Gateways Grants Assistance Program.-- (1) In general.--The Secretary, in cooperation with the Administrator, shall establish a Chesapeake Bay Gateways Grants Assistance Program to aid State and local governments, local communities, nonprofit organizations, and the private sector in conserving, restoring, and interpreting important historic, cultural, recreational, and natural resources within the Chesapeake Bay Watershed. (2) Criteria.--The Secretary, in cooperation with the Administrator, shall develop appropriate eligibility, prioritization, and review criteria for grants under this section. (3) Matching funds and administrative expenses.--A grant under this section-- (A) shall not exceed 50 percent of eligible project costs; (B) shall be made on the condition that non-Federal sources, including in-kind contributions of services or materials, provide the remainder of eligible project costs; and (C) shall be made on the condition that not more than 10 percent of all eligible project costs be used for administrative expenses. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 1999 through 2003. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TABLE OF CONTENTS: Title I: Migratory Bird Treaty Reform Title II: National Wildlife Refuge System Improvement Title III: Wetlands and Wildlife Enhancement Title IV: Rhinoceros and Tiger Conservation Title V: Chesapeake Bay Initiative Title I: Migratory Bird Treaty Reform - Migratory Bird Treaty Reform Act of 1998 - Amends the Migratory Bird Treaty Act to make it unlawful for persons to: (1) take migratory birds by the aid of baiting, or on or over any baited area, if such persons know or should know that the area is a baited area; or (2) place or direct the placement of bait on or adjacent to an area for purposes of causing, inducing, or allowing any person to take or attempt to take any migratory bird by the aid of baiting on or over the baited area. Increases penalties for violations of the Act. Requires the Secretary of the Interior to report to specified congressional committees on the effect of the amendments regarding baiting made by this Act and the general practice of baiting on migratory bird conservation and law enforcement efforts under the Act. Title II: National Wildlife Refuge System Improvement - National Wildlife Refuge System Improvement Act of 1998 - Transfers to the Corps of Engineers, without reimbursement, certain land of the Upper Mississippi River Wildlife and Fish Refuge in Minnesota. Terminates the jurisdiction of the U.S. Fish and Wildlife Service over: (1) the Killcohook Coordination Area in New Jersey and Delaware; and (2) Lake Elsie National Wildlife Refuge in Richland County, North Dakota. Revokes Executive Orders 6582, 8648, and 8152. Renames the Klamath Forest National Wildlife Refuge as the Klamath Marsh National Wildlife Refuge. Amends the National Wildlife Refuge System Administration Act of 1996 to specify the periods of imprisonment for knowing violations of the Act (not more than one year) and for other violations (not more than 180 days). Title III: Wetlands and Wildlife Enhancement - Wetlands and Wildlife Enhancement Act of 1998 - Amends the North American Wetlands Conservation Act and the Partnerships for Wildlife Act to extend the authorization of appropriations to carry out such Acts through FY 2003. (Sec. 4) Revises the composition of the North American Wetlands Conservation Council during FY 1999 through 2002 to include: (1) the Group Manager for Conservation Programs of Ducks Unlimited, Inc.; and (2) two (currently, three) individuals appointed by the Secretary of the Interior (Secretary) who represent charitable and nonprofit organizations participating in wetlands conservation projects. Requires the Secretary to publish a policy in the Federal Register for making appointments to the Council from such organizations. Title IV: Rhinoceros and Tiger Conservation - Rhinoceros and Tiger Conservation Act of 1998 - Amends the Rhinoceros and Tiger Conservation Act of 1994 (the Act) to prohibit the sale, import, or export, or the attempted sale, import, or export, of any product, item, or substance (product) intended for human consumption or application containing, or labeled or advertised as containing, any substance derived from any species of rhinoceros or tiger. Sets forth provisions regarding: (1) criminal and civil penalties, including seizure and forfeiture of such products; (2) enforcement activities; and (3) use of penalty amounts. (Sec. 406) Directs the Secretary to develop and implement an educational outreach program in the United States for the conservation of rhinoceros and tiger species. (Sec. 407) Authorizes appropriations. Title V: Chesapeake Bay Initiative - Chesapeake Bay Initiative Act of 1998 - Directs the Secretary of the Interior to provide technical and financial assistance to: (1) identify, conserve, restore, and interpret natural, recreational, historical, and cultural resources within the Chesapeake Bay Watershed; (2) identify and utilize the collective resources as Chesapeake Bay Gateways sites for enhancing public education of and access to the Bay; (3) link the Gateways sites with trails, tour roads, scenic byways, and other connections as determined by the Secretary; (4) develop and establish Bay Watertrails comprising water routes and connections to Gateways sites and other land resources within the Watershed; and (5) create a network of Bay Gateways sites and Watertrails. Directs the Secretary to establish a Chesapeake Bay Gateways Grants Assistance Program. Sets forth provisions regarding grant eligibility, prioritization, and review criteria and matching funds. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reforming Executive Guidance Act of 2017'' or as the ``REG Act of 2017''. SEC. 2. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING. (a) Guidance Documents.--Paragraph (3) of section 804 of title 5, United States Code, is amended to read as follows: ``(3) The term `rule'-- ``(A) has the meaning given such term in section 551, except that such term does not include (except as otherwise provided in subparagraph (B))-- ``(i) any rule of particular applicability, including a rule that approves or prescribes for the future rates, wages, prices, services, or allowances therefor, corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or accounting practices or disclosures bearing on any of the foregoing; ``(ii) any rule relating to agency management or personnel; or ``(iii) any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties; and ``(B) includes guidance documents.''. (b) Significant Guidance Documents.--Paragraph (2) of section 804 of such title is amended to read as follows: ``(2) The term `major rule'-- ``(A) means any rule that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in-- ``(i) an annual effect on the economy of $100,000,000 or more; ``(ii) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or ``(iii) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets; and ``(B) includes significant guidance documents. The term does not include any rule promulgated under the Telecommunications Act of 1996 and the amendments made by that Act.''. (c) Definitions.--Section 804 of such title is amended by adding at the end the following new paragraphs: ``(4) The term `guidance document' means a statement of general applicability and future effect, other than a regulatory action, issued by a Federal agency that sets forth-- ``(A) a policy on a statutory, regulatory, or technical issue; or ``(B) an interpretation of a statutory or regulatory issue. ``(5) The term `significant guidance document'-- ``(A) means a guidance document disseminated to regulated entities or the general public that may reasonably be anticipated to-- ``(i) lead to an annual effect of $100,000,000 or more, or adversely affect in a material way the economy, a sector of the economy, productivity, competition, employment, the environment, public health or safety, or State, local, or tribal governments or communities; ``(ii) create a serious inconsistency, or otherwise interfere, with an action taken or planned by another Federal agency; ``(iii) materially alter the budgetary impact of any entitlement, grant, user fees, or loan programs, or the rights or obligations of recipients thereof; or ``(iv) raise novel legal or policy issues arising out of legal mandates; and ``(B) does not include any guidance document-- ``(i) on regulations issued in accordance with section 556 or 557 of title 5, United States Code; ``(ii) that pertains to a military or foreign affairs function of the United States, other than procurement regulations and regulations involving the import or export of non-defense articles and services; ``(iii) on regulations that are limited to the organization, management, or personnel matters of a Federal agency; or ``(iv) belonging to a category of guidance documents exempted by the Administrator of the Office of Information and Regulatory Affairs.''. SEC. 3. DEFINITION OF ``RULE'' TO INCLUDE SIGNIFICANT GUIDANCE FOR PURPOSES OF RULEMAKING. Section 551(4) of title 5, United States Code, is amended by inserting before the semicolon at the end the following: ``, as well as significant guidance (as such term is defined in section 804(5))''.

Reforming Executive Guidance Act of 2017 or the REG Act of 2017 This bill requires guidance documents of federal agencies to be considered rules that are subject to the congressional review process. A "guidance document" is a statement of general applicability and future effect, other than a regulatory action, issued by a federal agency that sets forth: (1) a policy on a statutory, regulatory, or technical issue; or (2) an interpretation of a statutory or regulatory issue. The bill modifies the definition of rule to include significant guidance for purposes of rulemaking. A "significant guidance document" is guidance that may reasonably be anticipated to: (1) lead to an annual effect of at least $100 million on, or adversely affect in a material way, the economy, productivity, competition, employment, the environment, public health or safety, or governmental entities or communities; (2) create a serious inconsistency, or otherwise interfere, with an action taken or planned by another federal agency; (3) materially alter the budgetary impact of any entitlement, grant, user fees, or loan programs or the rights or obligations of recipients; or (4) raise novel legal or policy issues arising out of legal mandates.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Infrastructure Facilitation and Habitat Conservation Act of 2011''. SEC. 2. CONSERVATION LOAN AND LOAN GUARANTEE PROGRAM. (a) Definitions.--In this section: (1) Eligible public entity.--The term ``eligible public entity'' means a political subdivision of a State, including-- (A) a duly established town, township, or county; (B) an entity established for the purpose of regional governance; (C) a special purpose entity; and (D) a joint powers authority, or other entity certified by the Governor of a State, to have authority to implement a habitat conservation plan pursuant to section 10(a) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)). (2) Program.--The term ``program'' means the conservation loan and loan guarantee program established by the Secretary under subsection (b)(1). (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (b) Loan and Loan Guarantee Program.-- (1) Establishment.--As soon as practicable after the date of enactment of this Act, the Secretary shall establish a program to provide loans and loan guarantees to eligible public entities to enable eligible public entities to acquire interests in real property that are acquired pursuant to habitat conservation plans approved by the Secretary of the Interior under section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539). (2) Application; approval process.-- (A) Application.-- (i) In general.--To be eligible to receive a loan or loan guarantee under the program, an eligible public entity shall submit to the Secretary an application at such time, in such form and manner, and including such information as the Secretary may require. (ii) Solicitation of applications.--Not less frequently than once per calendar year, the Secretary shall solicit from eligible public entities applications for loans and loan guarantees in accordance with this section. (B) Approval process.-- (i) Submission of applications to secretary of the interior.--As soon as practicable after the date on which the Secretary receives an application under subparagraph (A), the Secretary shall submit the application to the Secretary of the Interior for review. (ii) Review by secretary of the interior.-- (I) Review.--As soon as practicable after the date of receipt of an application by the Secretary under clause (i), the Secretary of the Interior shall conduct a review of the application to determine whether-- (aa) the eligible public entity is implementing a habitat conservation plan that has been approved by the Secretary of the Interior under section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539); (bb) the habitat acquisition program of the eligible public entity would very likely be completed; and (cc) the eligible public entity has adopted a complementary plan for sustainable infrastructure development that provides for the mitigation of environmental impacts. (II) Report to secretary.--Not later than 60 days after the date on which the Secretary of the Interior receives an application under subclause (I), the Secretary of the Interior shall submit to the Secretary a report that contains-- (aa) an assessment of each factor described in subclause (I); and (bb) a recommendation regarding the approval or disapproval of a loan or loan guarantee to the eligible public entity that is the subject of the application. (III) Consultation with secretary of commerce.--To the extent that the Secretary of the Interior considers to be appropriate to carry out this clause, the Secretary of the Interior may consult with the Secretary of Commerce. (iii) Approval by secretary.-- (I) In general.--Not later than 120 days after receipt of an application under subparagraph (A), the Secretary shall approve or disapprove the application. (II) Factors.--In approving or disapproving an application of an eligible public entity under subclause (I), the Secretary may consider-- (aa) whether the financial plan of the eligible public entity for habitat acquisition is sound and sustainable; (bb) whether the eligible public entity has the ability to repay a loan or meet the terms of a loan guarantee under the program; (cc) any factor that the Secretary determines to be appropriate; and (dd) the recommendation of the Secretary of the Interior. (III) Preference.--In approving or disapproving applications of eligible public entities under subclause (I), the Secretary shall give preference to eligible public entities located in biologically rich regions in which rapid growth and development threaten successful implementation of approved habitat conservation plans, as determined by the Secretary in cooperation with the Secretary of the Interior. (C) Administration of loans and loan guarantees.-- (i) Report to secretary of the interior.-- Not later than 60 days after the date on which the Secretary approves or disapproves an application under subparagraph (B)(iii), the Secretary shall submit to the Secretary of the Interior a report that contains the decision of the Secretary to approve or disapprove the application. (ii) Duty of secretary.--As soon as practicable after the date on which the Secretary approves an application under subparagraph (B)(iii), the Secretary shall-- (I) establish the loan or loan guarantee with respect to the eligible public entity that is the subject of the application (including such terms and conditions as the Secretary may prescribe); and (II) carry out the administration of the loan or loan guarantee. (c) Termination of Authority.--The authority under this section shall terminate on the date that is 10 years after the date of enactment of this Act.

Infrastructure Facilitation and Habitat Conservation Act of 2011 - Requires the Secretary of the Treasury (Secretary) to establish a program to provide loans and loan guarantees to enable state political subdivisions to acquire interests in real property pursuant to habitat conservation plans approved by the Secretary of the Interior under the Endangered Species Act of 1973. Requires the Secretary to: (1) submit loan applications for the Secretary of the Interior's review, which shall include a determination that the subdivision has adopted a complementary plan for sustainable infrastructure development that provides for the mitigation of environmental impacts; and (2) give preference to such subdivisions located in biologically rich regions in which rapid growth and development threaten successful implementation of approved habitat conservation plans.

SECTION 1. CREDIT FOR PRODUCTION OF CELLULOSIC BIOFUEL. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30D. CELLULOSIC BIOFUEL PRODUCTION. ``(a) General Rule.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to $1.28 for each gallon of qualified cellulosic biofuel production. ``(b) Qualified Cellulosic Biofuel Production.--For purposes of this section, the term `qualified cellulosic biofuel production' means any cellulosic biofuel which is produced in the United States by the taxpayer and which during the taxable year-- ``(1) is sold by the taxpayer to another person-- ``(A) for use by such other person in the production of a qualified cellulosic biofuel mixture in such other person's trade or business (other than casual off-farm production), ``(B) for use by such other person as a fuel in a trade or business, or ``(C) who sells such cellulosic biofuel at retail to another person and places such cellulosic biofuel in the fuel tank of such other person, or ``(2) is used or sold by the taxpayer for any purpose described in paragraph (1). ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Cellulosic biofuel.--The term `cellulosic biofuel' means any liquid transportation fuel derived from any lignocellulosic or hemicellulosic mater (other than food starch) that is available on a renewable or recurring basis. ``(2) Qualified cellulosic biofuel mixture.--The term `qualified cellulosic biofuel mixture' means a mixture of cellulosic biofuel and gasoline which-- ``(A) is sold by the person producing such mixture to any person for use as a fuel, or ``(B) is used as a fuel by the person producing such mixture. ``(3) Cellulosic biofuel not used as a fuel.--If any credit is allowed under subsection (a) and any person does not use such cellulosic biofuel for a purpose described in subsection (b), then there is hereby imposed on such person a tax equal to $1.28 for each gallon of such cellulosic biofuel. ``(4) Pass-thru in the case of estates and trusts.--Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. ``(5) Denial of double benefit.--No credit shall be allowed under this section to any taxpayer with respect to any cellulosic biofuel if a credit or payment is allowed with respect to such fuel to such taxpayer under section 40, 40A, 6426, or 6427(e). ``(d) Limitation Based on Amount of Tax.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(2) the sum of the credits allowable under subpart A and sections 27, 30, 30B, and 30C. ``(e) Carryforward and Carryback of Unused Credit.-- ``(1) In general.--If the credit allowable under subsection (a) exceeds the limitation imposed by subsection (d) for such taxable year (hereinafter in this section referred to as the `unused credit year') reduced by the sum of the credits allowable under subpart A, such excess shall be-- ``(A) carried back to the taxable year preceding the unused credit year, and ``(B) carried forward to each of the 20 taxable years following the unused credit year. ``(2) Transition rule.--The credit under subsection (a) may not be carried to a taxable year beginning before the date of the enactment of this section. ``(f) Application of Section.--This section shall apply with respect to qualified cellulosic biofuel production-- ``(1) after the date of the enactment of this section, and ``(2) before the date on which the Secretary of Energy certifies that 1,000,000,000 gallons of cellulosic biofuels have been produced in the United States after such date.''. (b) Deduction Allowed for Unused Credit.--Section 196(c) of such Code is amended by adding at the end the following new subsection: ``(d) Deduction Allowed for Cellulosic Biofuel Production Credit.-- ``(1) In general.--If any portion of the credit allowed under section 30D for any taxable year has not, after the application of section 30D(d), been allowed to the taxpayer as a credit under such section for any taxable year, an amount equal to such credit not so allowed shall be allowed to the taxpayer as a deduction for the first taxable year following the last taxable year for which such credit could, under section 30D(e), have been allowed as a credit. ``(2) Taxpayer's dying or ceasing to exist.--If a taxpayer dies or ceases to exist before the first taxable year following the last taxable year for which the credit could, under section 30D(e), have been allowed as a credit, the amount described in paragraph (1) (or the proper portion thereof) shall, under regulations prescribed by the Secretary, be allowed to the taxpayer as a deduction for the taxable year in which such death or cessation occurs.''. (c) Conforming Amendments.-- (1)(A) Section 87 of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) the cellulosic biofuel production credit determined with respect to the taxpayer under section 30D(a).''. (B) The heading of section 87 of such Code is amended by striking ``and biodiesel fuels credits'' and inserting ``, biodiesel fuels, and cellulosic biofuels credits''. (C) The item relating to section 87 is the table of sections for part II of subchapter B of chapter 1 of such Code is amended by striking ``and biodiesel fuels credits'' and inserting ``, biodiesel fuels, and cellulosic biofuels credits''. (2) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 40A the following new item: ``Sec. 30D. Cellulosic biofuel production.''. (d) Effective Date.--The amendments made by this section shall apply to fuel produced after the date of the enactment of this Act.

Amends the Internal Revenue Code to allow a tax credit for the production of cellulosic biofuel. Defines "cellulosic biofuel" as any liquid transportation fuel derived from any lignocellulosic or hemicellulosic matter (other than food starch) that is available on a renewable or recurring basis.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kick Start to College Act''. SEC. 2. TAX CREDIT MATCH OF CONTRIBUTIONS TO COVERDELL EDUCATION SAVINGS ACCOUNTS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. CREDIT MATCH OF CONTRIBUTIONS TO COVERDELL EDUCATION SAVINGS ACCOUNTS. ``(a) In General.--There shall be allowed as a credit against the tax imposed by this subtitle an amount equal to the aggregate contributions of the taxpayer for the taxable year to a qualified higher education subaccount which is established for the benefit of any qualified beneficiary of the taxpayer. ``(b) Dollar Limitation.-- ``(1) In general.--The credit allowed to a taxpayer by subsection (a) with respect to each qualified beneficiary for the taxable year shall not exceed the applicable amount. ``(2) Applicable amount.--For purposes of paragraph (1)-- ``(A) In general.--The applicable amount with respect to each qualified beneficiary for any taxable year is the lesser of-- ``(i) $1,000, or ``(ii) $6,000, reduced (but not below zero) by the aggregate amount of the credits allowed under this section with respect to the qualified beneficiary for all preceding taxable years. In the case of a qualified beneficiary who has attained the age of 7 before the close of the taxable year, clause (ii) shall be applied by substituting `$5,000' for `$6,000'. The preceding sentence shall not apply to a qualified beneficiary who attains the age of 7 before January 1, 2007. ``(B) Reduction based on adjusted gross income.-- The applicable amount determined under subparagraph (A) for any taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the applicable amount as the-- ``(i) taxpayer's modified adjusted gross income (as defined in section 530(c)(2)) for such taxable year in excess of $95,000 ($190,000 in the case of a joint return), bears to ``(ii) $15,000 ($30,000 in the case of a joint return). ``(c) Qualified Beneficiary.--For purposes of this section, the term `qualified beneficiary' means the designated beneficiary of the Coverdell education savings account who is a qualifying child of the taxpayer (within the meaning of section 32(c)(3), determined without regard to subclause (II) of subparagraph (B)(i) thereof). ``(d) Payment of Credit.-- ``(1) In general.--Notwithstanding any other provision of this title, any amount allowed as a credit under subsection (a) (determined without regard to paragraph (2)) with respect to any contributions to a qualified higher education subaccount established for the benefit of a qualified beneficiary shall be deposited by the Secretary into the qualified higher education subaccount. ``(2) Coordination with deposits.--With respect to any taxable year, the aggregate amount which would (but for this subsection) be allowed as a credit to the eligible taxpayer under this section with respect to each qualified beneficiary shall be reduced (but not below zero) by the aggregate amount deposited under paragraph (1) with respect to such beneficiary for such taxable year. ``(3) Required information.--With respect to each qualified beneficiary, no credit shall be allowed under this section to a taxpayer who does not include on the return of tax for the taxable year-- ``(A) the identification number for any Coverdell education savings account of the qualified beneficiary, ``(B) such information regarding the administrator of such account as the Secretary may prescribe, and ``(C) the amount paid by the taxpayer during the taxable year to any qualified higher education subaccount established within the Coverdell education savings accounts for the benefit of such qualified beneficiary. ``(e) Marital Status; Certain Married Individuals Living Apart.-- Rules similar to the rules of paragraphs (2), (3), and (4) of section 21(e) shall apply for purposes of this section. ``(f) Regulations.--The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section.''. (b) Modifications to Coverdell Education Savings Account Provisions.--Section 530 of the Internal Revenue Code of 1986 (relating to Coverdell education savings accounts) is amended by adding at the end the following new subsection: ``(i) Qualified Higher-Education Subaccounts.-- ``(1) In general.--The trustee of a Coverdell education savings account may elect to allow individuals to elect to establish, and make contributions to, a qualified higher education subaccount within the account. ``(2) Treatment of subaccount.-- ``(A) In general.--Amounts in the subaccount shall be treated in the same manner as amounts in the Coverdell education savings account, except that such amounts shall be held exclusively for the purpose of paying qualified higher education expenses (as defined in section 529(e)(3)), including amounts described in subsection (b)(2)(B). ``(B) Application of limit.--For purposes of applying the limit under subsection (b)(1)(A)(iii)-- ``(i) contributions to a qualified higher education subaccount and other contributions to the Coverdell education savings account shall be aggregated, and ``(ii) payments to the subaccount by the Secretary under section 36(d)(1) shall not be taken into account. ``(C) Treatment of distributions.--For purposes of subsection (d)-- ``(i) In general.--In determining whether distributions from a qualified higher education subaccount exceed the qualified education expenses of the designated beneficiary, only expenses described in subparagraph (A) shall be taken into account. ``(ii) Rollovers.--Any amount paid or distributed out of a qualified higher education subaccount shall be treated as a rollover contribution under subsection (d)(5) only if it is paid to another such subaccount within the required time period. ``(iii) Distributions not used for qualified expenses.--If any amount paid or distributed out of a qualified higher education subaccount which is allocable to a payment to the subaccount by the Secretary under section 36(d)(1) (and earnings thereon) exceeds the qualified education expenses of the designated beneficiary (determined after application of clause (i))-- ``(I) such amount shall not be includible in gross income, but ``(II) the tax imposed by this chapter for the taxable year of the taxpayer who receives the payment or distribution shall be increased by 100 percent of the amount of the excess. For purposes of the preceding sentence, payments or distributions shall be treated as having been made first from payments under section 36(d)(1) (and earnings thereon). This clause shall not apply to payments or distributions described in clause (i) or (ii) of subsection (d)(4)(B).''. (c) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 36 of such Code''. (2) The table of sections for subpart C of part IV of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 36. Credit match of contributions to Coverdell education savings accounts. ``Sec. 37. Overpayments of tax.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006.

Kick Start to College Act - Amends the Internal Revenue Code to allow parents a tax credit for contributions to a qualified higher education subaccount established under a Coverdell education savings account to pay their childrens' higher education expenses.

SECTION 1. TREATMENT OF TAX-EXEMPT BOND FINANCING OF CERTAIN ELECTRICAL OUTPUT FACILITIES. (a) Certain Transactions Treated as Sales to General Public for Purposes of Private Business Tests.--Paragraph (8) of section 141(b) of the Internal Revenue Code of 1986 (defining nonqualified amount) is amended to read as follows: ``(8) Nonqualified amount.--For purposes of this subsection-- ``(A) In general.--The term `nonqualified amount' means, with respect to an issue, the lesser of-- ``(i) the proceeds of such issue which are to be used for any private business use, or ``(ii) the proceeds of such issue with respect to which there are payments (or property or borrowed money) described in paragraph (2). ``(B) Use pursuant to certain transactions not taken into account.--There shall not be taken into account in determining a nonqualified amount with respect to an issue 5 percent or more of the proceeds of which are to be used with respect to any output facility furnishing electric energy any of the following transactions: ``(i) The sale of output by such facility to another State or local government output facility for resale by such other facility if such other facility is not participating in an open access plan (as defined in subsection (f)(3)) and the output is to be used for government use. ``(ii) Participation by such facility in an output exchange agreement with other output facilities if-- ``(I) such facility is not a net seller of output under such agreement determined on not more than an annual basis, ``(II) such agreement does not involve output-type contracts, and ``(III) the purpose of the agreement is to enable the facilities to satisfy differing peak load demands or to accommodate temporary outages. ``(iii) The sale of excess output by such facility pursuant to a single agreement of not more than 30 days duration, other than through an output contract with specific purchasers. ``(iv) The sale of excess output by such facility not to exceed $1,000,000.''. (b) Election To Terminate Tax-Exempt Bond Financing by Certain Electrical Output Facilities.--Section 141 of the Internal Revenue Code of 1986 (relating to private activity bond; qualified bond) is amended by adding at the end the following: ``(f) Election To Terminate Tax-Exempt Bond Financing by Certain Electrical Output Facilities.-- ``(1) In general.--In the case of an output facility for the furnishing of electric energy financed with bonds which would cease to be tax-exempt as the result of the participation by such facility in an open access plan, such bonds shall not cease to be tax-exempt bonds if the person engaged in such furnishing by such facility makes an election described in paragraph (2). Such election shall be irrevocable and binding on any successor in interest to such person. ``(2) Election.--An election is described in this paragraph if it is an election made in such manner as the Secretary prescribes, and such person agrees that-- ``(A) such election is made with respect to all output facilities for the furnishing of electric energy by such person, ``(B) no bond exempt from tax under section 103 may be issued on or after the date of the participation by such facilities in an open access plan with respect to all such facilities of such person, and ``(C) such outstanding bonds used to finance such facilities for such person are redeemed not later than 6 months after-- ``(i) in the case of bonds issued before December 1, 1997, the later of-- ``(I) the earliest date on which such bonds may be redeemed, or ``(II) the date of the election, and ``(ii) in the case of bonds issued after November 30, 1997, and before the date of the participation by such facility in an open access plan, the earlier of-- ``(I) the earliest date on which such bonds may be redeemed, or ``(II) the date which is 10 years after the date of the enactment of this subsection. ``(3) Open access plan.--For purposes of this subsection, the term `open access plan' means-- ``(A) a plan by a State to allow more than 1 electric energy provider to offer such energy in a State authorized competitive market, or ``(B) a plan established or approved by an order issued by the Federal Energy Regulatory Commission which requires or allows transmission of electric energy on behalf of another person. ``(4) Related persons.--For purposes of this subsection, the term `person' includes a group of related persons (within the meaning of section 144(a)(3)) which includes such person.''. (c) Effective Date.--The amendments made by this section shall apply to sales of output after November 8, 1997.

Amends the Internal Revenue code to set forth provisions concerning the treatment of tax-exempt bond financing of certain electrical output facilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Bone Marrow Donor Registry Reauthorization Act''. SEC. 2. NATIONAL BONE MARROW DONOR REGISTRY. (a) National Registry.--Section 379 of the Public Health Service Act (42 U.S.C. 274k) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``except that'' and all that follows and inserting ``except that-- ``(A) such limitations shall not apply to the Chair of the board (or the Chair-elect) or to the member of the board who most recently served as the Chair; and ``(B) 1 additional consecutive 2-year term may be served by any member of the board who has no employment, governance, or financial affiliation with any donor center, recruitment group, transplant center, or cord blood bank.''; and (B) in paragraph (4)-- (i) by striking ``the Naval Medical Research and Development Command'' and inserting ``the Department of Defense Marrow Donor Recruitment and Research Program operated by the Department of the Navy''; and (ii) by striking ``Organ'' after ``Division of''; (2) in subsection (b)-- (A) in paragraph (4), by inserting ``at least'' before ``annually''; (B) in paragraph (7), by striking ``and comparisons of transplant centers regarding search and other costs that prior to transplantation are charged to patients by transplant centers; and''; (C) in paragraph (8), by inserting ``and outreach'' after ``and demonstration''; (D) at the end of paragraph (8), by striking the period and inserting a semicolon; (E) by redesignating paragraphs (3) through (8) as paragraphs (4) through (9); (F) by inserting after paragraph (2), the following: ``(3) maintain and expand medical emergency contingency response capabilities in concert with Federal programs for response to threats of use of terrorist or military weapons that can damage marrow, such as ionizing radiation or chemical agents containing mustard, so that the capability of supporting patients with marrow damage from disease can be used to support casualties with marrow damage;''; and (G) by adding at the end the following: ``(10) conduct and support research to improve the availability, efficiency, safety, and cost of transplants from unrelated donors and the effectiveness of Registry operations; ``(11) increase the number of umbilical cord blood units listed in the Registry and assist cord blood banks in the Registry program in accordance with subsection (c); and ``(12) establish bylaws and procedures-- ``(A) to prohibit any member of the board of directors of the Registry who has an employment, governance, or financial affiliation with a donor center, recruitment group, transplant center, or cord blood bank from participating in any decision that materially affects the center, recruitment group, transplant center, or cord blood bank; and ``(B) to limit the number of members of the board with any such affiliation.''; (3) in subsection (c)-- (A) in clause (ii) of paragraph (2)(A), by striking ``, including providing updates''; and (B) in paragraph (3), by striking ``the availability, as a potential treatment option, of receiving a transplant of bone marrow from an unrelated donor'' and inserting ``transplants from unrelated donors as a treatment option and resources for identifying and evaluating other therapeutic alternatives''; (4) in subsection (d)-- (A) in paragraph (2)(C), by inserting ``and assist with information regarding third party payor matters'' after ``ongoing search for a donor''; (B) in paragraph (2)(F)-- (i) by redesignating clause (v) as clause (vi); and (ii) by inserting after clause (iv) the following: ``(v) Information concerning issues that patients may face after a transplant regarding continuity of care and quality of life.''; and (C) in paragraph (3)(B), by striking ``Office may'' and inserting ``Office shall''; (5) in subsection (g), by striking ``the bone marrow donor program of the Department of the Navy'' and inserting ``the Department of Defense Marrow Donor Recruitment and Research Program operated by the Department of the Navy''; (6) in subsection (h)-- (A) by striking ``Application.--'' and inserting ``Contracts.--''; (B) by striking ``To be eligible'' and inserting the following: ``(1) Application.--To be eligible''; and (C) by adding at the end the following: ``(2) Considerations.--In awarding contracts under this section, the Secretary shall give substantial weight to the continued safety of donors and patients and other factors deemed appropriate by the Secretary.''; (7) in subsection (i), by striking ``include'' and inserting ``be''; and (8) by striking subsection (l). (b) Bone Marrow Scientific Registry.--Section 379A of the Public Health Service Act (42 U.S.C. 274l) is amended-- (1) in subsection (a), by adding at the end the following: ``The scientific registry shall participate in medical research that has the potential to improve transplant outcomes.''; (2) in subsection (c), by striking ``Each such report shall in addition include the data required in section 379(l) (relating to pretransplant costs).''; and (3) by adding after subsection (c) the following: ``(d) Publicly Available Data.--The scientific registry shall make relevant scientific information not containing individually identifiable information available to the public in the form of summaries and data sets to encourage medical research and to provide information to transplant programs, physicians, and patients.''. (c) Bone Marrow and Marrow Defined.--Part I of title III of the Public Health Service Act (42 U.S.C. 274k et seq.) is amended-- (1) by redesignating section 379B as section 379C; and (2) by inserting after section 379A the following: ``SEC. 379B. BONE MARROW AND MARROW DEFINED. ``For purposes of this part, the terms `bone marrow' and `marrow' include bone marrow and any other source of hematopoietic progenitor cells the acquisition or use of which is not inconsistent with Federal law.''. (d) Authorization of Appropriations.--Section 379C of the Public Health Service Act, as redesignated by subsection (c), is amended to read as follows: ``SEC. 379C. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--For the purpose of carrying out this part, there are authorized to be appropriated $32,000,000 for fiscal year 2004, and such sums as may be necessary for each of the fiscal years 2005 through 2008. ``(b) Emergency Contingency Response Capabilities.--In addition to the amounts authorized to be appropriated under subsection (a), there are authorized to be appropriated such sums as may be necessary for the maintenance and expansion of emergency contingency response capabilities under section 379(b)(3).''. Passed the House of Representatives October 1, 2003. Attest: Clerk.

National Bone Marrow Donor Registry Reauthorization Act - Amends the Public Health Service Act to authorize: (1) specified FY 2004 appropriations, and FY 2005 through 2008 appropriations, for the National Bone Marrow Donor Registry; and (2) appropriations for emergency contingency response capabilities. Revises Registry provisions respecting: (1) board of directors term of office; and (2) Registry functions, including emergency response to terrorist threats injurious to bone marrow, and umbilical cord blood units and blood banks. Defines "bone marrow" and "marrow" to include bone marrow and any other source of hematopoietic progenitor cells the acquisition or use of which is not inconsistent with Federal law.

SECTION 1. AUTHORIZATION AND DETERMINATION OF BENEFITS FOR AFFECTED PARTICIPANTS. (a) Authorization for Payment to Affected Participants.--To the extent provided in advance in appropriations Acts, the Secretary of Energy (referred to in this Act as the ``Secretary'')-- (1) shall establish a program under which the Secretary shall pay any affected participant described in subsection (b) a one-time lump sum payment in an amount to be determined by the Secretary under subsection (c); and (2) may contract for the procurement of information necessary to enable the Secretary to effectively carry out the provisions of this section. (b) Affected Participant.--For the purposes of this section, an affected participant is a person described under section 3110(a)(6)(B) of the USEC Privatization Act (42 U.S.C. 2297h-8(a)(6)(B)). (c) Determination of Payment for Affected Participants.-- (1) In general.--The Secretary shall pay an affected participant, pursuant to an application timely filed by such participant, a one-time lump sum payment equal to an amount which bears the same ratio to the total recoverable amount described in paragraph (2) as the actuarial present value of the accrued benefits of the affected participant under the pension plan from which a transfer of plan assets and liabilities required under section 3110(a)(2) of the USEC Privatization Act (42 U.S.C. 2297h-8(a)(2)) was made (as of immediately before the transfer) bears to the actuarial present value of the accrued benefits of all affected participants under the pension plan from which the transfer under such section was made (as of immediately before the transfer). (2) Total recoverable amount.--For purposes of this subsection, the total recoverable amount is an amount equal to the excess of-- (A) the present value of benefits that would have been accrued or accruable by all affected participants under the pension plan from which the transfer under section 3110(a)(2) of the USEC Privatization Act was made if such transfer had not occurred and if benefit increases had occurred, in connection with the transferred liabilities, under such plan equivalent to benefit increases that have occurred under such plan in connection with the other liabilities under such plan, over (B) the present value of benefits accrued or accruable by all such affected participants under the pension plan to which the transfer under section 3110(a)(2) of the USEC Privatization Act (42 U.S.C. 2297h-8(a)(2)) was made. (3) Considerations.--In determining a payment under this section, the Secretary shall consider, with respect to the pension plan from which the transfer under section 3110(a)(2) of the USEC Privatization Act (42 U.S.C. 2297h-8(a)(2)) was made and the pension plan to which such transfer was made, benefits accrued as of the date of enactment of this Act and accruable through attainment of normal retirement age, assuming continued service under the plan until attainment of such age and the same rate of basic pay subject to increases reflective of reasonably anticipated increases in the cost of living. (4) Successor plans.--For the purposes of paragraphs (2) and (3), any reference to the pension plan from which the transfer under section 3110(a)(2) of the USEC Privatization Act (42 U.S.C. 2297h-8(a)(2)) was made shall include a reference to any successor to such plan (other than the pension plan to which the transfer required by such section was made) if such successor plan received assets in excess of the actuarial present value of accrued benefits under such plan upon succession. (d) Pro Rata Reduction of Payment.--The Secretary shall provide for pro rata reductions in payment amounts determined by the Secretary under subsection (c) to affected participants described in subsection (b) to the extent necessary to adjust for amounts provided in appropriation Acts for purposes of the program under subsection (a). (e) Determination of Findings of Fact.--The Secretary may make findings of facts and decisions as to the rights of any affected participant applying for a payment under this section. (f) Rulemaking.--Not later than 60 days after the date of enactment of this Act, the Secretary shall issue regulations to carry out this section. Such regulations shall provide a requirement for applicants for payments under this section to consent to the release of any information requested by the Secretary. (g) Public Notice.--To the extent practicable, the Secretary shall provide notice to individuals who may be eligible to receive a payment under this section. (h) Application for Payment.--To be eligible for a payment under this section, an affected participant shall prepare and submit to the Secretary an application-- (1) not later than 240 days after the date of enactment of this Act; (2) in such manner; and (3) containing such information as the Secretary requires. (i) Timely Payments.--To the extent practicable, the Secretary shall determine and make a payment to an affected participant not later than 180 days after such participant's submission of an application for payment under subsection (h). (j) Hearing and Judicial Review.-- (1) Hearing.-- (A) In general.--Upon request by any affected participant applying for a payment under this section, who makes a showing in writing that such participant's rights may have been prejudiced by any decision the Secretary has rendered, the Secretary shall give such participant reasonable notice and opportunity for a hearing with respect to such decision, and, if a hearing is held, shall, on the basis of evidence adduced at the hearing, affirm, modify, or reverse the Secretary's findings of fact and such decision. (B) Request for hearing.--Any request for a hearing under this subsection must be filed within 60 days after notice of a decision by the Secretary is received by the affected participant making such a request. (C) Secretary.--The Secretary is further authorized, on the Secretary's own motion, to hold such hearings and to conduct such investigations and other proceedings as the Secretary may deem necessary or proper for the administration of this section. (2) Judicial review.-- (A) In general.--Any affected participant, after any final decision of the Secretary made after a hearing to which such participant was a party, irrespective of the amount in controversy, may obtain a review of such decision by a civil action commenced within 60 days after the mailing to such participant of notice of such decision or within such further time as the Secretary may allow. (B) Jurisdiction and venue.--An action under this section shall be brought in the district court of the United States for the judicial district in which the affected participant plaintiff resides, or where such plaintiff has a principal place of business, or, if such plaintiff does not reside or have a principal place of business within any such judicial district, in the United States District Court for the District of Columbia. (C) Judicial determination.--The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Secretary, with or without remanding the cause for a rehearing. (D) Final judgment.--The judgment of the court shall be final, except that it shall be subject to review in the same manner as a judgment in other civil actions. (E) Change in secretary.--Any action instituted in accordance with this section shall survive notwithstanding any change in the person occupying the office of Secretary or any vacancy in such office. (k) Secretary's Responsibility; No Third Party Liability.-- (1) Secretary's responsibility.--The Secretary shall be responsible for all payments and costs under this section and for answering questions relating to the implementation of this section for affected participants and applicants for payment. In no event shall the current or former employer of an affected participant or applicant be responsible for providing communication, making payments, reporting payments, answering questions, or providing calculations. (2) No third party liability.--Nothing in this section shall be deemed to impose any liability or cost, or authorize any claim against the operator of the Department of Energy's uranium enrichment facility in Paducah, Kentucky, or against any person or entity other than the Secretary. (l) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such amounts as necessary to carry out this section.

Directs the Secretary of Energy to establish a program for paying certain affected participants a one-time lump sum payment. Defines affected participants as persons who retired from active employment at one of the gaseous diffusion plants of the United States Enrichment Corporation (USEC), or are employed by USEC's operating contractor, on or before its privatization date as vested participants in a pension plan maintained either by USEC's operating contractor or by a contractor employed prior to July 1, 1993, by the Department of Energy to operate a gaseous diffusion plant. Prescribes a formula for the determination of such payments, based on the total recoverable amount of accrued pension benefits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tongass Transfer and Transition Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) It is in the public interest to provide a mechanism to transfer ownership of the Tongass National Forest to the State of Alaska to be managed and operated under the laws of the State of Alaska. (2) The State of Alaska is the level of government that is most sensitive to the ecologic and economic needs of the people of the Tongass and other Alaskans. (3) The State of Alaska is committed to policies in connection with the Tongass that include informed decisionmaking, prudent management of Tongass resources with sound science, multiple, balanced, and sustainable use of Tongass resources, an inclusive planning process for the diverse interests associated with the Tongass, and planning that fosters consensus. (4) It is appropriate for the State level of government to own and manage the land area now comprising Tongass National Forest and to provide the best ecologic and economic balance in the Southeast Alaska area that comprises the Tongass National Forest. (5) Without Federal constraints and costs, the State of Alaska is in a better position to balance the diverse needs and interests of those concerned with the future of the Tongass. (6) It is necessary to provide a smooth transition between Federal and State ownership and control and to resolve as many issues as possible prior to State ownership and control. SEC. 3. DEFINITIONS. For purposes of this Act: (1) The term ``Secretary'' means the Secretary of Agriculture. (2) The term ``Tongass National Forest'' means the Tongass National Forest, as depicted on the map numbered ____ and dated ____. (3) The term ``Federal obligation'' means any obligation or duty of the United States Forest Service arising out of any lease, permit, license, contract, and other legal instruments issued by or with the Forest Service relating to the Tongass National Forest. The term ``Federal obligation'' does not include any obligation with respect to a Federal law, regulation, or policy. (4) The term ``Tongass National Forest lands'' includes all right, title, and interest of the United States in and to all real property located in the Tongass National Forest, and all structures (permanent and temporary) owned by the United States Forest Service located on such land. (5) The term ``transfer-transition period'' means the period beginning when the State of Alaska elects to receive the lands pursuant to this Act and ending one year thereafter. (6) The term ``transfer date'' means the date on which the State of Alaska elects to receive the lands pursuant to this Act and notifies the Secretary of such election. (7) The term ``patent date'' means the last day of the transfer-transition period. (8) Terms used in section 6(c) shall be accorded the meaning given to such terms under the Alaska National Interest Lands Conservation Act. SEC. 4. TRANSFER OF TONGASS LANDS AND PROPERTY TO THE STATE OF ALASKA. (a) Automatic Transfer of Lands.--If, within 10 years after the date of the enactment of this Act, the State of Alaska elects to receive all Tongass National Forest lands in conformance with subsection (b), and so notifies the Secretary, all Tongass National Forest lands shall be conveyed, by operation of law, to the State of Alaska, subject only to valid existing rights. Such transfer shall occur in accordance with this Act. (b) Form of Election.--The election by the State of Alaska to receive lands pursuant to subsection (a) shall be in the form of a bill approved by the House and Senate of the Alaska State Legislature and signed by the Governor of the State of Alaska. Such law shall state that-- (1) the State of Alaska elects to receive all Tongass National Forest lands; (2) the Tongass National Forest lands received shall be received subject to valid existing rights; (3) the procedures specified in this Act and the transition provisions of this Act shall apply to the transfer; and (4) the rights and obligations of the United States under the Alaska Native Claims Settlement Act with respect to lands, rights in lands, and use of lands transferred by the Tongass Transfer and Transition Act shall not be infringed by the State of Alaska. (c) Procedure.--Upon receipt by the Secretary of Agriculture of a copy of the law specified under subsection (b), the Secretary of Agriculture shall prepare a patent conveying all Tongass National Forest lands to the State of Alaska and shall deliver such patent to the State of Alaska on the patent date. The duty of the Secretary to prepare and deliver such patent pursuant to this Act shall be purely ministerial and delivery of the patent on the patent date shall not be withheld or conditioned. The United States Supreme Court shall have exclusive jurisdiction to issue such writs and compel such actions as may be necessary to accomplish the conveyance made under this Act. (d) Other Property.--Upon the election pursuant to subsection (a) and concurrent with the transfer of lands pursuant to this Act, the Secretary shall also transfer the right and title to and interest in all other types of property (including real and personal property) used for purposes of operating, administering, and managing the Tongass National Forest. Such property shall be transferred on the patent date and include only that which is owned by the United States and used by the United States Forest Service within the Tongass National Forest and that which is directly associated with the management of such Forest. All vehicles transferred shall be painted the official colors of State of Alaska vehicles prior to transfer. SEC. 5. TRANSITION PROVISIONS DURING THE TRANSITION PERIOD. (a) Existing Obligations of the United States.--The United States shall remain obligated for Federal obligations during the transfer- transition period. (b) Employees.--During the transfer-transition period, to the extent practicable, the State of Alaska shall interview each person employed on the date of the enactment of this Act in the Tongass National Forest by the United States Forest Service for purposes of reemployment by the State of Alaska for a comparable function within the new State administrative system for the Tongass Forest. Employees who do not secure employment with the State of Alaska shall be given preferential treatment for purposes of other available positions with the United States Government. (c) Alaska Pulp Corporation Contract.--The State of Alaska shall enter into discussions with the Alaska Pulp Corporation during the transition-transfer period and conclude an agreement which reinstates the Alaska Pulp Corporation Contract (Contract No. 12-11-010-1545) within six months of the patent date. Such agreement shall provide for dismissal with prejudice of a lawsuit styled as Alaska Pulp Corporation against the United States of America, No. 95-153C. Such reinstatement shall include an additional provision which requires sale or assignment of such contract to a third party who agrees to construct a manufacturing facility in Southeast Alaska that utilizes pulp-grade logs. The State of Alaska shall assume the obligations of the Forest Service under such reinstated contract, except that the State of Alaska shall assume no obligation for any claim relating to such contract which arose from an occurrence before the transfer date. (d) Timber Road Program Fund.--From amounts remaining after making payments for the benefit of public schools and roads under the Act of May 23, 1908 (16 U.S.C. 500), the Secretary shall, notwithstanding any other provision of law, provide the gross receipts from the Tongass National Forest derived from timber sale stumpage fees due during the transfer-transition period to the State of Alaska as seed money for purposes of establishing a timber roads revolving fund. SEC. 6. TRANSITION PROVISIONS OUTSIDE THE TRANSITION PERIOD. (a) Management of Transferred Lands.--(1) Beginning on the patent date, the lands transferred pursuant to this Act shall be administered and managed under applicable State of Alaska law, except as otherwise provided in this Act for the period provided by this Act. (2) During the transfer-transition period and until the patent date, the lands subject to transfer pursuant to this Act shall be administered and managed under Federal law and the Tongass Land Management Plan. (b) Land Designations.--Land use designations in effect on the date of the enactment of this Act under the Tongass Land Management Plan shall continue in effect for a period of up to one year after the patent date, but shall cease to be applicable when the State of Alaska adopts a land use designation system for the transferred lands during such one-year period. (c) Subsistence Use After the Patent Date.--The Secretary of the Interior shall retain continuing authority to manage subsistence uses of fish and wildlife on lands transferred under this Act until such time as the State of Alaska law is in compliance with title VIII of the Alaska National Interest Lands Conservation Act. (d) Mining Claims.--(1) For a period of 15 years after the patent date, Federal mining claims located before the patent date pursuant to the General Mining Law of 1872 (30 U.S.C. 22 and following) in the Tongass National Forest shall remain subject to the laws, rules, regulations, and policies of the United States, but such laws, rules, regulations, and policies shall be administered by the State of Alaska. During such period, the right and ability of a claimholder to patent such a mining claim shall not be infringed. An application to patent a Federal mining claim located in the area comprising the Tongass National Forest may be made by the claimholder with the State of Alaska and shall constitute an election by the claim holder to be subject to Federal mining claim patent procedures administered by the State of Alaska. (2) At any time during the 15-year period referred to in paragraph (1), the holder of a Federal mining claim may elect to convert the claim into a mining claim to be administered under the laws of the State of Alaska. An election to convert such a claim must be in writing, include such information as the Commissioner may request, and be sent to the Commissioner of the Department of Natural Resources of the State of Alaska. The State of Alaska shall convert each Federal claim into one or more State claims covering the area of the Federal claim. (3) Upon the expiration of the 15-year period referred to in paragraph (1), each Federal mining claim for which a mining patent application has not been filed and which is located within the Tongass National Forest shall be converted by operation of law into a mining claim or claims to be administered under the laws of the State of Alaska. (4) During the transfer-transition period the Federal Government shall maintain the right to receive fees and revenues, if any, due on Federal mining claims. After the patent date, the State of Alaska shall have the right to receive any fees or revenues due on Federal claims that are not converted under paragraph (2) or (3). (e) Land Grants to Native People.--The State of Alaska shall negotiate in good faith to obtain an agreement with the native people of the communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska who did not receive a land claim settlement under the Alaska Native Claims Settlement Act. Under such agreement, the State of Alaska shall convey not less than 23,040 acres of surface estate and not more than 46,080 acres of surface estate to each community within the boundary of the land transferred for purposes of historical, cultural, economic (including timber, tourism, and recreation) development and subsistence use in settlement of such claims. Upon the conveyance of such surface estate, the State of Alaska shall convey the subsurface estate of such lands to Sealaska Corporation. Unprocessed timber (as defined in section 493 of Public Law 101-382) may not be exported from Alaska. Negotiations shall conclude as soon as practicable after the patent date, but in no case later than two years after the transfer date. If an agreement is not reached, then the matter shall be submitted to binding arbitration. (f) Timber Receipts to Local Governments.--In each year, beginning with the fiscal year of the State of Alaska beginning after the transfer date and ending with the tenth fiscal year thereafter, the State of Alaska shall allocate 25 percent of the net timber stumpage receipts for all timber sold on the lands transferred under authority of this Act directly to boroughs, municipalities, and local governments for purposes of schools, educational materials, and community roads. (g) Timber Receipts to the United States.--For a period of 10 calendar years, beginning with the fiscal year of the State of Alaska beginning after the patent date, the State of Alaska shall pay to the United States, 25 percent of the net receipts for all timber sold on the lands transferred under authority of this Act. (h) Ketchikan Pulp Contract.--On the patent date, the State of Alaska shall assume all the obligations of the United States and be entitled to all the benefits due to the United States under Contract No. A10fs-1042 with the Ketchikan Pulp Corporation beginning on the patent date. (i) Timber Exports.--The State of Alaska shall prohibit by law export of unprocessed saw, utility, and pulp logs originating from lands transferred under this Act for a minimum period of ten years. (j) Existing Obligations After Patent Date.--On the patent date, the State of Alaska shall assume all Federal obligations and duties and receive all rights of the United States Forest Service, except that the State of Alaska shall assume no obligation for any claim for damages or specific performance relating to a contract if such claim arose before the patent date, unless the State of Alaska receives the benefit from such an obligation. SEC. 7. MISCELLANEOUS DUTIES OF THE PARTIES AND OTHER PROVISIONS RELATING TO THE TRANSFER. (a) Map and Legal Description.--The Secretary shall provide the State of Alaska with a map and other legal descriptions of the land to be transferred under section 4. The map and the legal descriptions provided under this subsection shall be on file and available for public inspection in the Office of the Secretary in Washington, District of Columbia, and in two readily accessible locations in Alaska, at least one of which is in Southeast Alaska. (b) Hazardous Materials.--As promptly as practicable after the enactment of this Act, the Secretary shall make available to the State of Alaska for review and inspection, all pertinent records relating to hazardous materials, if any, on lands to be transferred under this section. The responsibility for costs of remedial action related to such materials shall be borne by those entities responsible under existing law. (c) Judicial Review.--Transfer of land pursuant to this Act shall not be subject to judicial review in any court of the United States, except-- (1) to the extent a right of judicial review is conferred specifically by the United States Constitution; (2) otherwise conferred by this Act; or (3) when sought by the State of Alaska on matters pertaining to rights conferred by this Act. (d) Rulemaking.--No formal rules under section 553 of title 5, United States Code, are required to implement this Act. (e) Survey.--The patent for lands conveyed pursuant to this Act shall not be subject to completion of a field survey and may be issued based on a protraction survey. (f) Repeal.--Sections 503, 508, 703, 704, 705, and 706 of the Alaska National Lands Interest Conservation Act are repealed on the patent date. Title III of the Tongass Timber Reform Act is repealed on the transfer date. (g) Encumbrances.--For purposes of an orderly transfer of the Tongass National Forest to State ownership and transition to State management, the Secretary shall provide a list of encumbrances of record and otherwise known in the Tongass National Forest to the Commissioner of the Department of Natural Resources of the State of Alaska during the transfer-transition period. The transfer under this Act shall be subject to all existing encumbrances.

Tongass Transfer and Transition Act - Provides for the transfer to Alaska of the Tongass National Forest if so elected by Alaska within a specified period of time. Sets forth transition provisions, including: (1) reinstatement of the Alaska Pulp Corporation; (2) creation of a timber road revolving fund; (3) land grants to Native Alaskans; and (4) timber and mining provisions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Agency Compliance Act''. SEC. 2. PROHIBITING INTRACIRCUIT AGENCY NONACQUIESCENCE IN APPELLATE PRECEDENT. (a) In General.--Chapter 7 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 707. Adherence to court of appeals precedent ``(a) Except as provided in subsection (b), an agency (as defined in section 701(b)(1) of this title) shall, in administering a statute, rule, regulation, program, or policy within a judicial circuit, adhere to the existing precedent respecting the interpretation and application of such statute, rule, regulation, program, or policy, as established by the decisions of the United States court of appeals for that circuit. All officers and employees of an agency, including administrative law judges, shall adhere to such precedent. ``(b) An agency is not precluded under subsection (a) from taking a position, either in administration or litigation, that is at variance with precedent established by a United States court of appeals if-- ``(1) it is not certain whether the administration of the statute, rule, regulation, program, or policy will be subject to review by the court of appeals that established that precedent or a court of appeals for another circuit; ``(2) the Government did not seek further review of the case in which that precedent was first established, in that court of appeals or the United States Supreme Court, because neither the United States nor any agency or officer thereof was a party to the case or because the decision establishing that precedent was otherwise substantially favorable to the Government; or ``(3) it is reasonable to question the continued validity of that precedent in light of a subsequent decision of that court of appeals or the United States Supreme Court, a subsequent change in any pertinent statute or regulation, or any other subsequent change in the public policy or circumstances on which that precedent was based.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 7 of title 5, United States Code, is amended by adding at the end of following new item: ``707. Adherence to court of appeals precedent.''. SEC. 3. PREVENTING UNNECESSARY AGENCY RELITIGATION IN MULTIPLE CIRCUITS. (a) In General.--Chapter 7 of title 5, United States Code, as amended by section 2(a), is amended by adding at the end the following: ``Sec. 708. Supervision of litigation; limiting unnecessary relitigation of legal issues ``(a) In supervising the conduct of litigation, the officers of any agency of the United States authorized to conduct litigation, including the Department of Justice acting under sections 516 and 519 of title 28, United States Code, shall ensure that the initiation, defense, and continuation of proceedings in the courts of the United States within, or subject to the jurisdiction of, a particular judicial circuit avoids unnecessarily repetitive litigation on questions of law already consistently resolved against the position of the United States, or an agency or officer thereof, in precedents established by the United States courts of appeals for 3 or more other judicial circuits. ``(b) Decisions on whether to initiate, defend, or continue litigation for purposes of subsection (a) shall take into account, among other relevant factors, the following: ``(1) The effect of intervening changes in pertinent law or the public policy or circumstances on which the established precedents were based. ``(2) Subsequent decisions of the United States Supreme Court or the courts of appeals that previously decided the relevant question of law. ``(3) The extent to which that question of law was fully and adequately litigated in the cases in which the precedents were established. ``(4) The need to conserve judicial and other parties' resources. ``(c) The Attorney General shall report annually to the Committees on the Judiciary of the Senate and the House of Representatives on the efforts of the Department of Justice and other agencies to comply with subsection (a). ``(d) A decision on whether to initiate, defend, or continue litigation is not subject to review in a court, by mandamus or otherwise, on the grounds that the decision violates subsection (a).''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 7 of title 5, United States Code, as amended by section 2(b), is amended by adding at the end of following new item: ``708. Supervision of litigation; limiting unnecessary relitigation of legal issues.''. Passed the House of Representatives February 25, 1998. Attest: ROBIN H. CARLE, Clerk.

Federal Agency Compliance Act - Requires a Federal agency and its officers and employees, in administering a statute, rule, regulation, program, or policy (statute) within a judicial circuit, to adhere to the existing precedent respecting the interpretation and application of such statute, as established by the decisions of the U.S. court of appeals for that circuit, with exceptions. Allows an agency to take a position, either in administration or litigation, that is at variance with such precedent if: (1) it is uncertain whether the administration of the statute will be subject to review by the appeals court that established that precedent or a court of appeals for another circuit; (2) the Government did not seek further review of the case in which that precedent was first established in that appeals court or the U.S. Supreme Court because neither the United States nor any agency or officer thereof was a party to the case or because the decision establishing that precedent was otherwise substantially favorable to the Government; or (3) it is reasonable to question the continued validity of that precedent in light of a subsequent decision of that appeals court or the U.S. Supreme Court, a subsequent change in any pertinent statute or regulation, or any other subsequent change in the public policy or circumstances on which that precedent was based. Requires: (1) the officers of any Federal agency supervising the conduct of litigation to ensure that the initiation, defense, and continuation of proceedings in the U.S. courts within, or subject to the jurisdiction of, a particular judicial circuit avoids unnecessarily repetitive litigation on questions of law already consistently resolved against the U.S. position in precedents established by the U.S. courts of appeals for three or more other judicial circuits; (2) decisions on whether to initiate, defend, or continue litigation for purposes of this Act to take into account specified factors, including the effect of intervening changes in pertinent law or the public policy or circumstances on which the established precedents were based; and (3) the Attorney General to report annually to specified congressional committees on the Federal agency efforts to comply with such requirements. Specifies that a decision on whether to initiate, defend, or continue litigation is not subject to court review on the grounds that the decision violates such requirements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employees' Optional Early Retirement Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to reduce Federal Government civilian payrolls in an orderly and voluntary manner; (2) to accommodate the personal plans of certain Federal Government employees who desire to retire but have not satisfied the applicable age and service requirements; (3) to allow current Federal Government employees to retire early in order to avoid possible adverse effects of Federal budgetary conditions; and (4) to provide increased job protection and career opportunities for Federal Government employees, especially women, members of minority groups, and young workers. SEC. 3. TEMPORARY VOLUNTARY EARLY RETIREMENT AUTHORITY. Section 8336 of title 5, United States Code, is amended-- (1) by redesignating subsection (n) as subsection (o); and (2) by inserting after subsection (m) the following new subsection (n): ``(n)(1) Except as provided in paragraph (2) of this subsection, an employee who-- ``(A) during the 60-day period beginning 30 days after the beginning of the fiscal year next following the date of the enactment of the Federal Employees' Optional Early Retirement Act, is separated from the service, except by removal for cause on charges of misconduct or delinquency-- ``(i) after completing 25 years of service; ``(ii) after becoming 50 years of age and completing 20 years of service; ``(iii) after becoming 55 years of age and completing 15 years of service; or ``(iv) after becoming 57 years of age and completing 5 years of service; and ``(B) is not entitled to an annuity under section 8337 of this title or subsection (a), (b), (d), (f), (h), or (j) of this section, is entitled to an annuity. ``(2) Paragraph (1) of this subsection shall not apply to a bankruptcy judge, a judge of the United States Court of Military Appeals, or any law enforcement officer, firefighter, or air traffic controller who is not in a supervisory or administrative position, as determined by the Director of the Office of Personnel Management.''. SEC. 4. COMPUTATION OF ANNUITY. The first sentence of section 8339(h) of title 5, United States Code, is amended by striking out ``or (j)'' and inserting in lieu thereof ``, (j), or (n)''. SEC. 5. APPLICATION OF AMENDMENTS TO OTHER FEDERAL GOVERNMENT RETIREMENT SYSTEMS. The President shall extend the application of the amendments made by sections 3 and 4-- (1) to participants in the Central Intelligence Agency Retirement and Disability System and their survivors under section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note); (2) to participants in the Foreign Service Retirement and Disability System and their survivors under section 827 of the Foreign Service Act of 1980 (94 Stat. 2124; 22 U.S.C. 4067); (3) to each employee of the Federal Government who is subject to chapter 84 of title 5, United States Code, by reason of an election under section 301 of the Federal Employees' Retirement System Act of 1986 (Public Law 99-335; 100 Stat. 599), except that section 302 of such Act (100 Stat. 601) shall apply in the case of such employee; and (4) if determined appropriate by the President, in like manner to employees of the Executive branch who are participants in any other Federal Government retirement system and their survivors. SEC. 6. EXEMPTION FOR ESSENTIAL OCCUPATIONAL CATEGORIES. (a) In General.--An officer or employee in the Executive branch retiring under section 8336(n) of title 5, United States Code (as added by section 3 of this Act), or pursuant to section 5 of this Act is not entitled to an annuity under or pursuant to such section if, immediately before the retirement, the officer or employee-- (1) is serving in a position in an exempt occupational category, (2) is working on an exempt project, or (3) is serving in a position in an exempt location, designated under subsection (b). (b) Exemption Authority.--The President or his designee may, for the purposes of this section, designate-- (1) as an exempt occupational category any occupational category in an Executive agency that is essential for the continuous performance of a critical mission of the Executive agency; (2) as an exempt project any project carried out by an Executive agency that is an essential project in the interests of the Federal Government; and (3) as an exempt location any location at which a responsibility of an Executive agency is carried out if, because of the undesirability of such location, it is difficult to fill employee vacancies at the location by voluntary transfers of other employees. (c) Limitations on Authority.--(1) A designation under subsection (b) shall be effective for the purposes of this section only if it is made in writing not later than the day before the optional early retirement period commences. (2)(A) The authority provided in subsection (b) may not be exercised in a manner that precludes more than 25 percent of the eligible officers and employees in an Executive agency from being entitled to an annuity under section 8336(n) of title 5, United States Code, or pursuant to section 5 of this Act. (B) For the purpose of subparagraph (A), the term ``eligible officers and employees'' means the officers and employees of the Federal Government who, without regard to subsection (a), would be entitled, upon separation from Federal Government employment, to an annuity under section 8336(n) of title 5, United States Code, or pursuant to section 5 of this Act. SEC. 7. HOLDOVER OF ESSENTIAL EMPLOYEES. (a) In General.--(1) An officer or employee in the Executive branch is not entitled to an annuity under section 8336(n) of title 5, United States Code (as added by section 3(2) of this Act), or pursuant to section 5 of this Act if, immediately before separating from Federal Government employment, the officer or employee is serving as an essential employee designated under subsection (b) of this section. (2) An officer or employee of an Executive agency who-- (A) separates from Federal Government employment immediately upon the termination of a designation under subsection (b); and (B) during the optional early retirement period, has given such Executive agency appropriate notice of his intention to separate from Federal Government employment under section 8336(n) of title 5, United States Code, or pursuant to section 5 of this Act, as the case may be, shall be entitled to an annuity under or pursuant to such section notwithstanding that the separation becomes effective after the expiration of such period. (b) Holdover Authority.--The head of an Executive agency may designate, for the purposes of this section, any officer or employee in such Executive agency as essential for-- (1) the continuous progress of a critical project under the responsibility of the Executive agency; or (2) the continuous performance of a critical responsibility assigned to such officer or employee by the Executive agency. (c) Limitation on Authority.--A designation under subsection (b) may not be effective for more than 6 months. SEC. 8. LIMITATION ON REPLACEMENT OF RETIREES. (a) In General.--Notwithstanding any other provision of law, except as provided in subsection (b), (c), (d), or (e), an appointment may not be made to a position of civilian employment in the Executive branch on any day during the hiring limitation period, unless the full-time employee equivalent of the total number of civilian employees in the Executive branch after such appointment on such day does not exceed the maximum authorized full-time employee equivalent number determined for such day, as provided in subsection (g)(2). (b) Waiver.--(1) The President or his designee may waive the application of subsection (a) in the case of a position or a category of positions in the Executive branch if the President (or his designee) determines that-- (A) the position or positions are essential for the performance of an Executive responsibility; or (B) the estimated aggregate cost of such position or positions during the hiring limitation period does not exceed the estimated aggregate amount of user fees that will be collected by the Federal Government for services performed under a Federal Government program or programs during such period by an employee in such position or employees in such positions. (2) The President (or his designee) may not exercise the waiver authority provided in paragraph (1) in a manner that results in increased pay and other personnel costs in any Executive agency that exceed the amount of the cost savings which result from the implementation of this Act and the amendments made by this Act in the case of such Executive agency. (c) Inapplicability of Limitation to Certain Reinstatements.-- Subsection (a) does not apply in the case of an individual who is reinstated to a position of employment the individual formerly held in the Executive branch by order of a court of the United States having jurisdiction to issue such order or by reason of an action of the Merit Systems Protection Board or the Special Counsel of the Merit Systems Protection Board authorized by law. (d) Inapplicability of Limitation to Certain Transfers.--Subsection (a) does not prohibit the transfer of employees in the Executive branch for the purpose of filling a vacancy in an Executive branch position. (e) Inapplicability of Limitation During a Period of War or National Emergency.--Subsection (a) shall not apply during a period of war declared by the Congress or a period of national emergency declared by the Congress or the President. (f) Limitation on Procurement of Personal Services.--The President shall take appropriate action to ensure that there is no increase in the procurement of personal services by contract by reason of the enactment of this section except in cases in which it is to the financial advantage of the Federal Government to increase the procurement of such services. (g) Definitions.--For the purposes of this section-- (1) the term ``employee'' has the same meaning as provided in section 2105 of title 5, United States Code; (2) the term ``maximum authorized full-time employee equivalent number'' means the excess of-- (A) the full-time employee equivalent number that describes the total number of civilian employees employed in positions in the Executive branch on the day before the optional early retirement period commences, over (B) the full-time employee equivalent number that describes the total number of-- (i) such employees who, on or before the day for which the maximum authorized number is computed, have retired during such period entitled to an annuity under subchapter III of chapter 83 of title 5, United States Code, or any other Federal Government retirement system for officers and employees of the Federal Government; and (ii) such employees who, on or before such day, have retired after such period entitled to such an annuity as provided in section 7(a)(2) of this Act; and (3) the term ``hiring limitation period'' means the period beginning on the date which occurs 30 days after the beginning of the fiscal year next following the date of the enactment of this Act and ending at the end of the fifth fiscal year which begins on or after the first day of such period. SEC. 9. REGULATIONS. The President or his designee may prescribe regulations to carry out sections 6, 7, and 8. SEC. 10. LIMITATION ON USE OF SAVINGS. (a) In General.--(1) Beginning in the second quarter of the fiscal year after the date of the enactment of this Act, the Director of the Office of Management and Budget shall determine the amount equal to the savings resulting from the implementation of the provisions of this Act for each agency and shall notify the President. The Director shall make such determinations and notifications in each applicable quarter of such fiscal year. (2) At the beginning of each applicable quarter of the fiscal year next following the date of the enactment of this Act, the President shall cancel an amount of the budget authority of each agency equal to the amount determined by the Director of the Office of Management and Budget under paragraph (1). (3) The total amount of budget authority and outlays saved under the provisions of this section shall be credited against any amount of pay and other personnel costs required to be sequestered in such fiscal year under the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177), as amended. (b) Audits.--The Comptroller General of the United States may audit the records of any agency of the Federal Government to determine the level of compliance with the requirements of subsection (a). (c) Notice of Noncompliance.--The Comptroller General of the United States shall notify Congress, in writing, of each noncompliance with the requirements of subsection (a). SEC. 11. PROGRAM REPORT. (a) In General.--No later than one year after the first day of the optional early retirement period, the Director of the Office of Personnel Management shall transmit to Congress a report containing an evaluation of the optional early retirement program and the limitation on replacement of retirees provided in this Act. (b) Contents of Report.--The report under subsection (a) shall include the following matters: (1) The number of employees who have retired under the optional early retirement program, stated by employing agency, by age group of the retirees, and by grade or other position classification of the retirees. (2) The number and description of the exempt occupational categories, projects, and locations designated under section 6(b) and the reasons such categories, projects, and locations have been so designated. (3) The number of employees who have been designated as essential employees under section 7(b) and the reasons such employees have been so designated. (4) The number of employees appointed under the waiver authority provided in section 8(b) (stated as a full-time employee equivalent number) and the reasons for the appointments. (5) The amount of the savings in pay and other personnel costs that have resulted, before the date of the report, from the implementation of this Act and the amendments made by this Act. (c) Administrative Provision.--The Director of the Office of Personnel Management may obtain from any agency of the Federal Government such information as the Director determines necessary to prepare the report required by subsection (a). SEC. 12. DEFINITIONS. For purposes of this Act-- (1) the term ``Executive agency'' has the same meaning provided in section 105 of title 5, United States Code; and (2) the term ``optional early retirement period'' means the 60-day period provided in section 8336(n) of title 5, United States Code, or pursuant to section 5 of this Act. SEC. 13. REVISIONS IN BUDGET ALLOCATIONS AND AGGREGATES. (a) Reports by Committees on the Budget.--Upon the enactment of this Act, the Committees on the Budget of the Senate and the House of Representatives shall report to their respective Houses revised allocations, pursuant to section 302(a) of the Congressional Budget Act of 1974, and revised budget aggregates to carry out this Act and the amendments made by this Act. (b) Reports by Other Committees of Congress.--Upon the reporting of revised allocations under subsection (a), the appropriate committees of the Senate and the House of Representatives shall report revised allocations, pursuant to section 302(b) of the Congressional Budget Act of 1974, to carry out this Act and the amendments made by this Act. (c) Treatment of Reported Revisions.--Revised allocations and budget aggregates reported under this section shall be considered for the purposes of the Congressional Budget Act of 1974 as aggregates contained in the latest concurrent resolution on the budget. S 797 IS----2

Federal Employees' Optional Early Retirement Act - Authorizes early retirement for certain Federal employees after: (1) completing 25 years of service; (2) becoming 50 years of age and completing 20 years of service; (3) becoming 55 years of age and completing 15 years of service; or (4) becoming 57 years of age and completing five years of service. Specifies those employees who are not eligible for such retirement. Subjects such retirement annuities to the applicable reduction for employees who retire under age 55. Directs the President to extend the early retirement provisions of this Act to: (1) participants in the Central Intelligence Agency Retirement and Disability System; (2) participants in the Foreign Service Retirement and Disability System; and (3) if determined appropriate, employees of the executive branch who are participants in any other Federal retirement system. Authorizes the President to exempt employees from early retirement provisions in cases of essential occupational categories, projects, or locations. Authorizes the head of an executive agency to hold over essential employees who are entitled to early retirement for a period not to exceed six months. Establishes a five-year hiring limitation period for the replacement of retirees. Authorizes the President to waive the application of such limitation for essential positions and positions financed by user fees. Makes such limitation inapplicable to certain reinstatements, and transfers, and during periods of war or national emergency. Directs the President to ensure that there is no increase in contract procurement of personal services by reason of enactment of this Act. Requires that the savings in any fiscal year resulting from this Act be credited to personnel costs required to be sequestered under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires the Director of the Office of Personnel Management to evaluate for the Congress the optional early retirement program and the limitation on the replacement of retirees. Requires specified congressional committees to report to their respective Houses revised allocations and budget aggregates resulting from this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Limited Purpose Bank Amendments of 1997''. SEC. 2. BANK ACTIVITIES RESTRICTION. (a) In General.--Section 4(f)(2) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(f)(2)) is amended-- (1) by striking ``or'' at the end of subparagraph (A); (2) by striking subparagraph (B) and inserting the following new subparagraph: ``(B) any bank subsidiary of such company both-- ``(i) accepts demand deposits or deposits that the depositor may withdraw by check or similar means for payment to 3d parties; and ``(ii) engages principally in the business of making commercial loans (and, for purposes of this clause, loans made in the ordinary course of a credit card operation shall not be treated as commercial loans); or''; and (3) by inserting after paragraph (2) (as amended by paragraph (2) of this subsection) the following new subparagraph: ``(C) after the date of the enactment of the Competitive Equality Amendments of 1987, any bank subsidiary of such company permits any overdraft (including any intraday overdraft), or incurs any such overdraft in such bank's account at a Federal reserve bank, on behalf of an affiliate, other than an overdraft described in paragraph (3).''. (b) Acquisition of Credit Card Assets.--Section 4(f)(2)(A)(ii) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(f)(2)(A)(ii)) is amended-- (1) by striking ``and'' at the end of subclause (IX); (2) by inserting ``and'' after the semicolon at the end of subclause (X); and (3) by inserting the following new subclause immediately after subclause (X) (and before the provision which follows such subclause): ``(XI) assets that are derived from, or are incidental to, activities in which institutions described in subsection (c)(2)(F) are permitted to engage;''. SEC. 3. CROSSMARKETING RESTRICTION. Section 4(f) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(f)) is amended by striking paragraph (3). SEC. 4. RESTRICTION ON DAYLIGHT OVERDRAFTS . Section 4(f) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(f)) (as amended by section 3) is amended by inserting after paragraph (2) the following new paragraph: ``(3) Permissible overdrafts described.--For purposes of paragraph (2)(C), an overdraft is described in this paragraph if-- ``(A) such overdraft results from an inadvertent computer or accounting error that is beyond the control of both the bank and the affiliate; ``(B) such overdraft-- ``(i) is permitted or incurred on behalf of an affiliate which is monitored by, reports to, and is recognized as a primary dealer by the Federal Reserve Bank of New York; and ``(ii) is fully secured, as required by the Board, by bonds, notes, or other obligations which are direct obligations of the United States or on which the principal and interest are fully guaranteed by the United States or by securities and obligations eligible for settlement on the Federal Reserve book entry system; or ``(C) such overdraft-- ``(i) is permitted or incurred by, or on behalf of, an affiliate that is principally engaged in activities that are financial in nature or are incidental to any such activities; and ``(ii) does not cause the bank to violate any provision of section 23A or 23B of the Federal Reserve Act either directly, in the case of a bank which is a member of the Federal Reserve System, or by virtue of section 18(j) of the Federal Deposit Insurance Act, in the case of a bank which is not a member of the Federal Reserve System.''. SEC. 5. RESTRICTION ON ACQUISITIONS OF OTHER INSURED DEPOSITORY INSTITUTIONS. Section 4(f)(12) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(f)(12)) is amended-- (1) by striking ``or'' at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(C) in an acquisition in which the insured institution has been found to be undercapitalized by the appropriate Federal or State authority.''. SEC. 6. DIVESTITURE REQUIREMENT. (a) In General.--Paragraph (4) of section 4(f) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(f)) is amended to read as follows: ``(4) Divestiture in case of loss of exemption.--If any company described in paragraph (1) fails to qualify for the exemption provided under such paragraph by operation of paragraph (2), such exemption shall cease to apply to such company and such company shall divest control of each bank it controls before the end of the 180-day period beginning on the date that the company receives notice from the Board that the company has failed to continue to qualify for such exemption, unless before the end of such 180-day period, the company has-- ``(A) either-- ``(i) corrected the condition or ceased the activity that caused the company to fail to continue to qualify for the exemption; or ``(ii) submitted a plan to the Board to cease the activity or correct the condition in a timely manner (which shall not exceed 1 year) and the Board has not disapproved such plan; and ``(B) implemented procedures that are reasonably adapted to avoid the reoccurrence of such condition or activity.''. (b) Technical and Conforming Amendment.--Section 4(f)(2) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(f)(2)) is amended by striking ``Paragraph (1) shall cease to apply to any company described in such paragraph if--'' and inserting ``Subject to paragraph (3), a company described in paragraph (1) shall no longer qualify for the exemption provided under such paragraph if--''.

Limited Purpose Bank Amendments of 1997 - Amends the Bank Holding Company Act of 1956 to set forth transactions involving demand deposits, commercial loans, and overdrafts by a bank subsidiary which will cause the parent company to lose its statutory exemption from being treated as a bank holding company. Expands the asset class over which a parent company may exercise more than five percent control without losing such exemption. Repeals the restrictions placed upon banks under such exempt holding companies' control. Permits a parent holding company to retain such exemption if it acquires an insured institution that has been found by Federal or State authority to be undercapitalized. Revises divestiture requirements to cite circumstances under which the parent holding company may regain a lost exemption from treatment as a bank holding company.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Building a Stronger America Act''. SEC. 2. DEVELOPMENT OF SCIENCE PARKS. (a) Finding.--Section 2 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701) is amended by adding at the end the following: ``(12) It is in the best interests of the Nation to encourage the formation of science parks to promote the clustering of innovation through high technology activities.''. (b) Definition.--Section 4 of such Act (15 U.S.C. 3703) is amended by adding at the end the following: ``(14) `Business or industrial park' means a primarily for- profit real estate venture of businesses or industries which do not necessarily reinforce each other through supply chain or technology transfer mechanisms. ``(15) `Science park'-- ``(A) means a group of interrelated companies and institutions, including suppliers, service providers, institutions of higher education, start-up incubators, and trade associations that-- ``(i) cooperate and compete with each other; ``(ii) are located in a specific area or region that promotes real estate development, technology transfer, and partnerships between such companies and institutions; ``(B) includes a science park, research park, technology park, research and development park, research and technology park, and science and technology park; and ``(C) does not include a business or industrial park. ``(16) `Science park infrastructure' means facilities that support the daily economic activity of a science park.''. (c) Science Parks.--The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.) is amended by adding at the end the following: ``SEC. 24. SCIENCE PARKS. ``(a) Development of Plans for Construction of Science Parks.-- ``(1) In general.--The Secretary shall award grants for the development of feasibility studies and plans for the construction of new or expansion of existing science parks. ``(2) Limitation on amount of grants.--The amount of a grant awarded under this subsection may not exceed $750,000. ``(3) Award.-- ``(A) Competition required.--The Secretary shall award any grant under this subsection pursuant to a full and open competition. ``(B) Geographic dispersion.--The Secretary is encouraged to divide the grants awarded under this subsection among low, medium, and high population density States. ``(C) Advertising.--The Secretary shall advertise any competition under this paragraph in the Commerce Business Daily. ``(D) Selection criteria.--The Secretary shall publish the criteria to be utilized in any competition under this paragraph for the selection of recipients of grants under this subsection, which shall include requirements relating to-- ``(i) the number of jobs to be created at the science park each year during its first 5 years; ``(ii) the funding to be required to construct or expand the science park during its first 5 years; ``(iii) the amount and type of cost matching by the applicant; ``(iv) the types of businesses and research entities expected in the science park and surrounding community; ``(v) letters of intent by businesses and research entities to locate in the science park; ``(vi) the expansion capacity of the science park during a 25-year period; ``(vii) the quality of life at the science park for employees at the science park; ``(viii) the capability to attract a well trained workforce to the science park; ``(ix) the management of the science park; ``(x) expected risks in the construction and operation of the science park; ``(xi) risk mitigation; ``(xii) transportation and logistics; ``(xiii) physical infrastructure, including telecommunications; and ``(xiv) ability to collaborate with other science parks throughout the world. ``(4) Authorization of appropriations.--There are authorized to be appropriated $7,500,000 for each of the fiscal years 2008 through 2012 to carry out this subsection. ``(b) Loan Guarantees for Science Park Infrastructure.-- ``(1) In general.--The Secretary may guarantee up to 80 percent of the loan amount for loans exceeding $10,000,000 for projects for the construction of science park infrastructure. ``(2) Limitations on guarantee amounts.--The maximum amount of loan principal guaranteed under this subsection may not exceed-- ``(A) $50,000,000 with respect to any single project; and ``(B) $500,000,000 with respect to all projects. ``(3) Selection of guarantee recipients.--The Secretary shall select recipients of loan guarantees under this subsection based upon the ability of the recipient to collateralize the loan amount through bonds, equity, property, and other such criteria as the Secretary shall prescribe. Entities receiving a grant under subsection (a) are not eligible for a loan guarantee during the period of such grant. ``(4) Terms and conditions for loan guarantees.--The loans guaranteed under this subsection shall be subject to such terms and conditions as the Secretary may prescribe, except that-- ``(A) the final maturity of such loans made or guaranteed may not exceed the lesser of-- ``(i) 30 years and 32 days; or ``(ii) 90 percent of the useful life of any physical asset to be financed by such loan; ``(B) a loan made or guaranteed under this subsection may not be subordinated to another debt contracted by the borrower or to any other claims against the borrowers in the case of default; ``(C) a loan may not be guaranteed under this subsection unless the Secretary determines that the lender is responsible and that adequate provision is made for servicing the loan on reasonable terms and protecting the financial interest of the United States; ``(D) a loan may not be guaranteed under this subsection if-- ``(i) the income from such loan is excluded from gross income for purposes of chapter 1 of the Internal Revenue Code of 1986; or ``(ii) the guarantee provides significant collateral or security, as determined by the Secretary, for other obligations the income from which is so excluded; ``(E) any guarantee provided under this subsection shall be conclusive evidence that-- ``(i) the guarantee has been properly obtained; ``(ii) the underlying loan qualified for such guarantee; and ``(iii) absent fraud or material misrepresentation by the holder, the guarantee is presumed to be valid, legal, and enforceable; ``(F) the Secretary shall prescribe explicit standards for use in periodically assessing the credit risk of new and existing direct loans or guaranteed loans; ``(G) the Secretary may not extend credit assistance unless the Secretary has determined that there is a reasonable assurance of repayment; and ``(H) new loan guarantees may not be committed except to the extent that appropriations of budget authority to cover their costs are made in advance, as required under section 504 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c). ``(5) Payment of losses.-- ``(A) In general.--If, as a result of a default by a borrower under a loan guaranteed under this subsection, after the holder has made such further collection efforts and instituted such enforcement proceedings as the Secretary may require, the Secretary determines that the holder has suffered a loss, the Secretary shall pay to such holder the percentage of such loss specified in the guarantee contract. Upon making any such payment, the Secretary shall be subrogated to all the rights of the recipient of the payment. The Secretary shall be entitled to recover from the borrower the amount of any payments made pursuant to any guarantee entered into under this section. ``(B) Enforcement of rights.--The Attorney General shall take such action as may be appropriate to enforce any right accruing to the United States as a result of the issuance of any guarantee under this section. ``(C) Forbearance.--Nothing in this section may be construed to preclude any forbearance for the benefit of the borrower which may be agreed upon by the parties to the guaranteed loan and approved by the Secretary, if budget authority for any resulting subsidy costs (as defined under the Federal Credit Reform Act of 1990) is available. ``(D) Management of property.--Notwithstanding any other provision of law relating to the acquisition, handling, or disposal of property by the United States, the Secretary may complete, recondition, reconstruct, renovate, repair, maintain, operate, or sell any property acquired by the Secretary pursuant to the provisions of this section. ``(6) Review.--The Comptroller General of the United States shall, not later than 2 years after the date of the enactment of this section-- ``(A) conduct a review of the subsidy estimates for the loan guarantees under this subsection; and ``(B) submit to Congress a report on the review conducted under this paragraph. ``(7) Termination.--A loan may not be guaranteed under this subsection after September 30, 2012. ``(8) Authorization of appropriations.--There are authorized to be appropriated-- ``(A) $35,000,000 for the cost, as defined in section 502(5) of the Federal Credit Reform Act of 1990, of guaranteeing $500,000,000 of loans under this subsection; and ``(B) $6,000,000 for administrative expenses for fiscal year 2008, and such sums as necessary for administrative expenses in subsequent years. ``(c) National Academy of Sciences Evaluation.-- ``(1) In general.--The Secretary shall enter into an agreement with the National Academy of Sciences under which the Academy shall evaluate, every 3 years, the activities under this section. ``(2) Tri-annual report.--Under the agreement entered into under paragraph (1), the Academy shall submit to the Secretary a report on its evaluation of science park development under that paragraph. Each report may include such recommendations as the Academy considers appropriate for additional activities to promote and facilitate the development of science parks in the United States. ``(d) Tri-Annual Report.--Not later than March 31 of every third year, the Secretary shall submit to Congress a report on the activities under this section during the preceding 3 years, including any recommendations made by the National Academy of Sciences under subsection (c)(2) during such period. Each report may include such recommendations for legislative or administrative action as the Secretary considers appropriate to further promote and facilitate the development of science parks in the United States. ``(e) Rulemaking.--Not later than 1 year after the date of the enactment of this section, the Secretary shall prescribe regulations to carry out this section in accordance with Office of Management and Budget Circular A-129, `Policies for Federal Credit Programs and Non- Tax Receivables'.''.

Building a Stronger America Act - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to direct the Secretary of Commerce to award grants for the development of feasibility studies and plans for the construction of new or expansion of existing science parks. Allows the Secretary to guarantee up to 80% of the loan amount for loans exceeding $10 million for projects for the construction of such infrastructure. Directs the Secretary to enter into an agreement with the National Academy of Sciences (NAS) under which NAS shall evaluate, every three years, such development.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alcohol and Tobacco Tax and Trade Bureau Personnel Flexibilities Act''. SEC. 2. ALCOHOL AND TOBACCO TAX AND TRADE BUREAU. (a) In General.--Subpart I of part III of title 5, United States Code, is amended by inserting after chapter 95 the following: ``CHAPTER 96--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU ``9601. Definitions; applicability. ``9602. Compensation and performance management system. ``Sec. 9601. Definitions; applicability ``(a) Definitions.--For purposes of this chapter-- ``(1) the term `Secretary' means the Secretary of the Treasury; ``(2) the term `Bureau' means the Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury; and ``(3) the terms `senior executive' and `Senior Executive Service position' have the respective meanings given them in section 3132(a). ``(b) Applicability.--A compensation and performance management system established under section 9602 shall not cover, and nothing in any such system shall be considered to apply with respect to, a senior executive or a Senior Executive Service position. ``Sec. 9602. Compensation and performance management system ``(a) Establishment.-- ``(1) In general.--The Secretary shall establish a system, applying such criteria and procedures as the Secretary considers appropriate, which shall govern the compensation and performance management of any number of employees holding critical scientific, technical, or professional positions in the Bureau. ``(2) Authority.--Subject to the provisions of this chapter-- ``(A) the establishment of a compensation and performance management system under this section shall not be limited by any lack of specific authority under this title to take the action contemplated, or by any provision of this title or any rule or regulation prescribed under this title which is inconsistent with the action; and ``(B) the total number of positions covered by the system or systems established under authority of this section (determined on a full-time equivalent basis) may not at any time exceed the number equal to 50 percent of the total number of positions within the Bureau (so determined). ``(3) Consultation.--The Secretary shall consult with the Director of the Office of Personnel Management in the exercise of any authority under this section. ``(b) Nonwaivable Provisions; Collaboration.--A compensation and performance management system established under this section-- ``(1) may not provide for a waiver of any provision of law, rule, or regulation identified in section 4703(c); and ``(2) shall be established and implemented in a manner consistent with subsections (f) and (g) of section 4703. ``(c) Limitations on Compensation.--Except as otherwise provided by law-- ``(1) no employee compensated under a system established under this section may be paid at a rate of basic pay in excess of the rate payable for level III of the Executive Schedule under section 5314; and ``(2) total payments made to employees under a system so established shall be subject to any limitation on payments under section 5307, to the same extent and in the same manner as would apply in the case of employees paid under section 5376. ``(d) Levels of Performance.--A system established under this section shall have not less than 2 levels of performance above a retention standard. ``(e) Disclosure of Information.--The Secretary of the Treasury, on request of the Director of the Office of Personnel Management, shall furnish information relating to the operation of any compensation and performance management system established under this section.''. (b) Compliance Using a Preexisting System.--Nothing in this Act shall be considered to require that the Secretary of the Treasury discontinue any compensation and performance management system, originally implemented as a demonstration project, or postpone any plans to modify any such system, so long as such system (as so implemented or modified) satisfies the requirements of chapter 96 of title 5, United States Code, as amended by this Act. (c) Clerical Amendment.--The analysis for part III of title 5, United States Code, is amended by inserting after the item relating to chapter 95 the following: ``96. Alcohol and Tobacco Tax and Trade Bureau.............. 9601''. SEC. 3. STUDY. (a) In General.--Not later than 1 year after the date of the establishment of a compensation and performance management system under section 9602 of title 5, United States Code, as amended by this Act (or, in any circumstance described in section 2(b), after the earliest date, on or after the date of the enactment of this Act, as of which a system satisfying the requirements of chapter 96 of such title, as so amended, is in operation) the Government Accountability Office shall submit to the appropriate committees of Congress a report on-- (1) the operation of such system; and (2) the operation of ongoing demonstration projects, whether under section 4703 of title 5, United States Code, or other authority, testing the use of a pay and classification system different from the system set forth in chapter 51 and subchapter III of chapter 53 of such title 5 (relating to the General Schedule). The report shall, with respect to each system covered by such report, include an assessment of the overall effectiveness of such system (particularly as compared to the system which is based on the General Schedule) and recommendations for any legislation or administrative action which the Government Accountability Office considers appropriate. (b) Appropriate Committees of Congress.--For purposes of this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Oversight and Government Reform of the House of Representatives; and (2) the Committee on Homeland Security and Governmental Affairs of the Senate.

. Alcohol and Tobacco Tax and Trade Bureau Personnel Flexibilities Act - Directs the Secretary of the Treasury to establish a system to govern the compensation and performance management of employees, other than senior executives or employees in the Senior Executive Service, holding critical scientific, technical, or professional positions in the Alcohol and Tobacco Tax and Trade Bureau of the Department of the Treasury. Limits the number of employees subject to such system to 50% of the Bureau's full-time employees. Requires such system to compensate employees at a level not exceeding level III of the Executive Schedule and to have not less than two levels of performance above a retention standard. Provides that such system: (1) may not provide for a waiver of employees' rights relating to merit system principles, and (2) must be consistent with collective bargaining agreements and rights. Requires the Secretary, on the request of the Director of the Office of Personnel Management (OPM), to disclose information relating to the operation of any compensation and performance management system established by this Act. Allows the continued use of an existing compensation and performance management system, originally implemented as a demonstration project, so long as such system satisfies the requirements of this Act. Requires the Government Accountability Office (GAO) to submit to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs a report on the operation of the system and of ongoing demonstration projects testing the use of a pay and classification system different than the General Schedule for federal employee compensation.

SECTION 1. ESTABLISHMENT OF POSITION OF UNDER SECRETARY OF DEFENSE FOR SPACE, INTELLIGENCE, AND INFORMATION. (a) Authority of Secretary of Defense To Establish Position.--Upon the direction of the President, the Secretary of Defense may, subject to subsection (b), establish in the Office of the Secretary of Defense the position of Under Secretary of Defense for Space, Intelligence, and Information. If the position is so established, the Under Secretary of Defense for Space, Intelligence, and Information shall perform duties and exercise powers as set forth under section 137 of title 10, United States Code, as amended by subsection (d). (b) Deadline for Exercise of Authority.--The Secretary may not exercise the authority in subsection (a) after December 31, 2003. (c) Notice of Exercise of Authority.--If the authority in subsection (a) is exercised, the Secretary shall immediately notify Congress of the establishment of the position of Under Secretary of Defense for Space, Intelligence, and Information, together with the date on which the position is established. (d) Nature of Position.-- (1) In general.--Effective as of the date provided for in paragraph (7), chapter 4 of title 10, United States Code, is amended-- (A) by redesignating section 137 as section 139a and by transferring such section (as so redesignated) within such chapter so as to appear after section 139; and (B) by inserting after section 136 the following new section 137: ``Sec. 137. Under Secretary of Defense for Space, Intelligence, and Information ``(a) There is an Under Secretary of Defense for Space, Intelligence, and Information, appointed from civilian life by the President, by and with the advice and consent of the Senate. ``(b) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Space, Intelligence, and Information shall perform such duties and exercise such powers relating to the space, intelligence, and information programs and activities of the Department of Defense as the Secretary of Defense may prescribe. The duties and powers prescribed for the Under Secretary shall include the following: ``(1) In coordination with the Under Secretary of Defense for Policy, the establishment of policy on space. ``(2) In coordination with the Under Secretary of Defense for Acquisition, Technology, and Logistics, the acquisition of space systems. ``(3) The deployment and use of space assets. ``(4) The oversight of research, development, acquisition, launch, and operation of space, intelligence, and information assets. ``(5) The coordination of military intelligence activities within the Department. ``(6) The coordination of intelligence activities of the Department and the intelligence community in order to meet the long-term intelligence requirements of the United States. ``(7) The coordination of space activities of the Department with commercial and civilian space activities. ``(c) The Secretary of Defense shall designate the Under Secretary of Defense for Space, Intelligence, and Information as the Chief Information Officer of the Department of Defense under section 3506(a)(2)(B) of title 44. ``(d) The Under Secretary of Defense for Space, Intelligence, and Information takes precedence in the Department of Defense after the Under Secretary of Defense for Personnel and Readiness.''. (2) Additional assistant secretary of defense.--Section 138(a) of that title is amended by striking ``nine Assistant Secretaries of Defense'' and inserting ``ten Assistant Secretaries of Defense''. (3) Duties of assistant secretaries of defense for space, intelligence, and information.--Section 138(b) of that title is amended by adding at the end the following new paragraph: ``(7) Two of the Assistant Secretaries shall have as their principal duties supervision of activities relating to space, intelligence, and information. The Assistant Secretaries shall each report to the Under Secretary of Defense for Space, Intelligence, and Information in the performance of such duties.''. (4) Conforming amendments.--Section 131(b) of that title is amended-- (A) by redesignating paragraphs (6) through (11) as paragraphs (7) through (12), respectively; and (B) by inserting after paragraph (5) the following new paragraph (6): ``(6) The Under Secretary of Defense for Space, Intelligence, and Information.''. (5) Pay levels.--(A) Section 5314 of title 5, United States Code, is amended by inserting after ``Under Secretary of Defense for Personnel and Readiness'' the following: ``Under Secretary of Defense for Space, Intelligence, and Information.''. (B) Section 5315 of title 5, United States Code, is amended in the item relating to Assistant Secretaries of Defense by striking ``(9)'' and inserting ``(10)''. (6) Clerical amendments.--The table of sections at the beginning of chapter 4 of title 10, United States Code, is amended-- (A) by striking the item relating to section 137 and inserting the following new item: ``137. Under Secretary of Defense for Space, Intelligence, and Information.''; and (B) by inserting after the item relating to section 139 the following new item: ``139a. Director of Defense Research and Engineering.''. (7) Effective date.--The amendments made by this subsection shall take effect as of the date specified in the notification provided by the Secretary of Defense to Congress under subsection (c) of the exercise of the authority in subsection (a). (e) Report.--(1) Not later than 30 days before an exercise of the authority provided in subsection (a), the President shall submit to Congress a report on the proposed organization of the office of the Under Secretary of Defense for Space, Intelligence, and Information. (2) If the Secretary of Defense has not exercised the authority granted in subsection (a) on the date that is one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives on that date a report describing the actions taken by the Secretary to address the problems in the management and organization of the Department of Defense for space activities that are identified by the Commission To Assess United States National Security Space Management and Organization in the report of the Commission submitted under section 1623 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 815). SEC. 2. RESPONSIBILITY FOR SPACE PROGRAMS. (a) In General.--Part IV of subtitle A of title 10, United States Code, is amended by inserting after chapter 134 the following new chapter: ``CHAPTER 135--SPACE PROGRAMS ``Sec. ``2271. Responsibility for space programs. ``Sec. 2271. Responsibility for space programs ``(a) Responsibility of Secretary of Air Force as Executive Agent.--The Secretary of the Air Force shall be the executive agent of the Department of Defense for functions of the Department designated by the Secretary of Defense with respect to the following: ``(1) Planning for the acquisition programs, projects, and activities of the Department that relate to space. ``(2) Efficient execution of the programs, projects, and activities. ``(b) Responsibility of Under Secretary of Air Force as Acquisition Executive.--The Under Secretary of the Air Force shall be the acquisition executive of the Department of the Air Force for the programs, projects, and activities referred to in subsection (a). ``(c) Responsibility of Under Secretary of Air Force as Director of NRO.--The Under Secretary of the Air Force shall act as the Director of the National Reconnaissance Office. ``(d) Coordination of Duties of Under Secretary of Air Force.--In carrying out duties under subsections (b) and (c), the Under Secretary of the Air Force shall coordinate the space programs, projects, and activities of the Department of Defense and the programs, projects, and activities of the National Reconnaissance Office. ``(e) Space Career Field.--(1) The Under Secretary of the Air Force shall establish and implement policies and procedures to develop a cadre of technically competent officers with the capability to develop space doctrine, concepts of space operations, and space systems for the Department of the Air Force. ``(2) The Secretary of the Air Force shall assign to the commander of Air Force Space Command primary responsibility for-- ``(A) establishing and implementing education and training programs for space programs, projects, and activities of the Department of the Air Force; and ``(B) management of the space career field under paragraph (1). ``(f) Joint Program Management.--The Under Secretary of the Air Force shall take appropriate actions to ensure that, to maximum extent practicable, Army, Navy, Marine Corps, and Air Force personnel are assigned, on a joint duty assignment basis, as follows: ``(1) To carry out the space development and acquisition programs of the Department of Defense; and ``(2) To the Office of the National Security Space Architect.''. (b) Clerical Amendment.--The tables of chapters at the beginning of such subtitle and at the beginning of part IV of such subtitle are amended by inserting after the item relating to chapter 134 the following new item: ``135. Space Programs....................................... 2271''. SEC. 3. MAJOR FORCE PROGRAM CATEGORY FOR SPACE PROGRAMS. (a) Requirement.--The Secretary of Defense shall create a major force program category for space programs for purposes of the future- years defense program under section 221 of title 10, United States Code. (b) Commencement.--The category created under subsection (a) shall be included in each future-years defense program submitted to Congress under section 221 of title 10, United States Code, in fiscal years after fiscal year 2002. SEC. 4. ASSESSMENT OF IMPLEMENTATION OF RECOMMENDATIONS OF COMMISSION TO ASSESS UNITED STATES NATIONAL SECURITY SPACE MANAGEMENT AND ORGANIZATION. (a) Comptroller General Assessment.--The Comptroller General shall carry out an assessment of the progress made by the Department of Defense in implementing the recommendations of the Commission To Assess United States National Security Space Management and Organization as contained in the report of the Commission submitted under section 1623 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 815). (b) Reports.--Not later than February 15 of each of 2002 and 2003, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the assessment carried out under subsection (a). Each report shall set forth the results of the assessment as of the date of such report. SEC. 5. GRADE OF COMMANDER OF AIR FORCE SPACE COMMAND. (a) In General.--Chapter 845 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 8584. Commander of Air Force Space Command ``(a) Grade.--The officer serving as commander of the Air Force Space Command shall, while so serving, have the grade of general. ``(b) Limitation on Concurrent Command Assignments.--The officer serving as commander of the Air Force Space Command may not, while so serving, serve as commander-in-chief of the United States Space Command (or any successor combatant command with responsibility for space) or as commander of the United States element of the North American Air Defense Command.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``8584. Commander of Air Force Space Command.''. SEC. 6. SENSE OF CONGRESS REGARDING GRADE OF OFFICER ASSIGNED AS COMMANDER OF UNITED STATES SPACE COMMAND. It is the sense of Congress that the Secretary of Defense should assign the best qualified officer of the Army, Marine Corps, or Air Force with the grade of general, or of the Navy with the grade of admiral, to the position of Commander of the United States Space Command.

Authorizes the Secretary of Defense to establish in the Office of the Secretary the position of Under Secretary of Defense for Space, Intelligence, and Information to perform duties and exercise powers relating to Department of Defense (DOD) space, intelligence, and information programs and activities. Requires the Secretary to notify Congress after establishing such position. Requires two of the ten (currently nine) Assistant Secretaries of Defense to supervise activities relating to space, intelligence, and information.Requires the Secretary of the Air Force to be the DOD executive agent for the planning and execution of DOD space-related acquisition programs, projects, and activities. Requires the Under Secretary of the Air Force to act as the Director of the National Reconnaissance Office.Directs the Under Secretary to establish and implement policies and procedures for developing an Air Force career field in space doctrine, operations, and systems.Requires the Secretary to create a major force program category for space programs for purposes of the future-years defense program.Directs the Comptroller General to carry out an assessment of the implementation of recommendations of the Space Commission applicable to DOD.Requires the officer serving as commander of the Air Force Space Command to have the grade of general. Prohibits such commander from serving simultaneously as commander of the U.S. Space Command. Expresses the sense of Congress that the Secretary should assign the best qualified officer with the grade of general or admiral to serve as commander of the U.S. Space Command.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ohio River Corridor Study Commission Act of 1993''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the amenities and resources of the Ohio River, which flows through 6 States from its headwaters in Pennsylvania to its confluence with the Mississippi River and comprises a chain of commercial, industrial, historical, archaeological, natural, recreational, scenic, wildlife, urban, rural, cultural, and economic areas, are of major significance and importance to the United States; (2) the national interest is served by-- (A) preserving, protecting, and improving the amenities and resources of the Ohio River for the benefit of the people of the United States; and (B) improving the coordination between all levels of government in the Ohio River Corridor; (3) efforts to preserve, protect, and improve the amenities and resources of the Ohio River are inadequate despite efforts by the States through which the Ohio River flows, political subdivisions of the States, and volunteer associations and private businesses in the States; (4) Federal agency programs are insufficient to coordinate State and local planning and regulatory authorities to provide for resource management and economic development in a manner that is consistent with the protection and public use of the amenities and resources of the Corridor; and (5) the Federal Government should assist in the coordination, preservation, and interpretation activities of public and private entities with respect to the significant amenities and resources associated with the Ohio River. (b) Purposes.--The purposes of this Act are-- (1) to focus attention on the unique and nationally significant resources of the Ohio River Corridor; (2) to provide a means and stimulus for coordinating the preservation, protection, improvement, enjoyment, and utilization of the resources of the Ohio River Corridor; and (3) to establish a national entity to gather, assess, and disseminate information on the historic, economic, natural, recreational, scenic, and cultural opportunities in the Ohio River Corridor. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Commission.--The term ``Commission'' means the Ohio River Corridor Study Commission established under section 4. (2) Ohio river corridor; corridor.--The terms ``Ohio River Corridor'' and ``Corridor'' mean the Ohio River from Pittsburgh, Pennsylvania, to Cairo, Illinois, and an area extending from the edge of the river to the landward boundary of each county along the designated length of the river. (3) Ohio river state.--The term ``Ohio River State'' means each of the States of Illinois, Kentucky, Indiana, Ohio, West Virginia, and Pennsylvania. SEC. 4. OHIO RIVER STUDY COMMISSION. (a) Establishment.--There is established a commission to be known as the Ohio River Corridor Study Commission. (b) Duties of the Commission.-- (1) Study.--The Commission shall study and make recommendations regarding-- (A) the feasibility of establishing an Ohio River National Heritage Corridor for the Ohio River Corridor; and (B) the preservation, protection, improvement, enjoyment, and utilization of the historic, economic, natural, recreational, scenic, and cultural resources of the Corridor consistent with this Act. (2) Information collection; consultation.--As part of the study conducted under paragraph (1), the Commission shall-- (A) assess the preservation, protection, improvement, enjoyment, and utilization potential of the historic, economic, natural, recreational, scenic, and cultural resources of the Corridor; (B) collect information dealing with ongoing activities, management plans, and opportunities regarding historic, economic, natural, recreational, scenic, and cultural resources in the Corridor; (C) make such information available to Federal agencies, States, and political subdivisions of States, tribal governments, educational institutions, volunteer associations, and private businesses to assist such entities in undertaking activities to preserve, protect, improve, or utilize the historic, economic, natural, recreational, scenic, or cultural resources of the Corridor; (D) consult with the Ohio River Valley Water Sanitation Commission and the Ohio River Basin Commission, and cooperate with the commissions and such associations in the performance of its duties; (E) provide a forum for the consideration of resource issues relating to the Corridor; (F) seek and encourage the participation of affected State and local governments, interested citizens, public officials, groups, agencies, educational institutions, and others in the preservation, protection, improvement, enjoyment, and utilization of the resources of the Corridor; (G) recommend methods and means for educating the general population about the national importance and value of the Ohio River as a natural resource and national treasure; and (H) make the Commission accessible to such groups, agencies, and citizens by holding at least one well- publicized public hearing in each State within the Corridor. (3) Report.--The Commission shall prepare a report that-- (A) specifies the results of the study conducted under paragraph (1); and (B) contains-- (i) a description of the Ohio River Corridor and the proposed boundaries of an Ohio River National Heritage Corridor (if so recommended) showing the corridor and such zones as may be appropriate; (ii) an inventory and assessment of the historic, economic, natural, recreational, scenic, and cultural resources of the Corridor; (iii) specific preservation and interpretation goals; (iv) proposed management strategies whereby the funds, data, personnel, and authorities of public and private entities may be combined and coordinated in furtherance of the purposes of this Act; and (v) such recommendations as the Commission may deem appropriate with respect to clauses (i) through (iv) and with respect to public access to and interpretation of the natural and cultural resources of the river and related outdoor recreation opportunities. (c) Organization of the Commission.-- (1) Membership.--The Commission shall be composed of 11 members including-- (A) the Director of the National Park Service (or a designee of the Director); (B) the Secretary of Transportation (or a designee of the Secretary); (C) the Secretary of Commerce (or a designee of the Secretary); (D) the Director of the United States Fish and Wildlife Service (or a designee of the Director); (E) the Chief of Engineers of the Army Corps of Engineers (or a designee of the Chief); and (F) one member from each Ohio River State appointed by the Governor of such State. (2) Ex officio members.--Members designated by clauses (A) through (E) of paragraph (1) shall serve ex officio. (3) Initial appointments.--Members of the Commission appointed under clause (F) of paragraph (1) shall be first appointed not later than 45 days after the date of enactment of this Act. (4) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment is made. (5) Terms.--Members of the Commission appointed under clause (F) of paragraph (1) shall be appointed for the life of the Commission. (6) Compensation.--Members of the Commission shall serve without compensation. (7) Reimbursement of expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including a per diem allowance in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed travel expenses under section 5703 of title 5, United States Code. (8) Quorum.-- (A) In general.--Seven members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (B) Proxy.--A member of the Commission may vote by means of a signed proxy exercised by another member of the Commission, but any member so voting shall not be considered present for purposes of establishing a quorum. (9) Chairperson.--As the first item of business at the first meeting of the Commission, the members of the Commission shall elect a chairperson of the Commission from among the members appointed under subsection (c)(1)(F). (10) Meetings.-- (A) Initial meeting.--Not later than 30 days after the members of the Commission are first appointed, the Commission shall hold its first meeting. (B) Subsequent meetings.--After the initial meeting, the Commission shall meet at the call of the chairperson or a majority of the members. (11) Interim rules.--The Director of the National Park Service (or a designee of the Director) shall select the date of the first meeting and shall serve as chairperson until the election of the chairperson under paragraph (9). (12) Technical committee.--With the advice and consent of the Commission members, the chairperson may appoint a technical committee with representation from various interest groups, professional agencies, or advocacy groups within the Ohio River States with each State having at least one member. (13) Waiver.--The provisions of section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) are waived with respect to the Commission. (d) Staff; Experts and Consultants; Personnel of Federal Agencies.-- (1) Lead agency.--The National Park Service shall, if personnel are available, staff and advise the Commission. (2) Staff.--The Commission, if National Park Service personnel are not available, with advice from the Director of the National Park Service (or a designee of the Director), may appoint and fix the pay of such staff as the Commission considers appropriate, subject to-- (A) the provisions of title 5, United States Code, governing appointments in the competitive service; and (B) the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (3) Experts and consultants.--The Commission, with advice from the Director of the National Park Service (or a designee of the Director), may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (4) Personnel of states and political subdivisions.--The Commission may-- (A) accept the services of personnel detailed from an Ohio River State or a political subdivision of an Ohio River State; and (B) reimburse such State or such subdivision for such services. (5) Personnel of federal agencies.--At the request of the Commission, with the advice of the Director of the National Park Service (or a designee of the Director), the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties under this Act. (e) Powers of the Commission.-- (1) Hearings and sessions.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate to carry out this Act. (2) Powers of members and agents.--Any member or agent of the Commission may, if so authorized by the Commission, take any action which the Commission is authorized to take by this section. (3) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (4) Administrative support services.--The Administrator of General Service shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. (f) Submission of Reports.-- (1) Interim report.--Not later than 2 years after the date of the first meeting of the Commission, the Commission shall submit to the President, the Speaker of the House of Representatives, the President of the Senate, and the Governor of each Ohio River State a report describing the progress of the Commission in carrying out the duties of the Commission under subsection (b). (2) Final report.--Not later than 3 years after the date of the first meeting of the Commission, the Commission shall submit to the President, the Speaker of the House of Representatives, the President of the Senate, and the Governor of each Ohio River State the report required by subsection (b)(3). (g) Termination of Commission.--Notwithstanding section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.), the Commission shall cease to exist 90 days after submitting the report required by subsection (b)(3). SEC. 5. CONSENT TO NEGOTIATE PROPOSED COMPACTS. The consent and approval of Congress are hereby given to each Ohio River State to enter into an interstate agreement or compact with 1 or more of any other Ohio River State in furtherance of this Act or the study referred to in section 4(b)(1). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act such sums as may be necessary to be available until expended during the 3 years in which the Commission is in existence.

Ohio River Corridor Study Commission Act of 1993 - Establishes the Ohio River Corridor Study Commission to study and report on: (1) the feasibility of establishing an Ohio River National Heritage Corridor for the Ohio River Corridor; and (2) the preservation, protection, improvement, enjoyment, and utilization of the historic, economic, natural, recreational, scenic, and cultural resources of the Corridor. Gives the consent and approval of the Congress to the States of Illinois, Kentucky, Indiana, Ohio, West Virginia, or Pennsylvania to enter into an interstate agreement or compact in furtherance of this Act or the study. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Darfur Genocide Accountability Act of 2005''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives. (2) Government of sudan.--The term ``Government of Sudan'' means the National Congress Party-led government in Khartoum, Sudan, or the successor Government of National Unity to be formed pursuant to the Comprehensive Peace Agreement signed by the Government of Sudan and the Sudan People's Liberation Movement in Nairobi, Kenya on January 9, 2005. Measures against the Government of Sudan, as defined in this paragraph, shall not apply to the Government of South Sudan (GOSS) or to areas formerly under the control of opposition groups. (3) Member states.--The term ``member states'' means the member states of the United Nations. (4) Sudan north-south peace agreement.--The term ``Sudan North-South Peace Agreement'' means the Comprehensive Peace Agreement signed by the Government of Sudan and the Sudan People's Liberation Movement/Army on January 9, 2005. SEC. 3. FINDINGS. Congress makes the following findings: (1) On July 22, 2004, the House of Representatives and the Senate declared that the atrocities occurring in Darfur, Sudan, are genocide. (2) On September 9, 2004, Secretary of State Colin L. Powell stated before the Committee on Foreign Relations of the Senate, ``[w]hen we reviewed the evidence compiled by our team, along with other information available to the State Department, we concluded that genocide has been committed in Darfur and that the Government of Sudan and the [Janjaweed] bear responsibility--and genocide may still be occurring''. (3) On July 30, 2004, the United Nations Security Council passed Security Council Resolution 1556, calling upon the Government of Sudan to disarm the Janjaweed militias and to apprehend and bring to justice Janjaweed leaders and their associates who have incited and carried out violations of human rights and international humanitarian law and carried out other atrocities in the Darfur region. (4) On September 18, 2004, the United Nations Security Council passed Security Council Resolution 1564, determining that the Government of Sudan had failed to meet its obligations under Security Council Resolution 1556, calling for a military flight ban in and over the Darfur region, demanding the names of Janjaweed militiamen disarmed and arrested for verification, establishing an International Commission of Inquiry into violations of international humanitarian and human rights laws, and threatening sanctions should the Government of Sudan fail to fully comply with Security Council Resolutions 1556 and 1564, such as actions to affect Sudan's petroleum sector. (5) In late January 2005, the International Commission of Inquiry on Darfur submitted a 176-page report to Secretary General Kofi Annan detailing the atrocities committed by the Government of Sudan and its Janjaweed militia allies. (6) The Commission declared that ``based on thorough analysis of the information gathered in the course of the investigations, the Commission established that the Government of Sudan and the Janjaweed are responsible for serious violations of international human rights and humanitarian law amounting to crimes under international law.''. (7) The Commission further stated that Sudanese Government officials and other individuals may have committed genocidal acts, and submitted a sealed document with 51 suspects for prosecution by the International Criminal Court (ICC). SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the atrocities unfolding in Darfur, Sudan, are genocide; (2) the Comprehensive Peace Agreement between the Government of Sudan and the Sudan People's Liberation Movement/ Army must be fully and unconditionally implemented and a new coalition government established under such Agreement; (3) the African Union must amend the mandate of the African Union Mission in the Sudan to focus directly on protecting civilians from attacks and to neutralize the Janjaweed militia and other militia groups engaged in attacks against civilians; (4) the United Nations or NATO should deploy at least 10,000 troops to the Darfur region to augment the African Union Mission in the Sudan; (5) the United States strongly condemns attacks on humanitarian workers and calls on all forces in Darfur, including forces of the Government of Sudan, all militia, and forces of the Sudan Liberation Army/Movement and the Justice and Equality Movement, to refrain from such attacks; (6) the President should appoint a Presidential Special Envoy to Sudan-- (A) to seek comprehensive peace throughout Sudan; (B) to support the implementation of the Sudan North-South Peace Agreement; (C) to find ways to bring stability and peace to Darfur; (D) to address instability throughout Sudan; and (E) to address the related crisis in Northern Uganda; (7) the United States should support accountability through action by the United Nations Security Council, pursuant to chapter VII of the Charter of the United Nations, to ensure the prompt prosecution and adjudication in a competent international court of justice or the United States-proposed Sudan Tribunal of individuals responsible for war crimes, crimes against humanity, and genocide; and (8) the President of the United States shall instruct the United States Permanent Representative to the United Nations to demand-- (A) the extension of the military embargo to the Government of Sudan, as called for in paragraphs 7 through 9 of United Nations Security Council Resolution 1556; (B) the freezing of property and assets of government and military officials and their family members; Janjaweed leaders; and individuals engaged in planning, directing, and implementing of the atrocities in Darfur; (C) that member states significantly reduce the number and the level of the staff at Sudanese diplomatic missions and consular posts and restrict or control the movement within their territory of all such staff who remain; (D) steps to restrict the entry into or transit through their territory of members of the Government of Sudan, military officials of that Government, militia leaders, and other individuals involved in the planning, directing, and enforcing measures against civilians; and (E) steps to discourage international and regional organizations from convening any conference in Sudan. SEC. 5. IMPOSITION OF SANCTIONS. (a) Blocking of Assets.--Beginning on the date that is 30 days after the date of enactment of this Act or 30 days after the formation of the National Unity Government of Sudan, the President shall, consistent with the authorities granted in the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block the property and assets of officials of the Government of Sudan and their family members; military officials and their family members; individuals implicated in the atrocities in Darfur as well as businesses partially or fully controlled by the above aforementioned individuals; and property and assets controlled by the National Congress Party. (b) Visa Restriction.--Notwithstanding section 428(b) of the Homeland Security Act of 2002 (6 U.S.C. 236(b)), the Secretary of State shall prohibit the granting of a visa to-- (1) officials of the Government of Sudan implicated in the atrocities in Darfur; (2) officials of the military of Sudan implicated in the atrocities in Darfur; (3) militia members or other individuals implicated in the atrocities in Darfur; and (4) family members of an individual described in paragraphs (1), (2), and (3). (c) Travel Restrictions.--The Secretary of State shall take measures to significantly reduce the number and the level of the staff at the Sudanese diplomatic mission in Washington, D.C., and restrict or control the movement within the United States of all such staff who remain. (d) Restriction on International Conferences.--The Secretary of State shall instruct the United States Permanent Representative to the United Nations to oppose any conference organized by United Nations member agencies or other international and regional organizations from being held in Sudan. (e) Reporting Requirement.--Not later than 30 days after a decision to freeze the property or assets of, or deny a visa or entry to, any person under this section, the President shall report the name of such person to the appropriate congressional committees. SEC. 6. AUTHORIZATION TO USE FORCE TO STOP GENOCIDE IN DARFUR, SUDAN. (a) Authorization to Use Force.--The President is authorized to use all necessary means, including use of the United States armed forces, to stop genocide in Darfur, Sudan, consistent with the Convention on the Prevention and Punishment of the Crime of Genocide, to enforce United Nations Security Council Resolutions 1556 and 1564, and in response to the Comprehensive Sudan Peace Act of 2004. (b) Authorization to Neutralize Perpetrators of the Violence.--The President is authorized and strongly encouraged to consider utilizing unmanned armed planes and other military assets to neutralize-- (1) Janjaweed or other militia groups intent in targeting civilians; (2) helicopters or fixed aircraft used to attack civilians or to provide cover and assistance to militia groups; and (3) intelligence or military headquarters used to plan and direct attacks against civilians. (c) No-Fly Zones.--The President is authorized to use force to enforce a no-fly zone over the Darfur region by utilizing American military assets, including-- (1) those currently stationed in the Horn of Africa region and/or use of NATO forces; (2) options that employ technological capabilities to intercept and jam communications between the Government of Sudan and the Janjaweed; and (3) cost-effective equipment such as aerostats, airships, or unmanned aerial vehicles to achieve situational awareness. (d) Port Entry Denial.--The President is authorized to deny port entry to the United States to cargo ships or oil tankers engaged in business or trade activities in the oil sector of Sudan and/or involved in the shipment of goods for use by the Sudan Armed Forces. SEC. 7. PROHIBITION ON TRADING IN UNITED STATES CAPITAL MARKETS. (a) Prohibition.--The President shall exercise the authorities he has under the International Emergency Economic Powers Act (without regard to the requirements set forth in section 202 of that Act) to prohibit any entity engaged in any commercial activity in Sudan-- (1) from raising capital in the United States; or (2) from trading its securities (or depository receipts with respect to its securities) in any capital market in the United States. (b) Penalties.--The penalties under section 206 of the International Emergency Economic Powers Act shall apply to violations under subsection (a) to the same extent as such penalties apply to violations under that Act. (c) Waiver.--The President may waive the application of sanctions in section 5 and this section if the President determines and certifies to the appropriate congressional committees that such a waiver is in the national interest of the United States. (d) Notification of Waivers of Sanctions.--Not later than 30 days before waiving the provisions of any sanctions currently in force with regard to Sudan, the President shall submit to the appropriate congressional committees a report describing the waiver and the reasons therefor. SEC. 8. REPORTS TO CONGRESS. (a) Disclosure of Business Activities in Sudan.-- (1) Annual report to congress.--The Secretary of the Treasury shall, not later than 6 months after the date of the enactment of this Act, and not later than the end of each 1- year period thereafter, submit to the Congress a report that includes- (A) the identity of all entities that are engaged in commercial activity in Sudan; (B) the nature and extent of that commercial activity in Sudan, including any plans for expansion or diversification; (C) the identity of all agencies of the Sudanese Government with which any such entity is doing business; and (D) the relationship of the commercial activity to any violations of religious freedom and other human rights in Sudan. (2) Disclosure to the public.--The Secretary of the Treasury shall publish or otherwise make available to the public each report submitted under subsection (a). (b) Conforming Amendment.--Section 8(b)(1) of the Sudan Peace Act (50 U.S.C.1701 note) is amended to read as follows: ``(1) The best estimates of the extent of aerial bombardment of, as well as the extent of militia activity against, civilian centers in Sudan, by the Government of Sudan, including targets, frequency, and best estimates of damage.''.

Darfur Genocide Accountability Act of 2005 - Expresses the sense of Congress that the atrocities unfolding in Darfur, Sudan, are genocide. Directs the President to: (1) block the property and assets of civil and military officials of the Government of Sudan and their family members implicated in the Darfur atrocities, and property and assets controlled by the National Congress Party; and (2) prohibit an entity engaged in any commercial activity in Sudan from raising capital in the United States, or from trading its securities in any capital market in the United States. Directs the Secretary of State to: (1) prohibit visas for civil and military officials of the Government of Sudan, and militia members and others implicated in the Darfur atrocities; (2) reduce the Sudanese diplomatic mission in Washington, D.C., and restrict or control the remaining staff's movement within the United States; and (3) instruct the U.S. Permanent Representative to the United Nations (UN) to oppose any UN or other international conference from being held in Sudan. Authorizes the President to: (1) use force to stop the Darfur genocide, including establishment of a no-fly zone and use of unmanned armed planes; and (2) deny U.S. port entry to ships doing business in the Sudan oil sector and /or with the Sudan armed forces.

SECTION 1. SUICIDE PREVENTION. Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb-31 et seq) is amended by adding at the end the following: ``SEC. 520C. SUICIDE PREVENTION FOR CHILDREN AND ADOLESCENTS. ``(a) In General.--The Secretary shall award grants, contracts, or cooperative agreements to States, political subdivisions of States, Indian tribes, tribal organizations, public organizations, or private nonprofit organizations to establish programs to reduce suicide deaths in the United States among children and adolescents. ``(b) Collaboration.--In carrying out subsection (a), the Secretary shall ensure that activities under this section are coordinated among the Substance Abuse and Mental Health Services Administration, the relevant institutes at the National Institutes of Health, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, and the Administration on Children and Families. ``(c) Requirements.--A State, political subdivision of a State, Indian tribe, tribal organization, public organization, or private nonprofit organization desiring a grant, contract, or cooperative agreement under this section shall demonstrate that the suicide prevention program such entity proposes will-- ``(1) provide for the timely assessment, treatment, or referral for mental health or substance abuse services of children and adolescents at risk for suicide; ``(2) be based on best evidence-based, suicide prevention practices and strategies that are adapted to the local community; ``(3) integrate its suicide prevention program into the existing health care system in the community including primary health care, mental health services, and substance abuse services; ``(4) be integrated into other systems in the community that address the needs of children and adolescents including the educational system, juvenile justice system, welfare and child protection systems, and community youth support organizations; ``(5) use primary prevention methods to educate and raise awareness in the local community by disseminating evidence- based information about suicide prevention; ``(6) include suicide prevention, mental health, and related information and services for the families and friends of those who completed suicide, as needed; ``(7) provide linguistically appropriate and culturally competent services, as needed; ``(8) provide a plan for the evaluation of outcomes and activities at the local level, according to standards established by the Secretary, and agree to participate in a national evaluation; and ``(9) ensure that staff used in the program are trained in suicide prevention and that professionals involved in the system of care have received training in identifying persons at risk of suicide. ``(d) Use of Funds.--Amounts provided under grants, contracts, or cooperative agreements under subsection (a) shall be used to supplement and not supplant other Federal, State, and local public funds that are expended to provide services for eligible individuals. ``(e) Condition.--An applicant for a grant, contract, or cooperative agreement under subsection (a) shall demonstrate to the Secretary that the applicant has the support of the local community and relevant public health officials. ``(f) Special Populations.--In awarding grants, contracts, and cooperative agreements under subsection (a), the Secretary shall ensure that such awards are made in a manner that will focus on the needs of communities or groups that experience high or rapidly rising rates of suicide. ``(g) Application.--A State, political subdivision of a State, Indian tribe, tribal organization, public organization, or private nonprofit organization receiving a grant, contract, or cooperative agreement under subsection (a) shall prepare and submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. Such application shall include a plan for the rigorous evaluation of activities funded under the grant, contract, or cooperative agreement, including a process and outcome evaluation. ``(h) Distribution of Awards.--In awarding grants, contracts, and cooperative agreements under subsection (a), the Secretary shall ensure that such awards are distributed among the geographical regions of the United States and between urban and rural settings. ``(i) Evaluation.--A State, political subdivision of a State, Indian tribe, tribal organization, public organization, or private nonprofit organization receiving a grant, contract, or cooperative agreement under subsection (a) shall prepare and submit to the Secretary at the end of the program period, an evaluation of all activities funded under this section. ``(j) Dissemination and Education.--The Secretary shall ensure that findings derived from activities carried out under this section are disseminated to State, county and local governmental agencies and public and private nonprofit organizations active in promoting suicide prevention and family support activities. ``(k) Duration of Projects.--With respect to a grant, contract, or cooperative agreement awarded under this section, the period during which payments under such award may be made to the recipient may not exceed 5 years. ``(l) Study.--Within 1 year after the date of enactment of this section, the Secretary shall, directly or by grant or contract, initiate a study to assemble and analyze data to identify-- ``(1) unique profiles of children under 13 who attempt or complete suicide; ``(2) unique profiles of youths between ages 13 and 21 who attempt or complete suicide; and ``(3) a profile of services which might have been available to these groups and the use of these services by children and youths from paragraphs (1) and (2). ``(m) Authorization of Appropriation.-- ``(1) In general.--For purposes of carrying out this section, there is authorized to be appropriated $75,000,000 for fiscal year 2001 and such sums as may be necessary for each of the fiscal years 2002 and 2003. ``(2) Program management.--In carrying out this section, the Secretary shall use 1 percent of the amount appropriated under paragraph (1) for each fiscal year for managing programs under this section.''.

Requires the Secretary to initiate a study concerning suicide or attempted suicide by children and youth.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; FINDINGS. (a) Short Title.--This Act may be cited as the ``Real Solutions to World Hunger Act of 2002''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents; findings. Sec. 2. Definitions. Sec. 3. Ensuring safety and mitigating ecological impacts of United States exports of genetically engineered animals, plants, and seeds. Sec. 4. Promotion of international research regarding sustainable agriculture to assist developing countries. Sec. 5. Position of the United States in the international financial institutions regarding genetically engineered animals, plants, and seeds. Sec. 6. Tax on biotech companies to help fund sustainable agriculture research. (c) Findings.--Congress finds the following: (1) The need for mandatory labeling, safety testing, and environmental reviews of genetically engineered foods do not constitute obstacles to the cessation of world hunger. (2) The dominant causes of world hunger are not technological in nature, but rooted in basic social-economic failures. (3) Technologies, like genetically engineered food, may have a limited role, but economics remain the significant barrier to a consistent food supply, and the development of expensive genetically engineered foods may only exacerbate this trend. (4) Most genetically engineered food products and almost all research funding for the development of genetically engineered food target developed nation agriculture and consumers. Developing countries cannot afford this technology and therefore are vastly ignored. (5) Agroecological interventions have had significant success in helping developing nations feed themselves with higher yields and improved environmental practices, all within reasonable costs for developing countries. (6) If the biotech industry believes they can help mitigate hunger concerns, domestic or foreign, then requiring biotech companies to make available the necessary resources for this purpose is appropriate. SEC. 2. DEFINITIONS. In this Act: (1) Genetically engineered animal.--The term ``genetically engineered animal'' means an animal that contains a genetically engineered material or was produced with a genetically engineered material. An animal shall be considered to contain a genetically engineered material or to have been produced with a genetically engineered material if the animal has been injected or otherwise treated with a genetically engineered material or is the offspring of an animal that has been so injected or treated. (2) Genetically engineered plant.--The term ``genetically engineered plant'' means a plant that contains a genetically engineered material or was produced from a genetically engineered seed. A plant shall be considered to contain a genetically engineered material if the plant has been injected or otherwise treated with a genetically engineered material (except that the use of manure as a fertilizer for the plant may not be construed to mean that the plant is produced with a genetically engineered material). (3) Genetically engineered seed.--The term ``genetically engineered seed'' means a seed that contains a genetically engineered material or was produced with a genetically engineered material. A seed shall be considered to contain a genetically engineered material or to have been produced with a genetically engineered material if the seed (or the plant from which the seed is derived) has been injected or otherwise treated with a genetically engineered material (except that the use of manure as a fertilizer for the plant may not be construed to mean that any resulting seeds are produced with a genetically engineered material). (4) Genetically engineered material.--The term ``genetically engineered material'' means material that has been altered at the molecular or cellular level by means that are not possible under natural conditions or processes (including recombinant DNA and RNA techniques, cell fusion, microencapsulation, macroencapsulation, gene deletion and doubling, introducing a foreign gene, and changing the positions of genes), other than a means consisting exclusively of breeding, conjugation, fermentation, hybridization, in vitro fertilization or tissue culture or mutagenesis. (5) Biotech company.--The term ``biotech company'' means a person engaged in the business of creating genetically engineered material and obtaining the patent rights to that material for the purposes of commercial exploitation of that material. The term does not include the employees of such person. SEC. 3. ENSURING SAFETY AND MITIGATING ECOLOGICAL IMPACTS OF UNITED STATES EXPORTS OF GENETICALLY ENGINEERED ANIMALS, PLANTS, AND SEEDS. It shall be unlawful for any person to ship or offer for shipment, or for any carrier or other person to transport or receive for transportation, to any foreign country, any genetically engineered animal, genetically engineered plant, or genetically engineered seed that the person knows, or has reason to believe, will be used by the ultimate purchaser to produce an agricultural commodity if-- (1) the genetically engineered animal, genetically engineered plant, or genetically engineered seed-- (A) was denied a Federal approval necessary as a condition for commercial marketing in the United States; or (B) was the subject of an application for such a Federal approval that was withdrawn; or (2) the government of the foreign country has not certified that ecological impacts related to the importation of the genetically engineered animal, genetically engineered plant, or genetically engineered seed have been mitigated to the satisfaction of the foreign government. SEC. 4. PROMOTION OF INTERNATIONAL RESEARCH REGARDING SUSTAINABLE AGRICULTURE TO ASSIST DEVELOPING COUNTRIES. (a) Grants for International Research.--The Secretary of Agriculture may make grants to designated international research institutions for the purpose of promoting the development of sustainable agriculture techniques that rely on minimum artificial inputs to meet the food and fiber needs of developing countries. Eligible sustainable agriculture techniques may not derive any genetic engineered material. (b) Use of Grant Funds.--A grant recipient shall use the funds provided under this section only in a manner consistent with the purpose for which the grant is awarded. (c) Designated Institutions.--The Secretary of Health and Human Services shall designate the international research institutions eligible to apply for a grant under this section. The designated institutions shall include the United Nations Food and Agriculture Organization and the Consultative Group on International Agricultural Research. (d) Competitive Basis.--Grants under this section shall be made on a competitive basis. (e) Funding Source.--The Secretary of Agriculture shall use the Sustainable Agriculture Trust Fund, in such amounts as provided in advance in appropriation Acts, to make grants under this section. SEC. 5. POSITION OF THE UNITED STATES IN THE INTERNATIONAL FINANCIAL INSTITUTIONS REGARDING GENETICALLY ENGINEERED ANIMALS, PLANTS, AND SEEDS. The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) to make no effort to encourage the institution to prohibit any country eligible for assistance under the Heavily Indebted Poor Countries (HIPC) Initiative of the International Bank for Reconstruction and Development from requiring compulsory licensing with respect to any genetically engineered animal, genetically engineered plant, or genetically engineered seed. SEC. 6. TAX ON BIOTECH COMPANIES TO HELP FUND SUSTAINABLE AGRICULTURE RESEARCH. (a) Special Tax.-- (1) Tax imposed.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART VIII--TAX ON GENETIC ENGINEERING BUSINESSES ``Sec. 59B. Imposition of tax. ``SEC. 59B. IMPOSITION OF TAX. ``(a) Tax Imposed.--In the case of a corporation, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to 1 percent of the gross income of such business for the taxable year which is attributable (directly or indirectly) to-- ``(1) the marketing in the United States of any genetically engineered organism, or ``(2) the holding of a patent on any such an organism. ``(b) Definition.--In this section, the term `genetically engineered organism' means-- ``(1) an organism that has been altered at the molecular or cellular level by means that are not possible under natural conditions or processes (including but not limited to recombinant DNA and RNA techniques, cell fusion, microencapsulation, macroencapsulation, gene deletion and doubling, introducing a foreign gene, and changing the positions of genes), other than a means consisting exclusively of breeding, conjugation, fermentation, hybridization, in vitro fertilization, tissue culture, or mutagenesis; and ``(2) an organism made through sexual or asexual reproduction (or both) involving an organism described in subparagraph (A), if possessing any of the altered molecular or cellular characteristics of the organism so described.'' (2) Clerical amendment.--The table of parts for such subchapter A is amended by adding at the end the following new item: ``Part VIII. Tax on genetic engineering businesses.'' (3) Effective Date.--The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. (b) Sustainable Agriculture Trust Fund.-- (1) Creation and funding source.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following new section: ``SEC. 9511. SUSTAINABLE AGRICULTURE TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Sustainable Agriculture Trust Fund', consisting of such amounts as may be appropriated or credited to the Sustainable Agriculture Trust Fund as provided in this section or section 9602(b). ``(b) Transfer to Trust Fund of Certain Taxes.--There is hereby appropriated to the Sustainable Agriculture Trust Fund amounts equivalent to the taxes received in the Treasury under section 59B. ``(c) Expenditures From Trust Fund.--Amounts in the Sustainable Agriculture Trust Fund shall be available, as provided in appropriation Acts, only for grants under sections 3 and 4 of the Real Solutions to World Hunger Act of 2002.''. (2) Clerical amendment.--The table of sections for such subchapter A is amended by adding at the end the following new item: ``Sec. 9511. Sustainable Agriculture Trust Fund.''

Real Solutions to World Hunger Act of 2002 - Makes it unlawful for any person to ship, or offer to ship, or for any carrier or person to transport, or receive for transportation, to any foreign country, any genetically engineered animal, plant, or seed (as defined by this Act) if the person knows or has reason to believe that the engineered article will be used to produce an agricultural commodity if: (1) such article was denied Federal approval for U.S. marketing, or its application for approval was withdrawn; or (2) the foreign government has not certified that related ecological impacts of such article have been satisfactorily mitigated.Authorizes the Secretary of Agriculture to make grants to designated international research institutions to promote development of sustainable agricultural techniques (which may not derive any genetic engineered material) that rely on minimum artificial inputs to meet developing countries' food and fiber needs.Directs the Secretary of the Treasury to instruct the United States Executive Director at each international financial institution to make no effort to encourage the institution from prohibiting countries eligible for certain assistance from requiring compulsory licensing of genetically engineered animals, plants, or seeds.Amends the Internal Revenue Code to: (1) impose a tax on a corporation equal to one percent of the gross income that is attributable to the U.S. marketing of any genetically engineered organism (as defined by this Act), or the holding of a patent on any such organism; and (2) establish in the Treasury the Sustainable Agriculture Trust Fund.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Governors Island Reinforcement Act of 1994''. SEC. 2. SANCTIONS AGAINST HAITI. (a) Prohibiting Trade and Certain Transactions Involving Haiti.-- The following are prohibited: (1) The import into the United States of any goods or services of Haitian origin, other than publications and material imported for news publications or news broadcast dissemination. (2) The export to Haiti of any goods, technology (including technical data or other information) or services from the United States, except publications, food, medicine, and medical supplies and donations of articles intended to relieve human suffering, such as clothing and temporary housing. (3) The purchase by any United States person of any goods for export from Haiti to any country. (4) The performance by any United States person of any contract in support of an industrial or other commercial or governmental project in Haiti. (5) The grant or extension of credits or loans by any United States person to the unelected military rulers of Haiti, its instrumentalities and controlled entities. (b) Prohibition of Certain Air Transport Involving Haiti.--The following is prohibited: (1) Any transaction by a United States person relating to air transportation to or from Haiti. (2) The provision of transportation to or from the United States by aircraft of Haitian registration. (3) The sale in the United States by any person holding authority under the Federal Aviation Act of any transportation by air which includes any stop in Haiti. (c) Sanctions Against Other Nations.-- (1) If the President determines that a foreign country is not cooperating with United States sanctions against Haiti under this Act or with applicable sanctions against Haiti imposed by the United Nations and the Organization of American States, effective 60 days after such determination no United States assistance may be provided to such foreign country. (2) If the President makes a determination under paragraph (1)-- (A) the President shall impose at least one other penalty or sanction which the President considers to be appropriate under the International Emergency Economic Powers Act; and (B) the President may impose such other sanctions and penalties under the International Emergency Economic Powers Act as the President considers appropriate. (3) For the purpose of this subsection, the term ``United States assistance'' means assistance of any kind which is provided by grant, sale, loan, lease, credit, guaranty, or insurance, or by any other means, by any agency or instrumentality of the United States Government, including-- (A) assistance under the Foreign Assistance Act of 1961; and (B) sales, credits, and guaranties under the Arms Export Control Act. (d) Sanctions by Other Countries.--The President shall direct the United States Ambassador to the United Nations to assume a leadership role within the United Nations Security Council to ensure that sanctions against Haiti unilaterally imposed by the United States under this Act are adopted by the international community. (e) Termination of Sanctions.--The provisions of this section shall cease to have effect on the date the President certifies to the Congress that the democratically-elected President of Haiti has been reinstated and Haiti's military high command has met its obligations under the Governors Island Agreement. SEC. 3. CONGRESSIONAL STATEMENT. (a) Human Rights Observers.--The Congress strongly urges the President to take such steps as are necessary to facilitate the return to Haiti of a full contingent of human rights observers under the auspices of the United Nations and/or the Organization of American States. (b) Multinational Border Patrol.--Subject to the request of the democratically-elected President of Haiti Jean-Bertrand Aristide, the Congress strongly urges President Clinton to take all available measures to effect the deployment of a multinational border patrol between the Dominican Republic and Haiti which will be fully equipped in terms of personnel and equipment to halt cross-border violations of sanctions against Haiti imposed by the United States and other countries. (c) Multilateral Socioeconomic and Peacekeeping Assistance.--The Congress reaffirms the unwavering committment of the United States to support multilateral socioeconomic and peacekeeping assistance to Haiti upon the return to power of the democratically-elected President of Haiti and the removal of Haiti's military high command. SEC. 4. SANCTITY OF GOVERNORS ISLAND AGREEMENT. (a) In General.--Subject to subsection (b) and notwithstanding any other provision of law, no officer or employee of the United States shall attempt, directly or indirectly, to amend, reinterpret, or nullify the Governors Island Agreement. (b) Exception.--Subsection (a) shall not apply to the October 30, 1993, deadline for the return to power of the democratically-elected President of Haiti, Jean-Bertrand Aristide. SEC. 5. TERMINATION OF BILATERAL MIGRANT INTERDICTION AGREEMENT. The President shall notify the Government of Haiti immediately of the intention of the United States Government to terminate the agreement between the United States and Haiti relating to migrant interdiction (effected by the exchange of notes signed at Port-au- Prince on September 23, 1981; 33 UST 3559, TIAS 6577). SEC. 6. ADHERENCE TO INTERNATIONAL LAW REQUIREMENT OF NONREFOULEMENT WITH RESPECT TO HAITI. (a) Obligations Outside the United States.--The United States Government shall not return, cause to be returned, or affect the movement in any manner which results in returning, to Haiti a national or habitual resident of Haiti, who is outside the territorial boundaries of Haiti, and no funds may be expended with respect to any such return, unless the United States Government first determines in a manner that incorporates procedural safeguards consistent with internationally endorsed standards and guidelines that such individual is not a refugee of Haiti under Article 1 of the Convention Relating to the Status of Refugees (done at Geneva July 28, 1951) as applied under Article I of the United Nations Protocol Relating to the Status of Refugees (done at New York, January 31, 1967) or a person designated under Article 33 of the Convention Relating to the Status of Refugees. (b) Obligations Within the Territorial Waters of Haiti.--The United States Government shall not return, cause to be returned, or affect the movement in any manner which results in returning, to Haiti a national or habitual resident of Haiti, who is within the territorial waters of Haiti, and no funds may be expended with respect to any such return, unless the United States Government first determines in a manner that incorporates procedural safeguards consistent with internationally endorsed standards and guidelines that if that individual were outside the territorial boundaries of Haiti such individual would not be a refugee of Haiti under Article I of the Convention Relating to the Status of Refugees (done at Geneva, July 28, 1951) as applied under Article I of the United National Protocol Relating to the Status of Refugees (done at New York, January 31, 1967) or a person designated under Article 33 of the Convention Relating to the Status of Refugees. This subsection shall not constitute authority for conducting operations by the United States Government within the territorial waters of Haiti or any other country. (c) Limitations.--The provisions of this section do not apply to an individual if-- (1) such individual ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group or political opinion; or (2) such individual, having been convicted by a final judgment of an aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act), constitutes a danger to the community of the United States. (d) Rule of Construction.--Nothing in this section shall be construed to impose new obligations on the Government of the United States in its treatment of nationals and habitual residents of a country at United States diplomatic and consular missions in that country. SEC. 7. TEMPORARY PROTECTED STATUS FOR HAITIANS. (a) Designation.--During the period specified in subsection (c) of this section, Haiti is hereby designated under section 244A(b)(1) of the Immigration and Nationality Act (relating to temporary protected status). (b) Eligible Haitians.--Any alien-- (1) who is a national of Haiti and is present in the United States or in the custody or control of the United States (including Guantanamo Bay, Cuba, and any other vessel or facility of the United States Government) at any time during the period described in subsection (c) of this section, (2) who is not an alien designated under section 8(b) or 9(b) of this Act, (3) who meets the requirements of section 244A(c)(1)(A)(iii) of the Immigration and Nationality Act, and (4) who, during the period described in subsection (c) of this section, registers for temporary protected status to the extent and in a manner which the Attorney General establishes, shall be granted temporary protected status for the duration of that period and section 244A(a)(1) of the Immigration and Nationality Act shall apply with respect to such alien. (c) Period of Designation.--The designation pursuant to subsection (a) shall be in effect during the period beginning on the date of enactment of this Act and ending on the date on which the President certifies to the Congress that the democratically-elected President of Haiti has been reinstated and Haiti's military high command has met its obligations under the Governors Island Agreement. Subsections (b)(2) and (b)(3) of section 244A of the Immigration and Nationality Act do not apply with respect to the designation pursuant to subsection (a) of this section. SEC. 8. CERTAIN HAITIANS INELIGIBLE TO RECEIVE VISAS AND EXCLUDED FROM ADMISSION. (a) Exclusion.--During the period specified in subsection (c), an alien designated under subsection (b) shall be ineligible to receive any visa and shall be excluded from admission into the United States. (b) Designated Alien.--An alien designated under this subsection is any alien who-- (1) is a national of Haiti; and (2)(A) is a member of the Haitian military; (B) provided financial or other material support for, or directly assisted, the military coup of September 30, 1991, which overthrew the democratically-elected Haitian Government of President Jean-Bertrand Aristide; (C) provided financial or other material support for, or directly participated in, terrorist acts against the Haitian people during any period after such coup; or (D) contributed to the obstruction of United Nations resolutions 841 and 843, the Governors Island Agreement, or the activities of the United Nations Mission in Haiti. (c) Period of Exclusion.--The period of exclusion specified in this subsection begins on the date of the enactment of this Act and ends on the date on which the President certifies to the Congress that the democratically-elected President of Haiti has been reinstated and Haiti's military high command has met its obligations under the Governors Island Agreement. SEC. 9. BLOCKING OF ASSETS OF CERTAIN HAITIANS. (a) Blocking of Assets.--During the period specified in subsection (c), all property and interests in property of aliens designated under subsection (b) that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of United States persons (including overseas branches of United States persons), are blocked. (b) Designated Alien.--An alien designated under this subsection is any alien who-- (1) is a national of Haiti; and (2)(A) is a member of the Haitian military; (B) provided financial or other material support for, or directly assisted, the military coup of September 30, 1991, which overthrew the democratically-elected Haitian Government of President Jean-Bertrand Aristide; (C) provided financial or other material support for, or directly participated in, terrorist acts against the Haitian people during any period after such coup; or (D) contributed to the obstruction of United Nations resolutions 841 and 843, the Governors Island Agreement, or the activities of the United Nations Mission in Haiti. (c) Period of Exclusion.--The period of exclusion specified in subsection (a) begins on the date of the enactment of this Act and ends on the date on which the President certifies to the Congress that the democratically-elected President of Haiti has been reinstated and Haiti's military high command has met its obligations under the Governors Island Agreement.

Governors Island Reinforcement Act of 1994 - Sets forth trade, assistance, and air transport sanctions against Haiti, and against other nations not cooperating with U.S. or international sanctions. Terminates such sanctions upon the reinstatement of the democratically elected President of Haiti and the military's meeting its obligation under the Governors Island Agreement. States congressional support for: (1) the return of human rights observers to Haiti; (2) the creation of a multinational border patrol between Haiti and the Dominican Republic; and (3) socioeconomic and peacekeeping assistance to Haiti. Directs the President to terminate the bilateral migrant interdiction agreement with Haiti. Provides for the nonrefoulement of Haitians by the United States. Grants temporary protected status under the Immigration and Nationality Act to qualifying Haitians. Excludes from U.S. admission, and blocks U.S. assets of, certain Haitians connected with the military or related activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Safety Rapid Response Act''. SEC. 2. ENHANCED FOODBORNE ILLNESS SURVEILLANCE. (a) In General.-- (1) Authority.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall strengthen and expand foodborne illness surveillance systems to-- (A) inform and evaluate efforts to prevent foodborne illness; and (B) enhance the identification and investigation of, and response to, foodborne illness outbreaks. (2) Foodborne illness outbreak.--For purposes of this section, the term ``foodborne illness outbreak'' means the occurrence of cases of human illness caused by a specific pathogen with matching subtype characteristics which are-- (A) found in 2 or more States; and (B) temporally and geographically distributed in a manner to suggest contamination of a commercially distributed food product or ingredient. (b) Foodborne Illness Surveillance Systems.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall enhance foodborne illness surveillance systems to improve the collection, analysis, reporting, and usefulness of data on foodborne illnesses by-- (1) coordinating foodborne illness surveillance and environmental assessment systems, including complaint systems, in order to-- (A) produce better information on illnesses associated with foods, including sources and risk factors for infections by emerging pathogens; and (B) facilitate sharing of data acquisition and findings on a more timely basis-- (i) among governmental agencies, including the Food and Drug Administration, the Food Safety and Inspection Service, and State and local agencies; (ii) with relevant persons in the food industry; and (iii) with the public; (2) augmenting foodborne illness surveillance and environmental assessment systems to improve-- (A) attribution of a foodborne illness outbreak to a specific food or food ingredient; and (B) identification and reporting of contributing factors and environmental antecedents in foodborne illness outbreak investigations; (3) developing improved epidemiological tools and methods for obtaining quality exposure data, microbiological methods for classifying cases and detecting clusters; (4) developing improved environmental assessment tools for obtaining data on contributing factors and environmental antecedents in foodborne illness outbreaks; (5) expanding capacity of foodborne illness surveillance and environmental assessment systems, including those owned and controlled by persons in industry, for implementation of fingerprinting strategies for foodborne infectious agents, including parasites and hepatitis A, in order to increase pathogen discovery efforts to identify new or rarely documented causes of foodborne illness; (6) allowing timely industry and public access to de- identified, aggregate surveillance data; (7) at least annually, publishing current reports on findings from foodborne illness surveillance and environmental assessment systems; (8) exploring establishment of registries for long-term case follow-up to better characterize late complications of foodborne illness; (9) increasing the participation of public health officials at the Federal, State, and local levels in national networks of public health and food regulatory agencies and laboratories to-- (A) share and accept laboratory analytic and environmental assessment findings; and (B) identify foodborne illness outbreaks and attribute such outbreaks to specific foods through submission of standardized molecular subtypes (also known as ``fingerprints'') of foodborne illness pathogens to a centralized database; and (10) establishing a flexible mechanism for rapidly supporting scientific research by academic centers of excellence, which may include staff representing academic clinical researchers, food microbiologists, animal and plant disease specialists, ecologists, and other allied disciplines. (c) Improving State Surveillance Capacity.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention and the Commissioner of Food and Drugs, shall improve capacity for surveillance in the States by-- (1) supporting outbreak investigations with needed specialty expertise, including epidemiological, microbiological, and environmental expertise, to assist identification of underlying common sources and contributing factors; (2) identifying, disseminating, and supporting implementation of model practices at the State and local level for-- (A) facilitating rapid shipment of clinical isolates from clinical laboratories to State public health laboratories to avoid delays in testing; (B) conducting rapid and standardized interviewing of individuals associated with major enteric pathogens, including prior to designation of clusters as foodborne illness outbreaks; (C) conducting and evaluating rapid and standardized interviews of healthy control persons; (D) providing environmental assessment tools for obtaining data regarding contributing factors and environmental antecedents during foodborne illness outbreak investigations; and (E) sharing information on a timely basis-- (i) within public health and food regulatory agencies; (ii) among such agencies; (iii) with the food industry; (iv) with healthcare providers; and (v) with the public; (3) conducting a systematic review of the barriers to sharing data among the entities described in paragraph (2)(E); (4) developing, regularly updating, and disseminating training curricula on foodborne illness surveillance investigations, including standard sampling methods and laboratory procedures and improved environmental assessment procedures; (5) integrating new molecular diagnostic tools for parasites into Web-based consultation services for parasitic infections to accelerate the identification of foodborne infectious agents; (6) supporting research to develop and deploy new subtyping methods for salmonella, E. coli, campylobacter, and other pathogens, to increase the speed and accuracy of diagnoses; (7) determining minimum core competencies for public health laboratories, and developing self-evaluation and proficiency- testing tools for such laboratories; (8) facilitating regional public health laboratory partnerships to leverage resources, including equipment and physical space, and increase surge capacity; (9) providing technical assistance, which may include the detailing of officers and employees of the Secretary, to State and local public health and food regulatory agencies; (10) partnering with the Food and Drug Administration to increase communication, coordination, and integration of foodborne illness surveillance and outbreak investigation activities; and (11) developing and periodically updating response and interview procedures so that such procedures are standardized and tested. SEC. 3. FOOD SAFETY CENTERS OF EXCELLENCE. (a) Establishment.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the working group described in subsection (b)(2), shall establish 5 regional Food Safety Centers of Excellence (referred to in this section as the ``Centers of Excellence'') to serve as regional resources for State and local public health professionals. The Centers of Excellence shall be established at selected State health departments. (b) Selection of the Centers of Excellence.-- (1) Eligible entities.--To be eligible to be designated as a Food Safety Center of Excellence under subsection (a), an entity shall-- (A) be a State health department; (B) partner with 1 or more institutions of higher education that have demonstrated knowledge, expertise, and meaningful experience with regional or national food production, processing, and distribution, as well as leadership in the laboratory, epidemiological, and environmental detection and investigation of foodborne illness; and (C) provide to the Secretary such information, at such time, and in such manner, as the Secretary may require. (2) Working group.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a diverse working group of experts and stakeholders from Federal, State, and local food safety and health agencies, the food industry, including food retailers and food manufacturers, consumer organizations, and academia to make recommendations to the Secretary regarding designations of the Regional Centers of Excellence. (3) Additional centers of excellence.--The Secretary may designate eligible entities to be regional Food Safety Centers of Excellence, in addition to the 5 designated under subsection (a). (c) Activities.--Under the leadership of the Director of the Centers for Disease Control and Prevention, each Center of Excellence shall be based out of a selected State health department, which shall provide assistance to other regional, State, and local departments of health through activities that include-- (1) providing resources for interviewing individuals as part of routine surveillance and outbreak investigations; (2) providing analysis of the timeliness and effectiveness of foodborne disease surveillance and outbreak response activities; (3) providing training for epidemiological and environmental investigation of foodborne illness, including suggestions for streamlining and standardizing the investigation process; (4) establishing fellowships, stipends, and scholarships to train future epidemiological and food-safety leaders and to address critical workforce shortages; (5) training and coordinating State and local personnel; (6) strengthening capacity to participate in existing or new foodborne illness surveillance and environmental assessment information systems; and (7) conducting research and outreach activities focused on increasing prevention, communication, and education regarding food safety. (d) Report to Congress.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that-- (1) describes the effectiveness of Centers of Excellence; and (2) provides legislative recommendations or describes additional resources required by the Centers of Excellence. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000, which shall remain available until expended.

Food Safety Rapid Response Act - Requires the Secretary of Health and Human Services (HHS) to strengthen and expand foodborne illness surveillance systems to: (1) inform and evaluate efforts to prevent foodborne illness; and (2) enhance the identification and investigation of, and response to, foodborne illness outbreaks. Requires the Director of the Centers for Disease Control and Prevention (CDC) to: (1) enhance foodborne illness surveillance systems to improve the collection, analysis, reporting, and usefulness of data on foodborne illnesses; and (2) improve capacity for foodborne illness surveillance in states. Requires the Secretary to establish five regional Food Safety Centers of Excellence to serve as regional resources for state and local public health professionals in investigating and responding to foodborne illnesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combating Money Laundering and Terrorist Financing Act of 2003''. SEC. 2. SPECIFIED ACTIVITIES FOR MONEY LAUNDERING. (a) RICO Definitions.--Section 1961(1) of title 18, United States Code, is amended-- (1) in subparagraph (A), by inserting ``burglary, embezzlement,'' after ``robbery,''; (2) in subparagraph (B), by-- (A) inserting ``section 1960 (relating to illegal money transmitters),'' before ``sections 2251''; (B) striking ``1588'' and inserting ``1592''; (C) inserting ``and 1470'' after ``1461-1465''; and (D) inserting ``2252A,'' after ``2252,''; (3) in subparagraph (D), by striking ``fraud in the sale of securities'' and inserting ``fraud in the purchase or sale of securities''; and (4) in subparagraph (F), by inserting ``and 274A'' after ``274''. (b) Monetary Investments.--Section 1956(c)(7)(D) of title 18, United States Code, is amended by-- (1) inserting ``, or section 2339C (relating to financing of terrorism)'' before ``of this title''; and (2) striking ``or any felony violation of the Foreign Corrupt Practices Act'' and inserting ``any felony violation of the Foreign Corrupt Practices Act, or any violation of section 208 of the Social Security Act (42 U.S.C. 408) (relating to obtaining funds through misuse of a social security number)''. (c) Conforming Amendments.-- (1) Monetary instruments.--Section 1956(e) of title 18, United States Code, is amended to read as follows: ``(e) Violations of this section may be investigated by such components of the Department of Justice as the Attorney General may direct, and by such components of the Department of the Treasury as the Secretary of the Treasury may direct, as appropriate, and, with respect to offenses over which the Department of Homeland Security has jurisdiction, by such components of the Department of Homeland Security as the Secretary of Homeland Security may direct, with respect to the offenses over which the Social Security Administration has jurisdiction, as the Commissioner of Social Security may direct, and with respect to offenses over which the United States Postal Service has jurisdiction, as the Postmaster General may direct. The authority under this subsection of the Secretary of the Treasury, the Secretary of Homeland Security, the Commissioner of Social Security, and the Postmaster General shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury, the Secretary of Homeland Security, the Commissioner of Social Security, the Postmaster General, and the Attorney General. Violations of this section involving offenses described in subsection (c)(7)(E) may be investigated by such components of the Department of Justice as the Attorney General may direct, and the National Enforcement Investigations Center of the Environmental Protection Agency.''. (2) Property from unlawful activity.--Section 1957(e) of title 18, United States Code, is amended to read as follows: ``(e) Violations of this section may be investigated by such components of the Department of Justice as the Attorney General may direct, and by such components of the Department of the Treasury as the Secretary of the Treasury may direct, as appropriate, and, with respect to offenses over which the Department of Homeland Security has jurisdiction, by such components of the Department of Homeland Security as the Secretary of Homeland Security may direct, and, with respect to offenses over which the United States Postal Service has jurisdiction, by the Postmaster General. The authority under this subsection of the Secretary of the Treasury, the Secretary of Homeland Security, and the Postmaster General shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury, the Secretary of Homeland Security, the Postmaster General, and the Attorney General.''. SEC. 3. ILLEGAL MONEY TRANSMITTING BUSINESSES. (a) Technical Amendments.--Section 1960 of title 18, United States Code, is amended-- (1) in the caption by striking ``unlicensed'' and inserting ``illegal''; (2) in subsection (a), by striking ``unlicensed'' and inserting ``illegal''; (3) in subsection (b)(1), by striking ``unlicensed'' and inserting ``illegal''; and (4) in subsection (b)(1)(C), by striking ``to be used to be used'' and inserting ``to be used''. (b) Prohibition of unlicensed money transmitting businesses.-- Section 1960(b)(1)(B) of title 18, United States Code, is amended by inserting the following before the semicolon: ``, whether or not the defendant knew that the operation was required to comply with such registration requirements''. (c) Authority To Investigate.--Section 1960 of title 18, United States Code, is amended by adding at the end the following: ``(c) Violations of this section may be investigated by the Attorney General, the Secretary of the Treasury, and the Secretary of the Department of Homeland Security.''. SEC. 4. ASSETS OF PERSONS COMMITTING TERRORIST ACTS AGAINST FOREIGN COUNTRIES OR INTERNATIONAL ORGANIZATIONS. Section 981(a)(1)(G) of title 18, United States Code, is amended by-- (1) striking ``or'' at the end of clause (ii); (2) striking the period at the end of clause (iii) and inserting ``; or''; and (3) inserting after clause (iii) the following: ``(iv) of any individual, entity, or organization engaged in planning or perpetrating any act of international terrorism (as defined in section 2331) against any international organization (as defined in section 209 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4309(b))) or against any foreign government. Where the property sought for forfeiture is located beyond the territorial boundaries of the United States, an act in furtherance of such planning or perpetration must have occurred within the jurisdiction of the United States.''. SEC. 5. MONEY LAUNDERING THROUGH INFORMAL VALUE TRANSFER SYSTEMS. Section 1956(a) of title 18, United States Code, is amended by adding at the end the following: ``(4) A transaction described in paragraph (1) or a transportation, transmission, or transfer described in paragraph (2) shall be deemed to involve the proceeds of specified unlawful activity, if the transaction, transportation, transmission, or transfer is part of a single plan or arrangement whose purpose is described in either of those paragraphs and one part of such plan or arrangement actually involves the proceeds of specified unlawful activity.''. SEC. 6. TECHNICAL CORRECTIONS TO FINANCING OF TERRORISM STATUTE. (a) Concealment.--Section 2339C(c)(2) of title 18, United States Code, is amended-- (1) by striking ``resources, or funds'' and inserting ``resources, or any funds or proceeds of such funds''; (2) in subparagraph (A), by striking ``were provided'' and inserting ``are to be provided, or knowing that the support or resources were provided,''; and (3) in subparagraph (B)-- (A) by striking ``or any proceeds of such funds''; and (B) by striking ``were provided or collected'' and inserting ``are to be provided or collected, or knowing that the funds were provided or collected,''. (b) Definitions.--Section 2339C(e) is amended by-- (1) striking ``and'' at the end of paragraph (12); (2) redesignating paragraph (13) as paragraph (14); and (3) inserting after paragraph (12) the following new paragraph: ``(13) the term `material support or resources' has the same meaning as in section 2339A(b) of this title; and''. (c) International Terrorism.--Section 2332b(g)(5)(B) of title 18, United States Code, is amended by inserting ``)'' after ``2339C (relating to financing of terrorism''. SEC. 7. MISCELLANEOUS AND TECHNICAL AMENDMENTS. (a) Criminal Forfeiture.--Section 982(b) of title 18, United States Code, is amended in subsection (b)(2), by striking ``The substitution'' and inserting ``With respect to a forfeiture under subsection (a)(1), the substitution''. (b) Technical Amendments to Sections 1956 and 1957.-- (1) Unlawful activity.--Section 1956(c)(7)(F) of title 18, United States Code, is amended by inserting ``, as defined in section 24'' before the period. (2) Property from unlawful activity.--Section 1957 of title 18, United States Code, is amended-- (A) in subsection (a), by striking ``engages or attempts to engage in'' and inserting ``conducts or attempts to conduct''; and (B) in subsection (f), by inserting the following after paragraph (3): ``(4) the term `conducts' has the same meaning as it does for purposes of section 1956 of this title.''. (c) Obstruction of Justice.--Section 1510(b)(3)(B) of title 18, United States Code, is amended by striking ``or'' the first time it appears and inserting ``, a subpoena issued pursuant to section 1782 of title 28, or''. SEC. 8. EXTENSION OF THE MONEY LAUNDERING AND FINANCIAL CRIMES STRATEGY ACT OF 1998. (a) Transmittal to Congress.--Section 5341(a)(2) of title 31, United States Code, is amended by striking ``and 2003'' and inserting ``2003, 2004, 2005, and 2006''. (b) Authorization of Appropriations.--Section 5355 of title 31, United States Code is amended by inserting after the item for fiscal year 2003 the following: ``2004......................... $15,000,000 ``2005......................... $15,000,000 ``2006......................... $15,000,000.''.

Combating Money Laundering and Terrorist Financing Act of 2003 - Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to expand its scope to cover acts or threats involving burglary, embezzlement, and fraud in the purchase of securities. Modifies provisions regarding: (1) the laundering of monetary instruments to include violations of the Social Security Act relating to obtaining funds through misuse of a social security number, to grant authority to the Secretary of Homeland Security and the Commissioner of Social Security over offenses within their jurisdictions, and to cover certain informal transfers of the proceeds of specified unlawful activity; and (2) engaging in monetary transactions in property derived from specified unlawful activity to grant authority to the Secretary over offenses within his jurisdiction. Changes the name of a money transmitting business the operation of which is prohibited from an "unlicensed" to an "illegal" money transmitting business. Specifies that such a business shall be illegal if it fails to to comply with money transmitting business registration requirements (current law), whether or not the defendant knew that the operation was required to comply with such requirements. Authorizes the Attorney General, the Secretary of the Treasury, and the Secretary of Homeland Security to investigate violations regarding such businesses. Amends the Federal criminal code to provide for civil forfeiture of the assets of individuals or entities engaging in planning or perpetrating any act of international terrorism against any international organization or foreign government. Reauthorizes the Money Laundering and Financial Crimes Strategy Act of 1998.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Livestock Marketing Fairness Act''. SEC. 2. PURPOSE. The purpose of the amendments made by this Act is to prohibit the use of certain anti-competitive forward contracts-- (1) to require a firm base price in forward contracts and marketing agreements; and (2) to require that forward contracts be traded in open, public markets. SEC. 3. LIMITATION ON USE OF ANTI-COMPETITIVE FORWARD CONTRACTS. (a) In General.--Section 202 of the Packers and Stockyards Act, 1921 (7 U.S.C. 192), is amended-- (1) by striking ``Sec. 202. It shall be'' and inserting the following: ``SEC. 202. UNLAWFUL PRACTICES. ``(a) In General.--It shall be''; (2) by striking ``to:'' and inserting ``to--''; (3) by redesignating subsections (a), (b), (c), (d), (e), (f), and (g) as paragraphs (1), (2), (3), (4), (5), (7), and (8), respectively, and indenting appropriately; (4) in paragraph (7) (as redesignated by paragraph (3)), by designating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and indenting appropriately; (5) in paragraph (8) (as redesignated by paragraph (3)), by striking ``subdivision (a), (b), (c), (d), or (e)'' and inserting ``paragraph (1), (2), (3), (4), (5), or (6)''; (6) in each of paragraphs (1), (2), (3), (4), (5), (7), and (8) (as redesignated by paragraph (3)), by striking the first capital letter of the first word in the paragraph and inserting the same letter in the lower case; (7) in each of paragraphs (1) through (5) (as redesignated by paragraph (3)), by striking ``or'' at the end; (8) by inserting after paragraph (5) (as redesignated by paragraph (3)) the following: ``(6) except as provided in subsection (c), use, in effectuating any sale of livestock, a forward contract that-- ``(A) does not contain a firm base price that may be equated to a fixed dollar amount on the day on which the forward contract is entered into; ``(B) is not offered for bid in an open, public manner under which-- ``(i) buyers and sellers have the opportunity to participate in the bid; and ``(ii) buyers and sellers may witness bids that are made and accepted; ``(C) is based on a formula price; or ``(D) subject to subsection (b), provides for the sale of livestock in a quantity in excess of-- ``(i) in the case of cattle, 40 cattle; ``(ii) in the case of swine, 30 swine; and ``(iii) in the case of other types of livestock, a comparable quantity of the type of livestock determined by the Secretary.''; and (9) by adding at the end the following: ``(b) Adjustments.--The Secretary may adjust the maximum quantity of livestock described in subsection (a)(6)(D) to reflect advances in marketing and transportation capabilities if the adjusted quantity provides reasonable market access for all buyers and sellers. ``(c) Exemption for Cooperatives.--Subsection (a)(6) shall not apply to-- ``(1) a cooperative or entity owned by a cooperative, if a majority of the ownership interest in the cooperative is held by active cooperative members that-- ``(A) own, feed, or control livestock; and ``(B) provide the livestock to the cooperative for slaughter; ``(2) a packer that is not required to report to the Secretary on each reporting day (as defined in section 212 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1635a)) information on the price and quantity of livestock purchased by the packer; or ``(3) a packer that owns 1 livestock processing plant.''. (b) Definitions.--Section 2(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 182(a)) is amended by adding at the end the following: ``(15) Firm base price.--The term `firm base price' means a transaction using a reference price from an external source. ``(16) Formula price.-- ``(A) In general.--The term `formula price' means any price term that establishes a base from which a purchase price is calculated on the basis of a price that will not be determined or reported until a date after the day the forward price is established. ``(B) Exclusion.--The term `formula price' does not include-- ``(i) any price term that establishes a base from which a purchase price is calculated on the basis of a futures market price; or ``(ii) any adjustment to the base for quality, grade, or other factors relating to the value of livestock or livestock products that are readily verifiable market factors and are outside the control of the packer. ``(17) Forward contract.--The term `forward contract' means an oral or written contract for the purchase of livestock that provides for the delivery of the livestock to a packer at a date that is more than 7 days after the date on which the contract is entered into, without regard to whether the contract is for-- ``(A) a specified lot of livestock; or ``(B) a specified number of livestock over a certain period of time.''.

Livestock Marketing Fairness Act - Amends the Packers and Stockyards Act, 1921 to prohibit a livestock sale forward contract (with an exception for specified cooperatives) that: (1) does not contain a firm base price that may be equated to a fixed dollar amount on the contract day; (2) is not offered for open public bid; (3) is based on a formula price; or (4) provides for the sale of more that 40 cattle, 30 swine, or other livestock in a quantity as determined by the Secretary of Agriculture. Defines: (1) "firm base price" as a transaction using an external source reference price; (2) "formula price" as any price term that establishes a base from which a purchase price is calculated on the basis of a price that will not be determined or reported until a date after the forward price is established (with specified exclusions); and (3) "forward contract" as a livestock purchase contract that provides for livestock delivery to a packer at a date that is more than seven days after the date on which the contract is entered into, without regard to whether the contract is for a specified lot of livestock or a specified number of livestock over a certain period of time.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Telephone Consumer Slamming Prevention Act of 1997''. SEC. 2. LONG DISTANCE SLAMMING PROHIBITION. Section 258 of the Communications Act of 1934 (47 U.S.C. 258) is amended-- (1) in the first sentence of subsection (a), by inserting ``the requirements of this section and'' after ``in accordance with''; and (2) by adding at the end the following new subsections: ``(c) Verification Procedures Required With Respect to Subscriber Selections of Interstate Carrier.-- ``(1) Written carrier selections required.--No telecommunications carrier shall submit or execute a change in a subscriber's selection of a provider of interstate telephone service unless the carrier to which the subscriber will be changed (or such carrier's agent) has obtained from the subscriber a written change authorization that-- ``(A) clearly and simply describes the nature of the subscription change; ``(B) is signed and dated by the subscriber; ``(C) is solicited in accordance with the requirements of paragraph (2); and ``(D) is in a form (including typeface and language used) that is prescribed or approved by the Commission. ``(2) Solicitation procedures.--A written change authorization shall-- ``(A) not (i) be a part of, or attached to, any other document, (ii) be included together with any billing for telephone service, (iii) contain any promotional offer or inducement; or (iv) represent that endorsement entitles the subscriber to any benefit other than the change in carrier selection; and ``(B) be provided to the subscriber in duplicate, and permit the subscriber to retain the duplicate. ``(d) Liability to Subscribers for Unauthorized Changes of Interstate Telephone Service.--Any telecommunications carrier that violates the requirements of subsection (c) shall be liable to the subscriber in an amount equal to the sum of the following charges: ``(1) Switching fees.--Any fees imposed for changing the subscriber's service to or from the unauthorized carrier. ``(2) Long distance charges.--Any charges for interstate telephone service used by the subscriber during the period that begins upon the occurrence of the unauthorized change in service that constituted the violation and ends upon the earlier of (A) the date that the service of the subscriber is changed from the unauthorized carrier pursuant to a valid change authorization under subsection (c), or (B) the expiration of the 6-month period beginning on the date of the unauthorized change in service. ``(e) Administration of Slamming Complaint System.-- ``(1) State option to administer.-- ``(A) In general.--If a State has made a certification under subparagraph (B) to the Commission (and has not thereafter terminated the effectiveness of such certification), the State commission for such State shall administer a slamming complaint system for subscribers of interstate telephone service in such State that meets the requirements pursuant to subsection (f). ``(B) Certification requirements.--A certification under this subparagraph for a State is a certification by the State commission for the State , submitted to the Commission in the form and manner prescribed by the Commission, that the State commission has established and will maintain a slamming complaint system for the State that meets the requirements pursuant to subsection (f). A certification shall be effective for purposes of this subsection upon submission to the Commission, notwithstanding any review or approval by the Commission. The Commission may prescribe the form and manner for States to terminate the effectiveness of such certifications. ``(2) Administration by commission.--The Commission shall, for each State not described in paragraph (1)(A), maintain and administer a slamming complaint system for subscribers of interstate telephone service in such State that meets the requirements pursuant to subsection (f). ``(f) Slamming Complaint System Requirements.--A slamming complaint system for a State meets the requirements pursuant to this subsection if the system-- ``(1) makes available a procedure for any subscriber of interstate telephone service in such State to register a complaint that the subscriber's selection of a provider of such service has been changed without the written authorization of the subscriber required under subsection (c), and maintains a record of such complaint; ``(2) with respect to each such complaint, provides for the determination (in such manner as the Commission shall provide) of whether a violation of the requirement under subsection (c) occurred and of liability under subsection (d); ``(3) maintains a record of each determination of a violation of the requirement under subsection (c) involving a subscriber of interstate telephone service in the State, including the telecommunications carrier to which interstate telephone service was illegally changed; ``(4) on a monthly basis-- ``(A) determines, for each telecommunications carrier providing interstate telephone service within the State, the number of such violations determined to have occurred involving the illegal change of service to such carrier; and ``(B) in the case only of a system administered by a State commission pursuant to subsection (e)(1), provides the information under subparagraph (A) to the Commission; and ``(5) complies with any regulations as the Commission may prescribe to carry out this subsection. ``(g) Notice to Subscribers of Availability of Slamming Complaint System.--The Commission shall require each telecommunications carrier providing interstate telephone service (or the billing agent for such carrier) to include, in each subscriber's phone bill for such service, a statement-- ``(1) informing the subscriber that a complaint regarding an unauthorized change in the subscriber's selection of a provider of such service may be registered under the applicable slamming complaint system for the State of the subscriber; ``(2) providing a phone number for contacting such slamming complaint system; and ``(3) providing the location of the carrier's principal office (including the street address, city, State or province (or other region), country, and zip or postal code). ``(h) Performance Limits.-- ``(1) Establishment by commission.--Not later than one year after the date of enactment of this subsection, the Commission shall conduct a study of the number and rates of incidence of changes in subscribers' selections of providers of interstate telephone service occurring without the authorization of the subscriber. Pursuant to the study, the Commission shall establish performance limits that are the maximum acceptable rates of unauthorized changes. The Commission may, from time to time, review and adjust the performance limits established under this paragraph. ``(2) Comparison of number of violations to performance limits.--After the establishment of the performance limits under paragraph (1), the Commission shall compare the information for each month for each telecommunications carrier providing interstate telephone service within each State that is submitted by State commissions (pursuant to subsection (f)(4)(B)) and collected by the Commission (pursuant to subsection (f)(4)(A) for States to which subsection (e)(2) applies) to the applicable performance limit established under paragraph (1). ``(i) Forfeiture Penalty for Exceeding Performance Limit.-- ``(1) In general.--If the Commission determines that, for any month, for any single telecommunications carrier, the number of violations of the requirements under subsection (c) determined to have occurred which involve changing the interstate telephone service of subscribers of interstate telephone service in a State to such carrier exceeds the applicable performance limit for such State established under subsection (h)(1), such carrier shall be considered to have willfully failed to comply with this Act and shall be liable to the United States for a forfeiture penalty under section 503(b)(1)(B). ``(2) Considerations in determining amount of penalty.--In taking into account the extent and gravity of a violation under paragraph (1) for purposes of determining the amount of the forfeiture penalty pursuant to section 503(b)(2)(D), the Commission shall consider-- ``(A) the number of violations of the requirements of subsection (c) determined to have occurred in excess of the number of violations necessary to exceed the applicable performance limit; and ``(B) the ratio of the number of violations determined to have occurred to the number of violations necessary to exceed the applicable performance limit. ``(j) Effect on Other Law.-- ``(1) Consumer protection laws.--Nothing in this section shall relieve any telecommunications carrier, local exchange carrier, or any other person from the obligation to comply with any Federal, State, or local statute or regulation relating to consumer protection or unfair trade. ``(2) State authority.--Nothing in this section shall preclude any State from enacting and enforcing additional and complementary oversight and regulatory systems or procedures, or both, so long as such systems and procedures do not significantly impede the enforcement of this section or other Federal statutes.''. SEC. 3. LIMITATION OF EXISTING SLAMMING LIABILITY PROVISION TO INTRASTATE SERVICE. Section 258(b) of the Communications Act of 1934 (47 U.S.C. 258(b)) is amended by striking ``described in subsection (a)'' and inserting ``prescribed pursuant to subsection (a) for changing a subscriber's selection of a provider of intrastate telephone service'' after ``subsection (a)''. SEC. 4. EFFECTIVE DATE AND REGULATIONS. (a) Effective Date.--The amendments made by this Act shall take effect upon the expiration of the 12-month period beginning on the date of the enactment of this Act. (b) Regulations.--The Commission shall prescribe such regulations as may be necessary to carry out the amendments made by this Act, which shall include prescribing a standard form for written change authorizations that meets the requirements of section 258(c) of the Communications Act of 1934 (as added by section 2 of this Act) for use for such purpose. Such final regulations shall be issued and shall take effect not later than the effective date under subsection (a).

Telephone Consumer Slamming Prevention Act of 1997 - Amends the Communications Act of 1934 to prohibit telecommunications carriers from submitting or executing a change in a subscriber's selection of an interstate telephone service provider unless the carrier to which the subscriber will be changed has obtained a written change authorization from the subscriber. Makes carriers that violate such requirement liable for fees imposed for changing service to or from the unauthorized carrier and long distance charges incurred by the subscriber during a specified period of unauthorized service. Sets forth conditions under which States may administer a slamming complaint system for subscribers of interstate telephone service. Requires the Federal Communications Commission (FCC) to administer such systems for States that fail to do so. Requires such systems to: (1) make available procedures for registering and maintaining records of complaints by subscribers of unauthorized changes of service; (2) make determinations and maintain records of violations and liability; (3) determine, on a monthly basis, the number of violations involving illegal changes of service for each carrier and provide such information to the FCC; and (4) comply with FCC regulations. Directs carriers providing interstate telephone service to include information on the slamming complaint system in phone bills. Requires the FCC to establish performance limits that are the maximum acceptable rates of unauthorized service changes. Makes carriers that exceed such limits liable for forfeiture penalties. Applies existing slamming liability provisions only to intrastate service changes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Secrecy Act of 1997''. SEC. 2. PURPOSE. It is the purpose of this Act to promote the effective protection of classified information and the disclosure of information where there is not a well-founded basis for protection or where the costs of maintaining a secret outweigh the benefits. SEC. 3. FINDINGS. The Congress makes the following findings: (1) The system for classifying and declassifying national security information has been based in regulation, not in statute, and has been governed by six successive Executive orders since 1951. (2) The Commission on Protecting and Reducing Government Secrecy, established under Public Law 103-236, issued its report on March 4, 1997 (S. Doc. 105-2), in which it recommended reducing the volume of information classified and strengthening the protection of classified information. (3) The absence of a statutory framework has resulted in unstable and inconsistent classification and declassification policies, excessive costs, and inadequate implementation. (4) The implementation of Executive orders will be even more costly as more documents are prepared and used on electronic systems. (5) United States taxpayers incur substantial costs as several million documents are classified each year. According to figures submitted to the Information Security Oversight Office and the Congress, the executive branch and private industry together spent more than $5.2 billion in 1996 to protect classified information. (6) A statutory foundation for the classification and declassification of information is likely to result in a more stable and cost-effective set of policies and a more consistent application of rules and procedures. (7) Enactment of a statute would create an opportunity for greater oversight by the Congress of executive branch classification and declassification activities, without impairing the responsibility of executive branch officials for the day-to-day administration of the system. SEC. 4. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION. (a) Classification For National Security Reasons.--The President may, in accordance with this Act, protect from unauthorized disclosure information in the possession and control of the executive branch when there is a demonstrable need to do so in order to protect the national security of the United States. The President shall ensure that the amount of information classified is the minimum necessary to protect the national security. (b) Procedures for Classification and Declassification.-- (1) In general.--The President shall, to the extent necessary, establish categories of information that may be classified and procedures for classifying information under subsection (a). The President shall, concurrently with the establishment of such categories and procedures, establish, and allocate resources for the implementation of, procedures for declassifying information previously classified. (2) Publication of categories and procedures.-- (A) The President shall publish notice in the Federal Register of any categories and procedures proposed to be established under paragraph (1) with respect to both the classification and declassification of information, and shall provide an opportunity for interested agencies and other interested persons to submit comments thereon. The President shall take into account such comments before establishing the categories and procedures, which shall also be published in the Federal Register. (B) The procedures set forth in subparagraph (A) shall apply to any modifications in categories or procedures established under paragraph (1). (3) Agency standards and procedures.--The head of each agency shall establish standards and procedures for classifying and declassifying information created by that agency on the basis of the categories and procedures established by the President under paragraph (1). Each agency head, in establishing and modifying standards and procedures under this paragraph, shall follow the procedures required of the President in paragraph (2) for establishing and modifying categories and procedures under that paragraph. (c) Considerations in Determining Classification and Declassification.-- (1) In general.--In determining whether information should be classified or declassified, the agency official making the determination shall weigh the benefit from public disclosure of the information against the need for initial or continued protection of the information under the classification system. If there is significant doubt as to whether information requires such protection, it shall not be classified. (2) Written justification.-- (A) Original classification.--The agency official who makes the decision to classify information shall identify himself or herself and shall provide in writing a detailed justification for that decision. (B) Derivative classification.--In any case in which an agency official classifies a document on the basis of information previously classified that is included or referenced in the document, that agency official shall identify himself or herself in that document. (d) Standards for Declassification.-- (1) Initial classification period.--Information may not remain classified under this Act for longer than a 10-year period unless the head of the agency that created the information certifies to the President at the end of such period that the information requires continued protection, based on a current assessment of the risks of disclosing the information, carried out in accordance with subsection (c)(1). (2) Additional classification period.--Information not declassified prior to or at the end of the 10-year period referred to in paragraph (1) may not remain classified for more than a 30-year period unless the head of the agency that created the information certifies to the President at the end of such 30-year period that continued protection of the information from unauthorized disclosure is essential to the national security of the United States or that demonstrable harm to an individual will result from release of the information. (3) Declassification schedules.--All classified information shall be subject to regular review pursuant to schedules each agency head shall establish and publish in the Federal Register. Each agency shall follow the schedule established by the agency head in declassifying information created by that agency. (4) Assessment of existing classified information.--Each agency official responsible for information which, before the effective date of this Act-- (A) was determined to be kept protected from unauthorized disclosure in the interest of national security, and (B) had been kept so protected for longer than the 10-year period referred to in paragraph (1), shall, to the extent feasible, give priority to making decisions with respect to declassifying that information as soon as is practicable. (e) Reports to Congress.--Not later than December 31 of each year, the head of each agency that is responsible for the classification and declassification of information shall submit to the Congress a report that describes the application of the classification and declassification standards and procedures of that agency during the preceding fiscal year. (f) Amendment to Freedom of Information Act.--Section 552(b)(1) of title 5, United States Code, is amended to read as follows: ``(1)(A) specifically authorized to be classified under the Government Secrecy Act of 1997, or specifically authorized, before the effective date of that Act, under criteria established by an Executive order to be kept secret in the interest of national security (as defined by section 7(6) of the Government Secrecy Act of 1997), and (B) are in fact properly classified pursuant to that Act or Executive order;''. SEC. 5. NATIONAL DECLASSIFICATION CENTER. (a) Establishment.--The President shall establish, within an existing agency, a National Declassification Center, the functions of which shall be-- (1) to coordinate and oversee the declassification policies and practices of the Federal Government; and (2) to provide technical assistance to agencies in implementing such policies and practices, in accordance with this section. (b) Functions.-- (1) Declassification of information.--The Center shall, at the request of any agency and on a reimbursable basis, declassify information within the possession of that agency pursuant to the guidance of that agency on the basis of the declassification standards and procedures established by that agency under section 4, or if another agency created the information, pursuant to the guidance of that other agency on the basis of the declassification standards and procedures established by that agency under section 4. In carrying out this paragraph, the Center may use the services of officers or employees or the resources of another agency, with the consent of the head of that agency. (2) Coordination of policies.--The Center shall coordinate implementation by agencies of the declassification policies and procedures established by the President under section 4 and shall ensure that declassification of information occurs in an efficient, cost-effective, and consistent manner among all agencies that create or otherwise are in possession of classified information. (3) Disputes.--If disputes arise among agencies regarding whether information should or should not be classified, or between the Center and any agency regarding the Center's functions under this section, the heads of the agencies concerned or of the Center may refer the matter to the President for resolution of the dispute. (c) National Declassification Advisory Committee.-- (1) In general.--There is established a 12-member National Declassification Advisory Committee. 4 members of the Advisory Committee shall be appointed by the President and 2 members each shall be appointed by the majority and minority leaders of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives. (2) Membership.--The members of the Advisory Committee shall be appointed from among distinguished historians, political scientists, archivists, other social scientists, and other members of the public who have a demonstrable expertise in declassification and the management of Government records. No officer or employee of the United States Government shall be appointed to the Advisory Committee. (3) Duties.--The Advisory Committee shall provide advice to the Center and make recommendations concerning declassification priorities and activities. (d) Annual Reports.--The Center shall submit to the President and the Congress, not later than December 31 of each year, a report on its activities during the preceding fiscal year, and on the implementation of agency declassification practices and its efforts to coordinate those practices. SEC. 6. INFORMATION TO THE CONGRESS. Nothing in this Act shall be construed to authorize the withholding of information from the Congress. SEC. 7. DEFINITIONS. As used in this Act-- (1) the term ``Advisory Committee'' means the National Declassification Advisory Committee established under section 5(c); (2) the term ``agency'' means any executive agency as defined in section 105 of title 5, United States Code, any military department as defined in section 102 of such title, and any other entity in the executive branch of the Government that comes into the possession of classified information; (3) the term ``Center'' means the National Declassification Center established under section 5(a); (4) the terms ``classify'', ``classified'', and ``classification'' refer to the process by which information is determined to require protection from unauthorized disclosure pursuant to this Act in order to protect the national security of the United States; (5) the terms ``declassify'', ``declassified'', and ``declassification'' refer to the process by which information that has been classified is determined to no longer require protection from unauthorized disclosure pursuant to this Act; and (6) the term ``national security of the United States'' means the national defense or foreign relations of the United States. SEC. 8. EFFECTIVE DATE. This Act shall take effect 180 days after the date of the enactment of this Act.

Government Secrecy Act of 1997 - States that it is the purpose of this Act to promote the effective protection of classified information and the disclosure of information where there is not a well-founded basis for protection or where the costs of maintaining a secret outweigh the benefits. (Sec. 4) Authorizes the President, in accordance with this Act, to protect from unauthorized disclosure, information in the possession and control of the executive branch, when there is a demonstrable need to do so in order to protect the national security of the United States. Directs the President to ensure that the amount of information classified is the minimum necessary to protect the national security. Sets forth requirements for the establishment of standards and procedures for classifying and declassifying information. Requires each head of an agency that is responsible for the classification and declassification of information to submit to the Congress each year a report that describes the application of the classification and declassification standards and procedures of that agency during the preceding fiscal year. (Sec. 5) Directs the President to establish within an existing agency a National Declassification Center to: (1) coordinate and oversee the declassification policies and practices of the Federal Government; and (2) provide technical assistance to agencies in implementing such policies and practices, in accordance with this Act. Establishes the National Declassification Advisory Committee to provide advice to the Center and make recommendations concerning declassification priorities and activities. Mandates annual reports by the Center to the President and the Congress on its activities during the preceding fiscal year, and on the implementation of agency declassification practices and its efforts to coordinate those practices.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Mississippi Valley National Historical Park Act of 1999''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Mississippi Valley National Historical Park, Blytheville, Arkansas. Sec. 4. Transfer of jurisdiction, Eaker Air Force Base, for historical park. Sec. 5. Acquisition of Chickasawba Mound for inclusion in historical park. Sec. 6. Administration of historical park. SEC. 2. FINDINGS. Congress finds the following: (1) The central and lower Mississippi Valley region contained the highest population levels and the most complex Native American societies north of Mexico before the arrival of European peoples in the 16th century. (2) In addition, the Mississippi Valley has also hosted Spanish, French, English, and ultimately American societies at different times in the last 450 years. (3) Blytheville, Arkansas, is centrally located in the Mississippi Valley region. (4) Former Eaker Air Force Base, which is located outside of Blytheville, Arkansas, in the central Mississippi Valley region, is the site of 14 archaeological sites associated with Native Americans. (5) Because of its value in illustrating and interpreting the heritage of the United States, the largest of these archaeological sites, was recognized by the National Park Service as a National Historic Landmark in 1996. (6) Another archaeological site outside of Blytheville, Arkansas, the Chickasawba Mound, was placed on the National Register of Historic Places in 1984 because of its historic and archaeological resources. (7) These previous actions by the Department of the Interior recognize that these archaeological sites are likely to benefit, educate, and inspire present and future generations of Americans, but no unified heritage park for the central Mississippi Valley region exists within the National Park Service. (8) Blytheville, Arkansas, also possesses many other regionally and nationally significant natural, seismic, cultural, and recreational resources associated with the heritage of the central Mississippi Valley region. (9) The sites and resources associated with the heritage of the central Mississippi Valley region require recognition through the establishment of a national historical park for the central Mississippi Valley region as a unit of the National Park System. (10) As a result of the closing of Eaker Air Force Base in Blytheville, Arkansas, pursuant to the Defense Base Closure and Realignment Act of 1990, Federal land and facilities are readily available for the establishment of a national historical park for the central Mississippi Valley region to protect the archaeological sites located on the former military installation, as well as to preserve, maintain, and interpret the natural, seismic, cultural, and recreational heritage of the central Mississippi Valley region for the benefit, education, and inspiration of present and future generations of Americans. SEC. 3. MISSISSIPPI VALLEY NATIONAL HISTORICAL PARK, BLYTHEVILLE, ARKANSAS. (a) Establishment.--In order to preserve for the benefit and inspiration of the people of the United States as a national historical park certain properties in Blytheville, Arkansas, and its vicinity associated with the archaeological, natural, seismic, cultural, and recreational heritage of the Mississippi Valley region, there is established as a unit of the National Park System the Mississippi Valley National Historical Park in the State of Arkansas. (b) Boundaries.--The historical park shall consist of approximately 570 acres, including the real property transferred to the National Park Service at former Eaker Air Force Base under section 4 and the parcel of real property containing the archaeological site known as the Chickasawba Mound and authorized for acquisition under section 5. The boundaries of the historical park shall also include all property authorized to be acquired for inclusion in the park by any law enacted after the date of the enactment of this Act. SEC. 4. TRANSFER OF JURISDICTION, EAKER AIR FORCE BASE, FOR HISTORICAL PARK. (a) Transfer of Archaeological Sites.--The Secretary of Defense shall transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Interior the parcels of real property (including improvements thereon) located at former Eaker Air Force Base, Blytheville, Arkansas, consisting of the archaeological sites depicted on the map entitled ``Arkansas Aeroplex Archaeological Sites''. (b) Visitor and Administrative Sites.-- (1) Transfer required.--To preserve the historical character and landscape of the main features of the historical park, the Secretary of Defense also shall transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Interior an additional parcel of real property at former Eaker Air Force Base for the development of visitor, administrative, museum, curatorial, and maintenance facilities for the historical park. (2) Acreage limitation.--The parcel transferred under this subsection may not exceed 15 acres. (3) Selection.--The parcel to be transferred under this subsection shall be jointly selected by the Secretary of Defense and the Secretary of the Interior. (c) Use of Land.--The Secretary of the Interior shall use the real property transferred under this section as part of the historical park. (d) Legal Description.--The exact acreage and legal description of the real property to be transferred under this section shall be determined by a survey satisfactory to the Secretary of Defense. The cost of the survey shall be borne by the Secretary of the Interior. SEC. 5. ACQUISITION OF CHICKASAWBA MOUND FOR INCLUSION IN HISTORICAL PARK. The Secretary of the Interior may acquire for inclusion in the historical park, by donation or exchange, the archaeological site known as the Chickasawba Mound, which was placed on the National Register of Historic Places in 1984. SEC. 6. ADMINISTRATION OF HISTORICAL PARK. (a) Applicable Laws.--The Secretary of the Interior shall administer the historical park in accordance with this Act and the laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (commonly known as the National Park Service Organic Act; 16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (commonly known as the Historic Sites, Buildings, and Antiquities Act; 16 U.S.C. 461 et seq.). (b) Cooperative Agreements.-- (1) Authorized.--The Secretary of the Interior may consult and enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the historical park. (2) Conditions.--Any payment made by the Secretary pursuant to such a cooperative agreement shall be subject to an agreement that conversion, use, or disposal of the project assisted under the cooperative agreement for purposes contrary to the purposes of the historical park, as determined by the Secretary, shall result in a right of the United States to reimbursement of all funds made available to such project or the proportion of the increased value of the project attributable to such finds as determined at the time of such conversion, use, or disposal, whichever is greater. (c) Acquisition of Real Property.--Subject to sections 4 and 5, the Secretary of the Interior may acquire, within the boundaries of the historical park, real property with appropriated or donated funds, by donation, or by exchange for inclusion in the historical park.

Directs the Secretary of Defense to transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Interior certain archaeological sites (including improvements) located at the former base, including an additional parcel of real property for the development of visitor, administrative, museum, curatorial, and maintenance facilities. Authorizes the Secretary of the Interior to: (1) acquire for inclusion in the historical park, by donation or exchange, the archaeological site known as the Chickasawba Mound, which was placed on the National Register of Historic Places in 1984; and (2) enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the park.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Intelligent Vehicle Highway Safety Act of 2004''. SEC. 2. DEDUCTION FOR INTELLIGENT VEHICLE TECHNOLOGY SYSTEMS. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by adding at the end the following new section: ``SEC. 199. INTELLIGENT VEHICLE SYSTEMS PROPERTY. ``(a) Deduction Allowed.--There shall be allowed as a deduction for the taxable year an amount equal to the amount paid or incurred by the taxpayer for qualified intelligent vehicle systems property. The deduction under the preceding sentence with respect to any property shall be allowed for the taxable year in which such property is placed in service. ``(b) Limitation.-- ``(1) In general.--The amount allowed as a deduction under subsection (a) with respect to any motor vehicle shall not exceed $1,000. ``(2) Phaseout.--In the case of any qualified intelligent vehicle systems property placed in service after December 31, 2007, the limit otherwise applicable under paragraph (1) shall be reduced by-- ``(A) 25 percent in the case of property placed in service in calendar year 2008, ``(B) 50 percent in the case of property placed in service in calendar year 2009, and ``(C) 75 percent in the case of property placed in service in calendar year 2010. ``(c) Qualified Intelligent Vehicle Systems Property.--For purposes of this section-- ``(1) In general.--The term `qualified intelligent vehicle systems property' means any device described in paragraph (2) if such device-- ``(A) is an integrated, in-vehicle electronic device installed in a motor vehicle at the point of manufacture by the original equipment manufacturer, or as an aftermarket installation, and ``(B) enhances the safety or security of the driver, passenger, or load. ``(2) Devices described.--A device described in this paragraph is a device which-- ``(A) is a device that warns or informs a driver of driving conditions or location, such as collision warning systems, automated collision notification systems, vehicle rollover warning systems, lane departure warning systems, and fatigue management systems, ``(B) is a positional communications and tracking device, ``(C) assists in verification of driver identity, such as biometric identifiers and electronic ignition locks, ``(D) is an electronic seal, ``(E) is a roll stability control system, or ``(F) actively monitors and adjusts driver workload. ``(3) Motor vehicle.--The term `motor vehicle' means any vehicle which is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails) and which has at least 4 wheels. ``(d) Special Rules.-- ``(1) Property used outside united states, etc., not qualified.--No deduction shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 179. ``(2) Basis reduction.-- ``(A) In general.--For purposes of this title, the basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a). ``(B) Ordinary income recapture.--For purposes of section 1245, the amount of the deduction allowable under subsection (a) with respect to any property which is of a character subject to the allowance for depreciation shall be treated as a deduction allowed for depreciation under section 167. ``(e) Supporting Documentation.--No deduction shall be allowed under subsection (a) unless the taxpayer receives, at the time of purchase of the qualified intelligent vehicle systems property, such documentation as the Secretary may require. Such documentation shall identify the type of each intelligent vehicle systems property installed on the motor vehicle, retail cost of each such system, the purchase date of the motor vehicle containing such systems (or the installation date of such systems in the case of installation after the date of the first retail sale (as defined in section 4052(a)). ``(f) Termination.--This section shall not apply to any property placed in service after December 31, 2010.''. (b) Deduction Allowed Whether or not Individual Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (19) the following new paragraph: ``(20) Intelligent vehicle systems property.--The deduction allowed by section 199.''. (c) Conforming Amendments.-- (1) Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``; and'', and by adding at the end the following new paragraph: ``(29) to the extent provided in section 199(d)(2).''. (2) Subparagraph (C) of section 1245(a)(2) of such Code is amended by striking ``or 193'' and inserting ``193, or 199''. (d) Clerical Amendment.--The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 199. Intelligent vehicle systems property.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004. SEC. 3. INTELLIGENT VEHICLE SYSTEMS PROPERTY EXCEPTION TO TAX ON HEAVY TRUCKS AND TRAILERS SOLD AT RETAIL. (a) In General.--Section 4051 of the Internal Revenue Code of 1986 (relating to imposition of tax on heavy trucks and trailers sold at retail) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Exclusion for Intelligent Vehicle Systems Property.-- ``(1) In general.--The tax imposed by subsections (a) and (b) shall not apply to any article which is qualified intelligent vehicle systems property. ``(2) Limitation.--The amount excluded by paragraph (1) shall not exceed $5,000 with respect to any article which is a chassis, body, trailer, or tractor described in a subparagraph of paragraph (1). ``(3) Qualified intelligent vehicle systems property.--The term `qualified intelligent vehicle system property' shall have the meaning given such term by section 199(c).''. (b) Effective Date.--The amendments made by this section shall apply to articles sold after December 31, 2004.

Intelligent Vehicle Highway Safety Act of 2004 - Amends the Internal Revenue Code to allow a deduction from gross income for the cost, up to $1,000, of qualified intelligent vehicle systems property. Defines "qualified intelligent systems property" as any device installed by a motor vehicle manufacturer to enhance the safety or security of a driver, passenger, or load by, among other things, warning or informing a driver of dangerous driving conditions or by actively monitoring and adjusting driver workload. Terminates the deduction after 2010. Exempts intelligent vehicle systems properties from the first $5,000 of the excise tax on heavy trucks and trailers sold at retail.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Voice Campaign Finance Reform Act of 1997''. SEC. 2. PROMOTING DISCLOSURE OF CAMPAIGN SPENDING. (a) Requiring Intermediaries and Conduits To Report on Bundled Contributions.--Section 315(a)(8) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(8)) is amended-- (1) by striking ``(8)'' and inserting ``(8)(A)''; and (2) by adding at the end the following new subparagraph: ``(B) Any person acting as an intermediary or conduit for the collection or delivery of contributions on behalf of a candidate shall file reports with the Commission (at the same time and in the same manner as a political committee which is not an authorized committee of a candidate is required to file reports under section 304(a)(4)) on the contributions collected or delivered and on related activities conducted on the candidate's behalf.''. (b) Treatment of Certain Communications as Independent Expenditures for Reporting Purposes.--Section 301(17) of such Act (2 U.S.C. 431(17)) is amended by striking ``identified candidate'' and inserting the following: ``identified candidate, or any payment for any communication made during the 90-day period ending on the date of an election which includes the name or likeness of a candidate,''. (c) Mandatory Electronic Filing for Persons Meeting Certain Threshold.--Section 304(a)(11)(A) of such Act (2 U.S.C. 434(a)(11)(A)) is amended by striking the period at the end and inserting the following: ``, except that in the case of any person reporting an amount of contributions, expenditures, or disbursements in an amount exceeding a threshold established by the Commission, the person shall file all reports required under this Act by such electronic means, format, or method.''. SEC. 3. ENHANCING ENFORCEMENT ABILITIES OF FEDERAL ELECTION COMMISSION. (a) Permitting FEC To Impose Filing Fee for Reports.--Section 307 of the Federal Election Campaign Act of 1971 (2 U.S.C. 437d) is amended by adding at the end the following new subsection: ``(f)(1) The Commission shall require each political committee filing a report under this title to include with the report a payment (in an amount established by the Commission) if the amount of contributions, expenditures, or disbursements covered by the report exceeds a threshold established by the Commission. ``(2) In establishing the amount of payment required to be included with a report under paragraph (1), the Commission shall take into account the costs to the Commission which are associated with the submission of reports under this title. ``(3) The Commission may waive the application of paragraph (1) with respect to a political committee if the Commission determines that the payment required would result in a financial hardship to the committee. ``(4) The Commission may charge a nominal fee for the distribution of documents to the public. ``(5) The amount appropriated to the Commission for a fiscal year pursuant to the authorization under section 314 may not be adjusted to take into account any amounts anticipated to be received by the Commission during the year pursuant to this subsection.''. (b) Revised Standard for Referral of Certain Violations to Attorney General.--Section 309(a)(5)(C) of such Act (2 U.S.C. 437g(a)(5)(C)) is amended by striking ``by an affirmative vote of 4 of its members, determined that there is probable cause to believe'' and inserting ``believes''. (c) Permitting Random Audits.--Section 311(b) of such Act (2 U.S.C. 438(b)) is amended-- (1) by striking ``(b)'' and inserting ``(b)(1)''; and (2) by adding at the end the following new paragraph: ``(2) Notwithstanding paragraph (1), the Commission shall conduct random audits of the reports of political committees during the 1-year period which begins on the date of a general election, in accordance with such criteria as the Commission may establish.''. SEC. 4. REDUCED BROADCAST RATES FOR CANDIDATES. (a) In General.--Section 315(b)(1) of the Communications Act of 1934 (47 U.S.C. 315(b)(1)) is amended by striking ``the lowest unit charge'' and inserting ``the applicable percentage of the lowest unit charge''. (b) Applicable Percentage Defined.--Section 315(c) of such Act (47 U.S.C. 315(c)) is amended-- (1) by striking ``and'' at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(3) the term `applicable percentage' means-- ``(A) 70 percent, in the case of a small broadcast station (as determined by the Commission in accordance with ratings, market area analysis, and such other criteria as the Commission may establish), or ``(B) 50 percent, in the case of any other candidate and any other broadcast station.''. SEC. 5. RESTRICTIONS ON USE OF NON-FEDERAL FUNDS. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``restrictions on use of non-federal funds ``Sec. 323. (a) In General.--Except as provided in subsection (b), no funds which are not subject to the limitations and prohibitions of this Act may be expended or disbursed by any person for any activity which significantly affects an election for Federal office or which promotes or identifies (in whole or in part) any candidate for election for Federal office, including any get-out-the-vote drive which identifies or targets supporters of a candidate for election for Federal office, or any voter registration drive or development or maintenance of voter files which occurs during an even-numbered year. ``(b) Exceptions.--Subsection (a) shall not apply with respect to any of the following activities: ``(1) The construction, maintenance, or operation of buildings or broadcast facilities for political parties. ``(2) State or local political party conventions. ``(3) State or local political party administration. ``(4) Generic campaign activity to promote a political party. ``(5) Any activity which would be described in clause (i), (iii), or (v) of section 301(9)(B) if payment for the activity were an expenditure under such section.''. SEC. 6. APPOINTMENT AND SERVICE OF MEMBERS OF FEDERAL ELECTION COMMISSION. (a) Appointment of Additional, Independent Commissioner.-- (1) In general.--Section 306(a)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437c(a)(1)) is amended-- (A) by striking ``(a)(1)'' and inserting ``(a)(1)(A)''; (B) in the first sentence, by striking ``6 members appointed by the President,'' and inserting the following: ``7 members appointed by the President, of whom one shall be a political independent nominated for appointment by the other members serving on the Commission,''; and (C) by adding at the end the following new subparagraph: ``(B) In subparagraph (A), the term `political independent' means an individual who at no time after January 1992-- ``(i) has held elective office as a member of the Democratic or Republican party; ``(ii) has received any wages or salary from the Democratic or Republican party or from a Democratic or Republican party office-holder or candidate; or ``(iii) has provided substantial volunteer services or made any substantial contribution to the Democratic or Republican party or to a Democratic or Republican party office-holder or candidate.''. (2) Deadline for initial appointment.--The members of the Federal Election Commission shall provide the President with a nominee for appointment to the Commission under section 306(a)(1)(A) of the Federal Election Campaign Act of 1971 (as amended by paragraph (1)) not later than 90 days after the date of the enactment of this Act. (b) Limiting Commissioners to Single Term.--Section 306(a)(2)(A) of such Act (2 U.S.C. 437c(a)(2)(A)) is amended by striking ``terms'' and inserting ``a single term''. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to elections occurring after January 1999.

Public Voice Campaign Finance Reform Act of 1997 - Amends the Federal Election Campaign Act of 1971 (FECA) to provide for: (1) intermediaries and conduits to report on bundled contributions in the same time and manner as a political committee which is not an authorized committee of the candidate; (2) certain communications to be treated as independent expenditures; and (3) mandatory electronic filing for persons reporting contributions, expenditures, or disbursements in an amount exceeding a threshold established by the Federal Election Commission. (Sec. 3) Directs the Commission to require each political committee filing a report to include with the report a filing fee when the amount of contributions, expenditures, or disbursements covered by the report exceeds a threshold established by the Commission. Revises the standard for referral of certain violations to the Attorney General. Requires the Commission to conduct random audits of the reports of political committees. (Sec. 4) Amends the Communications Act of 1934 to provide for reduced broadcast media rates for candidates. (Sec. 5) Amends FECA to set forth restrictions on the use of non-Federal funds. (Sec. 6) Revises requirements for the composition of the Commission and terms of Commissioners and replaces them with new requirements, including one that Commissioners serve no more than a single term.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Exports, Jobs, and Growth Act of 1996''. TITLE I--OVERSEAS PRIVATE INVESTMENT CORPORATION SEC. 101. INCOME LEVELS. Section 231 of the Foreign Assistance Act of 1961 (22 U.S.C. 2191) is amended in paragraph (2) of the second undesignated paragraph-- (1) by striking ``$984 or less in 1986 United States dollars'' and inserting ``$1,280 or less in 1994 United States dollars''; and (2) by striking ``$4,269 or more in 1986 United States dollars'' and inserting ``$5,556 or more in 1994 United States dollars''. SEC. 102. CEILING ON INVESTMENT INSURANCE. Section 235(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(1)) is amended by striking ``$13,500,000,000'' and inserting ``$25,000,000,000''. SEC. 103. CEILING ON FINANCING. Section 235(a)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(2)(A)) is amended by striking ``$9,500,000,000'' and inserting ``$20,000,000,000''. SEC. 104. ISSUING AUTHORITY. Section 235(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(3)) is amended by striking ``1996'' and inserting ``2001''. SEC. 105. POLICY GUIDANCE. Section 231 of the Foreign Assistance Act of 1961 (22 U.S.C. 2191) is amended in the first paragraph-- (1) by striking ``To mobilize'' and inserting ``To increase United States exports to, and to mobilize''; (2) by striking ``of less developed'' and inserting ``of, less developed''; and (3) by inserting ``trade policy and'' after ``complementing the''. SEC. 106. BOARD OF DIRECTORS. Section 233(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2193(b)) is amended-- (1) by striking the second and third sentences; (2) in the fourth sentence by striking ``(other than the President of the Corporation, appointed pursuant to subsection (c) who shall serve as a Director, ex-officio)''; (3) in the second undesignated paragraph-- (A) by inserting ``the President of the Corporation, the Administrator of the Agency for International Development, the United States Trade Representative, and'' after ``including''; and (B) by adding at the end the following: ``The United States Trade Representative may designate a Deputy United States Trade Representative to serve on the Board in place of the United States Trade Representative.''; and (4) by inserting after the second undesignated paragraph the following: ``There shall be Chairman and a Vice Chairman of the Board, both of whom shall be designated by the President of the United States from among the Directors of the Board other than those appointed under the second sentence of the first paragraph of this subsection.''. TITLE II--TRADE AND DEVELOPMENT AGENCY SEC. 201. TRADE AND DEVELOPMENT AGENCY AUTHORIZATION. Section 661(f)(1)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2191(f)(1)(A)) is amended to read as follows: ``(1) Authorization.--(A) There are authorized to be appropriated for purposes of this section, in addition to funds otherwise available for such purposes, $40,000,000 for fiscal 1997, and such sums as are necessary for fiscal year 1998.''. TITLE III--EXPORT PROMOTION PROGRAMS WITHIN THE INTERNATIONAL TRADE ADMINISTRATION SEC. 301. EXPORT PROMOTION AUTHORIZATION. Section 202 of the Export Administration Amendments Act of 1985 (15 U.S.C. 4052) is amended to read as follows: ``SEC. 202. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Department of Commerce to carry out export promotion programs $240,000,000 for fiscal year 1997 and such sums as are necessary for fiscal year 1998.''. TITLE IV--TRADE PROMOTION COORDINATING COMMITTEE SEC. 401. STRATEGIC EXPORT PLAN. Section 2312(c) of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended-- (1) by striking ``and'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting a semicolon; and (3) by adding at the end the following: ``(6) identify means for providing more coordinated and comprehensive export promotion services to, and in behalf of, small- and medium-sized businesses; and ``(7) establish a set of priorities to promote United States exports to, and free market reforms in, the Middle East that are designed to stimulate job growth both in the United States and the region.''. SEC. 402. IMPLEMENTATION OF PRIMARY OBJECTIVES. The Trade Promotion Coordinating Committee shall-- (1) identify the areas of overlap and duplication among Federal export promotion activities and report on the actions taken or efforts currently underway to eliminate such overlap and duplication; (2) report on actions taken or efforts currently underway to promote better coordination between State, Federal, and private sector export promotion activities, including co- location, cost-sharing between Federal, State, and private sector export promotion programs, and sharing of market research data; and (3) by not later than September 30, 1997, include the matters addressed in paragraphs (1) and (2) in the annual report required to be submitted under section 2312(f) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(f)). SEC. 403. PRIVATE SECTOR DEVELOPMENT IN THE UKRAINE. The Trade Promotion Coordinating Committee shall include in the annual report submitted in 1997 under section 2312(f) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(f)) a description of the activities of the departments and agencies of the Trade Promotion Coordinating Committee to foster United States trade and investment which facilitates private sector development in the Ukraine.

TABLE OF CONTENTS: Title I: Overseas Private Investment Corporation Title II: Trade and Development Agency Title III: Export Promotion Programs within the International Trade Administration Title IV: Trade Promotion Coordinating Committee Exports, Jobs, and Growth Act of 1996 - Title I: Overseas Private Investment Corporation - Amends the Foreign Assistance Act of 1961 to increase the maximum per capita income levels of less developed countries eligible for Overseas Private Investment Corporation (OPIC) economic investment projects. Increases the ceilings on the maximum contingent liabilities outstanding at any one time for investment insurance and for the financing of investment guarantees issued by OPIC as well as of direct U.S. investment. Extends OPIC's authority to issue such insurance and guarantees through FY 2001. Revises the congressional purpose of OPIC to include increasing U.S. exports to less developed countries and countries in transition from nonmarket to market economies. Revises the composition of the OPIC Board of Directors. Title II: Trade and Development Agency - Authorizes appropriations for the Trade and Development Agency for FY 1997 and 1998. Title III: Export Promotion Programs Within the International Trade Administration - Amends the Export Administration Amendments Act of 1985 to authorize appropriations for the Department of Commerce export promotion programs for FY 1997 and 1998. Title IV: Trade Promotion Coordinating Committee - Amends the Export Enhancement Act of 1988 to require the Trade Promotion Coordinating Committee (TPCC) to develop a Federal trade promotion plan that, among other things, shall: (1) identify the means for providing more coordinated export promotion services to small and medium-sized businesses; and (2) establish a set of priorities to promote U.S. exports to, and free market reforms in, the Middle East that are designed to stimulate job growth both in the United States and the region. Requires the TPCC to: (1) identify areas of overlap and duplication among Federal export promotion activities and report on actions to eliminate such overlap and duplication; and (2) report to the Congress on actions taken to promote better coordination among State, Federal, and private sector export promotion activities. Requires the TPCC, in a specified annual report to the Congress, to describe the activities of TPCC departments and agencies to foster U.S. trade and investment which will facilitate private sector development in the Ukraine.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mother's Day Centennial Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress hereby finds as follows: (1) Anna Jarvis, who is considered to be the founder of the modern Mother's Day, was born in Webster, West Virginia, on May 1, 1864. (2) A resident of Grafton, West Virginia, Anna Jarvis dedicated much of her adult life to honoring her mother, Anna Maria Reeves Jarvis, who passed on May 9, 1905. (3) In 1908, the Andrews Methodist Episcopal Church of Grafton, West Virginia, officially proclaimed the third anniversary of Anna Maria Reeves Jarvis's death to be Mother's Day. (4) In 1910, West Virginia Governor, William Glasscock, issued the first Mother's Day Proclamation encouraging all West Virginians to attend church and wear white carnations. (5) On May 8, 1914, the Sixty-Third Congress approved H.J. Res. 263, designating the second Sunday in May to be observed as Mother's Day, and encouraging all Americans to display the American flag at their homes as a public expression of the love and reverence for the mothers of our Nation. (6) On May 9, 1914, President Woodrow Wilson issued a Presidential Proclamation directing government officials to display the American flag on all government buildings and inviting the American people to display the flag at their homes on the second Sunday of May as a public expression of the love and reverence for the mothers of our Nation. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereinafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 400,000 $1 coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (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 section 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) Design Requirements.--The design of the coins minted under this Act shall be emblematic of the 100th anniversary of President Wilson's proclamation designating the second Sunday in May as Mother's Day. (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 ``2014''; 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 Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee established under section 5135 of title 31, United States Code. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning on January 1, 2014, except that the Secretary may initiate sales of such coins before such date. (c) Termination of Minting Authority.--No coins shall be minted under this Act after December 31, 2014. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins minted under this Act shall be sold by the Secretary at a price equal to the sum of the face value of the coins, the surcharge required under section 7(a) for the coins, and the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins minted under this Act at a reasonable discount. (c) Prepaid Orders at a Discount.-- (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) Surcharge Required.--All sales of coins minted under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins minted under this Act shall be promptly paid by the Secretary as follows: (1) One-half to the St. Jude Children's Research Hospital, for the purpose of furthering research funded by Hospital. (2) One-half to the National Osteoporosis Foundation, for the purpose of furthering research funded by the Foundation. (c) Audits.--The St. Jude Children's Research Hospital and the National Osteoporosis Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the respective organizations under subsection (b).

Mother's Day Centennial Commemorative Coin Act - Instructs the Secretary of the Treasury to mint and issue not more than 400,000 $1 coins emblematic of the 100th anniversary of President Wilson's proclamation designating the second Sunday in May as Mother's Day. Authorizes the Secretary to issue such coins beginning on January 1, 2014, except that the Secretary may initiate sales of such coins, without issuance, before such date. Terminates such minting authority after December 31, 2014. Requires coin sales to include a $10 surcharge per coin, with distribution of one-half of such surcharges to the St. Jude Children's Research Hospital and one-half to the National Osteoporosis Foundation for the purpose of furthering research.

SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE. (a) Short Title.--This Act may be cited as the ``U.S. Participation in Cuban Energy Exploration Act of 2007''. (b) Findings.--The Congress finds: (1) Current Federal laws and policies bar United States nationals, including United States companies, from taking part in exploration for and development of energy resources in areas where such activities are controlled by the Government of Cuba. (2) Other countries do not impose the same restriction on people and companies subject to their jurisdiction, so the restriction penalizes United States nationals and companies without affecting the ability of the Cuban Government to benefit from those exploration and development activities. (3) It is in the national interest for United States nationals, including United States companies, to be able to compete for the opportunity to develop those resources if the Government of Cuba decides to allow such development and if the development is done in a manner consistent with protection of the environment. (c) Purpose.--The purpose of this Act is to allow United States nationals, including United States companies, to take part in exploration for and development of energy resources in offshore areas near Cuba and in other similar offshore areas outside of but contiguous to the exclusive economic zone of the United States. SEC. 2. AUTHORIZATION OF ACTIVITIES AND EXPORTS INVOLVING HYDROCARBON RESOURCES BY UNITED STATES PERSONS. (a) Authorization.--Notwithstanding the provisions of law referred to in subsection (b), and subject to subsection (c), United States persons (including agents and affiliates of those United States persons) may-- (1) engage in any transaction necessary for the exploration for and extraction of hydrocarbon resources from any portion of a foreign exclusive economic zone that is contiguous to the exclusive economic zone of the United States; (2) export without license authority all equipment necessary for the exploration for or extraction of hydrocarbon resources described in paragraph (1); and (3) import into the United States hydrocarbon resources extracted under the authority of this section, and products thereof. (b) Provisions of Law Inapplicable.--The provisions of law referred to in subsection (a) are-- (1) section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)); (2) the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.); (3) the Cuban Democracy Act of 1992 (22 U.S.C. 6001 et seq.); (4) part 515 of title 31, Code of Federal Regulations (Cuban Assets Control Regulations); and (5) any other law, Executive order, or regulation prohibiting exports to or imports from Cuba, or transactions in property in which a Cuban national has an interest. (c) Applicability of Environmental Laws.--Any exploration for or extraction of hydrocarbon resources by a United States person within an area described in subsection (a)(1) shall be subject to the same laws, rules, and regulations for the protection of fish, wildlife, and the environment that are applicable to such activities within the exclusive economic zone of the United States. SEC. 3. TRAVEL IN CONNECTION WITH AUTHORIZED HYDROCARBON EXPLORATION AND EXTRACTION ACTIVITIES. (a) General License Authority for Travel-Related Expenditures by Persons Engaging in Hydrocarbon Exploration and Extraction Activities.--The Secretary of the Treasury shall authorize under a general license the travel-related transactions listed in section 515.560(c) of title 31, Code of Federal Regulations, for travel to, from, or within Cuba in connection with exploration for and the extraction of hydrocarbon resources in any part of a foreign maritime exclusive economic zone that is contiguous to the exclusive economic zone of the United States. (b) Persons Authorized.--Persons authorized to travel to Cuba under this section include full-time employees, executives, agents, and consultants of producers, distributors, and shippers of hydrocarbon resources. SEC. 4. DEFINITIONS. In this Act-- (1) the term ``exclusive economic zone of the United States'' means the exclusive economic zone of the United States established by Proclamation 5030 of March 10, 1983 (16 U.S.C. 1453 note); (2) the term ``foreign exclusive economic zone'' means an economic zone contiguous to the territorial sea of a foreign country that is asserted by the government of that country; and (3) the term ``United States person'' means-- (A) any United States citizen or alien lawfully admitted for permanent residence in the United States; and (B) any person other than an individual, if 1 or more individuals described in subparagraph (A) own or control at least 51 percent of the securities or other equity interest in that person.

U.S. Participation in Cuban Energy Exploration Act of 2007 - Authorizes U.S. persons to: (1) engage in the exploration for and extraction of hydrocarbon resources from any portion of a foreign exclusive economic zone that is contiguous to the U.S. exclusive economic zone; (2) export without license authority all equipment necessary for such activities; and (3) import such extracted hydrocarbon resources into the United States. Directs the Secretary of the Treasury to authorize under a general license specified travel-related transactions for travel to, from, or within Cuba in connection with such activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hereditary Disorders Newborn Screening Act of 2000''. SEC. 2. PROGRAM TO IMPROVE THE ABILITY OF STATES TO PROVIDE NEWBORN AND CHILD SCREENING FOR HERITABLE DISORDERS. Part A of title XI of the Public Health Service Act (42 U.S.C. 300b-1 et seq.) is amended by adding at the end the following: ``SEC. 1108. IMPROVED NEWBORN AND CHILD SCREENING FOR HERITABLE DISORDERS. ``(a) In General.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall award grants to eligible entities to enhance, improve or expand the ability of State and local public health agencies to provide screening, counseling or preventive care services to newborns and children having or at risk for heritable disorders. ``(b) Use of Funds.--Amounts provided under a grant awarded under subsection (a) shall be used to-- ``(1) establish, expand, or improve systems or programs to provide screening, counseling, testing or specialty services for newborns and children at risk for heritable disorders; ``(2) establish, expand, or improve programs or services to reduce mortality or morbidity from heritable disorders; ``(3) establish, expand, or improve systems or programs to provide information and counseling on available therapies for newborns and children with heritable disorders; ``(4) improve the access of medically underserved populations to screening, counseling, testing and specialty services for newborns and children having or at risk for heritable disorders; or ``(5) conduct such other activities as may be necessary to enable newborns and children having or at risk for heritable disorders to receive screening, counseling, testing or specialty services, regardless of income, race, color, religion, sex, national origin, age, or disability. ``(c) Eligible Entities.--To be eligible to receive a grant under subsection (a) an entity shall-- ``(1) be a State or political subdivision of a State, or a consortium of 2 or more States or political subdivisions of States; and ``(2) prepare and submit to the Secretary an application that includes-- ``(A) a plan to use amounts awarded under the grant to meet specific health status goals and objectives relative to heritable disorders, including attention to needs of medically underserved populations; ``(B) a plan for the collection of outcome data or other methods of evaluating the degree to which amounts awarded under this grant will be used to achieve the goals and objectives identified under subparagraph (A); ``(C) a plan for monitoring and ensuring the quality of services provided under the grant; ``(D) an assurance that amounts awarded under the grant will be used only to implement the approved plan for the State; ``(E) an assurance that the provision of services under the plan is coordinated with services provided under programs implemented in the State under titles V, XVIII, XIX, XX, or XXI of the Social Security Act (subject to Federal regulations applicable to such programs) so that the coverage of services under such titles is not substantially diminished by the use of granted funds; and ``(F) such other information determined by the Secretary to be necessary. ``(d) Limitation.--An eligible entity may not use amounts received under this section to-- ``(1) provide cash payments to or on behalf of affected individuals; ``(2) provide inpatient services; ``(3) purchase land or make capital improvements to property; or ``(4) provide for proprietary research or training. ``(e) Voluntary Participation.--The participation by any individual in any program or portion thereof established or operated with funds received under this section shall be wholly voluntary and shall not be a prerequisite to eligibility for or receipt of any other service or assistance from, or to participation in, another Federal or State program. ``(f) Supplement Not Supplant.--Funds appropriated under this section shall be used to supplement and not supplant other Federal, State, and local public funds provided for activities of the type described in this section. ``(g) Publication. ``(1) In general.--An application submitted under subsection (c)(2) shall be made public by the State in such a manner as to facilitate comment from any person, including through hearings and other methods used to facilitate comments from the public. ``(2) Comments.--Comments received by the State after the publication described in paragraph (1) shall be addressed in the application submitted under subsection (c)(2). ``(h) Technical Assistance.--The Secretary shall provide to entities receiving grants under subsection (a) such technical assistance as may be necessary to ensure the quality of programs conducted under this section. ``(i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of the fiscal years 2001 through 2011. ``SEC. 1109. EVALUATING THE EFFECTIVENESS OF NEWBORN AND CHILD SCREENING PROGRAMS. ``(a) In General.--The Secretary shall award grants to eligible entities to provide for the conduct of demonstration programs to evaluate the effectiveness of screening, counseling or preventive care services in reducing the morbidity and mortality caused by heritable disorders in newborns and children. ``(b) Demonstration Programs.--A demonstration program conducted under a grant under this section shall be designed to evaluate and assess, within the jurisdiction of the entity receiving such grant-- ``(1) the effectiveness of screening, counseling, testing or specialty services for newborns and children at risk for heritable disorders in reducing the morbidity and mortality associated with such disorders; ``(2) the effectiveness of screening, counseling, testing or specialty services in accurately and reliably diagnosing heritable disorders in newborns and children; or ``(3) the availability of screening, counseling, testing or specialty services for newborns and children at risk for heritable disorders. ``(c) Eligible Entities.--To be eligible to receive a grant under subsection (a) an entity shall be a State or political subdivision of a State, or a consortium of 2 or more States or political subdivisions of States. ``SEC. 1110. ADVISORY COMMITTEE ON HERITABLE DISORDERS IN NEWBORNS AND CHILDREN. ``(a) Establishment.--The Secretary shall establish an advisory committee to be known as the `Advisory Committee on Heritable Disorders in Newborns and Children' (referred to in this section as the `Advisory Committee'). ``(b) Duties.--The Advisory Committee shall-- ``(1) provide advice and recommendations to the Secretary concerning grants and projects awarded or funded under section 1108; ``(2) provide technical information to the Secretary for the development of policies and priorities for the administration of grants under section 1108; and ``(3) provide such recommendations, advice or information as may be necessary to enhance, expand or improve the ability of the Secretary to reduce the mortality or morbidity from heritable disorders. ``(c) Membership.-- ``(1) In general.--The Secretary shall appoint not to exceed 15 members to the Advisory Committee. In appointing such members, the Secretary shall ensure that the total membership of the Advisory Committee is an odd number. ``(2) Required members.--The Secretary shall appoint to the Advisory Committee under paragraph (1)-- ``(A) the Administrator of the Health Resources and Services Administration; ``(B) the Director of the Centers for Disease Control and Prevention; ``(C) the Director of the National Institutes of Health; ``(D) the Director of the Agency for Healthcare Research and Quality; ``(E) medical or scientific professionals with special expertise in heritable disorders, or in providing screening, counseling, testing or specialty services for newborns and children at risk for heritable disorders; ``(F) members of the public having special expertise about or concern with heritable disorders; and ``(G) representatives from such Federal agencies, public health constituencies, and medical professional societies as determined to be necessary by the Secretary, to fulfill the duties of the Advisory Committee, as established under subsection (b).''.

Directs the Secretary to award grants to eligible entities to provide for the conduct of demonstration programs to evaluate the effectiveness of screening, counseling or preventive care services in reducing the morbidity and mortality caused by heritable disorders in newborns and children. Direct the Secretary to establish an advisory committee to be known as the Advisory Committee on Heritable Disorders in Newborns and Children.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Physician Availability Act of 1999''. SEC. 2. REQUIREMENT FOR PHYSICIAN AVAILABILITY IN ACUTE CARE HOSPITALS. (a) In General.--Each covered hospital shall have a qualified physician available in the hospital 24 hours a day, seven days a week to attend to the needs of inpatients of the hospital. (b) Definitions.--For purposes of this section: (1) Covered hospital.-- (A) In general.--Subject to subparagraph (B), the term ``covered hospital'' means a subsection (d) hospital (as defined in section 1886(d)(1)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B)) that-- (i) has a participation agreement in effect under section 1866 of such Act (42 U.S.C. 1395cc), (ii) is participating in the program under title XIX of such Act, or (iii) is receiving Federal funds under a grant or cooperative agreement. (B) Exclusion for federal facilities and small hospitals.--Such term does not include a hospital that-- (i) is a facility of the Federal Government, or (ii) the Secretary of Health and Human Services determines has fewer than 100 licensed beds (as defined by the Secretary). (2) Physician; qualified physician.--(A) The term ``physician'' means, with respect to a hospital, an individual who is a doctor of medicine or osteopathy legally authorized under State law to practice medicine and surgery in that hospital. (B) The term ``qualified physician'' means, with respect to a hospital, an individual who is a physician and whose credentials as such a physician have been verified by the administration of the hospital (before providing any services at the hospital) through appropriate means, including verification through the National Practitioner Databank. (3) Physician availability.--A physician is considered to be ``available'' in a hospital if-- (A) the physician is physically present in the hospital; (B) the physician's primary responsibility is to be in attendance to serve the needs of the hospital's inpatients without delay; and (C) the physician is not physically present in, assigned to, serving in, or expected to cover, the hospital's emergency room or emergency department. (c) Enforcement.-- (1) Warning.--If the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') determines that a hospital has violated subsection (a), in the first instance the Secretary shall provide a written warning regarding such violation to the hospital and shall notify the Inspector General of the Department of Health and Human Services (in this section referred to as the ``HHS Inspector General'') of such violation. Subsequently, the HHS Inspector General shall monitor the compliance of the hospital with the requirement of subsection (a). (2) Second violation.--After providing a warning to a hospital under paragraph (1), if the Secretary determines that the hospital subsequently and knowingly violates subsection (a)-- (A) the hospital is subject to a civil money penalty in an amount not to exceed $100,000, and (B) the hospital shall submit to the HHS Inspector General, by not later than 30 days after the date of such a determination, a remedial plan to prevent future violations of the requirement of such subsection. The provisions of section 1128A of the Social Security Act (42 U.S.C. 1320a-7a), other than subsections (a) and (b) of such section, shall apply to civil money penalties under subparagraph (A) in the same manner as they apply to a penalty or proceeding under subsection (a) of such section. (3) Subsequent violations.--After imposing a civil money penalty under paragraph (2) against a hospital, if the Secretary determines that the hospital subsequently and knowingly violates subsection (a), the Secretary may issue an order disqualifying the hospital from participation in the programs under titles XVIII and XIX of the Social Security Act and from receipt of Federal funds under any grant or cooperative agreement for such period as the Secretary specifies and until the Secretary receives satisfactory assurances that the hospital will be in substantial compliance with the requirement of subsection (a). (4) Failure to submit or comply with remedial plan.--If the Secretary determines, after consultation with the HHS Inspector General, that a hospital has failed to submit a satisfactory remedial plan required under paragraph (2)(B) or is failing to substantially carry out such a plan, the Secretary may suspend payment of funds to the hospital under titles XVIII and XIX of the Social Security Act and under Federal grants or cooperative agreements until the Secretary receives satisfactory assurances that such failures will not continue. (d) Effective Date.--This section shall take effect on the first day of the first month that begins more than 180 days after the date of the enactment of this Act.

Physician Availability Act of 1999 - Requires each non-Federal hospital with a specified participation agreement under title XVIII (Medicare) of the Social Security Act, participating under title XIX (Medicaid) of such Act, or receiving Federal funds, and with at least 100 licensed beds, to have a qualified physician available in the hospital (other than in the emergency department) 24 hours a day, seven days a week to attend to the hospital's inpatients. Provides for enforcement, including through civil penalties and suspension or disqualification from Medicare or Medicaid.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Disaster Tax Relief Act of 2008''. SEC. 2. LOSSES ATTRIBUTABLE TO FEDERALLY DECLARED DISASTERS. (a) Waiver of Adjusted Gross Income Limitation.-- (1) In general.--Subsection (h) of section 165 of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and by inserting after paragraph (2) the following new paragraph: ``(3) Special rule for losses in federally declared disasters.-- ``(A) In general.--If an individual has a net disaster loss for any taxable year, the amount determined under paragraph (2)(A)(ii) shall be the sum of-- ``(i) such net disaster loss, and ``(ii) so much of the excess referred to in the matter preceding clause (i) of paragraph (2)(A) (reduced by the amount in clause (i) of this subparagraph) as exceeds 10 percent of the adjusted gross income of the individual. ``(B) Net disaster loss.--For purposes of subparagraph (A), the term `net disaster loss' means the excess of-- ``(i) the personal casualty losses-- ``(I) attributable to a federally declared disaster, and ``(II) occurring in a disaster area, over ``(ii) personal casualty gains. ``(C) Federally declared disaster.--For purposes of this paragraph-- ``(i) Federally declared disaster.--The term `federally declared disaster' means any disaster subsequently determined by the President of the United States to warrant assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. ``(ii) Disaster area.--The term `disaster area' means the area so determined to warrant such assistance.''. (2) Conforming amendments.-- (A) Section 165(h)(4)(B) (as so redesignated) is amended by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''. (B) Section 165(i)(1) of such Code is amended by striking ``loss'' and all that follows through ``Act'' and inserting ``loss occurring in a disaster area (as defined by clause (ii) of subsection (h)(3)(C)) and attributable to a federally declared disaster (as defined by clause (i) of such subsection)''. (C) Section 165(i)(4) of such Code is amended by striking ``Presidentially declared disaster (as defined by section 1033(h)(3))'' and inserting ``federally declared disaster (as defined by subsection (h)(3)(C)(i)''. (D)(i) So much of subsection (h) of section 1033 of such Code as precedes subparagraph (A) of paragraph (1) thereof is amended to read as follows: ``(h) Special Rules for Property Damaged by Federally Declared Disasters.-- ``(1) Principal residences.--If the taxpayer's principal residence or any of its contents is located in a disaster area and is compulsorily or involuntarily converted as a result of a federally declared disaster--''. (ii) Paragraph (2) of section 1033(h) of such Code is amended by striking ``investment'' and all that follows through ``disaster'' and inserting ``investment located in a disaster area and compulsorily or involuntarily converted as a result of a federally declared disaster''. (iii) Paragraph (3) of section 1033(h) is amended to read as follows: ``(3) Federally declared disaster; disaster area.--The terms ``federally declared disaster'' and ``disaster area'' shall have the respective meaning given such terms by section 165(h)(3)(C).''. (iv) Section 139(c)(2) of such Code is amended to read as follows: ``(2) federally declared disaster (as defined by section 165(h)(3)(C)(i)),''. (v) Subclause (II) of section 172(b)(1)(F)(ii) of such Code is amended by striking ``Presidentially declared disasters (as defined in section 1033(h)(3))'' and inserting ``federally declared disasters (as defined by subsection (h)(3)(C)(i))''. (vi) Subclause (III) of section 172(b)(1)(F)(ii) of such Code is amended by striking ``Presidentially declared disasters'' and inserting ``federally declared disasters''. (vii) Subsection (a) of section 7508A of such Code is amended by striking ``Presidentially declared disaster (as defined in section 1033(h)(3))'' and inserting ``federally declared disaster (as defined by section 165(h)(3)(C)(i))''. (b) Increase in Standard Deduction by Disaster Casualty Loss.-- (1) In general.--Paragraph (1) of section 63(c) of such Code (defining standard deduction) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) the disaster loss deduction.''. (2) Disaster loss deduction.--Subsection (c) of section 63 of such Code is amended by adding at the end the following new paragraph: ``(8) Disaster loss deduction.--For the purposes of paragraph (1), the term `disaster loss deduction' means the net disaster loss (as defined in section 165(h)(3)(B)).''. (3) Allowance in computing alternative minimum taxable income.--Subparagraph (E) of section 56(b)(1) of such Code (relating to standard deduction and deduction for personal exemptions not allowed) is amended by adding at the end the following new sentence: ``The preceding sentence shall not apply to so much of the standard deduction as is determined under section 63(c)(1)(D).''. (c) Increase in Limitation on Individual Loss Per Casualty.-- Paragraph (1) of section 165(h) of such Code (relating to treatment of casualty gains and losses) is amended by striking ``$100'' and inserting ``$500''. (d) Effective Dates.-- (1) Except as provided by paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2007. (2) The amendment made by subsection (c) shall apply to taxable years beginning after December 31, 2008. SEC. 3. EXPENSING OF QUALIFIED DISASTER EXPENSES. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 198 the following new section: ``SEC. 198A. EXPENSING OF QUALIFIED DISASTER EXPENSES. ``(a) In General.--A taxpayer may elect to treat any qualified disaster expenses which are paid or incurred by the taxpayer as an expense which is not chargeable to capital account. Any expense which is so treated shall be allowed as a deduction for the taxable year in which it is paid or incurred. ``(b) Qualified Disaster Expense.--For purposes of this section, the term `qualified disaster expense' means any expenditure-- ``(1) which is paid or incurred in connection with a trade or business or with business-related property, ``(2) which is-- ``(A) for the abatement or control of hazardous substances that were released on account of a federally declared disaster, ``(B) for the removal of debris from, or the demolition of structures on, real property which is business-related property damaged or destroyed as a result of a federally declared disaster, or ``(C) for the repair of business-related property damaged as a result of a federally declared disaster, and ``(3) is otherwise chargeable to capital account. ``(c) Other Definitions.--For purposes of this section-- ``(1) Business-related property.--The term `business- related property' means property-- ``(A) held by the taxpayer for use in a trade or business or for the production of income, or ``(B) described in section 1221(a)(1) in the hands of the taxpayer. ``(2) Federally declared disaster.--The term `federally declared disaster' has the meaning given such term by section 165(h)(3)(C)(i). ``(d) Deduction Recaptured as Ordinary Income on Sale, etc.--Solely for purposes of section 1245, in the case of property to which a qualified disaster expense would have been capitalized but for this section-- ``(1) the deduction allowed by this section for such expense shall be treated as a deduction for depreciation, and ``(2) such property (if not otherwise section 1245 property) shall be treated as section 1245 property solely for purposes of applying section 1245 to such deduction. ``(e) Coordination With Other Provisions.--Sections 198, 280B, and 468 shall not apply to amounts which are treated as expenses under this section. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.''. (b) Clerical Amendment.--The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 198 the following new item: ``Sec. 198A. Expensing of Qualified Disaster Expenses.''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after December 31, 2007. SEC. 4. NET OPERATING LOSSES ATTRIBUTABLE TO FEDERALLY DECLARED DISASTERS. (a) In General.--Paragraph (1) of section 172(b) of the Internal Revenue Code of 1986 (relating to years to which loss may be carried) is amended by adding at the end the following new subparagraph: ``(J) Certain losses attributable to federally declared disasters.--In the case of a taxpayer who has a qualified disaster loss (as defined in subsection (j)), such loss shall be a net operating loss carryback to each of the 5 taxable years preceding the taxable year of such loss.''. (b) Qualified Disaster Loss.--Section 172 of such Code (relating to net operating loss deduction) is amended by redesignating subsections (j) and (k) as subsections (k) and (l), respectively, and by inserting after subsection (i) the following new subsection: ``(j) Rules Relating to Qualified Disaster Losses.--For purposes of this section-- ``(1) In general.--The term `qualified disaster loss' means the lesser of-- ``(A) the sum of-- ``(i) the losses allowable under section 165 for the taxable year-- ``(I) attributable to a federally declared disaster (as defined in section 165(h)(3)(C)(i)), and ``(II) occurring in a disaster area (as defined in section 165(h)(3)(C)(ii)), and ``(ii) the deduction for the taxable year for qualified disaster expenses which is allowable under section 198A(a) or which would be so allowable if not otherwise treated as an expense, or ``(B) the net operating loss for such taxable year. ``(2) Coordination with subsection (b)(2).--For purposes of applying subsection (b)(2), a qualified disaster loss for any taxable year shall be treated in a manner similar to the manner in which a specified liability loss is treated. ``(3) Election.--Any taxpayer entitled to a 5-year carryback under subsection (b)(1)(J) from any loss year may elect to have the carryback period with respect to such loss year determined without regard to subsection (b)(1)(J). Such election shall be made in such manner as may be prescribed by the Secretary and shall be made by the due date (including extensions of time) for filing the taxpayer's return for the taxable year of the net operating loss. Such election, once made for any taxable year, shall be irrevocable for such taxable year.''. (c) Loss Deduction Allowed in Computing Alternative Minimum Taxable Income.--Subsection (d) of section 56 of such Code (defining alternative tax net operating loss deduction) is amended by adding at the end the following new paragraph: ``(3) Net operating loss attributable to federally declared disasters.--In the case of a taxpayer which has a qualified disaster loss (as defined by section 172(b)(1)(J)) for the taxable year, paragraph (1) shall be applied by increasing the amount determined under subparagraph (A)(ii)(I) thereof by the sum of the carrybacks and carryovers of such loss.''. (d) Conforming Amendments.-- (1) Clause (ii) of section 172(b)(1)(F) of such Code is amended by inserting ``or qualified disaster loss (as defined in subsection (j))'' before the period at the end of the last sentence. (2) Paragraph (1) of section 172(i) of such Code is amended by adding at the end the following new flush sentence: ``Such term shall not include any qualified disaster loss (as defined in subsection (j)).''. (e) Effective Date.--The amendments made by this section shall apply to losses arising in taxable years beginning after December 31, 2007. SEC. 5. WAIVER OF CERTAIN MORTGAGE REVENUE BOND REQUIREMENTS FOLLOWING FEDERALLY DECLARED DISASTERS. (a) In General.--Paragraph (11) of section 143(k) of the Internal Revenue Code of 1986 is amended to read as follows: ``(11) Special rules for federally declared disasters.-- ``(A) Principal residence destroyed.--If the principal residence (within the meaning of section 121) of a taxpayer is-- ``(i) rendered unsafe for use as a residence by reason of a federally declared disaster, or ``(ii) demolished or relocated by reason of an order of the government of a State or political subdivision thereof on account of a federally declared disaster, then for the 2-year period beginning on the date of the disaster declaration, subsection (d)(1) shall not apply with respect to such taxpayer and subsection (e) shall be applied by substituting `110' for `90' in paragraph (1) thereof. ``(B) Principle residence damaged.-- ``(i) In general.--If the principal residence (within the meaning of section 121) of a taxpayer resulting from a federally declared disaster was damaged, any owner- financing provided in connection with the repair or reconstruction of such residence shall be treated as a qualified rehabilitation loan. ``(ii) Limitation.--The aggregate owner- financing to which clause (i) applies shall not exceed the lesser of-- ``(I) the cost of such repair or reconstruction, or ``(II) $150,000. ``(C) Federally declared disaster.--For purposes of this paragraph, the term `federally declared disaster' has the meaning given such term by section 165(h)(3)(C)(i).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to disasters occurring after December 31, 2007.

Fair Disaster Tax Relief Act of 2008 - Amends the Internal Revenue Code to provide special tax rules for individuals affected by a federally declared disaster, including: (1) allowance of all personal casualty losses incurred in a federally declared disaster in excess of $500; (2) an increase in the standard tax deduction for disaster losses; (3) full expensing of business-related disaster cleanup expenses; (4) extension of the net operating loss carryback period from two to five years for disaster-related losses; and (5) allowance of tax-exempt bond financing of low-interest loans for principal residences damaged in a federally declared disaster.

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``West Virginia Rivers Conservation Act of 1993''. (b) Table of Contents.-- Sec. 1. Short title and table of contents. TITLE I--BOUNDARY MODIFICATIONS Sec. 101. New River Gorge National River. Sec. 102. Gauley River National Recreation Area. Sec. 103. Bluestone National Scenic River. TITLE II--UPPER NEW NATIONAL WILD AND SCENIC RIVER Sec. 201. Designation of upper New River, West Virginia. TITLE III--ELK RIVER Sec. 301. Designation of Elk River as a study river. TITLE IV--GENERAL PROVISIONS Sec. 401. Consolidated management. Sec. 402. Miscellaneous amendments. Sec. 403. Gauley access. Sec. 404. Visitor center. Sec. 405. Extension. TITLE I--BOUNDARY MODIFICATIONS SEC. 101. NEW RIVER GORGE NATIONAL RIVER. Section 1101 of the National Parks and Recreation Act of 1978 (16 U.S.C. 460m-15) is amended by striking out ``NERI-80,023, dated January 1987'' and inserting ``NERI-80,028, dated January 1993''. SEC. 102. GAULEY RIVER NATIONAL RECREATION AREA. Section 201(b) of the West Virginia National Interest River Conservation Act of 1987 (16 U.S.C. 460ww(b)) is amended by striking out ``NRA-GR/20,000A and dated July 1987'' and inserting ``GARI-80,001 and dated January 1993''. SEC. 103. BLUESTONE NATIONAL SCENIC RIVER. Section 3(a)(65) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(65)) is amended by striking out ``WSR-BLU/20,000, and dated January 1987'' and inserting ``BLUE-80,004, and dated January 1993''. TITLE II--UPPER NEW NATIONAL WILD AND SCENIC RIVER SEC. 201. DESIGNATION OF UPPER NEW RIVER, WEST VIRGINIA. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding the following new paragraph at the end: ``( ) Upper New River, West Virginia.--(A) The segment in Summers County, West Virginia, from the West Virginia-Virginia State line downstream for approximately 14.5 miles as depicted on the boundary map entitled `Upper New Wild and Scenic River', numbered UPNE 80,000 and dated January 1993; to be administered by the Secretary of the Interior as a wild and scenic river. ``(B) The acreage limitation set forth in subsection (b) shall not apply to the segment designated under this paragraph. Nothing in this Act shall preclude the improvement of any existing road or right-of-way within the boundaries of the segment designated under this paragraph. ``(C) Jurisdiction over all lands and improvements on such lands owned by the United States within the boundaries of the segment designated under this paragraph is hereby transferred without reimbursement to the administrative jurisdiction of the Secretary of the Interior, subject to leases in effect on the date of enactment of this paragraph (or renewed thereafter) between the United States and the State of West Virginia with respect to the Bluestone Wildlife Management Area. ``(D) Nothing in this Act shall affect the management by the State of West Virginia of hunting and fishing within the segment designated under this paragraph. Nothing in this Act shall affect or impair the management by the State of West Virginia of other wildlife activities in the Bluestone Wildlife Management Area to the extent permitted in the lease agreement as in effect on the date of enactment of this paragraph, and such management may be continued pursuant to renewal of such lease agreement. If requested to do so by the State of West Virginia, the Secretary may terminate or modify such leases and assume administrative authority over all or part of the areas concerned. ``(E) Nothing in the designation of the segment referred to in this paragraph shall affect or impair the management of the Bluestone project or the authority of any department, agency, or instrumentality of the United States to carry out the project purposes of that project.''. TITLE III--ELK RIVER SEC. 301. DESIGNATION OF ELK RIVER AS A STUDY RIVER. The Secretary of the Interior shall conduct a study of the segment of the Elk River, West Virginia, from Slatyfork in Pocahontas County, to Centralia in Braxton County, to determine its eligibility and suitability as either-- (1) a component of the national wild and scenic rivers system, (2) a unit of the National Park System as a national river, or (3) a unit of the National Park System as a national recreation area. The Secretary shall submit a report containing the results of such study to the Committee on Natural Resources of the United States House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate within 3 years after the enactment of this Act. Nothing in this section shall affect or impair the management of the Sutton project or the authority of any department, agency, or instrumentality of the United States to carry out the project purposes of that project as of the date of enactment of this section. TITLE IV--GENERAL PROVISIONS SEC. 401. CONSOLIDATED MANAGEMENT. In order to achieve the maximum economy and efficiency of operations in the administration of the segment of the New River designated pursuant to title II, the Secretary of the Interior shall consolidate offices and personnel administering such segment with offices and personnel administering the New River Gorge National River, the Gauley River National Recreation Area, and the Bluestone National Scenic River to the extent practicable, and shall utilize facilities of the New River Gorge National River to the extent practicable. SEC. 402. MISCELLANEOUS PROVISIONS Title XI of the National Parks and Recreation Act of 1978 (16 U.S.C. 460m-15 and following) is amended by adding the following new section at the end thereof: ``SEC. 1117. APPLICABLE PROVISIONS OF OTHER LAW. ``(a) Cooperative Agreements.--The provisions of section 202(e)(1) of the West Virginia National Interest River Conservation Act of 1987 (16 U.S.C. 460ww-1(e)(1)) shall apply to the New River Gorge National River in the same manner and to the same extent as such provisions apply to the Gauley River National Recreation Area. ``(b) Remnant Lands.--The provisions of the second sentence of section 203(a) of the West Virginia National Interest River Conservation Act of 1987 (16 U.S.C. 460ww-2(a)) shall apply to tracts of land partially within the boundaries of the New River Gorge National River in the same manner and to the same extent as such provisions apply to tracts of land only partially within the Gauley River National Recreation Area.''. SEC. 403. GAULEY ACCESS. Section 202(e) of the West Virginia National Interest River Conservation Act of 1987 (16 U.S.C. 460ww-1(e)) is amended by adding the following new paragraph at the end thereof: ``(4) Access to River.--(A) In order to facilitate public safety, use, and enjoyment of the recreation area, and to protect, to the maximum extent feasible, the scenic and natural resources of the area, the Secretary is authorized and directed to acquire such lands or interests in lands and to take such actions as are necessary to provide access by noncommercial entities on the north side of the Gauley River at the area known as Woods Ferry utilizing existing roads and rights- of-way. Such actions by the Secretary shall include the construction of parking and related facilities in the vicinity of Woods Ferry for noncommercial use on lands acquired pursuant to paragraph (3) or on lands acquired with the consent of the owner thereof within the boundaries of the recreation area. ``(B) If necessary, in the discretion of the Secretary, in order to minimize environmental impacts, including visual impacts, within portions of the recreation area immediately adjacent to the river, the Secretary may, by contract or otherwise, provide transportation services for noncommercial visitors, at reasonable cost, between such parking facilities and the river. ``(C) Nothing in subparagraph (A) shall affect the rights of any person to continue to utilize, pursuant to a lease in effect on April 1, 1993, any right of way acquired pursuant to such lease which authorizes such person to use an existing road referred to in subparagraph (A). Except as provided under paragraph (2) relating to access immediately downstream of the Summersville project, until there is compliance with this paragraph the Secretary is prohibited from acquiring or developing any other river access points within the recreation area.''. SEC. 404. VISITOR CENTER. The Secretary of the Interior is authorized and directed to construct a visitor center and such other related facilities as may be deemed necessary to facilitate visitor understanding and enjoyment of the New River Gorge National River and the Gauley River National Recreation Area in the vicinity of the confluence of the New and Gauley Rivers at Gauley Bridge, West Virginia. Such center and related facilities are authorized to be constructed at a site outside of the boundary of the New River Gorge National River or the Gauley River National Recreation Area unless a suitable site is available within the boundaries of either unit. SEC. 405. EXTENSION. For a 5-year period following the date of enactment of this Act, the provisions of the Wild and Scenic Rivers Act applicable to river segments designated for study for potential addition to the wild and scenic rivers system under section 5(b) of that Act shall apply to those segments of the Bluestone and Meadow Rivers which were found eligible in the studies completed by the National Park Service in August 1983 but which were not designated by the West Virginia National Interest River Conservation Act of 1987 as part of the Bluestone National Scenic River or as part of the Gauley River National Recreation Area, as the case may be.

TABLE OF CONTENTS: Title I: Boundary Modifications Title II: Upper New National Wild and Scenic River Title III: Elk River Title IV: General Provisions West Virginia Rivers Conservation Act of 1993 - Title I: Boundary Modifications - Amends the National Parks and Recreation Act of 1978, the West Virginia National Interest River Conservation Act of 1987, and the Wild and Scenic Rivers Act to modify boundaries of the: (1) New River Gorge National River; (2) Gauley River National Recreation Area; and (3) Bluestone National Scenic River. Title II: Upper New National Wild and Scenic River - Amends the Wild and Scenic Rivers Act to designate a segment of the Upper New River, West Virginia, as a component of the National Wild and Scenic River System. Title III: Elk River - Directs the Secretary of the Interior to study and report to specified congressional committees on the eligibility and suitability of designating a specified segment of the Elk River, West Virginia, as either a component of the National Wild and Scenic Rivers System or a unit of the National Park System (NPS) as a national river or recreation area. Title IV: General Provisions - Calls for consolidated management between offices and personnel administering the segment of the Upper New River designated by this Act and offices and personnel administering the New River Gorge National River, the Gauley River National Recreation Area, and the Bluestone National Scenic River. Amends the National Parks and Recreation Act of 1978 to make provisions of the West Virginia National Interest River Conservation Act of 1987 (the Act) relating to cooperative agreements and remnant lands in the Gauley River National Recreation Area applicable to the New River Gorge National River. Amends the Act to set forth provisions relating to access of the Gauley River National Recreation Area by certain noncommercial entities. Authorizes the Secretary to construct a visitor center in the vicinity of the confluence of the New and Gauley Rivers at Gauley Bridge, West Virginia. Extends certain provisions of the Wild and Scenic Rivers Act with respect to segements of the Bluestone and Meadow Rivers that were found eligible in studies completed by NPS in 1983 but that were not designated as part of the Bluestone National Scenic River or the Gauley River National Recreation Area under the Act.

TITLE I--UTROK ATOLL RADIOLOGICAL MONITORING SUPPORT SEC. 101. UTROK ATOLL RADIOLOGICAL MONITORING SUPPORT. (a) In support of radiological monitoring, rehabilitation, and resettlement of Utrok Atoll, whose residents were affected by United States nuclear testing, the Secretary of Commerce may convey to the Utrok Atoll local government without consideration, all right, title, and interest of the United States in and to a decommissioned National Oceanic and Atmospheric Administration ship in operable condition. (b) The Government of the United States shall not be responsible or liable for any maintenance or operation of a vessel conveyed under this section after the date of the delivery of the vessel to Utrok. (c) Within 120 days after the date of enactment of this Act, the Utrok Atoll local government, in consultation with the Government of the Republic of the Marshall Islands, shall submit a plan for the use of the vessel to be conveyed under subsection (a) to the House of Representatives Committee on Resources, the House of Representatives Committee on Science, the Senate Committee on Energy and Natural Resources, and the Senate Committee on Commerce, Science, and Transportation. TITLE II--RATIFICATION OF CERTAIN NOAA APPOINTMENTS, PROMOTIONS, AND ACTIONS SEC. 201. RATIFICATION OF CERTAIN NOAA APPOINTMENTS, PROMOTIONS, AND ACTIONS. All action in the line of duty by, and all Federal agency actions in relation to (including with respect to pay, benefits, and retirement) a de facto officer of the commissioned corps of the National Oceanic and Atmospheric Administration who was appointed or promoted to that office without Presidential action, and without the advice and consent of the Senate, during such time as the officer was not properly appointed in or promoted to that office, are hereby ratified and approved if otherwise in accord with the law, and the President alone may, without regard to any other law relating to appointments or promotions in such corps, appoint or promote such a de facto officer temporarily, without change in the grade currently occupied in a de facto capacity, as an officer in such corps for a period ending not later than 180 days from the date of enactment of this Act. TITLE III--INTERNATIONAL FISHERIES REAUTHORIZATION SEC. 301. SHORT TITLE. This title may be cited as the ``International Fisheries Reauthorization Act of 2004''. SEC. 302. EXTENSION OF PERIOD FOR REIMBURSEMENT UNDER FISHERMEN'S PROTECTIVE ACT OF 1967. Section 7(e) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1977(e)) is amended by striking ``2003'' and inserting ``2008''. SEC. 303. REAUTHORIZATION OF YUKON RIVER SALMON ACT OF 2000. Section 208 of the Yukon River Salmon Act of 2000 (16 U.S.C. 5727) is amended by striking ``2000'' and all that follows through ``2003'' and inserting ``2004 through 2008''. SEC. 304. REBUILDING FISH STOCKS. Section 105 of division H of the Consolidated Appropriations Act, 2004, is repealed. TITLE IV--PACIFIC ALBACORE TUNA TREATY SEC. 401. IMPLEMENTATION. (a) In General.--Notwithstanding anything to the contrary in section 201, 204, or 307(2) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1821, 1824, and 1857(2)), foreign fishing may be conducted pursuant to the Treaty between the Government of the United States of America and the Government of Canada on Pacific Coast Albacore Tuna Vessels and Port Privileges, signed at Washington May 26, 1981, including its Annexes and any amendments thereto. (b) Regulations.--The Secretary of Commerce, with the concurrence of the Secretary of State, may-- (1) promulgate regulations necessary to discharge the obligations of the United States under the Treaty and its Annexes; and (2) provide for the application of any such regulation to any person or vessel subject to the jurisdiction of the United States, wherever that person or vessel may be located. (c) Enforcement.-- (1) In general.--The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) shall be enforced as if subsection (a) were a provision of that Act. Any reference in the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) to ``this Act'' or to any provision of that Act, shall be considered to be a reference to that Act as it would be in effect if subsection (a) were a provision of that Act. (2) Regulations.--The regulations promulgated under subsection (b), shall be enforced as if-- (A) subsection (a) were a provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.); and (B) the regulations were promulgated under that Act. SEC. 402. SOUTH PACIFIC TUNA TREATY ACT AMENDMENT. Section 6 of the South Pacific Tuna Act of 1988 (16 U.S.C. 973d(a)) is amended by striking ``outside of the 200 nautical mile fisheries zones of the Pacific Island Parties.'' and inserting ``or to fishing by vessels using the longline method in the high seas areas of the Treaty area.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Title I: Utrok Atoll Radiological Monitoring Support - (Sec. 101) Authorizes the Secretary of Commerce to convey to the Utrok Atoll local government a decommissioned National Oceanic and Atmospheric Administration (NOAA) ship in operable condition, in support of radiological monitoring, rehabilitation, and resettlement of Utrok Atoll, whose residents were affected by U.S. nuclear testing. Declares that the U.S. Government shall not be responsible or liable for any maintenance or operation of a vessel conveyed under Act after delivery of the vessel to Utrok. Directs the Utrok Atoll local government to submit to specified congressional committees a plan for the use of the conveyed vessel. Title II: Ratification of Certain NOAA Appointments, Promotions, and Actions - (Sec. 201) Ratifies and approves all action in the line of duty by, and all Federal agency actions in relation to, a de facto officer of the NOAA commissioned corps who was appointed or promoted to that office without Presidential action and without the advice and consent of the Senate. Authorizes the President to appoint or promote such a de facto officer as a corps officer for a period ending not later than 180 days after enactment of this Act, without change in the grade currently occupied in a de facto capacity. Title III: International Fisheries Reauthorization - International Fisheries Reauthorization Act of 2004 - (Sec. 302) Amends the Fishermen's Protective Act of 1967 to extend through FY 2008 the requirement that the Secretary of State enter agreements to reimburse owners of commercial fishing vessels seized and detained by a foreign country for actual costs, market value of confiscated or spoiled fish, and half of lost gross income. (Sec. 303) Amends the Yukon River Salmon Act of 2000 to extend through FY 2008 the authorization of appropriations for: (1) travel expenses of members and alternate members of the Yukon River Salmon Panel, U.S. members of a Joint Technical Committee (JTC) under the Pacific Salmon Treaty between the United States and Canada, and members of a specified advisory committee; (2) the U.S. share of expenses incurred by the JTC and any panel established by any agreement between the United States and Canada for restoration and enhancement of salmon originating in Canada; (3) activities by the Department of the Interior and the Department of Commerce for survey, restoration, and enhancement activities related to salmon stocks originating from the Yukon River in Canada, including specified Yukon River salmon stock restoration and enhancement projects; and (4) cooperative salmon research and management projects in the portion of the Yukon River drainage located in the United States that are recommended by the Panel. (Sec. 305) Repeals a provision of the Consolidated Appropriations Act, 2004 which prohibits funds under that Act from being obligated or expended to implement any measures to reduce overfishing and promote rebuilding of fish stocks managed under the Northeast Multispecies Fishery Management Plan other than measures set out in the NOAA final rule relating to provisions of the Magnuson-Stevens Fishery Conservation and Management Act. Title IV: Pacific Albacore Tuna Treaty - (Sec. 401) Allows foreign fishing to be conducted pursuant to the Treaty between the Government of the United States of America and the Government of Canada on Pacific Coast Albacore Tuna Vessels and Port Privileges, signed at Washington May 26, 1981, including its Annexes and any amendments thereto. Authorizes the Secretary of Commerce to: (1) promulgate regulations for discharging U.S. obligations under such Treaty; and (2) apply such regulations to any person or vessel subject to U.S. jurisdiction, wherever the person or vessel may be located. Requires enforcement of such provisions as if they were part of the Magnuson-Stevens Act. (Sec. 402) Amends the South Pacific Tuna Act of 1988 to: (1) make certain prohibitions on South Pacific tuna fishing inapplicable to fishing by vessels using the longline method in the high seas areas of the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America; and (2) remove such prohibitions' inapplicability to vessels operating outside of the 200 nautical mile fisheries zones of the Pacific Island Parties.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Over-the-Counter Swaps Speculation Limit Act''. SEC. 2. AGGREGATE POSITION LIMITS. Section 2 of the Commodity Exchange Act (7 U.S.C. 2) is amended by adding at the end the following: ``(j) Aggregate Position Limits.-- ``(1) Definition of bona fide hedging transaction.--In this subsection: ``(A) In general.--The term `bona fide hedging transaction' means a transaction that-- ``(i) is a substitute for a transaction to be made or a position to be taken at a later time in a physical marketing channel; ``(ii) is economically appropriate for the reduction of risks in the conduct and management of a commercial enterprise; and ``(iii) arises from a potential change in the value of-- ``(I) assets that a person owns, produces, manufactures, possesses, or merchandises (or anticipates owning, producing, manufacturing, possessing, or merchandising); ``(II) liabilities that a person incurs or anticipates incurring; or ``(III) services that a person provides or purchases (or anticipates providing or purchasing). ``(B) Exclusion.--The term `bona fide hedging transaction' does not include a transaction entered into on a designated contract market for the purpose of offsetting a financial risk arising from an over-the- counter commodity derivative. ``(2) Aggregate position limits.-- ``(A) Development; imposition.--Notwithstanding any other provision of this Act, in accordance with subparagraph (B), to reduce the potential threat of market manipulation, excessive speculation, or congestion in any contract listed for trading on a registered entity or a contract that the Commission has determined to provide a price discovery role, the Commission shall impose aggregate position limits on positions held on registered entities, foreign boards of trade, and each large over-the-counter transaction or class of large over-the-counter transactions that the Commission determines to be appropriate to assist the Commission in protecting the price discovery function of contracts under the jurisdiction of the Commission. ``(B) Requirements for development and imposition of aggregate position limits.-- ``(i) Evaluation system.--In developing aggregate position limits under subparagraph (A), the Commission shall establish a system for evaluating the degree to which-- ``(I) each large over-the-counter transaction and class of large over- the-counter transactions are equivalent to positions in contracts on registered entities; and ``(II) contracts on registered entities are equivalent to contracts on other registered entities. ``(ii) Maximum level of aggregate position limits.--In developing aggregate position limits under subparagraph (A), the Commission shall set the aggregate position limits at the minimum level practicable to ensure sufficient market liquidity for the conduct of bona fide hedging transactions. ``(C) Consideration of factors for determination.-- ``(i) In general.--In making a determination under subparagraph (A) with respect to the imposition of aggregate position limits on appropriate large over-the-counter transactions and classes of large over-the- counter transactions, the Commission may determine not to impose aggregate position limits on any large over-the-counter transaction or class of large over-the-counter transactions if the Commission determines that the large over-the-counter transaction or class of large over-the-counter transactions does not meet any of the factors described in clause (ii). ``(ii) Factors.--The factors described in clause (i) include-- ``(I) whether a standardized agreement is used to execute the large over-the-counter transaction or class of large over-the-counter transactions; ``(II) whether the large over-the- counter transaction or class of large over-the-counter transactions settles against any price (including the daily or final settlement price) of one or more contracts listed for trading on a registered entity; ``(III) whether the price of the large over-the-counter transaction or class of large over-the-counter transactions is reported to a third party, published, or otherwise disseminated; ``(IV) whether the price of the large over-the-counter transaction or class of large over-the-counter transactions is referenced in any other transaction; ``(V) whether there is a significant volume of the large over- the-counter transaction or class of large over-the-counter transactions; and ``(VI) any other factor that the Commission determines to be appropriate. ``(D) Exemption for bona fide hedging transactions.--The Commission may exempt any large over-the-counter transaction or class of large over- the-counter transactions from any aggregate position limit developed and imposed by the Commission under subparagraph (A) if the Commission determines that the large over-the-counter transaction or class of large over-the-counter transactions is a bona fide hedging transaction. ``(E) Net sum of positions.--The aggregate position limits developed and imposed by the Commission under subparagraph (A) shall apply to the net sum of the like positions held by a person on or in-- ``(i) registered entities; ``(ii) foreign boards of trade; and ``(iii) over-the-counter commodity derivatives. ``(F) Enforcement.-- ``(i) In general.--Subject to clause (ii), in enforcing each aggregate position limit developed and imposed by the Commission under subparagraph (A), the Commission may order a person to reduce any position of the person. ``(ii) Maintenance of position; civil penalty.-- ``(I) Maintenance of position.--If the Commission determines that the reduction of a position of a person under clause (i) would be disruptive to the price discovery function, the Commission may allow the person to maintain the position. ``(II) Civil penalty.--The Commission shall impose on the person described in subclause (I) a civil penalty in an amount not greater than-- ``(aa) $1,000,000 for each violation committed by the person; or ``(bb) with respect to each violation committed by the person, the market value of the position in excess of the appropriate aggregate position limit. ``(iii) Effect of violation.--A violation of an aggregate position limit developed and imposed by the Commission under subparagraph (A) shall be determined to be a violation of this Act.''.

Over-the-Counter Swaps Speculation Limit Act - Amends the Commodity Exchange Act to direct the Commodity Futures Trading Commission (CFTC) to impose aggregate position limits on positions held on registered entities, foreign boards of trade, and each large over-the-counter transaction or class of large over-the-counter transactions that it determines to be appropriate in protecting the price discovery function of contracts under its jurisdiction. Sets forth requirements for development and imposition of aggregate position limits. Authorizes the CFTC to exempt a large over-the-counter transaction or class of large over-the-counter transactions from any aggregate position limit it has developed and imposed if it determines that the transaction is a bona fide hedging transaction. Declares such aggregate position limits applicable to the net sum of the like positions held by a person on or in: (1) registered entities; (2) foreign boards of trade; and (3) over-the-counter commodity derivatives. Authorizes the CFTC to impose a civil penalty for violations of requirements of this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Transfer Act''. SEC. 2. DISCLOSURE OF PENDING AND COMPLETED DISCIPLINARY PROCEEDINGS AGAINST A STUDENT. Section 444(b)(6) of the General Education Provisions Act (20 U.S.C. 1232g(b)(6)) is amended-- (1) in subparagraph (A), by striking ``nonforcible''; (2) in subparagraph (B)-- (A) by striking ``(B) Nothing'' and inserting the following: ``(B)(i) Subject to clause (ii), nothing''; (B) by striking ``nonforcible''; and (C) by adding at the end the following: ``(ii) No funds shall be made available under any applicable program to any institution of postsecondary education that fails-- ``(I) with respect to the final results of any disciplinary proceeding conducted by the institution against a student who is an alleged perpetrator of a sex offense, and whom, as a result of that disciplinary proceeding, the institution determines committed a violation of the institution's rules or policies with respect to such offense, during the 5-year period beginning on the date the disciplinary proceeding was completed-- ``(aa) to disclose such final results to an official of any other institution of postsecondary education in which the student seeks or intends to enroll; and ``(bb) to include such final results on the transcript of such student; ``(II) with respect to a pending disciplinary proceeding being conducted by such institution of postsecondary education against a student who is an alleged perpetrator of a sex offense, during the 1-year period beginning on the first day of such proceeding-- ``(aa) to disclose such pending proceeding to an official of any other institution of postsecondary education in which the student seeks or intends to enroll; and ``(bb) to note that such disciplinary proceeding is pending on the transcript of such student; and ``(III) with respect to a disclosure under subclause (I) or (II)-- ``(aa) to notify the student of the disclosure; ``(bb) to allow the student to inspect, in person, a copy of the disciplinary proceeding, which does not include the name of any other student, such as a victim or witness; and ``(cc) to provide the student with an opportunity to write a statement to accompany the disclosure. ``(iii) The Secretary shall take appropriate steps to notify institutions of postsecondary education that disclosure of information described in clause (ii) is required.''; and (3) by adding at the end the following: ``(D) For the purpose of this paragraph, the term `sex offense' has the meaning-- ``(i) given the term `sex offense' in section 485(f)(1)(F)(i)(II) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)(F)(i)(II)); ``(ii) given the term `sexual assault' in section 485(f)(6)(A)(v) of such Act (20 U.S.C. 1092(f)(6)(A)(v)); and ``(iii) of an offense that meets the definition of rape, fondling, incest, or statutory rape under the final regulations published by the Department of Education in the Federal Register on October 20, 2014, for Appendix A of subpart D of part 668, Code of Federal Regulations (79 Fed. Reg. 62752).''.

Safe Transfer Act This bill amends the Family Educational Rights and Privacy Act of 1974 by prohibiting federal funds for any institution of postsecondary education that fails to disclose to other institutions information related to campus sexual assault on the transcript of: (1) a student who violated the institution's rules or polices with respect to sex offenses, or (2) a student who is accused of sex offenses in a pending disciplinary proceeding. The disclosure requirement terminates five years after a disciplinary proceeding is completed, or one year after the initiation of a proceeding if it is still pending. The student who is subject to the disciplinary proceeding must be notified of the disclosure and be allowed to inspect and copy the disciplinary proceeding, which does not include the name of any other student, such as a victim or witness. The student must also be given the opportunity to write a statement to accompany the disclosure.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydroelectric Licensing Process Improvement Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) hydroelectric power is an irreplaceable source of clean, economic, renewable energy with the unique capability of supporting reliable electric service while maintaining environmental quality; (2) hydroelectric power is the leading renewable energy resource of the United States; (3) hydroelectric power projects provide multiple benefits to the United States, including recreation, irrigation, flood control, water supply, and fish and wildlife benefits; (4) in the next 15 years, the bulk of all non-Federal hydroelectric power capacity in the United States is due to be relicensed by the Federal Energy Regulatory Commission; (5) the process of licensing hydroelectric projects by the Commission-- (A) does not produce optimal decisions, because the agencies that participate in the process are not required to consider the full effects of their mandatory and recommended conditions on a license; (B) is inefficient, in part because agencies do not always submit their mandatory and recommended conditions by a time certain; (C) is burdened by uncoordinated environmental reviews and duplicative permitting authority; and (D) is burdensome for all participants and too often results in litigation; and (6) while the alternative licensing procedures available to applicants for hydroelectric project licenses provide important opportunities for the collaborative resolution of many of the issues in hydroelectric project licensing, those procedures are not appropriate in every case and cannot substitute for statutory reforms of the hydroelectric licensing process. SEC. 3. PURPOSE. The purpose of this Act is to achieve the objective of relicensing hydroelectric power projects to maintain high environmental standards while preserving low cost power by-- (1) requiring agencies to consider the full effects of their mandatory and recommended conditions on a hydroelectric power license and to document the consideration of a broad range of factors; (2) requiring the Federal Energy Regulatory Commission to impose deadlines by which Federal agencies must submit proposed mandatory and recommended conditions to a license; and (3) making other improvements in the licensing process. SEC. 4. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS TO LICENSES. (a) In General.--Part I of the Federal Power Act (16 U.S.C. 791a et seq.) is amended by adding at the end the following: ``SEC. 32. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS TO LICENSES. ``(a) Definitions.--In this section: ``(1) Condition.--The term `condition' means-- ``(A) a condition to a license for a project on a Federal reservation determined by a consulting agency for the purpose of the first proviso of section 4(e); and ``(B) a prescription relating to the construction, maintenance, or operation of a fishway determined by a consulting agency for the purpose of the first sentence of section 18. ``(2) Consulting agency.--The term `consulting agency' means-- ``(A) in relation to a condition described in paragraph (1)(A), the Federal agency with responsibility for supervising the reservation; and ``(B) in relation to a condition described in paragraph (1)(B), the Secretary of the Interior or the Secretary of Commerce, as appropriate. ``(b) Factors To Be Considered.-- ``(1) In general.--In determining a condition, a consulting agency shall take into consideration-- ``(A) the impacts of the condition on-- ``(i) economic and power values; ``(ii) electric generation capacity and system reliability; ``(iii) air quality (including consideration of the impacts on greenhouse gas emissions); and ``(iv) drinking, flood control, irrigation, navigation, or recreation water supply; ``(B) compatibility with other conditions to be included in the license, including mandatory conditions of other agencies, when available; and ``(C) means to ensure that the condition addresses only direct project environmental impacts, and does so at the lowest project cost. ``(2) Documentation.-- ``(A) In general.--In the course of the consideration of factors under paragraph (1) and before any review under subsection (e), a consulting agency shall create written documentation detailing, among other pertinent matters, all proposals made, comments received, facts considered, and analyses made regarding each of those factors sufficient to demonstrate that each of the factors was given full consideration in determining the condition to be submitted to the Commission. ``(B) Submission to the commission.--A consulting agency shall include the documentation under subparagraph (A) in its submission of a condition to the Commission. ``(c) Scientific Review.-- ``(1) In general.--Each condition determined by a consulting agency shall be subjected to appropriately substantiated scientific review. ``(2) Data.--For the purpose of paragraph (1), a condition shall be considered to have been subjected to appropriately substantiated scientific review if the review-- ``(A) was based on current empirical data or field- tested data; and ``(B) was subjected to peer review. ``(d) Relationship to Impacts on Federal Reservation.--In the case of a condition for the purpose of the first proviso of section 4(e), each condition determined by a consulting agency shall be directly and reasonably related to the impacts of the project within the Federal reservation. ``(e) Administrative Review.-- ``(1) Opportunity for review.--Before submitting to the Commission a proposed condition, and at least 90 days before a license applicant is required to file a license application with the Commission, a consulting agency shall provide the proposed condition to the license applicant and offer the license applicant an opportunity to obtain expedited review before an administrative law judge or other independent reviewing body of-- ``(A) the reasonableness of the proposed condition in light of the effect that implementation of the condition will have on the energy and economic values of a project; and ``(B) compliance by the consulting agency with the requirements of this section, including the requirement to consider the factors described in subsection (b)(1). ``(2) Completion of review.-- ``(A) In general.--A review under paragraph (1) shall be completed not more than 180 days after the license applicant notifies the consulting agency of the request for review. ``(B) Failure to make timely completion of review.--If review of a proposed condition is not completed within the time specified by subparagraph (A), the Commission may treat a condition submitted by the consulting agency as a recommendation is treated under section 10(j). ``(3) Remand.--If the administrative law judge or reviewing body finds that a proposed condition is unreasonable or that the consulting agency failed to comply with any of the requirements of this section, the administrative law judge or reviewing body shall-- ``(A) render a decision that-- ``(i) explains the reasons for a finding that the condition is unreasonable and may make recommendations that the administrative law judge or reviewing body may have for the formulation of a condition that would not be found unreasonable; or ``(ii) explains the reasons for a finding that a requirement was not met and may describe any action that the consulting agency should take to meet the requirement; and ``(B) remand the matter to the consulting agency for further action. ``(4) Submission to the commission.--Following administrative review under this subsection, a consulting agency shall-- ``(A) take such action as is necessary to-- ``(i) withdraw the condition; ``(ii) formulate a condition that follows the recommendation of the administrative law judge or reviewing body; or ``(iii) otherwise comply with this section; and ``(B) include with its submission to the Commission of a proposed condition-- ``(i) the record on administrative review; and ``(ii) documentation of any action taken following administrative review. ``(f) Submission of Final Condition.-- ``(1) In general.--After an applicant files with the Commission an application for a license, the Commission shall set a date by which a consulting agency shall submit to the Commission a final condition. ``(2) Limitation.--Except as provided in paragraph (3), the date for submission of a final condition shall be not later than 1 year after the date on which the Commission gives the consulting agency notice that a license application is ready for environmental review. ``(3) Default.--If a consulting agency does not submit a final condition to a license by the date set under paragraph (1)-- ``(A) the consulting agency shall not thereafter have authority to recommend or establish a condition to the license; and ``(B) the Commission may, but shall not be required to, recommend or establish an appropriate condition to the license that-- ``(i) furthers the interest sought to be protected by the provision of law that authorizes the consulting agency to propose or establish a condition to the license; and ``(ii) conforms to the requirements of this Act. ``(4) Extension.--The Commission may make 1 extension, of not more than 30 days, of a deadline set under paragraph (1). ``(g) Analysis by the Commission.-- ``(1) Economic analysis.--The Commission shall conduct an economic analysis of each condition submitted by a consulting agency to determine whether the condition would render the project uneconomic. ``(2) Consistency with this section.--In exercising authority under section 10(j)(2), the Commission shall consider whether any recommendation submitted under section 10(j)(1) is consistent with the purposes and requirements of subsections (b) and (c) of this section. ``(h) Commission Determination on Effect of Conditions.--When requested by a license applicant in a request for rehearing, the Commission shall make a written determination on whether a condition submitted by a consulting agency-- ``(1) is in the public interest, as measured by the impact of the condition on the factors described in subsection (b)(1); ``(2) was subjected to scientific review in accordance with subsection (c); ``(3) relates to direct project impacts within the reservation, in the case of a condition for the first proviso of section 4(e); ``(4) is reasonable; ``(5) is supported by substantial evidence; and ``(6) is consistent with this Act and other terms and conditions to be included in the license.''. (b) Conforming and Technical Amendments.-- (1) Section 4.--Section 4(e) of the Federal Power Act (16 U.S.C. 797(e)) is amended-- (A) in the first proviso of the first sentence by inserting after ``conditions'' the following: ``, determined in accordance with section 32,''; and (B) in the last sentence, by striking the period and inserting ``(including consideration of the impacts on greenhouse gas emissions)''. (2) Section 18.--Section 18 of the Federal Power Act (16 U.S.C. 811) is amended in the first sentence by striking ``prescribed by the Secretary of Commerce'' and inserting ``prescribed, in accordance with section 32, by the Secretary of the Interior or the Secretary of Commerce, as appropriate''. SEC. 5. COORDINATED ENVIRONMENTAL REVIEW PROCESS. Part I of the Federal Power Act (16 U.S.C. 791a et seq.) (as amended by section 4) is amended by adding at the end the following: ``SEC. 33. COORDINATED ENVIRONMENTAL REVIEW PROCESS. ``(a) Lead Agency Responsibility.--The Commission, as the lead agency for environmental reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for projects licensed under this part, shall conduct a single consolidated environmental review-- ``(1) for each such project; or ``(2) if appropriate, for multiple projects located in the same area. ``(b) Consulting Agencies.--In connection with the formulation of a condition in accordance with section 32, a consulting agency shall not perform any environmental review in addition to any environmental review performed by the Commission in connection with the action to which the condition relates. ``(c) Deadlines.-- ``(1) In general.--The Commission shall set a deadline for the submission of comments by Federal, State, and local government agencies in connection with the preparation of any environmental impact statement or environmental assessment required for a project. ``(2) Considerations.--In setting a deadline under paragraph (1), the Commission shall take into consideration-- ``(A) the need of the license applicant for a prompt and reasonable decision; ``(B) the resources of interested Federal, State, and local government agencies; and ``(C) applicable statutory requirements.''. SEC. 6. STUDY OF SMALL HYDROELECTRIC PROJECTS. (a) In General.--Not later than 18 months after the date of enactment of this Act, the Federal Energy Regulatory Commission shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Commerce of the House of Representatives a study of the feasibility of establishing a separate licensing procedure for small hydroelectric projects. (b) Definition of Small Hydroelectric Project.--The Commission may by regulation define the term ``small hydroelectric project'' for the purpose of subsection (a), except that the term shall include at a minimum a hydroelectric project that has a generating capacity of 5 megawatts or less.

Hydroelectric Licensing Process Improvement Act of 2001- Amends the Federal Power Act to prescribe mandatory factors for consideration and documentation by Federal agency participants (consulting agencies) in the Federal Energy Regulatory Commission (FERC) hydroelectric license renewal process when setting forth renewal prerequisites, including the economic impact, and the means to ensure that such prerequisites address only direct project environmental impacts at the lowest project cost.Mandates that each condition be subjected to scientific peer review.Requires a consulting agency to provide a license applicant an opportunity to obtain expedited administrative review of its proposed conditions before filing a FERC application.Empowers the reviewing body to remand the matter to such agency upon finding that the agency's conditions are inconsistent with this Act.Sets a one-year deadline by which a consulting agency must file its proposed licensing conditions with FERC.Directs FERC to: (1) conduct an economic analysis of each condition submitted by a consulting agency to determine whether it would render the project uneconomic; (2) conduct a single consolidated environmental review for each licensed project; and (3) consider the need of license applicants for a prompt decision when setting a deadline for the submission of comments by governmental agencies regarding environmental impact statements or assessments.Directs FERC to study and report to certain congressional committees on the feasibility of establishing a separate licensing procedure for small hydroelectric projects with a generating capacity of five megawatts or less.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stand By Your Ad Act of 2010''. SEC. 2. STATEMENTS INCLUDED IN CAMPAIGN COMMUNICATIONS FUNDED BY CERTAIN TAX-EXEMPT ORGANIZATIONS OR POLITICAL ORGANIZATIONS. (a) Requiring Statement Identifying Largest Donors.--Section 318(d) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(d)) is amended-- (1) in paragraph (2), by striking ``Any communication'' and inserting ``Except as provided in paragraph (3), any communication''; and (2) by adding at the end the following new paragraph: ``(3) Special rules for communications paid for by certain tax-exempt or political organizations.-- ``(A) Disclosure statement required.--Any communication described in paragraph (3) of subsection (a) which is funded in whole or in part by a covered section 501(c) organization or a political organization and which is transmitted through radio or television shall include, in addition to the requirements of that paragraph, the disclosure statement described in subparagraph (C). ``(B) Method of conveyance of statement.-- ``(i) Communications transmitted through radio.--In the case of a communication to which this paragraph applies which is transmitted through radio, the disclosure statement described in subparagraph (C) shall be made by audio in a clearly spoken manner. ``(ii) Communications transmitted through television.--In the case of a communication to which this paragraph applies which is transmitted through television, the disclosure statement described in subparagraph (C) shall be conveyed by an unobscured, full-screen view of a representative of the organization, or by a representative of the organization making the statement in voice-over. The statement, together with clearly readable logos of the organization and each donor identified in the disclosure statement (if any), shall also appear in writing at the end of the communication in a clearly readable manner with a reasonable degree of color contrast between the background and the printed statement and logos, for a period of at least 4 seconds. ``(C) Disclosure statement described.--The disclosure statement described in this subparagraph is the following: `This advertisement was paid for by _______, whose funders include _______. For a full list of donors, go to _______.', with-- ``(i) the first blank to be filled in with the name of the covered section 501(c) organization or political organization involved; ``(ii) the second blank to be filled in with the names of the 5 persons who provided the largest amount of funding to the organization for any purpose during the 12- month period which ends on the date on which the organization paid for the communication; and ``(iii) the third blank to be filled in with the Internet address of the website of the organization which includes the information the organization is required to post and maintain under subsections (c)(4) and (f)(8) of section 304. ``(D) Definitions.--In this paragraph-- ``(i) the term `political organization' means a political organization described in section 527 of the Internal Revenue Code of 1986, except that such term does not include a political committee of a political party; and ``(ii) the term `covered section 501(c) organization' means-- ``(I) an organization described in paragraph (4), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; or ``(II) an organization which has submitted an application to the Internal Revenue Service for determination of its status as an organization described in subclause (I).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to communications made on or after the date of the enactment of this Act. SEC. 3. REQUIRING ORGANIZATIONS TO INCLUDE INFORMATION ON LARGEST DONORS IN REPORTS ON INDEPENDENT EXPENDITURES AND ELECTIONEERING COMMUNICATIONS. (a) Reports on Independent Expenditures.-- (1) Contents of statements.--Section 304(c)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(c)(2)) is amended-- (A) by striking ``and'' at the end of subparagraph (B); (B) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(D) if the person making the independent expenditure is a covered section 501(c) organization or a political organization (as such terms are defined in section 318(d)(3)(D)), the identification of the 5 persons who provided the largest amount of funding to the organization for any purpose, together with the amount of funding each such person provided, during the 12- month period which ends on the date on which the organization made the independent expenditure.''. (2) Posting of information on website.--Section 304(c) of such Act (2 U.S.C. 434(c)) is amended by adding at the end the following new paragraph: ``(4) Each covered section 501(c) organization or political organization which is required to include the information described in paragraph (2)(D) in the statements required to be filed under this subsection shall post and maintain such information on a publicly available official website of the organization.''. (b) Reports on Electioneering Communications.-- (1) Contents of statements.--Section 304(f)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(f)(2)) is amended by adding at the end the following new subparagraph: ``(G) If the person making the disbursement is a covered section 501(c) organization or a political organization (as such terms are defined in section 318(d)(3)(D)), the identification of the 5 persons who provided the largest amount of funding to the person for any purpose, together with the amount of funding each such person provided, during the 12-month period which ends on the date on which the organization made the disbursement.''. (2) Posting of information on website.--Section 304(f) of such Act (2 U.S.C. 434(f)) is amended by adding at the end the following new paragraph: ``(8) Posting certain donor information on website.--Each covered section 501(c) organization or political organization which is required to include the information described in paragraph (2)(G) in the statements required to be filed under this subsection shall post and maintain such information on a publicly available official website of the organization.''. (c) Effective Date.--The amendments made by this section shall apply with respect to statements filed after the date of the enactment of this Act.

Stand By Your Ad Act of 2010 - Amends the Federal Election Campaign Act of 1971 to require certain campaign-related communications which are paid for by certain tax-exempt organizations or political organizations to include a statement naming their five largest donors. Requires organizations to include information on their largest donors in reports on independent expenditures and electioneering communications.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthen And Fortify Existing Bridges Act of 2017'' or the ``SAFE Bridges Act of 2017''. SEC. 2. STRENGTHEN AND FORTIFY EXISTING BRIDGES. (a) Definitions.--In this section: (1) Bridge.--The term ``bridge'' means a bridge on a public road, without regard to whether the bridge is on a Federal-aid highway. (2) Eligible bridge.--The term ``eligible bridge'' means a bridge that is structurally deficient. (3) Federal-aid highway.--The term ``Federal-aid highway'' has the meaning given the term in section 101(a) of title 23, United States Code. (4) Public road.--The term ``public road'' has the meaning given the term in section 101(a) of title 23, United States Code. (5) Rehabilitation.--The term ``rehabilitation'' means, with respect to a bridge, the carrying out of major work necessary, as determined by the Secretary-- (A) to restore the structural integrity of the bridge; or (B) to correct a major safety defect of the bridge. (6) Replacement.--The term ``replacement'' means, with respect to a bridge, the construction of a new facility that, as determined by the Secretary, is in the same general traffic corridor as the replaced bridge. (7) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (8) State.--The term ``State'' means-- (A) a State; (B) the District of Columbia; and (C) the Commonwealth of Puerto Rico. (9) Structurally deficient.--The term ``structurally deficient'', with respect to a bridge, means a bridge that, as determined by the Secretary-- (A) has significant load-carrying elements that are in poor or worse condition due to deterioration, damage, or both; (B) has a load capacity that is significantly below truckloads using the bridge and that requires replacement; or (C) has a waterway opening causing frequent flooding of the bridge deck and approaches resulting in significant traffic interruptions. (b) Establishment.--Not later than 30 days after the date of enactment of this Act, the Secretary shall establish a program to assist States to rehabilitate or replace eligible bridges. (c) Apportionment of Funds.-- (1) In general.--Amounts made available to carry out the program established under subsection (b) for a fiscal year shall be apportioned to each State according to the ratio that-- (A) the total cost to rehabilitate or replace eligible bridges in that State; bears to (B) the total cost to rehabilitate or replace eligible bridges in all States. (2) Calculation of total cost.-- (A) In general.--For purposes of the calculation under paragraph (1), the Secretary shall multiply the deck area of eligible bridges by the unit price on a State-by-State basis, as determined by the Secretary, to determine the total cost to rehabilitate or replace eligible bridges in each State. (B) Data used in making determinations.--The Secretary shall make determinations under this subsection based on the latest available data, which shall be updated not less than annually. (C) Use of existing inventories.--To the extent practicable, the Secretary shall make determinations under this subsection using inventories prepared under section 144 of title 23, United States Code. (d) Use of Funds.--Funds apportioned to a State under the program established under subsection (b) shall-- (1) be used by that State for the rehabilitation and replacement of eligible bridges; (2) except as otherwise specified in this section, be administered as if apportioned under chapter 1 of title 23, United States Code, except that the funds shall not be transferable; (3) be subject to the requirements described in section 1101(b) of the FAST Act (23 U.S.C. 101 note; 129 Stat. 1323) in the same manner as amounts made available for programs under titles I, II, and III of that Act; and (4) not be subject to any limitation on obligations for Federal-aid highways or highway safety construction programs set forth in any Act. (e) Condition at Project Completion.--On completion of the rehabilitation or replacement, a bridge that is rehabilitated or replaced under the program established under subsection (b) may not be structurally deficient. (f) Federal Share.--The Federal share of the cost of a project carried out with funds apportioned to a State under the program established under subsection (b) shall be 100 percent. (g) Reapportionment of Unobligated Funds.--Any funds apportioned to a State under the program established under subsection (b) and not obligated by that State at the end of the third fiscal year beginning after the fiscal year during which the funds were apportioned shall be withdrawn from that State and reapportioned by the Secretary to States that have not had funds withdrawn under this subsection in accordance with the formula under subsection (c). (h) Nonsubstitution.--In carrying out the program established under subsection (b), the Secretary shall ensure that funding made available to a State under the program supplements, and does not supplant-- (1) other Federal funding made available for the rehabilitation or replacement of eligible bridges; and (2) the planned obligations of that State with respect to eligible bridges. (i) Prevailing Rate of Wage.--Section 113 of title 23, United States Code, shall apply to this section. (j) Report.--Not later than 1 year after the date of enactment of this Act, and each year thereafter if States obligated funds apportioned under the program established under subsection (b) during that year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes the amounts obligated by each State for projects under the program. (k) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $2,750,000,000 for each of fiscal years 2017 through 2020, to remain available until expended.

Strengthen And Fortify Existing Bridges Act of 2017 or the SAFE Bridges Act of 2017 This bill directs the Department of Transportation to establish a program to assist states to rehabilitate or replace bridges found to be structurally deficient. States shall use apportioned program funds for projects to rehabilitate and replace such bridges. The federal share of project costs is 100%. Prevailing rate of wage requirements for construction of federal-aid highways projects shall apply to such projects.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Startup Innovation Credit Act of 2014''. SEC. 2. TREATMENT OF RESEARCH CREDIT FOR CERTAIN STARTUP COMPANIES. (a) In General.--Section 41 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(i) Treatment of Credit for Qualified Small Businesses.-- ``(1) In general.--At the election of a qualified small business for any taxable year, section 3111(f) shall apply to the payroll tax credit portion of the credit otherwise determined under subsection (a) for the taxable year and such portion shall not be treated (other than for purposes of section 280C) as a credit determined under subsection (a). ``(2) Payroll tax credit portion.--For purposes of this subsection, the payroll tax credit portion of the credit determined under subsection (a) with respect to any qualified small business for any taxable year is the least of-- ``(A) the amount specified in the election made under this subsection, ``(B) the credit determined under subsection (a) for the taxable year (determined before the application of this subsection), or ``(C) in the case of a qualified small business other than a partnership or S corporation, the amount of the business credit carryforward under section 39 carried from the taxable year (determined before the application of this subsection to the taxable year). ``(3) Qualified small business.--For purposes of this subsection-- ``(A) In general.--The term `qualified small business' means, with respect to any taxable year-- ``(i) a corporation or partnership, if-- ``(I) the gross receipts (as determined under the rules of section 448(c)(3), without regard to subparagraph (A) thereof) of such entity for the taxable year is less than $5,000,000, and ``(II) such entity did not have gross receipts (as so determined) for any taxable year preceding the 5- taxable-year period ending with such taxable year, and ``(ii) any person (other than a corporation or partnership) who meets the requirements of subclauses (I) and (II) of clause (i), determined-- ``(I) by substituting `person' for `entity' each place it appears, and ``(II) by only taking into account the aggregate gross receipts received by such person in carrying on all trades or businesses of such person. ``(B) Limitation.--Such term shall not include an organization which is exempt from taxation under section 501. ``(4) Election.-- ``(A) In general.--Any election under this subsection for any taxable year-- ``(i) shall specify the amount of the credit to which such election applies, ``(ii) shall be made on or before the due date (including extensions) of-- ``(I) in the case of a qualified small business which is a partnership, the return required to be filed under section 6031, ``(II) in the case of a qualified small business which is an S corporation, the return required to be filed under section 6037, and ``(III) in the case of any other qualified small business, the return of tax for the taxable year, and ``(iii) may be revoked only with the consent of the Secretary. ``(B) Limitations.-- ``(i) Amount.--The amount specified in any election made under this subsection shall not exceed $250,000. ``(ii) Number of taxable years.--A person may not make an election under this subsection if such person (or any other person treated as a single taxpayer with such person under paragraph (5)(A)) has made an election under this subsection for 5 or more preceding taxable years. ``(C) Special rule for partnerships and s corporations.--In the case of a qualified small business which is a partnership or S corporation, the election made under this subsection shall be made at the entity level. ``(5) Aggregation rules.-- ``(A) In general.--Except as provided in subparagraph (B), all persons or entities treated as a single taxpayer under subsection (f)(1) shall be treated as a single taxpayer for purposes of this subsection. ``(B) Special rules.--For purposes of this subsection and section 3111(f)-- ``(i) each of the persons treated as a single taxpayer under subparagraph (A) may separately make the election under paragraph (1) for any taxable year, and ``(ii) the $250,000 amount under paragraph (4)(B)(i) shall be allocated among all persons treated as a single taxpayer under subparagraph (A) in the same manner as under subparagraph (A)(ii) or (B)(ii) of subsection (f)(1), whichever is applicable. ``(6) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including-- ``(A) regulations to prevent the avoidance of the purposes of the limitations and aggregation rules under this subsection through the use of successor companies or other means, ``(B) regulations to minimize compliance and recordkeeping burdens under this subsection, and ``(C) regulations for recapturing the benefit of credits determined under section 3111(f) in cases where there is a subsequent adjustment to the payroll tax credit portion of the credit determined under subsection (a), including requiring amended income tax returns in the cases where there is such an adjustment.''. (b) Credit Allowed Against FICA Taxes.--Section 3111 of such Code is amended by adding at the end the following new subsection: ``(f) Credit for Research Expenditures of Qualified Small Businesses.-- ``(1) In general.--In the case of a taxpayer who has made an election under section 41(i) for a taxable year, there shall be allowed as a credit against the tax imposed by subsection (a) for the first calendar quarter which begins after the date on which the taxpayer files the return specified in section 41(i)(4)(A)(ii) an amount equal to the payroll tax credit portion determined under section 41(i)(2). ``(2) Limitation.--The credit allowed by paragraph (1) shall not exceed the tax imposed by subsection (a) for any calendar quarter on the wages paid with respect to the employment of all individuals in the employ of the employer. ``(3) Carryover of unused credit.--If the amount of the credit under paragraph (1) exceeds the limitation of paragraph (2) for any calendar quarter, such excess shall be carried to the succeeding calendar quarter and allowed as a credit under paragraph (1) for such quarter. ``(4) Deduction allowed for credited amounts.--The credit allowed under paragraph (1) shall not be taken into account for purposes of determining the amount of any deduction allowed under chapter 1 for taxes imposed under subsection (a).''. (c) Effective Date.--The amendments made by this section shall apply to credits determined for taxable years beginning after December 31, 2013.

Startup Innovation Credit Act of 2014 - Amends the Internal Revenue Code to allow a qualified small business to elect to use a portion of its tax credit for increasing research expenditures as an offset against its payroll tax liability under the Federal Insurance Contributions Act (FICA). Defines "qualified small business" as a corporation, a partnership, or a person other than a tax-exempt organization that had gross receipts of less than $5 million for the taxable year and that did not have gross receipts for any period preceding the five-taxable-year period ending with such taxable year. Limits: (1) the number of years a taxpayer may elect to offset payroll taxes under this Act to five, and (2) the annual amount of such offset to $250,000.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricanes Rita and Wilma Financial Services Relief Act of 2005''. SEC. 2. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Appropriate federal banking agency.--The term ``appropriate Federal banking agency'' has the same meaning as in section 3 of the Federal Deposit Insurance Act. (2) Insured credit union.--The term ``insured credit union'' has the same meaning as in section 101 of the Federal Credit Union Act. (3) Insured depository institution.--The term ``insured depository institution'' has the same meaning as in section 3 of the Federal Deposit Insurance Act. (4) Qualified disaster area.--The term ``qualified disaster area'' means-- (A) any area within Louisiana or Texas in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined, on or after September 24, 2005, that a major disaster exists due to Hurricane Rita; and (B) any area within Florida in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined, on or after October 22, 2005, that a major disaster exists due to Hurricane Wilma. SEC. 3. SENSE OF THE CONGRESS ON CASHING OF GOVERNMENT CHECKS. It is the sense of the Congress that-- (1) it is vital that insured depository institutions and insured credit unions continue to provide financial services to consumers displaced or otherwise affected by Hurricane Rita or Hurricane Wilma, which includes the cashing of Federal government assistance and benefit checks; (2) the Secretary of the Treasury and the Federal financial regulators should seek to educate insured depository institutions and insured credit unions on the proper application of the guidance issued by the Secretary on cashing of Federal government assistance and benefit checks and published in the Federal Register while such guidance is in effect; and (3) the Federal financial regulators should continue to work with the insured depository institutions and insured credit unions operating under extraordinary circumstances to facilitate the cashing of Federal government assistance and benefit checks. SEC. 4. WAIVER OF FEDERAL RESERVE BOARD FEES FOR CERTAIN SERVICES. Notwithstanding section 11A of the Federal Reserve Act or any other provision of law, during the effective period of this section, a Federal reserve bank shall waive or rebate any transaction fee for wire transfer services that otherwise would be imposed on any insured depository institution or insured credit union that-- (1) as of September 24, 2005, was headquartered in a qualified disaster area described in section 2(4)(A); or (2) as of October 22, 2005, was headquartered in a qualified disaster area described in section 2(4)(B). SEC. 5. FLEXIBILITY IN CAPITAL AND NET WORTH STANDARDS FOR AFFECTED INSTITUTIONS. (a) In General.--Notwithstanding section 38 of the Federal Deposit Insurance Act, section 216 of the Federal Credit Union Act, or any other provision of Federal law, during the 18-month period beginning on the date of enactment of this Act, the appropriate Federal banking agency and the National Credit Union Administration may forbear from taking any action required under any such section or provision, on a case-by-case basis, with respect to any undercapitalized insured depository institution or undercapitalized insured credit union that is not significantly or critically undercapitalized, if such agency or Administration determines that-- (1) the insured depository institution or insured credit union derives more than 50 percent of its total deposits from persons who normally reside within, or whose principal place of business is normally within, a qualified disaster area; (2) the insured depository institution or insured credit union was at least adequately capitalized as of-- (A) September 24, 2005, if the qualified disaster area referred to in paragraph (1) with respect to such depository institution or credit union is the qualified disaster area described in section 2(4)(A); or (B) October 22, 2005, if the qualified disaster area referred to in paragraph (1) with respect to such depository institution or credit union is the qualified disaster area described in section 2(4)(B); (3) the reduction in the capital or net worth category of the insured depository institution or insured credit union is directly attributable to the impact of Hurricane Rita or Hurricane Wilma, as applicable; and (4) forbearance from any such action-- (A) would facilitate the recovery of the insured depository institution or insured credit union from the disaster in accordance with a recovery plan or a capital or net worth restoration plan established by such depository institution or credit union; and (B) would be consistent with safe and sound practices. (b) Capital and Net Worth Categories Defined.--For purposes of this section, the terms relating to capital categories for insured depository institutions have the same meaning as in section 38(b)(1) of the Federal Deposit Insurance Act and the terms relating to net worth categories for insured credit unions have the same meaning as in section 216(c)(1) of the Federal Credit Union Act. SEC. 6. DEPOSIT OF INSURANCE PROCEEDS. (a) In General.--The appropriate Federal banking agency and the National Credit Union Administration may, by order, permit an insured depository institution or insured credit union, during the 18-month period beginning on the date of enactment of this Act, to subtract from such institution's or credit union's total assets in calculating compliance with the leverage limit, applicable under section 38 of the Federal Deposit Insurance Act or section 216(c)(2) of the Federal Credit Union Act with respect to such insured depository institution or insured credit union, an amount not exceeding the qualifying amount attributable to insurance proceeds, if the agency or Administration determines that-- (1) such institution or credit union-- (A) derives more than 50 percent of its total deposits from persons who normally reside within, or whose principal place of business is normally within, a qualified disaster area; (B) was at least adequately capitalized as of-- (i) September 24, 2005, if the qualified disaster area referred to in subparagraph (A) with respect to such depository institution or credit union is the qualified disaster area described in section 2(4)(A); (ii) October 22, 2005, if the qualified disaster area referred to in subparagraph (A) with respect to such depository institution or credit union is the qualified disaster area described in section 2(4)(B); and (C) has an acceptable plan for managing the increase in its total assets and total deposits; and (2) the subtraction is consistent with the purpose of section 38 of the Federal Deposit Insurance Act, in the case of an insured depository institution, and section 216 of the Federal Credit Union Act, in the case of an insured credit union. (b) Definitions.--For purposes of this section, the following definitions shall apply: (1) Leverage limit.--The term ``leverage limit''-- (A) with respect to an insured depository institution, has the same meaning as in section 38 of the Federal Deposit Insurance Act; and (B) with respect to an insured credit union, means the net worth ratio that corresponds to the leverage limit, as established in accordance with section 216(c)(2). (2) Qualifying amount attributable to insurance proceeds.-- The term ``qualifying amount attributable to insurance proceeds'' means the amount (if any) by which the institution's or credit union's total assets exceed the institution's or credit union's average total assets during the calendar quarter ending before the date of the earliest Presidential determination referred to in section 2(4), because of the deposit of insurance payments or governmental assistance, including government disaster relief payments, made with respect to damage caused by, or other costs resulting from, the major disaster within a qualified disaster area. SEC. 7. EFFECTIVE PERIOD. (a) In General.--Except as provided in sections 3(2), 5(a), and 6(a) and subject to subsection (b), the provisions of this Act shall not apply after the end of the 180-day period beginning on the date of the enactment of this Act. (b) 30-Day Extension Authorized.--With respect to the provisions of section 4, the 180-day period referred to in subsection (a) may be extended for 1 additional 30-day period upon a determination by the Board of Governors of the Federal Reserve System that such extension is appropriate to achieve the purposes of this Act.

Hurricanes Rita and Wilma Financial Services Relief Act of 2005 - Expresses the sense of Congress that it is vital that insured depository institutions and insured credit unions continue to provide financial services to consumers displaced or otherwise affected by Hurricane Rita or Wilma, which includes the cashing of federal government assistance and benefit checks. Urges the Secretary of the Treasury and federal financial regulators to seek to educate insured depository institutions and insured credit unions on the proper application of the published guidance on the cashing of such checks. Urges the federal financial regulators to continue to work with such institutions and credit unions operating under extraordinary circumstances to facilitate the cashing of such checks. Requires a federal reserve bank to waive or rebate any transaction fee for wire transfer services that otherwise would be imposed on any insured depository institution or insured credit union that, as of September 24, 2005, or October 22, 2005, was headquartered in a specified qualified disaster area. Authorizes a federal financial regulator to forbear from taking any required action, on a case-by-case basis, with respect to any undercapitalized insured depository institution or credit union that is not significantly or critically undercapitalized, if the entity meets specified prerequisites, and the reduction in its capital or net worth category is directly attributable to the impact of Hurricane Rita or Hurricane Wilma. Authorizes a federal financial regulator to permit an insured depository institution or credit union to subtract specified amounts from its total assets in calculating compliance with the applicable leverage limit if it meets specified prerequisites and has an acceptable plan for managing the increase in its total assets and deposits. Identifies such an insured depository institution or credit union as one that: (1) derives more than 50% of its total deposits from persons who normally reside within, or whose principal place of business is normally within, a qualified disaster area; and (2) was adequately capitalized as of September 24, 2005, or October 22, 2005.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pell for Performance Act''. SEC. 2. REPAYMENT FOR FAILURE TO COMPLETE PROGRAM. Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) is amended-- (1) in subsection (c), by striking ``The period'' and inserting ``Except as provided in subsection (k), the period''; and (2) by adding at the end the following: ``(k) Repayment for Failure To Complete Program.-- ``(1) In general.--Except as provided in paragraph (3), if a recipient of a Federal Pell Grant fails to complete the program for which the Federal Pell Grant was awarded within the maximum timeframe for completion of such program, the sum of the amounts of any Federal Pell Grants received by the recipient for the program shall-- ``(A) be treated as a Federal Direct Unsubsidized Stafford Loan under part D; and ``(B) be subject to repayment, together with interest thereon accruing from the date of the grant award, in accordance with terms and conditions specified by the Secretary. ``(2) Period for completion.--For purposes of this subsection, the term `maximum timeframe', used with respect to the completion of an undergraduate program, has the meaning given such term in paragraph (1) or (2) of section 668.34(b) of title 34, Code of Federal Regulations (as in effect on the date of enactment of this Act), as applicable to such program. ``(3) Exceptions.-- ``(A) In general.--Paragraph (1) shall not apply with respect to a student who fails to complete a program within the maximum timeframe for completion of such program-- ``(i) because the student enrolls in another program at an institution of higher education-- ``(I) not later than 12 months after the date of the student's last day of the previous program; and ``(II) for which the previous program provided substantial preparation; ``(ii) in the case of a student who has a Federal Pell Grant that is being treated as a loan under paragraph (1) and who meets the requirements of subparagraph (B) of this paragraph, with respect to a subsequent Federal Pell Grant for which the student is eligible and which is awarded beyond such maximum timeframe; or ``(iii) due to undue hardship, including-- ``(I) active duty military service; ``(II) the death of a relative of the student; ``(III) the personal injury or illness of the student; or ``(IV) other special circumstances as determined by the institution. ``(B) Requirements.--In order to qualify for the exception under subparagraph (A)(ii) of this paragraph, a student shall-- ``(i) have a Federal Pell Grant that is being treated as a loan under paragraph (1) for which the student has met the loan repayment obligations for not less than 6 months; and ``(ii) not be an individual described in paragraph (4)(B). ``(4) Loss of federal pell grant eligibility.-- ``(A) Default.--An individual who is in default of an obligation to repay a Federal Pell Grant that is being treated as a loan under paragraph (1) shall be ineligible to receive a Federal Pell Grant under this section. ``(B) Second time dropout.--An individual who has received a Federal Pell Grant for enrollment in a program that is being treated as a loan under paragraph (1), and who leaves such program for a second time (other than for a reason described in clause (i) or (iii) of paragraph (3)(A)), shall be ineligible to receive a Federal Pell Grant under this section. ``(5) Notice.--The Secretary shall ensure that each recipient of a Federal Pell Grant receives notice of the terms of this subsection. ``(6) Record.--An institution shall keep a record that tracks the progress (including the graduation and default rate) of any student described in paragraph (3)(B) who receives a Federal Pell Grant for enrollment in a program beyond the maximum timeframe for completion of such program.''.

Pell for Performance Act This bill amends the Higher Education Act of 1965 to modify the Federal Pell Grant program. Specifically, if a Pell Grant recipient fails to complete an education program within the maximum timeframe for completion, then the Pell Grants received for such program convert to a Federal Direct Unsubsidized Stafford Loan and are subject to repayment, in accordance with applicable terms and conditions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Dental Insurance Reauthorization Act of 2016''. SEC. 2. DENTAL INSURANCE PLAN FOR VETERANS AND SURVIVORS AND DEPENDENTS OF VETERANS. (a) Dental Insurance Plan.-- (1) In general.--Subchapter II of chapter 17 of title 38, United States Code, is amended by inserting after section 1712B the following new section: ``Sec. 1712C. Dental insurance plan for veterans and survivors and dependents of veterans ``(a) In General.--The Secretary shall establish and administer a dental insurance plan for veterans and survivors and dependents of veterans described in subsection (b). ``(b) Covered Veterans and Survivors and Dependents.--The veterans and survivors and dependents of veterans described in this subsection are as follows: ``(1) Any veteran who is enrolled in the system of annual patient enrollment under section 1705 of this title. ``(2) Any survivor or dependent of a veteran who is eligible for medical care under section 1781 of this title. ``(c) Administration.--The Secretary shall contract with a dental insurer to administer the dental insurance plan under this section. ``(d) Benefits.--The dental insurance plan under this section shall provide such benefits for dental care and treatment as the Secretary considers appropriate for the dental insurance plan, including diagnostic services, preventative services, endodontics and other restorative services, surgical services, and emergency services. ``(e) Enrollment.--(1) Enrollment in the dental insurance plan under this section shall be voluntary. ``(2) Enrollment in the dental insurance plan shall be for such minimum period as the Secretary shall prescribe for purposes of this section. ``(f) Premiums.--(1) Premiums for coverage under the dental insurance plan under this section shall be in such amount or amounts as the Secretary shall prescribe to cover all costs associated with carrying out this section. ``(2) The Secretary shall adjust the premiums payable under this section for coverage under the dental insurance plan on an annual basis. Each individual covered by the dental insurance plan at the time of such an adjustment shall be notified of the amount and effective date of such adjustment. ``(3) Each individual covered by the dental insurance plan shall pay the entire premium for coverage under the dental insurance plan, in addition to the full cost of any copayments. ``(g) Voluntary Disenrollment.--(1) With respect to enrollment in the dental insurance plan under this section, the Secretary shall-- ``(A) permit the voluntary disenrollment of an individual in the dental insurance plan if the disenrollment occurs during the 30-day period beginning on the date of the enrollment of the individual in the dental insurance plan; and ``(B) permit the voluntary disenrollment of an individual in the dental insurance plan for such circumstances as the Secretary shall prescribe for purposes of this subsection, but only to the extent such disenrollment does not jeopardize the fiscal integrity of the dental insurance plan. ``(2) The circumstances prescribed under paragraph (1)(B) shall include the following: ``(A) If an individual enrolled in the dental insurance plan relocates to a location outside the jurisdiction of the dental insurance plan that prevents use of the benefits under the dental insurance plan. ``(B) If an individual enrolled in the dental insurance plan is prevented by a serious medical condition from being able to obtain benefits under the dental insurance plan. ``(C) Such other circumstances as the Secretary shall prescribe for purposes of this subsection. ``(3) The Secretary shall establish procedures for determinations on the permissibility of voluntary disenrollments under paragraph (1)(B). Such procedures shall ensure timely determinations on the permissibility of such disenrollments. ``(h) Relationship to Dental Care Provided by Secretary.--Nothing in this section shall affect the responsibility of the Secretary to provide dental care under section 1712 of this title, and the participation of an individual in the dental insurance plan under this section shall not affect the entitlement of the individual to outpatient dental services and treatment, and related dental appliances, under such section 1712. ``(i) Regulations.--The dental insurance plan under this section shall be administered under such regulations as the Secretary shall prescribe. ``(j) Termination.--This section terminates on December 31, 2021.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1712B the following new item: ``1712C. Dental insurance plan for veterans and survivors and dependents of veterans.''. (b) Conforming Repeal.-- (1) In general.--Section 510 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 38 U.S.C. 1712 note) is repealed. (2) Clerical amendment.--The table of contents for the Caregivers and Veterans Omnibus Health Services Act of 2010 is amended by striking the item relating to section 510.

Department of Veterans Affairs Dental Insurance Reauthorization Act of 2016 This bill directs the Department of Veterans Affairs (VA) to establish and administer a dental insurance plan for veterans enrolled in the system of annual patient enrollment under federal veterans' benefits provisions and for veterans' survivors and dependents who are eligible for medical care under such provisions. The VA shall contract with a dental insurer to administer the plan. Benefits shall include diagnostic services, preventative services, endodontics and other restorative services, surgical services, and emergency services. Enrollment shall be voluntary. The VA shall: (1) prescribe the minimum enrollment period, and (2) prescribe and annually adjust the premiums necessary to cover costs associated with carrying out the plan. Each individual covered by the plan shall pay the entire premium and the full cost of any copayments. The VA shall permit voluntary disenrollment within 30 days after initial enrollment and under other specified circumstances the VA shall prescribe to the extent that such disenrollment does not jeopardize the fiscal integrity of the plan. This bill's provisions terminate on December 31, 2021.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care and Housing for Women and Children Act of 1993''. TITLE I--MATERNAL HEALTH CERTIFICATES PROGRAM SEC. 101. MATERNAL HEALTH CERTIFICATES FOR ELIGIBLE PREGNANT WOMEN. (a) Establishment of Maternal Health Certificates for Eligible Pregnant Women.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall establish a program to provide maternal health certificates for eligible pregnant women to use to cover expenses incurred in receiving services at a maternity and housing services facility. (b) Eligibility of Individuals.-- (1) In general.--A pregnant woman is eligible to receive a maternal health certificate under the program established under subsection (a) if the woman-- (A) has an annual individual income (determined without taking into account the income of any parent or guardian of the individual) not greater than 175 percent of the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to such individual; and (B) provides the Secretary with such other information and assurances as the Secretary may require. (2) Income of estranged spouse not included.--In determining the income of an individual for purposes of paragraph (1)(A), there shall not be included the income of a spouse if the spouse has been living apart from the woman for not less than 6 months. (3) Participation in afdc program not required.--An individual otherwise eligible to receive a maternal health certificate under the program established under subsection (a) shall not be found ineligible to receive such a certificate solely on the grounds that the individual does not receive aid under the State plan for aid to families with dependent children under part A of title IV of the Social Security Act. (c) Limitations on Amount of Expenses Incurred.--A certificate received under the program established under subsection (a) may be used to cover an amount of expenses incurred by an individual at a maternity housing and services facility that does not exceed an amount equal to-- (1) $100; multiplied by (2) the number of days during which such services are provided to the individual at such facility. (d) Definitions.--For purposes of this section: (1) Maternity and housing services facility.--The term ``maternity and housing services facility'' means a nonprofit facility licensed or otherwise approved by the State in which the facility is located to serve as a residence for not fewer than 4 pregnant women during pregnancy and for a limited period after the date on which the child carried during the pregnancy is born, as the Secretary may determine, that provides such pregnant women with appropriate supportive services, which may include the following supportive services: (A) Room and board. (B) Medical care (provided either at the facility or off-site) for the woman and her child, including prenatal, delivery, and post-delivery care. (C) Instruction and counseling regarding future health care for the woman and her child. (D) Nutrition services and nutrition counseling. (E) Counseling and education concerning all aspects of prenatal care, childbirth, and motherhood. (F) General family counseling, including child and family development counseling. (G) Adoption counseling. (H) Vocational and educational counseling and services. (I) Basic transportation services to enable the woman to obtain services from the facility. (2) Pregnant woman.--The term ``pregnant woman'' means a woman determined to have one or more fetuses in utero. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (e) Authorization of Appropriations.--There are authorized to be appropriated for maternal health certificates under this section-- (1) $50,000,000 for fiscal year 1993; (2) $75,000,000 for fiscal year 1994; and (3) $100,000,000 for fiscal year 1995. TITLE II--REHABILITATION GRANTS FOR MATERNITY HOUSING AND SERVICES FACILITIES SEC. 201. ESTABLISHMENT OF GRANT PROGRAM. The Secretary of Housing and Urban Development shall carry out a program to provide assistance under this title to eligible nonprofit entities for rehabilitation of existing structures for use as facilities to provide housing and services to pregnant women. SEC. 202. AUTHORITY AND APPLICATIONS. (a) Authority.--The Secretary may make grants under the program under this title to eligible nonprofit entities to rehabilitate existing structures for use as maternity housing and services facilities. (b) Applications.--The Secretary may make grants only to nonprofit entities that submit applications for grants under this title in the form and manner that the Secretary shall prescribe, which shall include assurances that grant amounts will be used to provide a maternity housing and services facility. SEC. 203. GRANT LIMITATIONS. (a) Maximum Grant Amount.--A grant under this title may not be in an amount greater than $1,000,000. An eligible nonprofit entity may not receive more than 1 grant under this title in any fiscal year. (b) Maximum Number of Grants.--The Secretary may not make grants under this title to more than 100 eligible nonprofit entities in any fiscal year. (c) Use of Grants for Rehabilitation Activities.--Any eligible nonprofit entity that receives a grant under this title shall use the grant amounts for the acquisition or rehabilitation (or both) of existing structures for use as a maternity housing and services facility, which may include planning and development costs, professional fees, and administrative costs related to such acquisition or rehabilitation. SEC. 204. REPORTS. The Secretary shall require each eligible nonprofit entity that receives a grant under this title to submit to the Secretary a report, at such times and including such information as the Secretary shall determine, describing the activities carried out by the eligible nonprofit entity with the grant amounts. SEC. 205. DEFINITIONS. For purposes of this title: (1) Eligible nonprofit entities.--The term ``eligible nonprofit entity'' means any organization that-- (A) is described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under subtitle A of such Code; and (B) has submitted an application under section 702(b) for a grant under this title. (2) Maternity housing and services facility.--The term ``maternity housing and services facility'' means a facility licensed or otherwise approved by the State in which the facility is located to serve as a residence for not fewer than 4 pregnant women during pregnancy and for a limited period after the date on which the child carried during the pregnancy is born, as the Secretary may determine, that provides such pregnant women with appropriate supportive services, which may include the following services: (A) Room and board. (B) Medical care for the woman and her child, including prenatal, delivery, and post-delivery care. (C) Instruction and counseling regarding future health care for the woman and her child. (D) Nutrition services and nutrition counseling. (E) Counseling and education concerning all aspects of prenatal care, childbirth, and motherhood. (F) General family counseling, including child and family development counseling. (G) Adoption counseling. (H) Vocational and educational counseling and services. (I) Basic transportation services to enable the woman to obtain services from the facility. (J) Any other appropriate supportive services. (3) Pregnant woman.--The term ``pregnant woman'' means a woman determined to have one or more fetuses in utero. (4) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 206. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title $25,000,000 for fiscal year 1993, $40,000,000 for fiscal year 1994, and $60,000,000 for fiscal year 1995.

TABLE OF CONTENTS: Title I: Maternal Health Certificates Program Title II: Rehabilitation Grants for Maternity Housing and Services Facilities Health Care and Housing for Women and Children Act of 1993 - Title I: Maternal Health Certificates Program - Directs the Secretary of Health and Human Services to establish a program to provide maternal health certificates for eligible pregnant women to cover expenses incurred at a maternity and housing services facility. Authorizes appropriations. Title II: Rehabilitation Grants for Maternity Housing and Services Facilities - Directs the Secretary to establish a program of rehabilitation grants for maternity housing and services facilities. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive National Mercury Monitoring Act''. SEC. 2. FINDINGS. Congress finds that (1)(A) mercury is a potent neurotoxin of significant ecological and public health concern; (B) exposure to mercury occurs largely by consumption of contaminated fish; (C) children and women of childbearing age who consume large quantities of fish are at high risk of adverse effects; (D) it is estimated that more than 630,000 children born each year in the United States are exposed to levels of mercury in the womb that are high enough to impair neurological development; and (E) the Centers for Disease Control and Prevention have found that 8 percent of women in the United States of childbearing age have blood mercury levels in excess of values determined to be safe by the Environmental Protection Agency; (2)(A) as of 2006, 3,080 fish consumption advisories due to mercury contamination have been issued for 48 States, including 23 statewide advisories for freshwater and 12 statewide advisories for coastal waters; (B) that is a 26 percent increase over the number of advisories issued in 2004; (C) those advisories represent more than 22,000 square miles of lakes and 882,000 miles of rivers; (D) however, fish and shellfish are an important source of dietary protein, and a healthy fishing resource is important to the economy of the United States; and (E) the extent of fish consumption advisories underscores the extensive human and ecological health risk posed by mercury pollution; (3)(A) in many locations, the primary route for mercury input to aquatic ecosystems is atmospheric emissions, transport, and deposition; (B) the cycling of mercury in the environment and resulting accumulation in biota are not fully understood; and (C) computer models and other assessment tools provide varying effectiveness in predicting mercury concentrations in fish, and no broad-scale data sets exist to test model predictions; (4)(A) on September 14 through 17, 2003, the Environmental Protection Agency cosponsored a Society of Environmental Toxicology and Chemistry workshop involving more than 30 international experts to formulate a system to quantify and document mercury changes in the various environment fields resulting from anticipated reductions in mercury emissions in the United States; and (B) the resulting plan proposes a holistic, multimedia, long-term mercury monitoring program that is documented in 2 sources-- (i) on January 1, 2005, the article entitled ``Monitoring the Response to Changing Mercury Deposition'' was published in the journal Environmental Science and Technology; and (ii) in 2008, the book entitled ``Ecosystem Responses to Mercury Contamination: Indicators of Change'' was published by CRC Press; (5) as of the date of enactment of this Act, many regulations limiting mercury emissions from different sources have gone into effect or will be implemented, but ongoing monitoring programs are not adequately measuring the environmental benefits and effectiveness of mercury emission controls; (6) on May 15, 2006, the Office of Inspector General of the Environmental Protection Agency issued a report entitled, ``Monitoring Needed to Assess Impact of EPA's Clean Air Mercury Rule (CAMR) on Potential Hotspots'', Report No. 2006-P-0025, which states, in part-- (A) ``Without field data from an improved monitoring network, EPA's ability to advance mercury science will be limited and `utility-attributable hotspots' that pose health risks may occur and go undetected''; and (B) ``We recommend that the EPA develop and implement a mercury monitoring plan to assess the impact of CAMR, if adopted, on mercury deposition and fish tissue and evaluate and refine mercury estimation tools and models''; (7)(A) on January 1, 2007, the articles entitled ``Biological Mercury Hotspots in the Northeastern U.S. and Southeastern Canada'' and ``Contamination in Remote Forest and Aquatic Ecosystems in the Northeastern U.S.: Sources, Transformations and Management Options'' were published in the journal BioScience; and (B) the authors of the articles-- (i) identified 5 biological mercury hotspots and 9 areas of concern in the northeastern United States and southeastern Canada associated primarily with atmospheric mercury emissions and deposition; (ii) located an area of particularly high mercury deposition adjacent to a coal-fired utility in southern New Hampshire; and (iii) concluded that local impacts from mercury emissions should be closely monitored in order to assess the impact of Federal and State policies; and (8)(A) building on previous efforts in 2003, on May 5 through 7, 2008, the Environmental Protection Agency coconvened a workshop with experts from the United States Geological Survey, the National Oceanic and Atmospheric Administration, the United States Fish and Wildlife Service, the National Park Service, State and tribal agencies, the BioDiversity Research Institute, the National Atmospheric Deposition Program, industry, and other institutions; (B) more than 50 workshop scientists participated and agreed on a goal and major design elements for a national mercury monitoring program, including a national distribution of approximately 20 intensive sites to understand the sources, consequences, and trends in United States mercury pollution; (C) the consortium found that ``policy makers, scientists and the public need a comprehensive and integrated mercury monitoring network to accurately quantify regional and national changes in atmospheric deposition, ecosystem contamination, and bioaccumulation of mercury in fish and wildlife in response to changes in mercury emissions.''; and (D) the workshop findings are published in a report of the Environmental Protection Agency (430-K-09-001). SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Advisory committee.--The term ``Advisory Committee'' means the Mercury Monitoring Advisory Committee established under section 5. (3) Ancillary measure.--The term ``ancillary measure'' means a measure that is used to understand the impact and interpret results of measurements under the program. (4) Ecoregion.--The term ``ecoregion'' means a large area of land and water that contains a geographically distinct assemblage of natural communities, including similar land forms, climate, ecological processes, and vegetation. (5) Mercury export.--The term ``mercury export'' means mercury flux from a watershed to the corresponding water body, or from 1 water body to another water body (such as a lake to a river), generally expressed as mass per unit of time. (6) Mercury flux.--The term ``mercury flux'' means the rate of transfer of mercury between ecosystem components (such as between water and air), or between portions of ecosystem components, expressed in terms of mass per unit of time or mass per unit of area per time. (7) Program.--The term ``program'' means the national mercury monitoring program established under section 4. (8) Surface sediment.--The term ``surface sediment'' means sediment in the uppermost 2 centimeters of a lakebed or riverbed. SEC. 4. MONITORING PROGRAM. (a) Establishment.-- (1) In general.--The Administrator, in consultation with the Director of the United States Fish and Wildlife Service, the Director of the United States Geological Survey, the Director of the National Park Service, the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other appropriate Federal agencies, shall establish a national mercury monitoring program. (2) Purpose.--The purpose of the program is to track-- (A) long-term trends in atmospheric mercury concentrations and deposition; and (B) mercury levels in watersheds, surface waters, and fish and wildlife in terrestrial, freshwater, and coastal ecosystems in response to changing mercury emissions over time. (3) Monitoring sites.-- (A) In general.--In carrying out paragraph (1), not later than 1 year after the date of enactment of this Act and in coordination with the Advisory Committee, the Administrator, after consultation with the heads of Federal agencies described in paragraph (1) and considering the requirement for reports under section 6, shall select multiple monitoring sites representing multiple ecoregions of the United States. (B) Locations.--Locations of monitoring sites shall include national parks, wildlife refuges, National Estuarine Research Reserve units, and other sensitive ecological areas that include long-term protection and in which substantive changes are expected from reductions in domestic mercury emissions. (C) Colocation.--If practicable, monitoring sites shall be colocated with sites from other long-term environmental monitoring programs. (4) Monitoring protocols.--Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish and publish standardized measurement protocols for the program under this Act. (5) Data collection and distribution.--Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish a centralized database for existing and newly collected environmental mercury data that can be freely accessed once data assurance and quality standards established by the Administrator are met. (b) Air and Watersheds.-- (1) In general.--The program shall monitor long-term changes in mercury levels and important ancillary measures in the air at locations selected under subsection (a)(3). (2) Measurements.--The Administrator, in consultation with the Director of the United States Fish and Wildlife Service, the Director of the United States Geological Survey, the Director of the National Park Service, the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other appropriate Federal agencies, shall determine appropriate measurements, including-- (A) the measurement and recording of wet and estimation of dry mercury deposition, mercury flux, and mercury export; (B) the measurement and recording of the level of mercury reemitted from aquatic and terrestrial environments into the atmosphere; and (C) the measurement of sulfur species and ancillary measurements at a portion of locations selected under subsection (a)(3) to fully understand the cycling of mercury through the ecosystem. (c) Water and Soil Chemistry.--The program shall monitor long-term changes in mercury and methyl mercury levels and important ancillary measures in the water and soil or sediments at locations selected under subsection (a)(3) that the Administrator, in primary consultation with the Director of the United States Geological Survey, determines to be appropriate, including-- (1) extraction and analysis of soil and sediment cores; (2) measurement and recording of total mercury and methyl mercury concentration, and percent methyl mercury in surface sediments; (3) measurement and recording of total mercury and methyl mercury concentration in surface water; and (4) measurement and recording of total mercury and methyl mercury concentrations throughout the water column and sediments. (d) Aquatic and Terrestrial Organisms.--The program shall monitor long-term changes in mercury and methyl mercury levels and important ancillary measures in the aquatic and terrestrial organisms at locations selected under subsection (a)(3) that the Administrator, in primary consultation with the Director of the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration, determines to be appropriate, including-- (1) measurement and recording of total mercury and methyl mercury concentrations in-- (A) zooplankton and other invertebrates; (B) yearling fish; and (C) commercially, recreationally, or conservation relevant fish; and (2) measurement and recording of total mercury concentrations in-- (A) selected insect- and fish-eating birds; and (B) measurement and recording of total mercury concentrations in selected insect- and fish-eating mammals. SEC. 5. ADVISORY COMMITTEE. (a) Establishment.--There shall be established a scientific advisory committee, to be known as the ``Mercury Monitoring Advisory Committee'', to advise the Administrator and Federal agencies described in section 4(a)(1), on the establishment, site selection, measurement and recording protocols, and operation of the program. (b) Membership.--The Advisory Committee shall consist of scientists who are not employees of the Federal Government, including-- (1) 3 scientists appointed by the Administrator; (2) 2 scientists appointed by the Director of the United States Fish and Wildlife Service; (3) 2 scientists appointed by the Director of the United States Geological Survey; (4) 2 scientists appointed by the Director of the National Park Service; and (5) 2 scientists appointed by the Administrator of the National Oceanic and Atmospheric Administration. SEC. 6. REPORTS AND PUBLIC DISCLOSURE. (a) Reports.--Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Administrator shall submit to Congress a report on the program, including trend data. (b) Assessment.--At least once every 4 years, the report required under subsection (a) shall include an assessment of the reduction in mercury deposition rates that are required to be achieved in order to prevent adverse human and ecological effects. (c) Availability of Data.--The Administrator shall make all data obtained under this Act available to the public through a dedicated website and on written request. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) for fiscal year 2011 to-- (A) the Environmental Protection Agency $15,000,000; (B) the United States Fish and Wildlife Service $9,000,000; (C) the United States Geological Survey $5,000,000; (D) the National Oceanic and Atmospheric Administration $4,000,000; and (E) the National Park Service $4,000,000; (2) for fiscal year 2012 to-- (A) the Environmental Protection Agency $12,000,000; (B) the United States Fish and Wildlife Service $7,000,000; (C) the United States Geological Survey $4,000,000; (D) the National Oceanic and Atmospheric Administration $3,000,000; and (E) the National Park Service $3,000,000; (3) for fiscal year 2013 to-- (A) the Environmental Protection Agency $12,000,000; (B) the United States Fish and Wildlife Service $7,000,000; (C) the United States Geological Survey $4,000,000; (D) the National Oceanic and Atmospheric Administration $3,000,000; and (E) the National Park Service $3,000,000; and (4) such sums as are necessary for each of fiscal years 2014 through 2016 to-- (A) the Environmental Protection Agency; (B) the United States Fish and Wildlife Service; (C) the United States Geological Survey; (D) the National Oceanic and Atmospheric Administration; and (E) the National Park Service.

Comprehensive National Mercury Monitoring Act - Directs the Administrator of the Environmental Protection Agency (EPA) to establish a national mercury monitoring program that monitors: (1) long-term changes in mercury levels and important ancillary measures in the air; and (2) long-term changes in mercury and methyl mercury levels and important ancillary measures in the water and soil or sediments and in aquatic and terrestrial organisms. Requires the Administrator to: (1) select multiple monitoring sites representing multiple ecoregions that include national parks, wildlife refuges, National Estuarine Research Reserve units, and other sensitive ecological areas that include long-term protection and in which substantive changes are expected from reductions in domestic mercury emissions; (2) establish and publish standardized measurement protocols for the program; and (3) establish a centralized database for environmental mercury data. Establishes the Mercury Monitoring Advisory Committee to advise the Administrator on the establishment, site selection, protocols, and operation of the program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``DNA Sexual Assault Justice Act of 2002''. SEC. 2. ASSESSMENT ON BACKLOG IN DNA ANALYSIS OF SAMPLES. (a) Assessment.-- (1) In general.--The Attorney General shall survey each law enforcement jurisdiction to assess the backlog of DNA testing of rape kit samples and other sexual assault evidence. (2) Determinations.--The Attorney General, acting through the Director of the National Institute of Justice, shall carry out an assessment of Federal, State, local, and tribal territories law enforcement jurisdictions to determine the amount of-- (A) evidence contained in rape kits that has not been subjected to DNA testing and analysis; and (B) evidence from sexual assault crimes that has not been subjected to DNA testing and analysis. (b) Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit to Congress a report on the assessment carried out under subsection (a). (2) Contents.--The report submitted under paragraph (1) shall include-- (A) the results of the assessment carried out under subsection (a); (B) the number of rape kit samples and other evidence from sexual assault crimes that have not been subjected to DNA testing and analysis; and (C) a plan for carrying out additional assessments and reports to continue until all law enforcement jurisdictions report no backlog in crime scene DNA testing and analysis. (c) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 3. GRANTS FOR ANALYSIS OF DNA SAMPLES FROM RAPE KITS. Section 2(a) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135(a)) is amended-- (1) in paragraph (2), by inserting ``including samples from rape kits and nonsuspect cases'' after ``crime scenes''; and (2) by adding at the end the following: ``(4) To ensure that DNA testing and analysis of samples from rape kits and nonsuspect cases are carried out in a timely manner.''. SEC. 4. INCREASED GRANTS FOR DNA ANALYSIS. Section 2(j) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135(j)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by striking ``and'' at the end; and (B) by striking subparagraph (C) and inserting the following: ``(C) $25,000,000 for fiscal year 2003; ``(D) $25,000,000 for fiscal year 2004; ``(E) $25,000,000 for fiscal year 2005; and ``(F) $25,000,000 for fiscal year 2006.''; and (2) in paragraph (2), by striking subparagraphs (C) and (D) and inserting the following: ``(C) $100,000,000 for fiscal year 2003; ``(D) $100,000,000 for fiscal year 2004; ``(E) $50,000,000 for fiscal year 2005; and ``(F) $50,000,000 for fiscal year 2006.''. SEC. 5. AUTHORITY OF LOCAL GOVERNMENTS TO APPLY FOR AND RECEIVE DNA BACKLOG ELIMINATION GRANTS. Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135) is amended-- (1) in subsection (a), by inserting ``or eligible units of local government'' after ``eligible States''; (2) in subsection (b)-- (A) in the matter preceding paragraph (1), by inserting ``or unit of local government'' after ``State'' each place that term appears; (B) in paragraph (1), by inserting ``or unit of local government'' after ``State''; (C) in paragraph (3), by inserting ``or unit of local government'' after ``State'' the first time that term appears; (D) in paragraph (4)-- (i) by inserting ``or unit of local government'' after ``State''; and (ii) by striking ``and'' after the semicolon; (E) in paragraph (5)-- (i) by inserting ``or unit of local government'' after ``State''; and (ii) by striking the final period and inserting ``; and''; and (F) by adding at the end the following: ``(6) if the applicant is a unit of local government, certify that the applicant participates in a State laboratory system.''; (3) in subsection (c), by inserting ``or unit of local government'' after ``State''; (4) in subsection (d)(2)(A), by inserting ``or units of local government'' after ``States''; (5) in subsection (e)-- (A) in paragraph (1), by inserting ``or local government'' after ``State'' each place that term appears; and (B) in paragraph (2), by inserting ``or unit of local government'' after ``State''; (6) in subsection (f), by inserting ``or unit of local government'' after ``State''; (7) in subsection (g)-- (A) in paragraph (1), by inserting ``or unit of local government'' after ``State''; and (B) in paragraph (2), by inserting ``or units of local government'' after ``States''; and (8) in subsection (h), by inserting ``or unit of local government'' after ``State'' each place that term appears. SEC. 6. IMPROVING ELIGIBILITY CRITERIA FOR BACKLOG GRANTS. Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135) is amended-- (1) in subsection (b)-- (A) in paragraph (5) (as amended by section 5), by striking ``and'' at the end; (B) in paragraph (6) (as added by section 5), by striking the period at the end and inserting: ``; and''; and (C) by adding at the end the following: ``(7) ensure that each laboratory performing DNA testing or analysis satisfies the quality assurance protocols and practices described in subsection (d)(2).''; and (2) by adding at the end the following: ``(k) Priority.--In awarding grants under this section, the Attorney General shall give priority to a State or unit of local government that has a significant rape kit or nonsuspect case backlog as compared to other applicants.''. SEC. 7. AUTHORIZATION FOR GRANTS FOR IMPROVED RESPONSES TO AND INVESTIGATION OF SEXUAL ASSAULT CASES. (a) Authorization of Grants.--The Attorney General shall make grants to eligible entities to-- (1) carry out sexual assault examiner training and certification; (2) develop sexual assault examiner programs; (3) acquire or improve forensic equipment; (4) train law enforcement personnel in the handling of sexual assault cases and the collection and use of DNA samples for use as forensic evidence; and (5) train law enforcement personnel to recognize, detect, report, and respond to drug-facilitated sexual assaults. (b) Eligible Entity.--For purposes of this section, the term ``eligible entity'' means-- (1) a State; (2) a unit of local government; (3) a college, university, or other institute of higher learning; (4) sexual assault examination programs, including sexual assault forensic examiner (SAFE) programs, sexual assault nurse examiner (SANE) programs, and sexual assault response team (SART) programs; and (5) a State sexual assault coalition. (c) Application.--To receive a grant under this section-- (1) the chief executive officer of a State, unit of local government, or university that desires a grant under this section shall submit to the Attorney General-- (A) an application in such form and containing such information as the Attorney General may require; (B) certification that the testing will be done in a laboratory that complies with the quality assurance and proficiency testing standards for collecting and processing DNA samples issued by the Director of the Federal Bureau of Investigation under section 210303 of the DNA Identification Act of 1994 (42 U.S.C. 14131); (C) notice that the applicant is aware of, and utilizing, uniform protocols and standards issued by the Department of Justice on the collection and processing of DNA evidence at crime scenes; and (D) if the applicant is a unit of local government, certification that the applicant participates in a State laboratory system; and (2) an existing or proposed sexual assault examination program shall submit to the Attorney General-- (A) an application in such form and containing such information as the Attorney General may require; (B) certification that the program complies with the standards and recommended protocol developed by the Attorney General pursuant to section 1405 of the Victims of Trafficking and Violence Protection Act of 2000 (42 U.S.C. 3796gg note); and (C) notice that the applicant is aware of, and utilizing, uniform protocols and standards issued by the Department of Justice on the collection and processing of DNA evidence at crime scenes. (d) Priority.--In awarding grants under this section, the Attorney General shall give priority to proposed or existing sexual assault examination programs that are serving, or will serve, populations currently underserved by existing sexual assault examination programs. (e) Restrictions on Use of Funds.-- (1) Supplemental funds.--Funds made available under this section shall not be used to supplant State funds, but shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from State sources for the purposes of this section. (2) Administrative costs.--An eligible entity may not use more than 3 percent of the funds it receives under this section for administrative expenses. (3) Nonexclusivity.--Nothing in this section shall be construed to limit or restrict the ability of proposed or existing sexual assault examination programs to apply for and obtain Federal funding from any other agency or department or any other Federal Grant program. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Justice $15,000,000 for each of fiscal years 2003 through 2006 to carry out this section. SEC. 8. AUTHORIZING JOHN DOE DNA INDICTMENTS. (a) Limitations.--Section 3282 of title 18, United States Code, is amended-- (1) by striking ``Except'' and inserting the following: ``(a) Limitation.--Except''; and (2) by adding at the end the following: ``(b) DNA Profile Indictment.-- ``(1) In general.--In any indictment found for an offense under chapter 109A, if the identity of the accused is unknown, it shall be sufficient to describe the accused as an individual whose name is unknown, but who has a particular DNA profile. ``(2) Exception.--Any indictment described in paragraph (1), which is found within 5 years after the offense under chapter 109A shall have been committed, shall not be subject to-- ``(A) the limitations period described in subsection (a); and ``(B) the provisions of chapter 208 until the individual is arrested or served with a summons in connection with the charges contained in the indictment. ``(3) Definition.--For purposes of this subsection, the term `DNA profile' means a set of DNA identification characteristics.''. (b) Privacy Protection Standard.--Section 10(a) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135e(a)) is amended by inserting before the period at the end the following: ``or in section 3282(b) of title 18, United States Code.''. (c) Rules of Criminal Procedure.--Rule 7 of the Federal Rules of Criminal Procedure is amended in subdivision (c)(1) by adding at the end the following: ``For purposes of an indictment referred to in section 3282 of title 18, United States Code, if the identity of the defendant is unknown, it shall be sufficient to describe the defendant, in the indictment, as an individual whose name is unknown, but who has a particular DNA profile, as defined in that section 3282.''. SEC. 9. INCREASED GRANTS FOR COMBINED DNA INDEX (CODIS) SYSTEM. Section 210306 of the DNA Identification Act of 1994 (42 U.S.C.14134) is amended-- (1) by striking ``There'' and inserting the following: ``(a) In General.--There''; and (2) by adding at the end the following: ``(b) Increased Grants for CODIS.--There is authorized to be appropriated to the Federal Bureau of Investigation to carry out a redesign of the Combined DNA Index System (CODIS) $9,646,000 for fiscal year 2003.''. SEC. 10. INCREASED GRANTS FOR FEDERAL CONVICTED OFFENDER PROGRAM (FCOP). Section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a) is amended by adding at the end the following: ``(g) Authorization of Appropriations.--There is authorized to be appropriated to the Federal Bureau of Investigation to carry out this section $497,000 for fiscal year 2003.''.

DNA Sexual Assault Justice Act of 2002 - Directs the Attorney General to: (1) survey each law enforcement jurisdiction to assess the backlog of DNA testing of rape kit samples and other sexual assault evidence; and (2) make grants to eligible entities to carry out sexual assault examiner training and certification, develop sexual assault examiner programs, acquire or improve forensic equipment, and train law enforcement personnel in the handling of sexual assault cases.Amends the DNA Analysis Backlog Elimination Act of 2000 to: (1) ensure that DNA testing and analysis of samples from rape kits and non-suspect cases are carried out in a timely manner; (2) reauthorize grants; (3) authorize local governments to apply for and receive grants; (4) direct the Attorney General to give priority in awarding grants to a State or local governmental unit that has a significant rape kit or non-suspect case backlog; (5) expand the scope of DNA samples subject to privacy protections; and (6) authorize appropriations to the Federal Bureau of Investigation (FBI) for the collection and use of DNA identification information from certain Federal offenders.Amends: (1) the Federal criminal code and the Federal Rules of Criminal Procedure to authorize "John Doe" DNA indictments for sexual abuse (allows describing a person as an unknown individual who has a particular DNA profile if the identity of the accused or defendant is unknown); and (2) the DNA Identification Act of 1994 to authorize appropriations to the FBI to carry out a redesign of the Combined DNA Index System.

SECTION 1. ELIMINATION OF THE NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL AND OPPORTUNITY-TO-LEARN STANDARDS. Title II of the Goals 2000: Educate America Act (20 U.S.C. 5821 et seq.) is amended-- (1) by repealing part B (20 U.S.C. 5841 et seq.); and (2) by redesignating parts C and D (20 U.S.C. 5861 et seq. and 5871 et seq.) as parts B and C, respectively. SEC. 2. TECHNICAL AND CONFORMING AMENDMENTS. (a) Goals 2000: Educate America Act.-- (1) The table of contents for the Goals 2000: Educate America Act is amended, in the items relating to title II-- (A) by striking the items relating to part B; (B) by striking ``Part C'' and inserting ``Part B''; and (C) by striking ``Part D'' and inserting ``Part C''. (2) Section 2 of such Act (20 U.S.C. 5801) is amended-- (A) in paragraph (4)-- (i) in subparagraph (B), by inserting ``and'' after the semicolon; (ii) by striking subparagraph (C); and (iii) by redesignating subparagraph (D) as subparagraph (C); and (B) in paragraph (6)-- (i) by striking subparagraph (C); and (ii) by redesignating subparagraphs (D) through (F) as subparagraphs (C) through (E), respectively. (3) Section 3(a) of such Act (20 U.S.C. 5802) is amended-- (A) by striking paragraph (7); and (B) by redesignating paragraphs (8) through (14) as paragraphs (7) through (13), respectively. (4) Section 201(3) of such Act (20 U.S.C. 5821(3)) is amended by striking ``, voluntary national student performance'' and all that follows through ``such Council'' and inserting ``and voluntary national student performance standards''. (5) Section 202(j) of such Act (20 U.S.C. 5822(j)) is amended by striking ``, student performance, or opportunity-to- learn'' and inserting ``or student performance''. (6) Section 203 of such Act (20 U.S.C. 5823) is amended-- (A) in subsection (a)-- (i) by striking paragraphs (2) and (3); (ii) by redesignating paragraphs (4) through (6) as paragraphs (2) through (4), respectively; and (iii) by amending paragraph (2) (as redesignated by clause (ii)) to read as follows: ``(2) review voluntary national content standards and voluntary national student performance standards;''; and (B) in subsection (b)(1)-- (i) in subparagraph (A), by inserting ``and'' after the semicolon; (ii) in subparagraph (B), by striking ``; and'' and inserting a period; and (iii) by striking subparagraph (C). (7) Section 204(a)(2) of such Act (20 U.S.C. 5824(a)(2)) is amended-- (A) by striking ``voluntary national opportunity- to-learn standards,''; and (B) by striking ``described in section 213(f)''. (8) Section 241 of such Act (20 U.S.C. 5871) is amended-- (A) in subsection (a), by striking ``(a) National Education Goals Panel.--''; and (B) by striking subsections (b) through (d). (9) Section 304(a)(2) of such Act (20 U.S.C. 5884(a)(2)) is amended-- (A) in subparagraph (A), by adding ``and'' after the semicolon; (B) in subparagraph (B), by striking ``; and'' and inserting a period; and (C) by striking subparagraph (C). (10) Section 306 of such Act (20 U.S.C. 5886) is amended-- (A) by striking subsection (d); and (B) in subsection (o), by striking ``State opportunity-to-learn standards or strategies,''. (11) Section 308(b)(2) of such Act (20 U.S.C. 5888(b)(2)) is amended-- (A) in the matter preceding clause (i) of subparagraph (A), by striking ``State opportunity-to- learn standards,''; and (B) in subparagraph (A), by striking ``including-- '' and all that follows through ``title II;'' and inserting ``including through consortia of States;''. (12) Section 312(b) (20 U.S.C. 5892(b)) is amended-- (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (13) Section 314(a)(6)(A) of such Act (20 U.S.C. 5894(a)(6)(A)) is amended by striking ``certified by the National Education Standards and Improvement Council and''. (14) Section 315 of such Act (20 U.S.C. 5895) is amended-- (A) in subsection (b)-- (i) in paragraph (1)(C), by striking ``, including the requirements for timetables for opportunity-to-learn standards,''; (ii) by striking paragraph (2); (iii) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; (iv) in paragraph (1)(A), by striking ``paragraph (4) of this subsection'' and inserting ``paragraph (3)''; (v) in paragraph (2) (as redesignated by clause (iii))-- (I) by striking subparagraph (A); (II) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (III) in subparagraph (A) (as redesignated in subclause (II)) by striking ``, voluntary natural student performance standards, and voluntary natural opportunity-to-learn standards developed under part B of title II of this Act'' and inserting ``and voluntary national student performance standards''; (vi) in subparagraph (B) of paragraph (3) (as redesignated by clause (ii)), by striking ``paragraph (5),'' and inserting ``paragraph (4),''; and (vii) in paragraph (4) (as redesignated by clause (ii)), by striking ``paragraph (4)'' each place it appears and inserting ``paragraph (3)''; (B) in the matter preceding subparagraph (A) of subsection (c)(2)-- (i) by striking ``subsection (b)(4)'' and inserting ``subsection (b)(3)''; and (ii) by striking ``and to provide a framework for the implementation of opportunity-to-learn standards or strategies''; and (C) in subsection (f), by striking ``subsection (b)(4)'' each place it appears and inserting ``subsection (b)(3)''. (15)(A) Section 316 of such Act (20 U.S.C. 5896) is repealed. (B) The table of contents for such Act is amended by striking the item relating to section 316. (16) Section 317 of such Act (20 U.S.C. 5897) is amended-- (A) in subsection (d)(4), by striking ``promote the standards and strategies described in section 306(d),''; and (B) in subsection (e)-- (i) in paragraph (2), by inserting ``and'' after the semicolon; (ii) by striking paragraph (3); and (iii) by redesignating paragraph (4) as paragraph (3). (17) Section 503 of such Act (20 U.S.C. 5933) is amended-- (A) in subsection (b)-- (i) in paragraph (1)-- (I) in the matter preceding subparagraph (A), by striking ``28'' and inserting ``27''; (II) by striking subparagraph (D); and (III) by redesignating subparagraphs (E) through (G) as subparagraphs (D) through (F), respectively; (ii) in paragraphs (2), (3), and (5), by striking ``subparagraphs (E), (F), and (G)'' each place it appears and inserting ``subparagraphs (D), (E), and (F)''; (iii) in paragraph (2), by striking ``subparagraph (G)'' and inserting ``subparagraph (F)''; (iv) in paragraph (4), by striking ``(C), and (D)'' and inserting ``and (C)''; and (v) in the matter preceding subparagraph (A) of paragraph (5), by striking ``subparagraph (E), (F), or (G)'' and inserting ``subparagraph (D), (E), or (F)''; and (B) in subsection (c)-- (i) in paragraph (1)(B), by striking ``subparagraph (E)'' and inserting ``subparagraph (D)''; and (ii) in paragraph (2), by striking ``subparagraphs (E), (F), and (G)'' and inserting ``subparagraphs (D), (E), and (F)''. (18) Section 504 of such Act (20 U.S.C. 5934) is amended-- (A) by striking subsection (f); and (B) by redesignating subsection (g) as subsection (f). (b) Elementary and Secondary Education Act of 1965.-- (1) Section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311) is amended-- (A) in subsection (b)(8)(B), by striking ``(which may include opportunity-to-learn standards or strategies developed under the Goals 2000: Educate America Act)''; (B) in subsection (f), by striking ``opportunity- to-learn standards or strategies,''; (C) by striking subsection (g); and (D) by redesignating subsection (h) as subsection (g). (2) Section 1116 of such Act (20 U.S.C. 6317) is amended-- (A) in subsection (c)-- (i) in paragraph (2)(A)(i), by striking all beginning with ``, which may'' through ``Act''; and (ii) in paragraph (5)(B)(i)-- (I) in subclause (VI), by inserting ``and'' after the semicolon; (II) in subclause (VII), by striking ``; and'' and inserting a period; and (III) by striking subclause (VIII); and (B) in subsection (d)-- (i) in paragraph (4)(B), by striking all beginning with ``, and may'' through ``Act''; and (ii) in paragraph (6)(B)(i)-- (I) by striking subclause (IV); and (II) by redesignating subclauses (V) through (VIII) as subclauses (IV) through (VII), respectively. (3) Section 1501(a)(2)(B) of such Act (20 U.S.C. 6491(a)(2)(B)) is amended-- (A) by striking clause (v); and (B) by redesignating clauses (vi) through (x) as clauses (v) through (ix), respectively. (4) Section 10101(b)(1)(A)(i) of such Act (20 U.S.C. 8001(b)(1)(A)(i)) is amended by striking ``and opportunity-to- learn standards or strategies for student learning''. (5) Section 14701(b)(1)(B)(v) of such Act (20 U.S.C. 8941(b)(1)(B)(v)) is amended by striking ``the National Education Goals Panel,'' and all that follows through ``assessments)'' and inserting ``and the National Education Goals Panel''. (c) General Education Provisions Act.--Section 428 of the General Education Provisions Act (20 U.S.C. 1228b), as amended by section 237 of the Improving America's Schools Act of 1994 (Public Law 103-382) is amended by striking ``the National Education Standards and Improvement Council,''. (d) Education Amendments of 1978.--Section 1121(b) of the Education Amendments of 1978 (25 U.S.C. 2001(b)), as amended by section 381 of the Improving America's Schools Act of 1994 (Public Law 103-382) is amended by striking ``213(a)'' and inserting ``203(a)(2)''.

Amends the Goals 2000: Educate America Act to eliminate the National Education Standards and Improvement Council (the Council). Eliminates the requirement that the National Education Goals Panel review and approve model or national content standards, national student performance standards, or national opportunity-to-learn standards. Terminates funding for: (1) the Council; (2) opportunity-to-learn development grants; and (3) assessment development and evaluation grants. Makes technical and conforming amendments to the Elementary and Secondary Education Act of 1965, the General Education Provisions Act, and the Education Amendments of 1978.

SECTION 1. SHORT TITLE. This Act may be cited as ``The Borderlands Conservation and Security Act of 2007''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) The United States-Mexico border area contains a high concentration of protected Federal lands, including National Parks, National Monuments, National Wildlife Refuges, National Forests, and Wilderness Areas. These lands are of significant ecological, educational, historic, cultural, recreational and economic value to the United States and its people. (2) The United States and Mexico have collaborated to address shared conservation and security issues, including migratory, imperiled, and invasive species, border operations and security, cultural resources, and trans-boundary pollution. (3) Federal lands and resources along the United States- Mexico border have suffered extensive damage from the effects of unauthorized immigration, human and drug smuggling, and border enforcement activities. (4) Increased coordination and planning between the Department of Homeland Security and Federal land management agencies can help avoid and mitigate damage to Federal lands and resources along the United States-Mexico border while improving border security. (b) Purposes.--The purposes of this Act are to provide a means whereby the Federal lands and resources along the United States-Mexico border are provided the highest protection possible from the effects of unauthorized immigration, human and drug smuggling, and border enforcement activities, while ensuring that all operations necessary to achieve border security are undertaken. SEC. 3. DEFINITIONS. (a) Protected Land.--The term ``protected land'' means land under the jurisdiction of the Secretary concerned. (b) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (c) Secretary Concerned.--The term ``Secretary concerned'' means-- (1) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and (2) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. SEC. 4. PROTECTION OF BORDERLAND ENVIRONMENT. (a) Border Protection Strategy.-- (1) In general.--Not later than May 30, 2008, the Secretary, the Secretary of the Interior, and the Secretary of Agriculture shall jointly develop a border protection strategy that supports the border security needs of the United States in the manner that best protects-- (A) units of the National Park System; (B) National Forest System land; (C) land under the jurisdiction of the Bureau of Land Management; (D) land under the jurisdiction of the United States Fish and Wildlife Service; and (E) other relevant land under the jurisdiction of the Department of the Interior or the Department of Agriculture. (2) Tribal lands.--The Secretary, in consultation with Tribal officials, shall jointly develop a border protection strategy for tribal lands along the United States-Mexico border. (b) Required Training.--The Secretary, in cooperation with the Secretary concerned, shall provide-- (1) Federal land resource training for Customs and Border Protection agents assigned to patrol protected land; and (2) cultural resource training for Customs and Border Protection agents assigned to patrol tribal lands. (c) Coordination.--In providing training for Customs and Border Protection agents under subsection (b)(1), the Secretary shall coordinate with the Secretary concerned to ensure that the training is appropriate to the mission of the relevant agency of the Department of the Interior or the Department of Agriculture to minimize the adverse impact on natural and cultural resources from border enforcement activities. (d) Inventory of Costs and Activities.--The Secretary concerned shall develop and submit to the Secretary an inventory of costs incurred by the Secretary concerned relating to illegal border activity and border enforcement activities, including the cost of-- (1) infrastructure; (2) equipment; (3) training; (4) recurring maintenance; (5) construction of facilities; (6) restoration of natural and cultural resources; (7) recapitalization of facilities; and (8) operations. (e) Recommendations.--The Secretary shall-- (1) develop joint recommendations with the Secretary of the Interior and the Secretary of Agriculture for an appropriate cost recovery mechanism relating to items identified in subsection (d); and (2) not later than May 30, 2008, submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)), including the Subcommittee on National Parks of the Senate and the Subcommittee on National Parks, Forests, and Public Lands of the House of Representatives, the recommendations developed under paragraph (1). SEC. 5. BORDER BARRIER CONSTRUCTION. (a) Fencing and Other Barriers on Public Lands.--Section 102(b)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1103 note) is amended-- (1) in subparagraph (A), in the matter preceding clause (i), by striking ``the Secretary of Homeland Security shall provide for least 2 layers of reinforced fencing, the installation of additional physical barriers, roads, lighting, cameras, and sensors--'' and inserting ``the Secretary of Homeland Security, in consultation with the Secretary of Agriculture, the Secretary of the Interior, or the heads of other Federal agencies, as appropriate, and State, local, and tribal officials, shall provide for fencing, vehicle barriers, roads, lighting, cameras, sensors, or other surveillance and barrier tools as necessary--''; (2) in subparagraph (B)(i), by striking ``2007'' and inserting ``2008''; and (3) by adding after subparagraph (C) the following new subparagraph: ``(D) Manner of construction.--In carrying out the requirements of subsection (a), the Secretary of Homeland Security shall, where practicable, prioritize the use of unmanned aerial vehicles, remote cameras, sensors, vehicle barriers, or other low impact border enforcement techniques on lands under the jurisdiction of the Secretary of Agriculture, the Secretary of the Interior, or other Federal agencies.''. (b) Applicability of Existing Laws.--Section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note), is repealed. (c) Federal Lands.--In fulfilling the requirements of section 102(b)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 as amended by subsection (a), the Secretary of Homeland Security shall not commence any construction of fencing on any lands under the jurisdiction of the Secretary of Agriculture or the Secretary of the Interior prior to the submission to Congress by the Secretary of Homeland Security of the Border Protection Strategy mandated by section 4(a) of this Act. SEC. 6. BORDERLANDS CONSERVATION FUND. (a) In General.--The Secretary shall-- (1) establish a program to provide financial assistance for projects consistent with the goal of improved management of ecologically sensitive or listed species, improved wildlife habitat to aid in the management of these species, and mitigating the impacts of border enforcement, human and drug smuggling, and unauthorized immigration on these species, pending approval of project applications; and (2) subject to the availability of funds, award grants to eligible organizations to promote conservation of these species. (b) Definitions.-- (1) In this section: (A) Conservation.--The term ``conservation'' means the use of methods and procedures necessary to prevent the diminution of, and to sustain viable populations of species that occur in the United States--Mexico borderlands. This includes all activities associated with the protection and management of wildlife species of the borderland region and with the protection of the habitat upon which they depend. (B) Fund.--The term ``fund'' means the Borderland Conservation Fund established in this section. (C) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (c) Project Proposals.-- (1) Submission of proposals.--A proposal for a project for the conservation of species identified in this Act may be submitted to the Secretary by-- (A) any local wildlife management authority in the United States or Mexico; and (B) any person or non-governmental organization with the demonstrated ability and experience working with the taxa for which a proposal is submitted. (2) Elements.--A proposal submitted under paragraph (1) shall contain the following elements: (A) A concise statement of the proposed action that includes a statement of need and benefits to the species to be achieved by the project proposal. (B) An outline of methods to be used to accomplish the tasks outlined in the project proposal. (C) The name of the project applicant and their affiliation. (D) An estimate of the cost and time frame for project completion. (E) Identification of all mechanisms to ensure local involvement in the project. (F) Assurances that the project has received endorsement of the responsible wildlife management authority and other appropriate authorities. (G) Information on the source and amount of any matching funds to be used for completion of the project. (d) Project Review and Approval.--The Secretary shall-- (1) establish a protocol for soliciting and reviewing proposals for Borderland Conservation Fund monies; and (2) within the framework established by the Secretary, call for proposals in all years when funds are available in the Borderland Conservation Fund. (e) Criteria for Approval.--To be eligible for approval, a project must enhance conservation of wildlife species and their habitat by assisting efforts to-- (1) develop sound scientific information on-- (A) population trends for approved wildlife species; (B) identification of threats to wildlife populations or the habitat upon which they depend, particularly due to border security measures, construction, enforcement, or illegal activity; and (C) identification of methods to improve habitat conditions or to improve the status of the wildlife species, particularly those impacted by border security measures, construction, enforcement, or illegal activity; (2) implement species or habitat conservation plans; (3) promote cooperation among local citizens, wildlife and habitat management agencies, and nongovernmental organizations in programs that would be approved under this Act; and (4) build local capacity to implement scientifically sound wildlife or habitat management programs. (f) Matching Funds.--In determining whether to approve project proposals under this section, the Secretary shall give preference to projects with matching non-Federal funds. (g) Project Reporting.-- (1) Recipient reports.--In any year for which a recipient is awarded funds under this Act, the recipient shall submit a report to the Secretary that outlines significant accomplishments of the project, significant deviations from the approved project proposal, and financial expenditures related to the project for that year. (2) Secretarial reports.--The Secretary shall submit an annual report to Congress outlining accomplishments under this Act related to the improved conservation of borderland resources. (h) Establishment.--There is established in the Multinational Species Conservation Fund a separate account to be known as the ``Borderland Conservation Fund'' consisting of-- (1) amounts transferred to the Secretary of the Treasury for deposit into the Borderland Conservation Fund; (2) amounts appropriated to the fund; and (3) any interest earned on investments from funds held within the fund. (i) Expenditures From the Fund.-- (1) In general.--Subject to paragraph (2), upon request by the Secretary, the Secretary of the Treasury shall transfer from the Borderland Conservation Fund to the Secretary, without further appropriation, such amounts as the Secretary determines necessary to carry out projects under this Act. (2) Administrative expenses.--Of the amounts in the account available for each fiscal year, the Secretary may expend not more than 3 percent or $80,000, whichever is greater, of the fund balance annually to pay the administrative expenses necessary to carry out this Act. (3) Focus.--Not less than 30 percent of the amounts made available to the fund for each fiscal year shall be expended for projects carried out in Mexico. (j) Investments of Amounts.-- (1) In general.--The Secretary of the Treasury shall invest amounts in the fund that are not, in the judgment of the Secretary of the Treasury, required to meet withdrawals. Investments may be made only in interest-bearing obligations of the United States. (2) Acquisitions of obligations.--For the purpose of investments under paragraph (1), obligations may be acquired-- (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (3) Sale of obligations.--Any obligation acquired by the fund may be sold by the Secretary of the Treasury at the market price. (4) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the fund shall be credited to and form a part of the fund. (k) Transfers of Amounts.-- (1) In general.--The amounts required to be transferred to the fund under this section shall be transferred at least monthly from the general fund of the Treasury to the fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (l) Acceptance and Use of Donations.--The Secretary may accept and use donations to provide assistance under section 4. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Fund. (m) Authorization of Appropriations.--There are authorized to be appropriated to the fund through the Secretary $5,000,000 for each of fiscal years 2009 through 2013.

Borderlands Conservation and Security Act of 2007 - Requires: (1) not later than May 30, 2008, development of a border protection strategy that supports U.S. border security needs in the manner that best protects units of the National Park System, National Forest System land, Bureau of Land Management (BLM) land, U.S. Fish and Wildlife Service (USFWS) land, and other relevant land under the jurisdiction of the Department of the Interior or the Department of Agriculture; and (2) development of a border protection strategy for tribal lands along the U.S.-Mexico border. Requires provision of: (1) federal land resource training for Customs and Border Protection agents assigned to patrol protected land; and (2) cultural resource training for such agents assigned to patrol tribal lands. Requires: (1) the Secretaries of Agriculture and Interior to submit to the Secretary of Homeland Security an inventory of costs incurred related to illegal border activity and border enforcement activities, including the cost of identified items; and (2) the development of recommendations for a cost recovery mechanism related to such items. Establishes a program for: (1) providing financial assistance for projects to improve management of ecologically sensitive or listed species, improving wildlife habitat to aid in their management, and mitigating the impacts of border enforcement, human and drug smuggling, and unauthorized immigration on them; and (2) awarding grants to eligible organizations to promote conservation of such species. Establishes the Borderland Conservation Fund to carry out projects under this Act.

SECTION 1. FINDINGS. Congress finds that-- (1) the Middle Rio Grande bosque is-- (A) a unique riparian forest along the Middle Rio Grande in New Mexico; (B) the largest continuous cottonwood forest in the Southwest; (C) 1 of the oldest continuously inhabited areas in the United States; (D) home to portions of 6 pueblos; and (E) a critical flyway and wintering ground for migratory birds; (2) the portion of the Middle Rio Grande adjacent to the Middle Rio Grande bosque provides water to many people in the State of New Mexico; (3) the Middle Rio Grande bosque should be maintained in a manner that protects endangered species and the flow of the Middle Rio Grande while making the Middle Rio Grande bosque more accessible to the public; (4) environmental restoration is an important part of the mission of the Corps of Engineers; and (5) the Corps of Engineers should reestablish, where feasible, the hydrologic connection between the Middle Rio Grande and the Middle Rio Grande bosque to ensure the permanent healthy growth of vegetation native to the Middle Rio Grande bosque. SEC. 2. DEFINITIONS. In this Act: (1) Middle rio grande.--The term ``Middle Rio Grande'' means the portion of the Rio Grande from Cochiti Dam to the headwaters of Elephant Butte Resevoir, in the State of New Mexico. (2) Restoration project.--The term ``restoration project'' means a project carried out under this Act that will produce, consistent with other Federal programs, projects, and activities, immediate and substantial ecosystem restoration, preservation, recreation, and protection benefits. (3) Secretary.--The term ``Secretary'' means the Secretary of the Army. SEC. 3. MIDDLE RIO GRANDE RESTORATION. (a) Restoration Projects.--The Secretary shall carry out restoration projects along the Middle Rio Grande. (b) Project Selection.-- (1) In general.--The Secretary may select restoration projects in the Middle Rio Grande based on feasibility studies. (2) Use of existing studies and plans.--In carrying out subsection (a), the Secretary shall use, to the maximum extent practicable, studies and plans in existence on the date of enactment of this Act to identify the needs and priorities for restoration projects. (c) Local Participation.--In carrying out this Act, the Secretary shall consult with-- (1) the Middle Rio Grande Endangered Species Act Collaborative Program; and (2) the Bosque Improvement Group of the Middle Rio Grande Bosque Initiative. (d) Cost Sharing.-- (1) Cost-sharing agreement.--Before carrying out any restoration project under this Act, the Secretary shall enter into an agreement with the non-Federal interests that shall require the non-Federal interests-- (A) to pay 25 percent of the total costs of the restoration project through in-kind services or direct cash contributions, including the cost of providing necessary land, easements, rights-of-way, relocations, and disposal sites; (B) to pay 100 percent of the operation, maintenance, repair, replacement, and rehabilitation costs associated with the restoration project that are incurred after the date of enactment of this Act; and (C) to hold the United States harmless for any claim or damage that may arise from the negligence of the Federal Government or a contractor of the Federal Government. (2) Non-federal interests.--Notwithstanding section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), a non- Federal interest carrying out a restoration project under this Act may include a nonprofit entity. (3) Recreational features.-- (A) In general.--Any recreational features included as part of a restoration project shall comprise not more that 30 percent of the total project cost. (B) Non-federal funding.--The full cost of any recreational features included as part of a restoration project in excess of the amount described in subparagraph (A) shall be paid by the non-Federal interests. (4) Credit.--The non-Federal interests shall receive credit toward the non-Federal share of the cost of design or construction activities carried out by the non-Federal interests (including activities carried out before the execution of the cooperation agreement for a restoration project) if the Secretary determines that the work performed by the non-Federal interest is integral to the project. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $10,000,000 for fiscal year 2006; and (2) such sums as are necessary for each of fiscal years 2007 through 2015.

Directs the Secretary of the Army to: (1) carry out restoration projects along the Middle Rio Grande in New Mexico, from Cochiti Dam to the headwaters of the Elephant Butte Dam; and (2) consult with certain local environmental groups in carrying out such projects. Requires non-federal interests to pay 25% of total project costs and 100% of operation, maintenance, repair, replacement, and rehabilitation costs. Prohibits recreational features of a project from comprising more than 30% of the total project cost.

SECTION 1. CERTAIN CHEMICALS. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: `` 9902.07.31 Mixtures of zinc Free No change No change On or before 12/ ... dialkyldithiophos 31/2009 phate (CAS No. 6990-43-8) with an elastomer binder of ethylene- propylene-diene monomer and ethyl vinyl acetate, dispersing agents and silica (provided for in subheading 3812.10.50)...... 9902.07.32 Mixtures of Free No change No change On or before 12/ ... dithiocarbamate, 31/2009 thiazole, thiuram and thiourea with an elastomer binder of ethylene- propylene-diene monomer and ethyl vinyl acetate, and dispersing agents (provided for in subheading 3812.10.50)...... 9902.07.33 Mixtures of Free No change No change On or before 12/ ... caprolactam 31/2009 disulfide (CAS No. 23847-08-7) with an elastomer binder of ethylene- propylene-diene monomer and ethyl vinyl acetate, and dispersing agents (provided for in subheading 3812.10.50)...... 9902.07.34 Mixtures of N-(3,4- Free No change No change On or before 12/ ... dichloro-phenyl)- 31/2009 N,N-dimethylurea (CAS No. 330-54- 1) with acrylate rubber (provided for in subheading 3812.10.50)...... 9902.07.35 Mixtures of zinc Free No change No change On or before 12/ ... dicyanato 31/2009 diammine (CAS No. 122012-52-6) with an elastomer binder of ethylene- propylene-diene monomer and ethyl vinyl acetate, and dispersing agents (provided for in subheading 3812.10.50)...... 9902.07.36 4,8-Dicyclohexyl - Free No change No change On or before 12/ ... 6-2,10-dimethyl - 31/2009 12H-dibenzo [d,g][1,3,2]dioxa phosphocin (CAS No. 73912-21-7) (provided for in subheading 2920.90.50)...... 9902.07.37 Mixtures of Free No change No change On or before 12/ ... Benzenesulfonic 31/2009 acid, dodecyl-, with 2- aminoethanol (CAS No. 26836-07-7) and Poly (oxy-1,2- ethanediyl), a- [(9Z)-1-oxo-9- octadecenyl]-w- hydroxy- (CAS No. 9004-96-0) (provided for in subheading 3402.90.50)...... 9902.07.39 1,3-Dihydro-3,3- Free No change No change On or before 12/ ''. bis (4-hydroxy-m- 31/2009 tolyl)-2H-indol-2- one (CAS No. 47465-97-4) (provided for in subheading 2933.79.15)...... (b) Effective Date.--The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2009, the duty on: (1) mixtures of zinc dialkyldithiophosphate with an elastomer binder of ethylene-propylene-diene monomer and ethyl vinyl acetate, dispersing agents and silica; (2) mixtures of dithiocarbamate, thiazole, thiuram and thiourea with an elastomer binder of ethylene-propylene-diene monomer and ethyl vinyl acetate, and dispersing agents; (3) mixtures of caprolactam disulfide with an elastomer binder of ethylene-propylene-diene monomer and ethyl vinyl acetate, and dispersing agents; (4) mixtures of N-(3,4-dichloro-phenyl)-N,N-dimethylurea; (5) mixtures of zinc dicyanato diammine with an elastomer binder of ethylene-propylene-diene monomer and ethyl vinyl acetate, and dispersing agents; (6) 4,8-Dicyclohexyl -6-2,10-dimethyl -12H-dibenzo [d,g][1,3,2]dioxaphosphocin; (7) mixtures of Benzenesulfonic acid, dodecyl-, with 2-aminoethanol and Poly (oxy-1,2-ethanediyl), a-[(9Z)-1-oxo-9- octadecenyl]-w-hydroxy-; and (8) 1,3-Dihydro-3,3-bis (4-hydroxy-m-tolyl)-2H-indol-2-one.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Principal Recruitment Act''. SEC. 2. NATIONAL PRINCIPAL RECRUITMENT PROGRAM. (a) Program Authorization.--Part A of 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: ``Subpart 6--National Principal Recruitment Program ``SEC. 2161. NATIONAL PRINCIPAL RECRUITMENT PROGRAM. ``(a) Purpose.--The purpose of this section is to recruit, train, and support principals for high-need schools who are effective in improving student academic achievement. ``(b) Definitions.--In this section: ``(1) Eligible grantee.--The term `eligible grantee' means a partnership-- ``(A) consisting of a nonprofit organization working with a research organization and local educational agencies in States and regions across the Nation, that has a track record of selecting, training, and supporting principals; ``(B) that has the capacity to engage in world- class research and evaluation with access to student- level data in all local educational agencies in the partnership needed to-- ``(i) do value-add analysis of academic achievement; and ``(ii) correlate academic achievement gains with principal skills and characteristics; and ``(C) that may work with institutions of higher education. ``(2) High-need school.--The term `high-need school' means a public elementary school or public secondary school (including a charter school) in which not less than 40 percent of the students enrolled are eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). ``(3) Principal.--The term `principal' includes an assistant principal. ``(c) Multiyear Grant Program.-- ``(1) In general.-- ``(A) Establishment of program.--The Secretary shall establish a multiyear national principal recruitment grant program to enable not more than 3 eligible grantees to carry out the activities described in paragraph (3). ``(B) Priority.--In awarding grants under this section, the Secretary shall give priority to at least one eligible grantee focused on urban schools and at least one eligible grantee focused on rural schools. ``(2) Application.--To receive a grant under this section, an eligible grantee shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(3) Activities.-- ``(A) In general.--Each eligible grantee that receives a grant under this section shall use grant funds provided under this section for the following: ``(i) To recruit, select, train, and support, up to the capacity of the eligible grantee, new principals for high-need schools through-- ``(I) a year-long preservice residency; and ``(II) ongoing support and professional development. ``(ii) To rigorously research, evaluate, and report on the activities described in this paragraph in order to create-- ``(I) a national research and knowledge base to inform the recruitment, selection, and training of principals for high-need schools; and ``(II) a model of a performance- based program under which Federal funding to maintain and expand activities will be contingent on a rigorous demonstration of impact on student academic achievement. ``(B) Specific activities.--The activities described in subparagraph (A)(i) shall include the following: ``(i) Recruiting, selecting, and providing preservice training to individuals who-- ``(I) aspire to be principals in high-need schools; ``(II) share the belief that all students, regardless of background, can achieve at high levels; ``(III) have knowledge of effective instruction and adult leadership, and a focus on goals and results; and ``(IV) agree to sign a compact committing to serve high-need schools and to work toward substantial improvement in student academic achievement in the schools they will lead within approximately 5 to 6 years of their becoming principals. ``(ii) Providing training during the year- long preservice residency to selected aspiring principals that includes coaching from an effective principal, hands-on instructional leadership experience, and a curriculum that includes topics such as-- ``(I) creating and maintaining a data-driven, professional learning community within the new principal's school; ``(II) providing a climate conducive to the professional development of teachers, with a focus on improving student academic achievement; ``(III) using data to effectively evaluate teacher instruction and drive teacher and student learning; ``(IV) managing resources and school time to improve student academic achievement; and ``(V) engaging community members, including parents, the local educational agency, and other community leaders, to leverage additional resources to improve student academic achievement. ``(iii) Providing additional professional development and training to the individuals described in clauses (i) and (ii) after the individuals commence work as principals of high-need schools, including a focus on-- ``(I) teaching and learning; ``(II) school culture; and ``(III) management and operations. ``(iv) Developing and delivering high- quality, differentiated, school-level support services to meet the specific needs of high- need schools led by individuals described in clause (iii), which may include-- ``(I) support for data-driven design of school-wide improvement plans; ``(II) support in conducting successful school-wide assessments; and ``(III) other assistance from-- ``(aa) content expert coaches to support professional development; and ``(bb) data and assessment specialists. ``(v) Developing and maintaining the organizational capacity needed to drive the long-term success of the efforts described in this paragraph at scale. ``(4) Matching requirement; supplement, not supplant.-- ``(A) Matching requirement.--To be eligible to receive a grant under this section, an eligible grantee shall contribute to the activities assisted under such grant matching funds in an amount equal to not less than 100 percent of the amount of the grant. Such matching requirement may be met by contributions that are in cash or in kind. Partner local educational agencies whose support contributes to the matching requirement may choose to use funds from any private source or local educational agency-determined allocation of public funding. ``(B) Waiver.--The Secretary may waive part of the matching requirement described in subparagraph (A) if-- ``(i) the eligible grantee demonstrates a commitment to provide an amount equal to not less than 75 percent of the amount of the grant and provides a plan for providing the remainder of the 25 percent; or ``(ii) the Secretary determines that applying the matching requirement would result in serious hardship or an inability to carry out the activities described in paragraph (3). ``(C) Supplement, not supplant.--Grant funds provided under this section shall be used to supplement, and not supplant, any other Federal or State funds otherwise available to carry out the activities described in paragraph (3). ``(5) Performance-based triggers of funding decisions.-- ``(A) In general.-- ``(i) Research, evaluation, and reporting program.--The Secretary shall work with each eligible grantee that receives a grant under this section (including the partner research organization) to develop a reporting schedule for a research and evaluation plan that is approved by the Secretary. ``(ii) Specific activities.--The research and evaluation plan described in clause (i) shall accomplish the following: ``(I) Assess the impact of the eligible grantee's program, including examining student academic achievement on the State academic assessments and other student-level achievement data, to make possible a value-added analysis of academic achievement gains in high- need schools led, for not less than 2 years, by principals who have received training, development, coaching, and support from the eligible grantee with funds made available under the grant, as compared to other schools. The assessment may include an examination of retention rates of high-performing educators in high-need schools, student attendance, and secondary school graduation rates. ``(II) Identify factors that foster or hinder the successful implementation of the eligible grantee's program. ``(III) Develop understanding of the internal and external factors, including principal characteristics and skills, that need to be aligned in order to improve student learning, including an analysis of the impact of increased principal autonomy and accountability. ``(IV) Rigorously evaluate the school-level support provided through the eligible grantee. ``(V) Utilize the data described in subclauses (I) through (IV) to analyze progress and drive continuous program improvement. ``(VI) Generate and disseminate information for the field about what types of principal recruitment, selection, training, and supports correlate to student academic achievement gains. ``(B) Performance-based increase.--Beginning after the end of the third full school year in which a grant is implemented by an eligible grantee awarded a grant under this section, the Secretary shall provide an increase of 50 percent of the original grant amount for such eligible grantee if-- ``(i) the activities carried out by the eligible grantee described in subparagraph (A) demonstrate that students in high-need schools led, for not less than 2 years, by principals who have received training, development, coaching, and support from a program carried out with funds from such grant are making more gains in academic achievement than comparable students elsewhere, as determined by the research and evaluation plan approved by the Secretary under subparagraph (A)(i); and ``(ii) the eligible grantee has the capacity to scale up the services of the eligible grantee. ``(C) Grant termination.--By the end of the fourth full school year in which a grant is implemented by an eligible grantee awarded a grant under this section, the Secretary shall terminate such grant if students in high-need schools led, for not less than 2 years, by principals who have received training, development, coaching, and support from a program carried out with funds from such grant are not making more gains in academic achievement than comparable students elsewhere, as determined by the research and evaluation plan approved by the Secretary under subparagraph (A)(i). ``(D) Report to congress.--The Secretary shall submit an annual report to Congress on-- ``(i) the lessons learned through the performance-based approach to Federal funding described in this paragraph; and ``(ii) the implications for ensuring a performance orientation in other Federal education programs. ``(6) Annual report.--An eligible grantee that receives a grant under this section shall provide to Congress and the Secretary an annual report that includes-- ``(A) data on the number and characteristics of the aspiring principals trained to lead high-need schools through the grant under this section; and ``(B) levels of academic achievement growth for students in high-need schools led, for not less than 2 years, by principals who have received training, development, coaching, and support from a program carried out with funds from such grant.''. (b) Conforming Amendments.--Section 2103 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6603) is amended-- (1) in subsection (a), by striking ``(other than subpart 5)'' and inserting ``(other than subparts 5 and 6)''; and (2) by adding at the end the following: ``(c) National Principal Recruitment Program.--There are authorized to be appropriated to carry out subpart 6 such sums as may be necessary for each of the fiscal year 2009 through 2013.''. (c) Table of Contents.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 2151 the following: ``subpart 6--national principal recruitment program ``Sec. 2161. National Principal Recruitment Program.''.

National Principal Recruitment Act - Directs the Secretary of Education to establish a National Principal Recruitment program awarding matching grants to up to three partnerships each of which consist of a nonprofit organization working with a research organization and local educational agencies to: (1) recruit new principals for high-need schools and provide them with a year-long preservice residency and ongoing support and professional development; and (2) rigorously research, evaluate, and report on such activities so that successful practices can be replicated and each grantee's success in improving student academic performance can be measured. Increases a grant by 50% after the third full school year of its implementation if: (1) such research and evaluation demonstrates that students in high-need schools led, for at least two years, by principals recruited, trained, and supported by the grantee are making greater academic gains than comparable students elsewhere; and (2) the grantee has the capacity to scale up its services. Terminates a grant by the end of the fourth year of its implementation if the students in high-need schools led, for at least two years, by such principals are not making greater academic gains than comparable students elsewhere. Defines "high-need schools" as public elementary or secondary schools where at least 40% of the students receive a free or reduced price lunch under the school lunch program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Superfund Liability Relief Act of 1999''. SEC. 2. SMALL PARTY LIABILITY RELIEF UNDER SUPERFUND. (a) Liability Exemption.--Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is amended by adding at the end the following new subsection: ``(o) Small Party Liability Relief.--(1) Notwithstanding paragraphs (1) through (4) of subsection (a), a person who does not impede the performance of a response action or natural resource restoration at a facility or vessel shall not be liable to the extent liability at such facility or vessel is based solely on paragraph (3) or (4) of subsection (a), and the person arranged for disposal, treatment, or transport for disposal or treatment of only municipal solid waste or sewage sludge owned or possessed by such person, or accepted for transport for disposal or treatment only municipal solid waste or sewage sludge, and the person is-- ``(A) the owner, operator, or lessee of the residential property which is the source of the municipal solid waste or sewage sludge; ``(B) a small business; or ``(C) a small non-profit organization. ``(2) This subsection shall have no effect on the liability of any other person.''. (b) Small Business Defined.--Section 101 of such Act (42 U.S.C. 9601) is amended by adding at the end the following new paragraph: ``(39) Small business.--The term `small business' refers to any business entity that employs no more than 100 individuals and is a `small business concern' as defined under the Small Business Act (15 U.S.C. 631 et seq.).''. SEC. 3. INNOCENT LANDOWNERS. (a) Environmental Site Assessment.--Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is further amended by adding at the end the following new subsection: ``(p) Innocent Landowners.-- ``(1) Conduct of environmental assessment.--A person who has acquired real property after April 15, 1994, shall have made all appropriate inquiry within the meaning of subparagraph (B) of section 101(35) only if such person establishes that, within 180 days prior to the time of acquisition, an environmental site assessment of the real property was conducted which meets the requirements of paragraph (2). ``(2) Definition of environmental site assessment.--For purposes of this subsection, the term `environmental site assessment' means an assessment conducted in accordance with the standards set forth in the American Society for Testing and Materials (ASTM) Standard E1527-94, titled `Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process' or with alternative standards issued by rule by the Administrator or promulgated or developed by others and designated by rule by the Administrator. Before issuing or designating alternative standards, the Administrator shall first conduct a study of commercial and industrial practices concerning environmental site assessments in the transfer of real property in the United States. Any such standards issued or designated by the Administrator shall also be deemed to constitute commercially reasonable and generally accepted standards and practices for purposes of this title. In issuing or designating any such standards, the Administrator shall consider requirements governing each of the following: ``(A) Interviews of owners, operators, and occupants of the property to determine information regarding the potential for contamination. ``(B) Review of historical sources as necessary to determine previous uses and occupancies of the property since the property was first developed. For purposes of this subparagraph, the term `historical sources' means any of the following, if they are reasonably ascertainable: recorded chain of title documents regarding the real property, including all deeds, easements, leases, restrictions, and covenants, aerial photographs, fire insurance maps, property tax files, USGS 7.5 minutes topographic maps, local street directories, building department records, zoning/land use records, and any other sources that identify past uses and occupancies of the property. ``(C) Determination of the existence of recorded environmental cleanup liens against the real property which have arisen pursuant to Federal, State, or local statutes. ``(D) Review of reasonably ascertainable Federal, State, and local government records of sites or facilities that are likely to cause or contribute to contamination at the real property, including, as appropriate, investigation reports for such sites or facilities; records of activities likely to cause or contribute to contamination at the real property, including landfill and other disposal location records, underground storage tank records, hazardous waste handler and generator records and spill reporting records; and such other reasonably ascertainable Federal, State, and local government environmental records which could reflect incidents or activities which are likely to cause or contribute to contamination at the real property. ``(E) A visual site inspection of the real property and all facilities and improvements on the real property and a visual inspection of immediately adjacent properties, including an investigation of any hazardous substance use, storage, treatment, and disposal practices on the property. ``(F) Any specialized knowledge or experience on the part of the landowner. ``(G) The relationship of the purchase price to the value of the property if uncontaminated. ``(H) Commonly known or reasonably ascertainable information about the property. ``(I) The obviousness of the presence or likely presence of contamination at the property, and the ability to detect such contamination by appropriate investigation. If a copy or reasonable facsimile of a record is publicly available by request (within reasonable time and cost constraints) and the record is practically reviewable, the record shall be considered to be reasonably ascertainable for purposes of this paragraph. ``(3) Appropriate inquiry.--A person shall not be treated as having made all appropriate inquiry under paragraph (1) unless-- ``(A) the person has maintained a compilation of the information reviewed and gathered in the course of the environmental site assessment; ``(B) the person exercised appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to stop on-going releases, prevent threatened future releases of hazardous substances, and prevent or limit human or natural resource exposure to hazardous substances previously released into the environment; and ``(C) the person provides full cooperation, assistance, and facility access to persons authorized to conduct response actions or natural resource restoration at the facility, including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial response action or natural resource restoration at the facility.''. (b) Exception.--Section 107(b)(3)(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9606(b)(3)(a)) is amended by inserting ``(except as provided in subsection (p))'' after ``exercised due care''. (c) Conforming Amendments.--Section 101(35) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(35)) is amended-- (1) in subparagraph (A), by striking ``, unless the real property'' and inserting ``. A defendant owner or operator of a facility may only assert under section 107(b)(3) that an act or ommission of a previous owner or operator of that facility did not occur in connection with a contractual relationship if the real property''; and (2) in subparagraph (B)-- (A) by inserting ``(as specified in section 107(p))'' after ``all appropriate inquiry''; and (B) by striking ``For purposes of the preceding sentence'' and inserting ``For purposes of the application of the preceding sentence to acquisitions occurring on or before April 15, 1994,''. SEC. 4. LIMITATIONS ON LIABILITY FOR RESPONSE COSTS FOR PROSPECTIVE PURCHASERS. (a) Limitations on Liability.--Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is further amended by adding at the end the following new subsection: ``(q) Limitations on Liability for Prospective Purchasers.--To the extent the liability of a person, with respect to a release or the threat of a release from a facility, is based solely on subsection (a)(1), the person shall not be liable under this Act if the person-- ``(1) is a bona fide prospective purchaser of the facility or an operator of a facility owned by such a bona fide prospective purchaser; ``(2) does not impede the performance of any response action or natural resource restoration at a facility; ``(3) provided all legally required notices with respect to the discovery or release of any hazardous substances at the facility; ``(4) exercised appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to-- ``(A) stop ongoing releases; ``(B) prevent threatened future releases of hazardous substances; and ``(C) prevent or limit human or natural resource exposure to hazardous substances previously released into the environment; ``(5) provides full cooperation, assistance, and facility access to such persons as are authorized to conduct response actions at the facility, including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial response action at the facility; and ``(6) is not liable, or is not affiliated with any other person that is liable, for response costs at the facility, through any direct or indirect familial relationship, or any contractual, corporate, or financial relationship other than that created by the instruments by which title to the facility is conveyed or financed.''. (b) Prospective Purchaser and Windfall Lien.--Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (as amended by subsection (a)) is amended by adding after subsection (q) the following new subsection: ``(r) Prospective Purchaser and Windfall Lien.-- ``(1) In general.--In any case in which the United States has incurred unrecovered costs of response not inconsistent with the National Contingency Plan at a facility for which an owner of the facility is not liable by reason of subsection (q), and the conditions described in paragraph (3) are met, the United States shall have a lien on the facility, or may obtain, from the appropriate responsible party or parties, a lien on other property or other assurances of payment satisfactory to the Administrator, for the unrecovered costs. ``(2) Amount; duration.--The lien-- ``(A) shall be for an amount not to exceed the lesser of the amount of the United States costs of response not inconsistent with the National Contingency Plan or the amount of the increase in fair market value of the property attributable to the response action at the time of a subsequent sale or other disposition of the property; ``(B) shall arise at the time costs are first incurred by the United States with respect to a response action at the facility; ``(C) shall be subject to the requirements for notice and validity specified in subsection (l)(3); and ``(D) shall continue until the earlier of satisfaction of the lien or recovery of all United States costs of response not inconsistent with the National Contingency Plan incurred at the facility, notwithstanding any statute of limitations provided in section 113. Nothing in this subsection prevents the United States and a purchaser from entering into a settlement at any time that extinguishes a lien under this subsection. ``(3) Conditions.--The conditions referred to in paragraph (1) are the following: ``(A) Response action.--An action for which the United States has incurred unrecovered costs of response not inconsistent with the National Contingency Plan is carried out at the facility. ``(B) Fair market value.--The response action increases the fair market value of the facility.''. (c) Definition of Bona Fide Prospective Purchaser.--Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601) is amended by adding at the end the following: ``(40) Bona fide prospective purchaser.--The term `bona fide prospective purchaser' means a person who acquires ownership of a facility after the date of enactment of the Common Sense Superfund Liability Relief Act of 1999 who can establish each of the following by a preponderance of the evidence: ``(A) Disposal prior to acquisition.--All active disposal of hazardous substances at the facility occurred before the person acquired the facility. ``(B) Inquiry.-- ``(i) In general.--The person made all appropriate inquiry as provided in section 101(35)(B) into the previous ownership and uses of the facility in accordance with generally accepted good commercial and customary standards and practices. ``(ii) Standards.--The ASTM standards described in section 107(p)(2) or the alternative standards issued or designated by the President pursuant to that section shall satisfy the requirements of this subparagraph. ``(iii) Residential property.--In the case of property in residential or other similar use at the time of purchase by a nongovernmental or noncommercial entity, a site inspection and title search that reveal no basis for further investigation shall satisfy the requirements of this subparagraph.''. ``(C) Notices.--The person provided all legally required notices with respect to the discovery or release of any hazardous substances at the facility. ``(D) Care.--The person exercised appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to-- ``(i) stop ongoing releases; ``(ii) prevent threatened future releases of hazardous substances; and ``(iii) prevent or limit human or natural resource exposure to hazardous substances previously released into the environment. ``(E) Cooperation, assistance, and access.--The person provides full cooperation, assistance, and facility access to such persons as are authorized to conduct response actions at the facility, including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial response action at the facility. ``(F) Relationship.--The person is not liable, or is not affiliated with any other person that is potentially liable, for response costs at the facility, through any direct or indirect familial relationship, or any contractual, corporate, or financial relationship other than that created by the instruments by which title to the facility is conveyed or financed.''.

Adds provisions related to defenses to liability of an owner of property acquired after April 15, 1994, to deem a person to have made (under current law, "undertaken") appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the Administrator of the Environmental Protection Agency) and the person fulfills certain responsibilities concerning information compilation, exercise of appropriate care with respect to hazardous substances at the facility, and cooperation with those conducting response actions. Absolves from liability for response actions certain bona fide prospective purchasers or operators of facilities owned by such purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States in any case in which there are unrecovered response costs not inconsistent with the National Contingency Plan incurred by the United States for which the owner is not liable by reason of this section and the action increases the facility's fair market value.

SECTION 1. ESTABLISHMENT OF COMMISSION. There is established the National Commission on the Cybersecurity of United States Election Systems (in this Act referred to as the ``Commission''). SEC. 2. PURPOSES. The purposes of the Commission are-- (1) to identify and document mitigation and response actions to or in the prevention of cybersecurity vulnerabilities in, or threats or attacks to, the election systems in the United States in 2016; (2) to document and describe any harm or attempted harm with respect to election systems in the United States in 2016; (3) to review foreign cyber interference in elections in other countries in order to understand additional cybersecurity threats, interference methods, and successful defense mechanisms; (4) to make a full and complete accounting of what emerging threats and unmitigated vulnerabilities remain and to identify likely threats to election systems in the United States; and (5) to report on the recommendations of the Commission for action at the Federal, State, and local level. SEC. 3. COMPOSITION OF THE COMMISSION. (a) Members.--The Commission shall be composed of 15 members, of whom-- (1) 2 members shall be appointed by the Election Assistance Commission; (2) 3 members shall be appointed by the members of the National Association of Secretaries of State together with the members of the National Association of State Election Directors; (3) 5 members shall be appointed by the majority leader of the Senate, in consultation with the minority leader of the Senate, from all candidates nominated under subparagraphs (A) through (E), including-- (A) 3 candidates nominated by the chairperson, in consultation with the ranking member, of the Committee on the Judiciary of the Senate; (B) 3 candidates nominated by the chairperson, in consultation with the ranking member of the Select Committee on Intelligence of the Senate; (C) 3 candidates nominated by the chairperson, in consultation with the ranking member of the Committee on Foreign Relations of the Senate; (D) 3 candidates nominated by the chairperson, in consultation with the ranking member of the Committee on Homeland Security and Governmental Affairs of the Senate; and (E) 3 candidates nominated by the chairperson, in consultation with the ranking member of the Committee on Rules and Administration of the Senate; and (4) 5 members shall be appointed by the Speaker of the House of Representatives, in consultation with the minority leader of the House of Representatives, from all candidates nominated under subparagraphs (A) through (E), including-- (A) 3 candidates nominated by the chairperson, in consultation with the ranking member of the Committee on the Judiciary of the House of Representatives; (B) 3 candidates nominated by the chairperson, in consultation with the ranking member of the Permanent Select Committee on Intelligence of the House of Representatives; (C) 3 candidates nominated by the chairperson, in consultation with the ranking member of the Committee on Foreign Affairs of the House of Representatives; (D) 3 candidates nominated by the chairperson, in consultation with the ranking member of the Committee on Homeland Security of the House of Representatives; and (E) 3 candidates nominated by the chairperson, in consultation with the ranking member of the Committee on House Administration of the House of Representatives. (b) Chairperson.--The Commission shall nominate a chairperson of the Commission from among the members of the Commission. (c) Qualifications; Initial Meeting.-- (1) Political party affiliation.--Not more than 8 members of the Commission shall be from the same political party. (2) Elected officials.--An individual appointed to the Commission may not be a serving elected official of the Federal Government or any State or local government. (3) Other qualifications.--It is the sense of Congress that individuals appointed to the Commission should be prominent United States citizens, with national recognition and significant depth of experience in such professions as governmental service, law enforcement, election law, election security, political campaign management, information warfare, public administration, cyber espionage, and cybersecurity. (4) Initial meeting.--If 60 days after the date of enactment of this Act, eight or more members of the Commission have been appointed, those members who have been appointed may meet and, if necessary, select a temporary chairperson, who may begin the operations of the Commission, including the hiring of staff. (d) Quorum; Vacancies.--After its initial meeting, the Commission shall meet upon the call of the chairperson or a majority of its members. Eight members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. SEC. 4. FUNCTIONS OF THE COMMISSION. The functions of the Commission are-- (1) to conduct an investigation that-- (A) documents the relevant facts and circumstances with respect to harm or attempted harm to the election systems in the United States in 2016, including any regulation, plan, policy, practice, or procedure; and (B) may include relevant facts and circumstances relating to-- (i) intelligence agencies; (ii) international intelligence agencies with which the United States traditionally collaborates; (iii) law enforcement agencies; (iv) election infrastructure providers, vendors, or consultants; (v) political campaign professionals, information warfare experts, or political press experts; (vi) public or private cybersecurity vendors, consultants, advisors, or staff; (vii) State and local election officials and election personnel; (viii) persons with election oversight responsibilities, including government entities and nonprofit organizations; (ix) cybersecurity; and (x) other areas of the public and private sectors determined relevant by the Commission; (2) to identify and document successful and unsuccessful mitigation and response actions in the prevention of cybersecurity vulnerabilities, threats, or attacks to the election systems in the United States in 2016; (3) to identify, review, and evaluate-- (A) what unmitigated cybersecurity gaps remain; and (B) what are the most likely threats to election systems in the future; (4) to develop recommendations for action at the Federal, State, and local level, including with respect to the structure, coordination, management policies, and procedures of the Federal Government in-- (A) assessing; (B) detecting; (C) preventing; and (D) responding to cybersecurity vulnerabilities, threats, or attacks; and (5) to submit to the President and Congress the reports required by this Act containing the findings, conclusions, and recommendations as the Commission shall determine. SEC. 5. POWERS OF THE COMMISSION. (a) In General.-- (1) Hearings and evidence.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act-- (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (B) require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable. (2) Subpoenas.-- (A) Issuance.--Subpoenas issued under paragraph (1)(B) may be issued under the signature of the chairperson of the Commission, the chairperson of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission, and may be served by any person designated by the chairperson, subcommittee chairperson, or member. (B) Enforcement.-- (i) In general.--In the case of contumacy or failure to obey a subpoena issued under paragraph (1)(B), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (ii) Additional enforcement.--Sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194) shall apply in the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section. (b) Closed Meetings.-- (1) In general.--Meetings of the Commission may be closed to the public under section 10(d) of the Federal Advisory Committee Act (5 U.S.C. App.) or other applicable law. (c) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge the duties of the Commission under this Act. (d) Information From Federal Agencies.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government information, suggestions, estimates, and statistics for the purposes of this Act. 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 chairperson, the chairperson of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (e) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States are authorized to provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (f) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (g) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. SEC. 6. STAFF OF THE COMMISSION. (a) In General.-- (1) Appointment and compensation.--The chairperson, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out the functions of the Commission, 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 no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Personnel as federal employees.-- (A) In general.--The executive director and any personnel of the Commission who are employees 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. (B) Members of commission.--Subparagraph (A) shall not be construed to apply to members of the Commission. (b) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 7. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.--Each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 8. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. The appropriate executive departments and agencies shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances in a manner consistent with existing procedures and requirements, except that no person shall be provided with access to classified information under this section who would not otherwise qualify for such security clearance. SEC. 9. REPORTS OF THE COMMISSION; TERMINATION. (a) Initial Report.--Not later than 6 months after the date of the first meeting of the Commission, the Commission shall submit to the President and Congress an initial report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (b) Additional Reports.--Not later than 1 year after the submission of the initial report of the Commission, the Commission shall submit to the President and Congress a second report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (c) Termination.-- (1) In general.--The Commission, and all the authorities of this Act, shall terminate 60 days after the date on which the second report is submitted under subsection (b). (2) Administrative activities before termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding the activities of the Commission, including providing testimony to committees of Congress concerning the reports of the Commission and disseminating the second report. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this Act, to remain available until expended.

This bill establishes the National Commission on the Cybersecurity of United States Election Systems. The purposes of the commission are to: identify and document mitigation and response activities to or in the prevention of cybersecurity vulnerabilities in U.S. election systems in 2016; document and describe any harm or attempted harm to U.S. election systems in 2016; review foreign cyber interference in elections in other countries to determine additional cybersecurity threats, interference methods, and successful defense mechanisms; make a full and complete accounting of emerging threats and unmitigated vulnerabilities to U.S. election systems; and report recommendations for action at the federal, state, and local levels. The commission is given the authority to hold hearings and issue subpoenas to fulfill its purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trisomy 21 Research Resource Act of 2011''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The father of modern genetics, Dr. Jerome Lejeune, discovered the extra chromosome 21 responsible for the condition, known as Down syndrome, which he called Trisomy 21 in January 1959. His discovery has opened the doors of genetics to new generations of researchers. (2) Down syndrome was named after Dr. John Langdon Down, the first physician to describe the syndrome. (3) Down syndrome is the most frequent genetic cause of intellectual and developmental disabilities and associated medical problems and occurs in one out of 691 live births, in all races and economic groups. Intellectual disability, formerly mental retardation, is a disability characterized by significant limitations both in intellectual functioning and in adaptive behavior, which covers many everyday social and practical skills. This disability originates before birth and lasts a lifetime. (4) Chromosomes are cell structures that hold our genes. Genes are the instructions that cells give that determine things such as eye color, blood type, and susceptibility to disease. Human cells normally contain 23 pairs of chromosomes, one pair from the mother and one pair from the father. (5) Down syndrome occurs when, because of cell division error, there are 3 partial or total copies of chromosome 21 rather than the normal 2. Because of the extra copy of chromosome 21, people with Down syndrome are more susceptible to diseases including Alzheimer's disease, leukemia, congenital heart disease, seizures, and diabetes. However, people with Down syndrome may be protected from other common diseases including atherosclerosis, hypertension, and solid tumors such as brain, gastrointestinal, and breast tumors. Therefore, the study of Down syndrome may lead to novel treatments of common diseases that affect millions of Americans. Lead researcher, Dr. Bill Mobely is quoted as saying ``We're not just asking what our country can do for people with Down syndrome, we're asking what studies of people can do for our country and the world.''. (6) There are more than 400,000 people living with Down syndrome in the United States. (7) Down syndrome incidence increases with the age of the mother, but due to higher fertility rates in younger women, the majority of children with Down syndrome are born to women under 35 years of age. (8) Life expectancy for people with Down syndrome has increased dramatically in recent decades, but varies significantly across various ethnic groups. People with Down syndrome attend school, work, participate in decisions that concern them, and contribute to society in many meaningful ways. (9) The Children's Health Act of 2000 (Public Law 106-310) amended the Public Health Service Act (42 U.S.C. 201 et seq.) and included a number of provisions that addressed the research and surveillance needs of many disabilities such as autism, traumatic brain injury, Fragile X syndrome, juvenile diabetes, asthma, epilepsy, and others. However, this landmark legislation did not address the significant research, surveillance, and clinical care needs of Down syndrome and thus has been an impediment to progress in the Down syndrome research community over the last decade. This Act attempts to incorporate Down syndrome as an area of permissible research and surveillance at the National Institutes of Health and the Centers for Disease Control and Prevention and will foster a better understanding of Down syndrome. SEC. 3. NIH DOWN SYNDROME RESEARCH ACTIVITIES. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409K. DOWN SYNDROME RESEARCH ACTIVITIES. ``(a) Expansion, Intensification, and Coordination of Activities.-- ``(1) In general.--The Director of NIH, acting through the director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development, shall expand and intensify programs of the National Institutes of Health with respect to research and related activities concerning Down syndrome. The Director of NIH shall carry out such programs in coordination with a working group composed of representatives of the relevant institutes, centers, offices, and agencies of the National Institutes of Health. ``(2) NIH research plan on down syndrome.--The Director of NIH shall publish a Research Plan on Down Syndrome, and update it every five years or as appropriate. ``(b) Activities.--In expanding and intensifying programs under subsection (a)(1): ``(1) Basic, translational, and clinical research.-- Building on the comprehensive research plan set forth by the NIH Research Plan for Down Syndrome published in October 2007, the Director of NIH may conduct basic, clinical, and translational research on Down syndrome, including research on the following: ``(A) Early detection, diagnosis, and treatment of Down syndrome. ``(B) The biological mechanisms responsible for structural and functional anomalies in cells and tissues affected by Down syndrome. ``(C) The biological mechanisms responsible for cognitive and behavioral dysfunction resulting from Down syndrome. ``(D) Novel biomedical and pharmacological interventions designed to promote or enhance cognition and related brain functions and activities of daily living (ADLs). ``(E) Co-occurrence of and treatments for associated medical and neurobehavioral disorders. ``(F) Developmental disorders, interventions for congenital heart disease, obstructive sleep apnea, coronary heart disease, obesity, and metabolism. ``(G) Contributions of genetic variation to clinical presentation as targets for therapy. ``(H) Identification of biomarkers for complex phenotypes. ``(I) Noninvasive imaging in support of efforts to identify other genotypes and phenotypes of Down syndrome. ``(J) Pharmacological and other therapies for common features of Down syndrome including Alzheimer's disease and other Down syndrome-related disorders. ``(K) Research related to improving the quality of life for individuals with Down syndrome and their families. ``(L) Research training programs aimed at increasing the number of scientists who are trained to carry out these research directions. ``(2) Facilitation of research resources.-- ``(A) Contact registry for individuals with down syndrome.-- ``(i) In general.--The Director of NIH may award a grant or contract to an eligible entity for the purpose of-- ``(I) identifying individuals with Down syndrome across the Nation; ``(II) collecting the names and contact information of such individuals; and ``(III) maintaining such names and contact information in a registry. ``(ii) Consent required.--As a condition on the receipt of a grant or contract under this subparagraph, an entity shall agree that information about any individual will be collected or maintained pursuant to this subparagraph only if the individual has consented to such collection and maintenance. ``(iii) Eligible entity defined.--In this subparagraph, the term `eligible entity' means a consortium including at least one national Down syndrome patient advocacy organization. ``(B) Research database for down syndrome.-- ``(i) In general.--The Director of NIH may establish a database including the names, contact information, and each medical condition of individuals with Down syndrome. ``(ii) Requirements.--The database under clause (i) shall-- ``(I) be searchable by category of medical condition; and ``(II) be used exclusively to facilitate research. ``(iii) Consent required.--The Director of NIH may include information about an individual in the Research Database for Down Syndrome only with the individual's consent. ``(C) Biobank for down syndrome.-- ``(i) In general.--The Director of NIH may expand one or more tissue banks maintained or supported by the National Institutes of Health-- ``(I) to identify any tissue harvested from a tissue donor with Down syndrome; ``(II) to include each medical condition of any such tissue donor; and ``(III) to allow searches specific to tissue identified under subclause (I) and by category of medical condition included under subclause (II). ``(ii) Consent required.--The Director of NIH may collect and maintain information about an individual pursuant to this subparagraph only with the individual's consent. ``(D) Research resources.--In carrying out this paragraph, the Director of NIH may-- ``(i) subject to the consent requirements of subparagraphs (A)(ii), (B)(iii), and (C)(ii), use information collected by the National Institutes of Health pursuant to other provisions of law or prior to the date of the enactment of this section; ``(ii) take into consideration the availability of other research resources; ``(iii) encourage the use of research resources for research on, and development of, therapies and treatments for individuals with Down syndrome; and ``(iv) encourage the inclusion of individuals with Down syndrome in clinical trials conducted or supported by the National Institutes of Health. ``(3) Down syndrome consortium.--The Director of NIH may provide for the participation of agencies of the National Institutes of Health in a consortium to facilitate the exchange of information and to make the research effort on Down syndrome more efficient and effective by ensuring consistent communication, minimizing duplication of effort, and integrating the varied perspectives of partner agencies, organizations, and individuals. Such consortium shall include at least one national Down syndrome patient advocacy organization and may be the same consortium receiving a grant or contract under paragraph (2)(A).''. SEC. 4. CDC DOWN SYNDROME SURVEILLANCE AND RESEARCH PROGRAMS. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317T the following: ``SEC. 317U. DOWN SYNDROME SURVEILLANCE AND RESEARCH PROGRAMS. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants and cooperative agreements to public or nonprofit private entities (including State health departments, political subdivisions of States, universities, and other educational entities) for the collection, analysis, and reporting of data on Down syndrome. In making such awards, the Secretary may provide direct technical assistance, including personnel support, in lieu of cash. ``(b) National Down Syndrome Epidemiology Program.-- ``(1) Grants.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to public or nonprofit private entities (including State health departments, political subdivisions of States, universities, and other educational entities) for the purpose of carrying out epidemiological activities regarding Down syndrome, including collecting and analyzing information on the number, incidence, correlates, and symptoms of cases and the clinical utility (including costs and benefits) of specific practice patterns. In making such awards, the Secretary may provide direct technical assistance, including personnel support, in lieu of cash. ``(2) National surveillance program.--In carrying out subsection (a), the Secretary shall-- ``(A) provide for a national surveillance program; and ``(B) where possible, ensure that the surveillance program is coordinated with the data and sample collection activities of the National Institutes of Health under section 409K.''. SEC. 5. REPORT TO CONGRESS. Not later than January 1, 2012, and each January 1 thereafter, the Secretary of Health and Human Services shall prepare and submit to the appropriate committees of the Congress a report concerning the implementation of this Act and the amendments made by this Act.

Trisomy 21 Research Resource Act of 2011 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), acting through the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development, to expand and intensify NIH programs with respect to research and related activities concerning Down syndrome. Requires the Director of NIH to publish a research plan on Down syndrome and update it every five years or as appropriate. Authorizes the Director of NIH to: (1) conduct basic, clinical, and translational research on Down syndrome; (2) award a grant or contract for a registry of individuals with Down syndrome; (3) establish a database including the names, contact information, and each medical condition of individuals with Down syndrome; and (4) expand one or more tissue banks maintained or supported by NIH to identify any tissue harvested from a tissue donor with Down syndrome. Requires consent before including an individual's information in the registry, the database, or the tissue bank. Authorizes the Director of NIH to provide for the participation of NIH agencies in a consortium to facilitate the exchange of information and to make the research effort on Down syndrome more efficient and effective by ensuring consistent communication, minimizing duplication of effort, and integrating the varied perspectives of partner agencies, organizations, and individuals. Authorizes the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) award grants and cooperative agreements for the collection, analysis, and reporting of data on Down syndrome; and (2) carry out epidemiological activities regarding Down syndrome.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elementary School Counseling Demonstration Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) elementary school children are being subjected to unprecedented social stresses, including fragmentation of the family, drug and alcohol abuse, child abuse, poverty, and violence, and experts indicate that intervention at an early age is the most beneficial; (2) an increasing number of elementary school children are exhibiting symptoms of distress, such as substance abuse, emotional disorders, academic underachievement, disruptive behavior, juvenile delinquency, and suicide; (3) elementary school counselors, school psychologists and school social workers can contribute to the personal growth, educational development, and emotional well-being of elementary school children by providing professional counseling, intervention, and referral services; (4) the average ratio of elementary school counselors to students is 1 to 1,000, the average ratio of school psychologists to students is 1 to 2,500, and the average ratio of school social workers to students is 1 to 2,500; (5) when there is 1 counselor to 1,000 students, 1 school psychologist to 2,500 students, and 1 school social worker to 2,500 students, elementary school counseling programs are seldom adequate; (6) the Federal Government can help reduce the risk of academic, social, and emotional problems among elementary school children by stimulating the development of model elementary school counseling programs; and (7) the Federal Government can help reduce the risk of future unemployment and assist the school to work transition by stimulating the development of model elementary school counseling programs that include comprehensive career development. (b) Purpose.--It is the purpose of this Act to enhance the availability and quality of counseling services for elementary school children by providing grants to local educational agencies to enable such agencies to establish effective and innovative elementary school counseling programs that can serve as national models. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $10,000,000 for each of the fiscal years 1994, 1995, 1996, 1997, and 1998 to carry out this Act. SEC. 4. PROGRAM AUTHORITY. (a) In General.--From amounts appropriated pursuant to the authority of section 3 in any fiscal year, the Secretary shall make grants to local educational agencies having applications approved under section 5 to initiate or expand school counseling programs for elementary school children. (b) Priority.--In awarding grants under this Act, the Secretary shall give special consideration to applications describing programs that-- (1) demonstrate the greatest need for new or additional counseling services among the children in the elementary schools served by the applicant; (2) propose the most promising and innovative approaches for initiating or expanding elementary school counseling; and (3) show the greatest potential for replication and dissemination. (c) Equitable Distribution.--In awarding grants under this Act, the Secretary shall ensure an equitable geographic distribution among the regions of the United States and among urban, suburban, and rural areas. (d) Duration.--A grant under this Act shall be awarded for a period not to exceed 3 years. (e) Maximum Grant.--A grant under this Act shall not exceed $400,000 for any fiscal year. SEC. 5. APPLICATIONS. (a) In General.--Each local educational agency desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (b) Notification of State Educational Agency.--Before submitting an application to the Secretary in accordance with subsection (a), a local educational agency shall provide the State educational agency with an opportunity to review and comment on the program described in such application. The comments of the State educational agency shall be appended to the application upon submission of the application to the Secretary. (c) Contents.--Each application for a grant under this Act shall-- (1) describe the elementary school population to be targeted by the program, the particular personal, social, emotional, educational, and career development needs of such population, and the current school counseling resources available for meeting such needs; (2) describe the activities, services, and training to be provided by the program and the specific approaches to be used to meet the needs described in paragraph (1); (3) describe the methods to be used to evaluate the outcomes and effectiveness of the program; (4) describe the collaborative efforts to be undertaken with institutions of higher education, businesses, labor organizations, community groups, social service agencies, and other public or private entities to enhance the program and promote school-linked services integration; (5) describe collaborative efforts with institutions of higher education which specifically seek to enhance or improve graduate programs specializing in the preparation of elementary school counselors, school psychologists, and school social workers; (6) document that the applicant has the personnel qualified to develop, implement, and administer the program; (7) describe how any diverse cultural populations would be served through the program; (8) assure that the funds made available under this Act for any fiscal year will be used to supplement and, to the extent practicable, increase the level of funds that would otherwise be available from non-Federal sources for the program described in the application, and in no case supplant such funds from non-Federal sources; and (9) assure that the applicant will appoint an advisory board composed of parents, school counselors, school psychologists, school social workers, other pupil services personnel, teachers, school administrators, and community leaders to advise the local educational agency on the design and implementation of the program. SEC. 6. USE OF FUNDS. (a) In General.--Grant funds under this Act shall be used to initiate or expand elementary school counseling programs that comply with the requirements in subsection (b). (b) Program Requirements.--Each program assisted under this Act shall-- (1) be comprehensive in addressing the personal, social, emotional, educational, and career development needs of all students; (2) use a developmental, preventive approach to counseling; (3) increase the range, availability, quantity, and quality of counseling services in the elementary schools of the local educational agency; (4) ensure a team approach to school counseling by maintaining a ratio in the elementary schools of the local educational agency that does not exceed 1 school counselor to 250 students, 1 school social worker to 800 students and 1 school psychologist to 1,000 students; (5) expand counseling services only through qualified school counselors, school psychologists, and school social workers; (6) use innovative approaches to increase children's understanding of peer and family relationships, work and self, decisionmaking, academic and career planning, or to improve social functioning; (7) provide counseling services with the goal of developing a highly skilled workforce through a range of quality educational programs and work-related experiences that allow students to reach high school graduation equipped to tackle immediately the world of work, or to continue in some form of postsecondary education or training, or both; (8) provide counseling services that are well-balanced among classroom group and small group counseling, individual counseling, and consultation with parents, teachers, administrators, and other pupil services personnel; (9) include inservice training for school counselors, school social workers, school psychologists, other pupil services personnel, teachers, and instructional staff; (10) involve parents of participating students in the design, implementation, and evaluation of a counseling program; (11) involve collaborative efforts with institutions of higher education, businesses, labor organizations, community groups, social service agencies, or other public or private entities to enhance the program and promote school-linked services integration; (12) ensure that school counselors, school psychologists or school social workers paid from funds made available under this Act spend at least 85 percent of their total work time in activities directly related to the counseling process and not more than 15 percent of such time on administrative tasks that are associated with the counseling program; (13) provide supervision for professionals who are hired under this Act by supervisors who are school counselors, school social workers, and school psychologists; and (14) evaluate annually the effectiveness and outcomes of the counseling services and activities assisted under this Act. SEC. 7. NATIONAL ADMINISTRATION. (a) Office of Pupil Services.-- (1) In general.--Title II of the Department of Education Organization Act (20 U.S.C. 3411 et seq.) is amended by adding at the end the following new section: ``office of pupil services ``Sec. 216. (a) There shall be in the Department of Education an Office of Pupil Services, to be administered by the Director of Pupil Services. Such Office shall be established in accordance with section 405A of the General Education Provisions Act. ``(b) The Director of Pupil Services shall be an individual of recognized professional qualifications and experience in the field of pupil services.''. (2) Amendment to the general education provisions act.-- Part A of the General Education Provisions Act (20 U.S.C. 1221e et seq.) is amended by inserting after section 405 the following new section: ``SEC. 405A. OFFICE OF PUPIL SERVICES. ``(a) Establishment.--The Secretary shall establish an Office of Pupil Services (hereafter in this section referred to as the `Office'). ``(b) Functions of the Office.--The Office shall be responsible for-- ``(1) administering, reviewing, and monitoring pupil services programs, including the programs funded under the Elementary School Counseling Act; and ``(2) providing a national focal point for information and technical assistance regarding the counseling, personal, social, emotional, educational, career development and psychological needs of elementary and secondary school children.''. (b) Data Collection and Evaluation.-- (1) In general.--The Director of the Office of Pupil Services shall compile the evaluations of the programs assisted under this Act and shall regularly collect such data as the Secretary finds necessary to develop a profile of the use and impact of funds provided under this Act. (2) Report.--The Secretary shall issue a report evaluating the programs assisted pursuant to each grant under this section at the end of each grant period, but in no case later than January 30, 1998. (c) Dissemination.--The Secretary shall make the programs assisted under this Act available for dissemination, either through the National Diffusion Network or other appropriate means. (d) Limit on Administration.--Not more than 5 percent of the amounts appropriated pursuant to the authority of section 3 in any fiscal year shall be used to carry out the provisions of this section, including the costs of establishing the Office of Pupil Services. SEC. 8. DEFINITIONS. For purposes of this Act-- (1) the term ``comprehensive'' means, with respect to counseling services, a program in which-- (A) a school counselor, school psychologist, or school social worker uses a range of individual and group techniques and resources in a planned way to meet the personal, social, emotional, educational, and career development needs of all elementary children in a school; and (B) a school counselor, school psychologist, or school social worker works directly with children, families, teachers, and other school or agency personnel to create an optimal positive learning environment and personal growth opportunities for all children; (2) the term ``developmental'' means, with respect to a school counseling program, a systematically planned program that-- (A) provides appropriate school counseling interventions to foster the social, emotional, physical, moral, and cognitive growth of elementary school children; (B) provides intervention services to help children cope with family, social, emotional, and academic problems; and (C) supports and enhances the efforts of families, teachers, and other school personnel to provide children maximum opportunity to acquire competence and skill in self-understanding and appreciation, interpersonal interaction, educational achievement and literacy, and career awareness and personal decisionmaking; (3) the term ``Director'' means the Director of the Office of Pupil Services in the Department of Education; (4) the term ``elementary school'' has the meaning given such term in section 1471(8) of the Elementary and Secondary Education Act of 1965; (5) the term ``institution of higher education'' has the meaning given such term in section 1201(a) of the Higher Education Act of 1965; (6) the term ``local educational agency'' has the meaning given such term in section 1471(12) of the Elementary and Secondary Education Act of 1965; (7) the term ``parent'' has the meaning given such term in section 1471(14) of the Elementary and Secondary Education Act of 1965; (8) the term ``pupil services personnel'' has the meaning given such term in section 1471(17) of the Elementary and Secondary Education Act of 1965; (9) 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) in the absence of such State licensure or certification, 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; (10) 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 the school setting; and (B) possess State licensure or certification in the State in which the individual works; or (C) in the absence of such State licensure or certification, possess national certification by the National School Psychology Certification Board; (11) the term ``school social worker'' means an individual who holds a master's degree in social work and is licensed or certified by the State in which services are provided or holds a school social work specialist credential; (12) the term ``Secretary'' means the Secretary of Education; (13) the term ``State educational agency'' has the meaning given such term in section 1471(23) of the Elementary and Secondary Education Act of 1965; and (14) the term ``supervisor'' means an individual who has the equivalent number of years of professional experience in such individual's respective discipline as is required of teaching experience for the supervisor or administrative credential in the State of such individual. S 1142 IS----2

Elementary School Counseling Demonstration Act - Establishes an elementary school counseling demonstration grant program. Authorizes appropriations. Directs the Secretary of Education to make such grants to local education agencies (LEAs). Requires LEAs to notify their State education agencies before applying for such grants. Sets certain priorities for grant awards. Amends the Department of Education Organization Act to direct the Secretary to establish an Office of Pupil Services in the Department of Education. Requires the Director of such Office to compile LEA evaluations of programs under this Act. Directs the Secretary to issue a research and evaluation report.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Contractor Determination Act of 2001''. SEC. 2. SAFE HARBOR FOR DETERMINING THAT CERTAIN INDIVIDUALS ARE NOT EMPLOYEES. (a) In General.--Chapter 25 of the Internal Revenue Code of 1986 (relating to general provisions relating to employment taxes) is amended by adding after section 3510 the following new section: ``SEC. 3511. SAFE HARBOR FOR DETERMINING THAT CERTAIN INDIVIDUALS ARE NOT EMPLOYEES. ``(a) Safe Harbor.-- ``(1) In general.--For purposes of this title, if the requirements of subsections (b), (c), and (d), or the requirements of subsections (d) and (e), are met with respect to any service performed by any individual, then with respect to such service-- ``(A) the service provider shall not be treated as an employee, ``(B) the service recipient shall not be treated as an employer, ``(C) the payor shall not be treated as an employer, and ``(D) compensation paid or received for such service shall not be treated as paid or received with respect to employment. ``(2) Availability of safe harbor not to limit application of other laws.--Nothing in this section shall be construed-- ``(A) as limiting the ability of a service provider, service recipient, or payor to apply other provisions of this title, section 530 of the Revenue Act of 1978, or the common law in determining whether an individual is not an employee, or ``(B) as a prerequisite for the application of any provision of law described in subparagraph (A). ``(b) Service Provider Requirements With Regard to the Service Recipient.--For purposes of subsection (a), the requirements of this subsection are met if the service provider, in connection with performing the service-- ``(1) has the ability to realize a profit or loss, ``(2) agrees to perform services for a particular amount of time or to complete a specific result or task, and ``(3) either-- ``(A) has a significant investment in assets, or ``(B) incurs unreimbursed expenses which are ordinary and necessary to the service provider's industry and which represent an amount equal to at least 2 percent of the service provider's gross income attributable to services performed pursuant to 1 or more contracts described in subsection (d). ``(c) Additional Service Provider Requirements With Regard to Others.--For the purposes of subsection (a), the requirements of this subsection are met if the service provider-- ``(1) has a principal place of business, ``(2) does not primarily provide the service at a single service recipient's facilities, ``(3) pays a fair market rent for use of the service recipient's facilities, or ``(4) operates primarily from equipment supplied by the service provider. ``(d) Written Document Requirements.--For purposes of subsection (a), the requirements of this subsection are met if the services performed by the service provider are performed pursuant to a written contract between such service provider and the service recipient, or the payor, and such contract provides that the service provider will not be treated as an employee with respect to such services for Federal tax purposes and that the service provider is responsible for the provider's own Federal, State, and local income taxes, including self- employment taxes and any other taxes. ``(e) Business Structure and Benefits Requirements.--For purposes of subsection (a), the requirements of this subsection are met if the service provider-- ``(1) conducts business as a properly constituted corporation or limited liability company under applicable State laws, and ``(2) does not receive from the service recipient or payor any benefits that are provided to employees of the service recipient. ``(f) Special Rules.--For purposes of this section-- ``(1) Failure to meet reporting requirements.--If for any taxable year any service recipient or payor fails to meet the applicable reporting requirements of section 6041(a) or 6041A(a) with respect to a service provider, then, unless the failure is due to reasonable cause and not willful neglect, the safe harbor provided by this section for determining whether individuals are not employees shall not apply to such service recipient or payor with respect to that service provider. ``(2) Corporation and limited liability company service providers.-- ``(A) Returns required.--If, for any taxable year, any corporation or limited liability company fails to file all Federal income and employment tax returns required under this title, unless the failure is due to reasonable cause and not willful neglect, subsection (e) shall not apply to such corporation or limited liability company. ``(B) Reliance by service recipient or payor.--If a service recipient or a payor-- ``(i) obtains a written statement from a service provider which states that the service provider is a properly constituted corporation or limited liability company, provides the State (or in the case of a foreign entity, the country), and year of, incorporation or formation, provides a mailing address, and includes the service provider's employer identification number, and ``(ii) makes all payments attributable to services performed pursuant to 1 or more contracts described in subsection (d) to such corporation or limited liability company, then the requirements of subsection (e)(1) shall be deemed to have been satisfied. ``(C) Availability of safe harbor.-- ``(i) In general.--For purposes of this section, unless otherwise established to the satisfaction of the Secretary, the number of covered workers which are not treated as employees by reason of subsection (e) for any calendar year shall not exceed the threshold number for the calendar year. ``(ii) Threshold number.--For purposes of this paragraph, the term `threshold number' means, for any calendar year, the greater of (I) 10 covered workers, or (II) a number equal to 3 percent of covered workers. ``(iii) Covered worker.--For purposes of this paragraph, the term `covered worker' means an individual for whom the service recipient or payor paid employment taxes under subtitle C in all 4 quarters of the preceding calendar year. ``(3) Burden of proof.--For purposes of subsection (a), if-- ``(A) a service provider, service recipient, or payor establishes a prima facie case that it was reasonable not to treat a service provider as an employee for purposes of this section, and ``(B) the service provider, service recipient, or payor has fully cooperated with reasonable requests from the Secretary or his delegate, then the burden of proof with respect to such treatment shall be on the Secretary. ``(4) Related entities.--If the service provider is performing services through an entity owned in whole or in part by such service provider, the references to service provider in subsections (b) through (e) shall include such entity if the written contract referred to in subsection (d) is with such entity. ``(g) Determinations by the Secretary.--For purposes of this title-- ``(1) In general.-- ``(A) Determinations with respect to a service recipient or a payor.--A determination by the Secretary that a service recipient or a payor should have treated a service provider as an employee shall be effective no earlier than the notice date if-- ``(i) the service recipient or the payor entered into a written contract satisfying the requirements of subsection (d), ``(ii) the service recipient or the payor satisfied the applicable reporting requirements of section 6041(a) or 6041A(a) for all taxable years covered by the contract described in clause (i), and ``(iii) the service recipient or the payor demonstrates a reasonable basis for determining that the service provider is not an employee and that such determination was made in good faith. ``(B) Determinations with respect to a service provider.--A determination by the Secretary that a service provider should have been treated as an employee shall be effective no earlier than the notice date if-- ``(i) the service provider entered into a contract satisfying the requirements of subsection (d), ``(ii) the service provider satisfied the applicable reporting requirements of sections 6012(a) and 6017 for all taxable years covered by the contract described in clause (i), and ``(iii) the service provider demonstrates a reasonable basis for determining that the service provider is not an employee and that such determination was made in good faith. ``(C) Reasonable cause exception.--The requirements of subparagraph (A)(ii) or (B)(ii) shall be treated as being met if the failure to satisfy the applicable reporting requirements is due to reasonable cause and not willful neglect. ``(2) Construction.--Nothing in this subsection shall be construed as limiting any provision of law that provides an opportunity for administrative or judicial review of a determination by the Secretary. ``(3) Notice date.--For purposes of this subsection, the notice date is the 30th day after the earlier of-- ``(A) the date on which the first letter of proposed deficiency that allows the service provider, the service recipient, or the payor an opportunity for administrative review in the Internal Revenue Service Office of Appeals is sent, or ``(B) the date on which the deficiency notice under section 6212 is sent. ``(h) Definitions.--For the purposes of this section-- ``(1) Service provider.--The term `service provider' means any individual who performs a service for another person. ``(2) Service recipient.--Except as provided in paragraph (4), the term `service recipient' means the person for whom the service provider performs such service. ``(3) Payor.--Except as provided in paragraph (4), the term `payor' means the person who pays the service provider for the performance of such service in the event that the service recipient does not pay the service provider. ``(4) Exceptions.--The terms `service recipient' and `payor' do not include any entity in which the service provider owns in excess of 5 percent of-- ``(A) in the case of a corporation, the total combined voting power of stock in the corporation, or ``(B) in the case of an entity other than a corporation, the profits or beneficial interests in the entity. ``(5) In connection with performing the service.--The term `in connection with performing the service' means in connection or related to the operation of the service provider's trade or business. ``(6) Principal place of business.--For purposes of subsection (c), the term `principal place of business' has the same meaning as under section 280A(c)(1). ``(7) Fair market rent.--The term `fair market rent' means a periodic, fixed minimum rental fee which is based on the fair rental value of the facilities and is established pursuant to a written contract with terms similar to those offered to unrelated persons for facilities of similar type and quality.''. (b) Repeal of Section 530(d) of the Revenue Act of 1978.--Section 530(d) of the Revenue Act of 1978 (as added by section 1706 of the Tax Reform Act of 1986) is repealed. (c) Clerical Amendment.--The table of sections for chapter 25 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 3511. Safe harbor for determining that certain individuals are not employees.'' (d) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to services performed after the date of the enactment of this Act. (2) Determinations by the secretary.--Section 3511(g) of the Internal Revenue Code of 1986 (as added by subsection (a)) shall apply to determinations after the date of the enactment of this Act. (3) Section 530(d).--The amendment made by subsection (b) shall apply to periods ending after the date of the enactment of this Act.

Independent Contractor Determination Act of 2001 - Amends the Internal Revenue Code to set forth criteria for determining whether a service provider and a service recipient are in an employer-employee or an independent contractor relationship.Amends the Revenue Act of 1978, as amended by the Tax Reform Act of 1986, to repeal the prohibition on treating certain technical service providers as independent contractors.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consular Review Act of 1998''. SEC. 2. ESTABLISHMENT OF A BOARD OF VISA APPEALS. (a) In General.--The Immigration and Nationality Act is amended by inserting after section 224 the following new section: ``board of visa appeals ``Sec. 225. (a) Establishment.--The Secretary of State shall establish within the Department of State a Board of Visa Appeals. The Board shall be composed of 5 members who shall be appointed by the Secretary. No more than 2 members of the Board may be consular officers. The Secretary shall designate a member who shall be chairperson of the Board. ``(b) Authority and Functions.--The Board shall have authority to review any discretionary decision of a consular officer with respect to an alien concerning the denial, revocation, or cancellation of an immigrant visa and of a nonimmigrant visa or petition and the denial of an application for waiver of one or more grounds of inadmissibility under section 212. The review of the Board shall be made upon the record for decision of the consular officer, including all documents, notes, and memoranda filed with the consular officer, supplemented by affidavits and other writings if offered by the consular officer or alien. Upon a conclusive showing that the decision of the consular official is contrary to the preponderance of the evidence, the Board shall have authority to overrule, or remand for further consideration, the decision of such consular officer. ``(c) Procedure.--Proceedings before the Board shall be in accordance with such regulations, not inconsistent with this Act and sections 556 and 557 of title 5, United States Code, as the Secretary of State shall prescribe. Such regulations shall include requirements that provide that-- ``(1) at the time of any decision of a consular officer under subsection (b), an alien, attorney of record, and any interested party defined in subsection (d) shall be given notice of the availability of the review process and the necessary steps to request such review; ``(2) a written record of the proceedings and decision of the consular officer (in accordance with sections 556 and 557) shall be available to the Board, and on payment of lawfully prescribed costs, shall be made available to the alien; ``(3) upon receipt of request for review under this section, the Board shall, within 30 days, notify the consular officer with respect to whose decision review is sought, and, upon receipt of such notice, such officer shall promptly (but in no event more than 30 days after such receipt) forward to the Board the record of proceeding as described in subsection (b); ``(4) the appellant shall be given notice, reasonable under all the circumstances of the time and place at which the Board proceedings will be held; ``(5) the appellant may be represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as the appellant shall choose; and ``(6) a request for review under this section must be made in writing to the Board within 60 days after receipt of notice of the denial, revocation or cancellation. ``(d) Interested Parties.--The Board shall review each decision described in subsection (b) upon request of the alien or any of the following interested parties: ``(1) The petitioner or beneficiary of an immigrant visa petition approved under section 203(a), 203(b)(1), 203(b)(4), 203(b)(5), 203(c), or the petitioner of an immigrant visa petition approved under sections 203(b)(2) and 203(b)(3). ``(2) The petitioner of a nonimmigrant visa petition. ``(3) The postsecondary educational institution approved for the attendance of nonimmigrant students under section 101(a)(15)(F)(i) or 101(a)(15)(M)(i) which has provided notice of the acceptance of the alien in its program. ``(4) A recognized international agency or organization approved as a program sponsor under section 101(a)(15)(J) which has provided notice of the acceptance of the alien in its program. ``(5) A treaty investor or trader individual or organization in the United States that, under section 101(a)(15)(E), has made an offer of employment to an alien to perform executive or supervisory management functions. ``(e) Limitation.--A review may not be requested under this section more than once in any 24 month period. ``(f) Construction.--This section may not be construed to restrict any right to further administrative or judicial review established under any other provision of law. ``(g) Fees.--The Secretary of State shall charge, and collect, an appropriate fee associated with a request to the Board for a review. Such fee shall be sufficient to cover the cost of the administration of this section.''. (b) Effective Dates.-- (1) The amendment made by subsection (a) shall take effect 120 days after the date of the enactment of this Act. (2) Proposed regulations with respect to the amendment made by subsection (a) shall be promulgated not later than 30 days after the date of the enactment of this Act. (3) Members of the Board of Visa Appeals under section 225 of the Immigration and Nationality Act (as inserted by subsection (a)) shall be appointed not later than 120 days after the date of the enactment of this Act. (c) Technical Amendments.-- (1) Section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) is amended-- (A) by striking ``except that'' and all that follows up to the period; and (B) by adding at the end: ``An interested party under section 225(d) or court shall be permitted to inspect the record of proceeding as described in subsections (c)(2) and (c)(3) of section 225.''. (2) Section 104(a)(1) of such Act (8 U.S.C. 1104(a)(1)) is amended by striking the ``except'' and inserting ``including''. (3) The table of contents of such Act is amended by inserting after the item relating to section 224 the following new item: ``Sec. 225. Board of Visa Appeals.''.

Consular Review Act of 1998 - Amends the Immigration and Nationality Act to direct the Secretary of State to establish within the Department of State a Board of Visa Appeals to review consular decisions concerning visa applications, revocations, and cancellations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Support Theaters in America Growth and Expansion Act'' or the ``STAGE Act''. SEC. 2. EXPENSING OF QUALIFIED PRODUCTIONS. (a) Extension.--Subsection (f) of section 181 of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2013'' and inserting ``December 31, 2015''. (b) Application to Live Productions.-- (1) In general.--Paragraph (1) of section 181(a) of the Internal Revenue Code of 1986 is amended by inserting ``, and any qualified live theatrical production,'' after ``any qualified film or television production''. (2) Conforming amendments.--Section 181 of such Code is amended-- (A) by inserting ``or any qualified live theatrical production'' after ``qualified film or television production'' each place it appears in subsections (a)(2), (b), and (c), (B) by inserting ``or qualified live theatrical productions'' after ``qualified film or television productions'' in subsection (f), and (C) by inserting ``and live theatrical'' after ``film and television'' in the heading. (c) Qualified Live Theatrical Production.--Section 181 of the Internal Revenue Code of 1986 is amended-- (1) by redesignating subsections (e) and (f), as amended by subsections (a) and (b), as subsections (f) and (g), respectively, and (2) by inserting after subsection (d) the following new subsection: ``(e) Qualified Live Theatrical Production.--For purposes of this section-- ``(1) In general.--The term `qualified live theatrical production' means any production described in paragraph (2) if 75 percent of the total compensation of the production is qualified compensation (as defined in subsection (d)(3)). ``(2) Production.-- ``(A) In general.--A production is described in this paragraph if such production is a live staged production of a play (with or without music) which is derived from a written book or script and is produced or presented by a commercial entity in any venue which has an audience capacity of not more than 3,000 or a series of venues the majority of which have an audience capacity of not more than 3,000. ``(B) Touring companies, etc.--In the case of multiple live staged productions-- ``(i) for which the election under this section would be allowable to the same taxpayer, and ``(ii) which are-- ``(I) separate phases (within the meaning of section 469(g)(4)(B)) of a production, or ``(II) separate simultaneous stagings of the same production in different geographical locations (not including multiple performance locations of any one touring production), each such live staged production shall be treated as a separate production. ``(C) Exception.--A production is not described in this paragraph if such production includes or consists of any performance of conduct described in section 2257(h)(1) of title 18, United States Code.''. (d) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to productions commencing after December 31, 2013. (2) Commencement.--For purposes of paragraph (1), the date on which a qualified live theatrical production commences is the date of the first public performance of such production for a paying audience. SEC. 3. DISPOSITIONS OF INTEREST IN THEATRICAL PRODUCTIONS AS PASSIVE ACTIVITY. (a) In General.--Subsection (g) of section 469 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Special rule for interest in qualified live theatrical productions.-- ``(A) In general.--In the case of an interest in a qualified live theatrical production (as defined in section 181(e)(1)) as a passive activity-- ``(i) each phase of such production shall be treated separately for purposes of this subsection, and ``(ii) the termination of any phase of such production in which the taxpayer holds an interest as a passive activity shall be treated as a disposition of such taxpayer's entire interest in such passive activity. ``(B) Phase.--For purposes of subparagraph (A), the term `phase' with respect to any qualified live theatrical production refers to each of the following, but only if each of the following is treated as a separate activity by the taxpayer for all purposes of this title: ``(i) The initial staging of a live theatrical production. ``(ii) Subsequent additional stagings or touring of such production which are produced by the same producer as the initial staging. ``(iii) Disposition of copyrights, licensing rights, or subsidiary rights in connection with such production.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2013.

Support Theaters in America Growth and Expansion Act or the STAGE Act - Amends the Internal Revenue Code, with respect to the expensing of the costs of qualified film and television productions, to: (1) extend through 2015 provisions allowing such expensing, (2) allow such expensing for the costs of certain live theatrical productions, and (3) provide for the tax treatment of dispositions of an interest in a live theatrical production as a passive activity.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cleaner Trucks for America Act of 2008''. SEC. 2. INCREASE IN ALTERNATIVE MOTOR VEHICLE CREDIT AMOUNT FOR NEW QUALIFIED ALTERNATIVE FUEL MOTOR VEHICLES WEIGHING MORE THAN 26,000 POUNDS. (a) In General.--Subparagraph (D) of section 30B(e)(3) of the Internal Revenue Code of 1986 is amended by striking ``$40,000'' and inserting ``$80,000''. (b) Effective Date.--The amendment made by subsection (a) shall apply to property placed in service after the date of the enactment of this Act. SEC. 3. INCREASE IN CREDIT FOR CERTAIN ALTERNATIVE FUEL VEHICLE REFUELING PROPERTIES. (a) In General.--Subsection (b) of section 30C of the Internal Revenue Code of 1986 is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) except as provided in paragraph (2), $30,000 in the case of a property of a character subject to an allowance for depreciation, ``(2) in the case of a compressed natural gas, liquefied natural gas, or liquefied petroleum gas property the aggregate cost of which exceeds $100,000, the lesser of-- ``(A) 30 percent of such cost, or ``(B) $250,000, and ``(3) $1,000 in any other case.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to property placed in service after the date of the enactment of this Act. SEC. 4. ALLOWANCE OF CREDITS AGAINST REGULAR AND MINIMUM TAX. (a) Business Credits.--Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clauses (iv) and (v), by striking the period at the end of clause (vi) and inserting a comma, and by inserting after clause (vi) the following new clauses: ``(vii) the portion of the credit determined under section 30B which is attributable to the application of subsection (e)(3)(D) thereof, and ``(viii) the portion of the credit determined under section 30C which is attributable to compressed natural gas, liquefied natural gas, or liquefied petroleum gas property.''. (b) Personal Credits.-- (1) New qualified alternative fuel motor vehicles weighing more than 26,000 pounds.--Subsection (g) of section 30B of such Code is amended by adding at the end the following new paragraph: ``(3) Special rule relating to certain new qualified alternative fuel motor vehicles.--In the case of the portion of the credit determined under subsection (a) which is attributable to the application of subsection (e)(3)(D)-- ``(A) paragraph (2) shall (after the application of paragraph (1)) be applied separately with respect to such portion, and ``(B) in lieu of the limitation determined under paragraph (2), such limitation shall not exceed the excess (if any) of-- ``(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tentative minimum tax for the taxable year, reduced by ``(ii) the sum of the credits allowable under subpart A and sections 27 and 30.''. (2) Alternative fuel vehicle refueling properties.-- Subsection (d) of section 30C of such Code is amended by adding at the end the following new paragraph: ``(3) Special rule relating to certain alternative fuel vehicle refueling properties.--In the case of the portion of the credit determined under subsection (a) which is attributable to compressed natural gas, liquefied natural gas, or liquefied petroleum gas property-- ``(A) paragraph (2) shall (after the application of paragraph (1)) be applied separately with respect to such portion, and ``(B) in lieu of the limitation determined under paragraph (2), such limitation shall not exceed the excess (if any) of-- ``(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tentative minimum tax for the taxable year, reduced by ``(ii) the sum of the credits allowable under subpart A and sections 27, 30, and the portion of the credit determined under section 30B which is attributable to the application of subsection (e)(3)(D) thereof.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Cleaner Trucks for America Act of 2008 - Amends the Internal Revenue Code to: (1) increase the credit amount for new qualified alternative fuel motor vehicles with gross vehicle weight ratings of more than 26,000 pounds from $40,000 to $80,000; (2) allow an increased tax credit for alternative fuel vehicle refueling properties that dispense compressed natural gas, liquefied natural gas, or liquefied petroleum gas; and (3) allow such credit amounts against the regular and alternative minimum tax.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Office of Advocacy Act''. SEC. 2. FINDINGS. Congress finds that-- (1) excessive regulations continue to burden our Nation's small businesses; (2) Federal agencies are reluctant to comply with the requirements of chapter 6 of title 5, United States Code, and continue to propose regulations that impose disproportionate burdens on small businesses; (3) the Office of Advocacy of the Small Business Administration (referred to in this Act as the ``Office'') is an effective advocate for small businesses that can help ensure that agencies are responsive to small businesses and that agencies comply with their statutory obligations under chapter 6 of title 5, United States Code and under the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104- 121; 106 Stat. 4249 et seq.); (4) the independence of the Office is essential to ensure that it can serve as an effective advocate for small businesses without being restricted by the views or policies of the Small Business Administration or any other executive branch agency; (5) the Office needs sufficient resources to conduct the research required to assess effectively the impact of regulations on small businesses; and (6) the research, information, and expertise of the Office make it a valuable adviser to Congress as well as the executive branch agencies with which the Office works on behalf of small businesses. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to ensure that the Office has the statutory independence and adequate financial resources to advocate for and on behalf of small business; (2) to require that the Office report to the Chairmen and Ranking Members of the Committees on Small Business of the Senate and the House of Representatives and the Administrator of the Small Business Administration in order to keep them fully and currently informed about issues and regulations affecting small businesses and the necessity for corrective action by the regulatory agency or Congress; (3) to provide a separate authorization for appropriations for the Office; (4) to authorize the Office to report to the President and to Congress regarding agency compliance with chapter 6 of title 5, United States Code; and (5) to enhance the role of the Office pursuant to chapter 6 of title 5, United States Code. SEC. 4. OFFICE OF ADVOCACY. (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 32 as section 33; and (2) by inserting after section 31 the following: ``SEC. 32. OFFICE OF ADVOCACY. ``(a) Definitions.--In this section-- ``(1) the term `Chief Counsel' means the Chief Counsel for Advocacy appointed under subsection (b); and ``(2) the term `Office' means the Office of Advocacy established under subsection (b). ``(b) Establishment.-- ``(1) In general.--There is established in the Administration an Office of Advocacy (referred to in this section as the `Office'). ``(2) Chief counsel for advocacy.-- ``(A) In general.--The management of the Office shall be vested in a Chief Counsel for Advocacy who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate, without regard to political affiliation and solely on the ground of fitness to perform the duties of the office. ``(B) Employment restriction.--The individual appointed to the office of Chief Counsel for Advocacy may not serve as an officer or employee of the Small Business Administration during the 5-year period preceding the appointment. ``(C) Removal.--The Chief Counsel for Advocacy may be removed from office by the President and the President shall notify Congress of any such removal not later than 30 days before the removal. ``(3) Appropriation request.--Each appropriation request prepared and submitted by the Administration under section 1108 of title 31, United States Code, shall include a separate request relating to the Office. ``(c) Primary Functions.--The Office shall-- ``(1) examine the role of small businesses in the economy of the United States and the contribution that small businesses can make in improving competition, encouraging economic and social mobility for all citizens, restraining inflation, spurring production, expanding employment opportunities, increasing productivity, promoting exports, stimulating innovation and entrepreneurship, and providing the means by which new and untested products and services can be brought to the marketplace; ``(2) assess the effectiveness of Federal subsidy and assistance programs for small businesses and the desirability of reducing the emphasis on those programs and increasing the emphasis on general assistance programs designed to benefit all small businesses; ``(3) measure the direct costs and other effects of government regulation of small businesses, and make legislative, regulatory, and nonlegislative proposals for eliminating the excessive or unnecessary regulation of small businesses; ``(4) determine the impact of the tax structure on small businesses and make legislative, regulatory, and other proposals for altering the tax structure to enable all small businesses to realize their potential for contributing to the improvement of the Nation's economic well-being; ``(5) study the ability of financial markets and institutions to meet small business credit needs and determine the impact of government demands on credit for small businesses; ``(6) determine financial resource availability and recommend methods for-- ``(A) delivery of financial assistance to minority and women-owned enterprises, including methods for securing equity capital; ``(B) generating markets for goods and services; ``(C) providing effective business education, more effective management and technical assistance, and training; and ``(D) assistance in complying with Federal, State, and local laws; ``(7) evaluate the efforts of Federal agencies and the private sector to assist minority and women-owned enterprises; ``(8) make such recommendations as may be appropriate to assist the development and strengthening of minority, women- owned, and other small businesses; ``(9) recommend specific measures for creating an environment in which all businesses will have the opportunity to-- ``(A) compete effectively and expand to their full potential; and ``(B) ascertain any common reasons for small business successes and failures; ``(10) determine the desirability of developing a set of rational, objective criteria to be used to define small business, and to develop such criteria, if appropriate; and ``(11) make recommendations and submit reports to the Chairmen and Ranking Members of the Committees on Small Business of the Senate and the House of Representatives and the Administrator with respect to issues and regulations affecting small businesses and the necessity for corrective action by the Administrator, any Federal department or agency, or Congress. ``(d) Additional Functions.--The Office shall, on a continuing basis-- ``(1) serve as a focal point for the receipt of complaints, criticisms, and suggestions concerning the policies and activities of the Administration and any other department or agency of the Federal Government that affects small businesses; ``(2) counsel small businesses on the means by which to resolve questions and problems concerning the relationship between small businesses and the Federal Government; ``(3) develop proposals for changes in the policies and activities of any agency of the Federal Government that will better fulfill the purposes of this section and communicate such proposals to the appropriate Federal agencies; ``(4) represent the views and interests of small businesses before other Federal agencies whose policies and activities may affect small business; ``(5) enlist the cooperation and assistance of public and private agencies, businesses, and other organizations in disseminating information about the programs and services provided by the Federal Government that are of benefit to small businesses, and information on the means by which small businesses can participate in or make use of such programs and services; and ``(6) carry out the responsibilities of the Office under chapter 6 of title 5, United States Code. ``(e) Staff and Powers.-- ``(1) Staff.-- ``(A) In general.--The Chief Counsel may, without regard to the civil service laws and regulations, appoint and terminate such additional personnel as may be necessary to enable the Office to perform its duties under this section. ``(B) Compensation.--The Chief Counsel may fix the compensation of personnel appointed under this paragraph without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, but at rates not to exceed the minimum rate payable for a position at GS-15 of the General Schedule, except that not more than 14 employees of the Office at any one time may be compensated at a rate not to exceed the maximum rate payable for a position at GS-15 of the General Schedule. ``(2) Powers.--In carrying out this section, the Chief Counsel may-- ``(A) procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code; ``(B) consult with-- ``(i) experts and authorities in the fields of small business investment, venture capital, investment and commercial banking, and other comparable financial institutions involved in the financing of business; and ``(ii) individuals with regulatory, legal, economic, or financial expertise, including members of the academic community, and individuals who generally represent the public interest; ``(C) use the services of the National Advisory Council established under section 8(b) and, in accordance with that section, appoint such other advisory boards or committees as the Chief Counsel determines to be reasonably necessary and appropriate to carry out this section; and ``(D) hold hearings and sit and act at such times and places as the Chief Counsel determines to be appropriate. ``(f) Overhead and Administrative Support.--The Administrator shall provide the Office with appropriate and adequate office space at central and field office locations of the Administration, together with such equipment, office supplies, and communications facilities and services as may be necessary for the operation of such offices, and shall provide necessary maintenance services for such offices and the equipment and facilities located therein. ``(g) Information From Federal Agencies.--The Chief Counsel may secure directly from any Federal department or agency such information as the Chief Counsel considers to be necessary to carry out this section. Upon request of the Chief Counsel, the head of such department or agency shall furnish such information to the Office. ``(h) Reports.-- ``(1) Annual reports.--Not less than annually, the Chief Counsel shall submit to the President and to the Committees on Small Business of the Senate and the House of Representatives, the Committee on Governmental Affairs of the Senate, the Committee on Government Reform of the House of Representatives, and the Committees on the Judiciary of the Senate and the House of Representatives a report on agency compliance with chapter 6 of title 5, United States Code. ``(2) Additional reports.--In addition to the reports required under paragraph (1) of this subsection and subsection (c)(12), the Chief Counsel may prepare and publish such reports as the Chief Counsel determines to be appropriate. ``(3) Prohibition.--No report under this section shall be submitted to the Office of Management and Budget or to any other department or agency of the Federal Government for any purpose before submission of the report to the President and to Congress. ``(i) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to the Office to carry out this section such sums as may be necessary for each fiscal year. ``(2) Availability.--Any sums appropriated under paragraph (1) shall remain available, without fiscal year limitation, until expended.''. (b) Repeal.--Title II of Public Law 94-305 (15 U.S.C. 634a et seq.) is repealed. (c) Incumbent Chief Counsel for Advocacy.--The individual serving as the Chief Counsel for Advocacy of the Small Business Administration on the date of enactment of this Act shall continue to serve in that position after such date in accordance with section 32 of the Small Business Act, as amended by this section. Passed the Senate November 5, 1999. Attest: GARY SISCO, Secretary.

Directs the Chief Counsel of the Office to report at least annually to specified congressional committees on Federal agency compliance with certain small business deregulation requirements. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Charles Butler McVay and U.S.S. INDIANAPOLIS Relief Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Shortly after midnight on the night of July 30, 1945, during the closing days of World War II, the United States Navy heavy cruiser U.S.S. INDIANAPOLIS (CA-35) was torpedoed and sunk by a Japanese submarine. (2) Of the 1,196 crew members, only 316 survived the attack and subsequent five-day ordeal adrift at sea, the rest of the crew dying from battle wounds, drowning, shark attacks, exposure, or lack of food and water, making the sinking of the INDIANAPOLIS the worst sea disaster in United States naval history. (3) Following the rescue of the surviving crew members, the commanding officer of the INDIANAPOLIS, Captain Charles Butler McVay III, who survived the sinking and the ordeal at sea, was charged with ``suffering a vessel to be hazarded through negligence'' and was convicted by a court-martial of that charge, notwithstanding a great many extenuating circumstances, some of which were not presented at the court-martial trial. (4) Captain McVay had an excellent record throughout his naval career before the sinking of the INDIANAPOLIS, beginning with his graduation from the United States Naval Academy in 1919 and including an excellent combat record throughout World War II that included participation in the landings in North Africa and award of the Silver Star for courage under fire earned during the Solomon Island campaign. (5) Assuming command of the INDIANAPOLIS on November 18, 1944, Captain McVay led the ship during her participation in the assaults on Iwo Jima and Okinawa. During the latter assault, the INDIANAPOLIS suffered a damaging kamikaze attack, but was skillfully returned by Captain McVay and her crew to San Francisco for repairs. (6) Following completion of those repairs, the INDIANAPOLIS was given the mission of transporting to the island of Tinian the vital parts for the two atomic bombs used in ending the war against Japan, a mission which was completed successfully on July 26, 1945, at a record average speed of 29 knots. (7) Following the accomplishment of that mission, the INDIANAPOLIS sailed from Tinian to Guam and from there embarked for Leyte Gulf in the Philippines, to join with the fleet assembling for the assault on Japan. (8) Before that last voyage, the headquarters of the Commander-in-Chief, Pacific Fleet (CINCPAC), failed to inform Captain McVay of intelligence in its possession concerning the activities of four Japanese submarines sighted along the route the INDIANAPOLIS would be sailing and where a Japanese submarine had sunk the U.S.S. UNDERHILL just days earlier. Nevertheless, Captain McVay was instructed to sail a direct route from Guam to Leyte, although this route brought the ship to the crossroads of the Guam-Leyte and Palau-Okinawa routes, an area that Japanese submarines would likely have heavily targeted due to the greater chance of spotting United States naval traffic there. (9) Because the INDIANAPOLIS did not have the capabilities to detect enemy submarines, Captain McVay in Guam requested a destroyer escort for the voyage to Leyte Gulf, a request which was denied, making the INDIANAPOLIS the first United States heavy warship to make that crossing unescorted during World War II. (10) After the INDIANAPOLIS was sunk, various Navy shore offices compounded the previous errors which had led to the ship being placed in jeopardy by failing to report the ship's overdue arrival, thus leaving the approximately 950 members of the crew who survived the sinking of the ship adrift for four days and five nights until by chance the survivors were spotted by a routine air patrol. (11) Because the news of the sinking of the INDIANAPOLIS, coinciding with the end of the war in the Pacific, threatened to detract from the Navy's role in that victory and from its desire for prominent status in the post-war military establishment, the Department of the Navy court-martialed Captain McVay, who thus became the first United States Navy commanding officer brought to trial for losing his ship in combat in World War II, despite the fact that over 700 ships were lost during World War II, including some under questionable circumstances. (12) A court of inquiry to investigate the sinking, convened on August 13, 1945, just two weeks after the sinking and 9 days after the survivors were rescued (a date so soon after the sinking that Captain William Hillbert, the Navy judge advocate for the inquiry, admitted that the inquiry was so rushed that they were ``. . . starting the proceedings without having available all the necessary data''), recommended that Captain McVay be issued a Letter of Reprimand and that he be court-martialed. (13) The court-martial charge against Captain McVay was entirely predicated upon his failure to order that the ship maintain a zigzag course even though (A) standing orders stated that zigzagging was not necessary during poor visibility (reported to have been at best ``patchy'' that night), (B) Mochitsura Hashimoto, the Japanese submarine commander who sank the ship, testified at the inquiry that it would not have made any difference if the ship were zigzagging or not, and (C) the headquarters staff of CINCPAC concluded that the rule requiring zigzagging would not have applied in any event since Captain McVay's routine orders gave him discretion on the matter and took precedence over all other orders (a point that was never made by Captain McVay's attorney). (14) The headquarters staff of CINCPAC disagreed with the recommendation of the court of inquiry that Captain McVay receive a Letter of Reprimand and that he be court-martialed, stating that in not maintaining a zigzag course Captain McVay at worst was guilty only of an error in judgment and not gross negligence. (15) Captain McVay was convicted on February 23, 1946, of the charge of ``suffering a vessel to be hazarded through negligence''. (16) Following his court-martial conviction, Captain McVay remained on active duty until mandatory retirement on June 30, 1949, upon completion of 30 years of active naval service, with a final promotion, in accordance with then-applicable law, to the grade of rear admiral, effective upon the date of his retirement. (17) Rear Admiral Charles Butler McVay III (retired), died on November 6, 1968, without having been exonerated from responsibility for the sinking of the INDIANAPOLIS. (18) Since the late 1980s, Navy documents have been declassified that show that Captain McVay was not given intelligence information in the possession of the Navy that would have been instrumental in avoiding the disaster and that that information, which was considered to be Top Secret, was not made available for use in Captain McVay's court-martial, where it would have been critical to his defense in showing that he was court-martialed on ``super-technical'' charges which nevertheless were unfounded. (19) In 1993, Congress, in section 1165 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103- 160; 107 Stat. 1765; 16 U.S.C. 431 note), recognized the memorial to the U.S.S. INDIANAPOLIS (CA-35) in Indianapolis, Indiana, as the national memorial to that historic warship and to her final crew. (20) In 1994, Congress, in section 1052 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103- 337; 108 Stat. 2844), stating that it was acting on behalf of the grateful people of the United States-- (A) recognized the invaluable contributions of the U.S.S. INDIANAPOLIS to the ending of World War II; and (B) on the occasion of the 50th anniversary of her tragic sinking, and the dedication of the national memorial in Indianapolis on July 30th, 1995, commended that ship and her crew for selfless and heroic service to the United States. SEC. 3. CONGRESSIONAL EXONERATION. The Congress hereby-- (1) exonerates the late Rear Admiral Charles Butler McVay III, United States Navy (retired), from responsibility for the sinking of the U.S.S. INDIANAPOLIS (CA-35) on July 30, 1945, while under his command; (2) expresses the sense of the Congress that the subsequent court-martial conviction of Rear Admiral McVay (while in the grade of captain) for ``suffering a vessel to be hazarded through negligence'' was a grave injustice; and (3) urges the President to grant a posthumous pardon to Rear Admiral McVay. SEC. 4. PRESIDENTIAL UNIT CITATION. (a) Sense of Congress.--It is the sense of the Congress that the President should award a Presidential Unit Citation to the final crew of the U.S.S. INDIANAPOLIS (CA-35) in recognition of the courage and fortitude displayed by the members of that crew in the face of tremendous hardship and adversity after their ship was torpedoed and sunk on July 30, 1945. (b) Waiver of Time Limitation.--A citation described in subsection (a) may be made without regard to any provision of law or regulation prescribing a time limitation that is otherwise applicable with respect to recommendation for, or the award of, such a citation.

Charles Butler McVay and U.S.S. INDIANAPOLIS Relief Act - Exonerates the late rear admiral Charles Butler McVay III, United States Navy (retired), from responsibility for the sinking of the U.S.S. INDIANAPOLIS on July 30, 1945, while under his command. Expresses the sense of the Congress that the subsequent court-martial conviction of McVay was a grave injustice. Urges the President to grant McVay a posthumous pardon. Expresses the sense of the Congress that the President should award a Presidential Unit Citation to the final crew of the INDIANAPOLIS in recognition of their courage and fortitude displayed in the face of tremendous adversity after their ship was torpedoed and sunk by the Japanese navy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Southern Sea Otter Recovery and Research Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Sea otters were hunted to near extinction in the 18th and 19th centuries along the west coast of the United States. Today a small population of southern sea otters exists along the California coastline. (2) Southern sea otters are listed as a threatened species under the Endangered Species Act of 1973, and are recognized as depleted under the Marine Mammal Protection Act of 1972. (3) Southern sea otters have educational, economic, ecological, and scientific importance to the people of California and the Nation. (4) Recent studies have-- (A) determined that an elevated level of mortality, particularly in adult southern sea otters, is limiting recovery of the population; and (B) determined that the major threats to the southern sea otter are largely due to degraded marine ecosystems, including infectious diseases, sequestration of contaminants, food resource limitations, and coastal oil spills. (5) Enactment of provisions to implement the United States Fish and Wildlife Service document entitled ``Final Revised Recovery Plan for the Southern Sea Otter (Enhydra lutris nereis'') could lead to delisting of the southern sea otter under the Endangered Species Act of 1973. (6) Research underlies every aspect of recovering southern sea otter populations, educating citizens and stakeholders, and restoring coastal ecosystems. SEC. 3. SOUTHERN SEA OTTER RECOVERY PROGRAM. (a) In General.--The Secretary of the Interior, acting through the United States Fish and Wildlife Service (in this Act referred to as the ``Secretary''), shall carry out a recovery program for southern sea otter populations along the coast of California. The recovery program shall include the following: (1) Monitoring and analysis of southern sea otter population demographics and life history parameters, including a biannual population census. (2) Protection of southern sea otter populations. (3) Reduction or elimination of potential factors limiting southern sea otter populations that are related to human activities. (4) Assessment of southern sea otter health in accordance with the Southern Sea Otter Health Assessment Plan developed under subsection (c). (5) Education and outreach to the public about southern sea otters and their survival. (b) Annual Report.--The Secretary shall annually submit to the Congress a report on the status of southern sea otter populations. (c) Health Assessment Plan.--The Secretary shall-- (1) in consultation with the Southern Sea Otter Recovery Implementation Team established under section 5, develop a Southern Sea Otter Health Assessment Plan; (2) collect and analyze tissue samples from southern sea otters; (3) after such analysis, submit the tissue samples to the Secretary of Commerce for inclusion in the National Marine Mammal Tissue Bank provided for under section 407 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421f) to allow for managed access to the tissues by other researchers; and (4) review progress on the implementation of the Southern Sea Otter Health Assessment Plan developed under paragraph (1) and report the status of the plan as part of the report under subsection (b). (d) Contents of Plan.--The Southern Sea Otter Health Assessment Plan developed under subsection (a)(1) shall include-- (1) mechanisms to assess and evaluate, among other matters, the immunology, virology, toxicology, parasitology, endocrinology, and nutritional status of southern sea otters; and (2) identification of centers of expertise and resources to implement the plan. (e) Promotion of Ecosystem Sustainability.--In implementing this section, the Secretary shall seek to promote ecosystem sustainability, in cooperation with the Secretary of Commerce and State fisheries management agencies. SEC. 4. SOUTHERN SEA OTTER RESEARCH PROGRAM. (a) Grant Authority.--The Secretary of the Interior shall award competitive grants to support research regarding southern sea otters. (b) Research Subjects.--Research funded with grants under this section-- (1) shall be in accordance with the research goals established by the Sea Otter Recovery Implementation Team under section 5; and (2) shall include the following topics: (A) Southern sea otter demographics and natural history. (B) Contaminant sequestration. (C) Infectious diseases and parasites affecting southern sea otters. (D) Limitations on the availability of food resources for southern sea otters. (c) Recommendation of Grants by Advisory Board Required.--The Secretary-- (1) shall submit each grant proposal submitted under this section to the Southern Sea Otter Recovery Implementation Team established under section 5; and (2) may not make a grant under this section unless the grant proposal has been recommended by such Team. SEC. 5. SOUTHERN SEA OTTER RECOVERY IMPLEMENTATION TEAM. (a) Establishment.--The Secretary of the Interior shall establish the Southern Sea Otter Recovery Implementation Team (in this section referred to as the ``Team''). The Federal Advisory Committee Act (5 App. U.S.C.) shall not apply to the Team. (b) Functions.--The Team shall-- (1) make recommendations to the Secretary regarding overall southern sea otter recovery program administration and research goals; (2) serve as a link between the recovery program and stakeholders; (3) review the recommendations of the Scientific Advisory Committee established by section 6; and (4) make recommendations to the Secretary regarding funding of scientific research under section 4. (c) Membership.-- (1) In general.--The Team shall have balanced representation and shall consist of no more than 13 members. The Secretary shall, in consultation with the Marine Mammal Commission, appoint members of the Team from among-- (A) individuals who are representatives of Federal, State, or local agencies with expertise in sea otter management; (B) individuals who are representatives of local marine user groups; (C) individuals who are representatives of marine conservation and other public interest organizations; (D) individuals who are representatives of organizations involved in southern sea otter rescue, rehabilitation, and release; and (E) individuals who are representatives of scientific and educational organizations. (2) Chairman.--The Team shall elect a member of the Team as chairman of the Team for a term of 3 years. A member of the Team may not serve more than 2 terms as chairman. (d) Conflicts of Interest.--A member of the Team who participated in the development of a proposal may not participate in the review and recommendation of grants under section 4(c) with respect to the proposal by the Team. (e) Staffing and Assistance.--The Secretary may make available to the Team any staff, information, administrative services, or assistance the Secretary determines is reasonably required to enable the Team to carry out its function. (f) Administration.-- (1) Internal administrative regulations.--The Team shall adopt rules, procedures, and other internal administrative regulations as may be necessary to carry out its functions. (2) Subsidiary bodies.--The Team may establish such subsidiary bodies as it considers necessary to carry out its functions. (g) Public Participation and Procedural Matters.--The following apply with respect to the conduct of business meetings of the Team: (1) Each meeting shall be open to the public, and interested persons shall be allowed to present oral or written statements on items on the agenda. (2) Regular business meetings of the Team shall occur at least once a year. Other extraordinary meetings of the Team may be held at the call of the chairman. (3) Timely notice of each meeting, including the time, place, and agenda of the meeting, shall be published locally and in the Federal Register. (4) Minutes of each meeting shall be kept, and shall contain a summary of attendees and matters discussed. SEC. 6. SCIENTIFIC ADVISORY COMMITTEE. (a) Establishment.--The Secretary shall establish the Southern Sea Otter Recovery Scientific Advisory Committee (in this section referred to as the ``Advisory Committee''). The Federal Advisory Committee Act (5 App. U.S.C.) shall not apply to the Advisory Committee. (b) Functions.--The Advisory Committee shall-- (1) evaluate the scientific merit and quality of southern sea otter research proposals submitted for funding in response to a request by the Secretary for proposals, based on the research goals established by the Secretary; and (2) make recommendations to the Southern Sea Otter Recovery Implementation Team established by section 5 regarding funding of such proposals. (c) Membership.--The Advisory Committee shall have balanced representation, and shall consist of no more than 11 members appointed by the Secretary from among individuals with a doctorate or equivalent education degree. The Secretary shall, in consultation with the Marine Mammal Commission and the Sea Otter Recovery Implementation Team established under section 5, appoint members of the Team from among-- (1) representatives of Federal, State, or local agencies with expertise in sea otter management; (2) representatives of local marine user groups; (3) representatives of marine conservation and other public interest organizations; (4) representatives of organizations involved in southern sea otter rescue, rehabilitation, and release; and (5) representatives of scientific and educational organizations. (d) Terms.-- (1) In general.--Except as provided in paragraph (2), the term of a member of the Advisory Committee shall be 3 years. (2) Initial appointments.--Of the members first appointed as members of the Advisory Committee-- (A) 3 shall be appointed to an initial term of 1 year; and (B) 3 shall be appointed to an initial term of 2 years. (e) Conflicts of Interest.--A member of the Advisory Committee who participated in the development of a proposal may not participate in the review and recommendation of grants under section 4(c) with respect to the proposal by the Advisory Committee. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to the Secretary of the Interior to carry out this Act $5,000,000 for each of fiscal years 2004 through 2009, of which $2,000,000 each fiscal year shall be for grants under section 4. (b) Administrative Expenses.--Of amounts available each fiscal year to carry out section 6, the Secretary may expend not more than 6 percent or $80,000, whichever is greater, to pay the administrative expenses necessary to carry out section 6.

Southern Sea Otter Recovery and Research Act - Requires the Secretary of the Interior, acting through the United States Fish and Wildlife Service, to carry out a recovery program for southern sea otter populations along the coast of California. Requires the Secretary to: (1) develop a Southern Sea Otter Health Assessment Plan; (2) collect and analyze tissue samples from southern sea otters; and (3) submit the tissue to the Secretary of Commerce for inclusion in the National Marine Mammal Tissue Bank to allow for managed access to such tissues by other researchers. Requires the Secretary to: (1) award competitive grants to support research regarding southern sea otters; and (2) establish the Southern Sea Otter Recovery Implementation Team to make recommendations on overall southern sea otter recovery program administration and research goals, as well as funding of scientific research, serve as a link between the recovery program and stakeholders, and review the recommendations of the Southern Sea Otter Recovery Scientific Advisory Committee. Requires the Secretary to establish the Southern Sea Otter Recovery Scientific Advisory Committee to evaluate and make recommendations to the Team regarding the scientific merit and quality of southern sea otter research funding proposals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for Homeowners Act of 2007''. SEC. 2. ORIGINATIONS OF CONSUMER CREDIT TRANSACTIONS SECURED BY THE CONSUMER'S PRINCIPAL DWELLING. (a) In General.--The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by inserting after section 129 the following new section: ``Sec. 129A. Originations of consumer credit transactions secured by the consumer's principal dwelling ``(a) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Fully indexed rate.--The term `fully indexed rate' equals the index rate prevailing at the time a consumer credit transaction secured by a consumer's principal dwelling is originated, plus the margin that will apply after the expiration of an introductory interest rate. ``(2) Mortgage broker.--The term `mortgage broker' means any person who is defined as a mortgage broker under applicable State law. ``(b) Requirements for Originators.-- ``(1) Ability to pay.-- ``(A) In general.--No creditor or mortgage broker may make, provide, or arrange for any consumer credit transaction secured by a consumer's principal dwelling without verifying the consumer's reasonable ability to pay the scheduled payments of the following, as applicable: principal; interest; real estate taxes; homeowner's insurance, assessments, and mortgage insurance premiums. ``(B) Variable interest rate.--In the case of any consumer credit transaction secured by a consumer's principal dwelling for which the applicable annual percentage rate may vary over the life of the credit, the reasonable ability to pay shall be determined, for purposes of this paragraph, on the basis of a fully indexed rate plus 200 basis points and a repayment schedule which achieves full amortization over the life of the extension of credit. ``(C) Verification of consumer income and financial resources.--In the case of any consumer credit transaction secured by a consumer's principal dwelling, the income and financial resources of the consumer shall be verified for purposes of this paragraph by tax returns, payroll receipts, bank records, or other similarly reliable documents. ``(D) Other criteria.--No provision of this paragraph shall be construed as prohibiting reliance on criteria other than a consumer's income and financial resources to establish the reasonable ability of the consumer to repay any consumer credit transaction secured by the consumer's principal dwelling, to the extent such other criteria are also verified through reasonably reliable methods and documentation. ``(E) Consumer statement is insufficient proof.--A statement by a consumer of the consumer's income or financial resources shall not be sufficient to establish the existence of any income or financial resources when verifying the reasonable ability of the consumer to repay any consumer credit transaction secured by the consumer's principal dwelling, for purposes of this paragraph. ``(2) Prohibition on steering.--No creditor or mortgage broker may make, provide, or arrange for any consumer credit transaction secured by a consumer's principal dwelling that is of a lower investment grade if-- ``(A) the consumer's credit score; or ``(B) comparable underwriting data, in any case in which the creditor or mortgage broker does not utilize credit scoring or a credit score for the consumer is unavailable, indicates that the borrower may qualify for a consumer credit transaction, available from or through the creditor or mortgage broker, that is of a higher investment grade. ``(3) Prohibition on prepayment penalties for arms.-- ``(A) In general.--In the case of any consumer credit transaction secured by a consumer's principal dwelling that provides for variable rates of interest on the credit extended under the transaction, the transaction may not contain terms under which a consumer must pay a prepayment penalty for paying all or part of the principal before the date on which the principal is due. ``(B) Exclusion for jumbo mortgages.--Subparagraph (A) shall not apply to any consumer credit transaction secured by a consumer's principal dwelling the principal amount (as defined in subsection (c)(2)) of which exceeds the maximum dollar amount limitation (for a residence of the applicable size) on the amount of the principal obligation of a mortgage for a 1- to 4- family residence that may be purchased by the Federal Home Loan Mortgage Corporation, as then in effect pursuant to section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act. ``(c) Limitation on Financed Points, Charges, and Fees.-- ``(1) In general.--No creditor or mortgage broker may, in connection with any consumer credit transaction secured by the consumer's principal dwelling, include in the principal amount of such transaction any portion of any qualified finance charge in excess of the amount which is equal to 5 percent of the principal amount of the transaction. ``(2) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Qualified finance charge.--The term `qualified finance charge' means the sum of-- ``(i) the finance charge as determined under section 106, minus any interest and time price differential; and ``(ii) all compensation paid to a mortgage broker from any source in connection with this transaction. ``(B) Principal amount.--The term `principal amount' means-- ``(i) in the case of any consumer credit transaction under an open end credit plan secured by the consumer's principal dwelling, the maximum amount of credit that may be extended under the terms of such plan as determined without taking into account any amount included in determining the finance charge under section 106; and ``(ii) in the case of any other consumer credit transaction secured by a consumer's principal dwelling, the amount financed (as defined in section 138(a)(2)). ``(3) Prohibition on excessive finance charges.--No creditor or mortgage broker may, in connection with any consumer credit transaction secured by the consumer's principal dwelling, impose or receive any amount included in determining the qualified finance charge for such transaction that exceeds the amount which is equal to 5 percent of the principal amount of the transaction. ``(4) Exception.--This subsection shall not apply to any consumer credit transaction secured by the consumer's principal dwelling that is ensured or guaranteed by the Secretary of Housing and Urban Development, the Secretary of Veterans Affairs, or the Farmers Home Administration. ``(d) Mortgage Broker Duties of Agency.-- ``(1) In general.--Any mortgage broker acting to obtain or arrange for any consumer credit transaction secured by the consumer's principal dwelling shall be considered to have an agency relationship with the consumer in all cases by operation of law and shall comply with the following duties: ``(A) Mortgage brokers shall act in the consumer's best interest and in the utmost good faith toward each consumer and shall not compromise a consumer's right or interest in favor of another's right or interest, including a right or interest of the mortgage broker. ``(B) A mortgage broker shall not accept, give, or charge any undisclosed compensation or realize any undisclosed remuneration, either through direct or indirect means, that inures to the benefit of the mortgage broker on an expenditure made for the consumer. ``(C) Mortgage brokers shall carry out all lawful instructions given by the consumer. ``(D) Mortgage brokers shall disclose to consumers all material facts of which the mortgage broker has knowledge which might reasonably affect the consumer's rights, interests, or ability to receive the consumer's intended benefit from the consumer credit transaction, but not facts which are reasonably susceptible to the knowledge of the consumer. ``(E) Mortgage brokers shall use reasonable care in performing duties. ``(F) Mortgage brokers shall account to a consumer for all the consumer's money and property received as agent. ``(2) Scope.--The duty of agency between mortgage broker and consumer applies when the mortgage broker is acting in the capacity of mortgage broker providing mortgage brokerage services with respect to any consumer credit transaction secured by the consumer's principal dwelling for which the broker is not the creditor. ``(3) Rules of construction.-- ``(A) Fees for services rendered.--No provision of this subsection shall be construed as prohibiting a mortgage broker from contracting for or collecting a fee for services rendered which had been disclosed to the consumer in advance of the provision of such services. ``(B) Duty of broker.--No provision of this subsection shall be construed as requiring a mortgage broker-- ``(i) to obtain or arrange for any consumer credit transaction secured by the consumer's principal dwelling on behalf of a consumer that contains terms or conditions not available to the mortgage broker in the mortgage broker's usual course of business; or ``(ii) to obtain or arrange for any consumer credit transaction secured by the consumer's principal dwelling from a creditor with whom the mortgage broker does not have a business relationship. ``(e) Independent Verification of Consumer Counseling Before Refinancing Special Mortgages.-- ``(1) In general.--No creditor or mortgage broker may make, provide, or arrange for any consumer credit transaction secured by the consumer's principal dwelling all or a portion of the proceeds of which are used to fully or partially pay off a special mortgage unless the borrower has obtained a written certification from an authorized independent loan counselor that the borrower has received counseling on the advisability of the transaction. ``(2) Definitions.--For purposes of this section, the following definitions shall apply: ``(A) Special mortgage.--The term `special mortgage' means any consumer credit transaction secured by the consumer's principal dwelling that was originated, subsidized, funded, or guaranteed by or through a State, tribal, or local government, or nonprofit organization, that bears 1 or more of the following nonstandard payment terms which substantially benefit the consumer: ``(i) Payments vary with income. ``(ii) Payments of principal or interest are not required or can be deferred under specified conditions. ``(iii) Principal or interest is forgivable under specified conditions. ``(iv) Either no interest or an annual interest rate of 2 percent or less is charged in connection with the loan. ``(B) Authorized loan counselor.--The term `authorized independent loan counselor' means any nonprofit, third-party individual or organization providing homebuyer education programs, foreclosure prevention services, mortgage loan counseling, or credit counseling that is certified by the Secretary of Housing and Urban Development, or certified by any State housing agency or nonprofit organization designated by such Secretary, for such purposes. ``(f) Minimum Financial Requirements for Mortgage Brokers.--No mortgage broker may obtain or arrange for any consumer credit transaction secured by the consumer's principal dwelling unless at all times the mortgage broker-- ``(1) maintains a minimum net worth, net of intangibles, of at least $500,000, as determined in accordance with generally accepted accounting principles; or ``(2) maintains a surety bond or irrevocable letter of credit in the amount of $50,000. ``(g) Enforcement.--For purposes of providing a cause of action for any failure by a mortgage broker to comply with any requirement imposed under this section, section 130(a) shall be applied with respect to any such failure-- ``(1) by substituting `mortgage broker' for `creditor' each place such term appears in such section; and ``(2) by treating all qualified finance charges (as defined in subsection (c)(2)(A)) incurred in the origination of any consumer credit transaction secured by the consumer's principal dwelling as actual damages sustained by the consumer as a result of the failure. ``(h) Exclusion of Reverse Mortgages.--This section shall not apply with respect to any consumer mortgage transaction that constitutes a reverse mortgage.''. (b) Technical and Conforming Amendments.--The Truth in Lending Act is amended-- (1) in section 103 (u) (15 U.S.C. 1602(u)), by striking ``and the disclosures required by section 129(a)'' and inserting ``and the provisions of section 129 and 129A''; and (2) in section 130 (15 U.S.C. 1640), by inserting ``or 129A'' after section 129 each place such term appears. (c) Clerical Amendment.--The table of sections for chapter 2 of the Truth in Lending Act is amended by inserting after the item relating to section 129 the following new item: ``129A. Originations of consumer credit transactions secured by the consumer's principal dwelling.''.

Fairness for Homeowners Act of 2007 - Amends the Truth in Lending Act to prohibit any creditor or mortgage broker from making, providing, or arranging for any consumer credit transaction secured by a consumer's principal dwelling without verifying the consumer's reasonable ability to make the scheduled payments of principal, interest (including variable interest), real estate taxes, homeowner's insurance, assessments, and mortgage insurance premiums. Prescribes criteria for determining the reasonable ability to make such payments. Prohibits steering (arranging for a lower investment grade credit transaction if the consumer qualifies for a higher investment grade transaction) and prepayment penalties for adjustable rate mortgages (ARMs) that are not jumbo mortgages. Limits financed points, finance charges, and fees to 5% of a transaction's principal, unless the transaction is ensured or guaranteed by the Secretary of Housing and Urban Development, the Secretary of Veterans Affairs, or the Farmers Home Administration. Specifies duties of agency for mortgage brokers acting to obtain or arrange for any consumer credit transaction secured by the consumer's principal dwelling. Requires creditors and mortgage brokers to obtain independent verification that a borrower seeking to refinance a special mortgage has received counseling on the transaction's advisability. Defines "special mortgage" as one that: (1) was originated, subsidized, funded, or guaranteed by or through a state, tribal, or local government, or nonprofit organization; and (2) bears one or more specified nonstandard payment terms which substantially benefit the consumer. Prescribes minimum financial requirements for mortgage brokers. Excludes reverse mortgages from coverage by this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Start for America Act of 1994''. SEC. 2. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--AFDC AMENDMENTS Sec. 101. Benefits for first phase families. Sec. 102. Continuation of AFDC benefits for second phase families for 2 years while working. Sec. 103. Increase in resource threshold. Sec. 104. Job training and job search counseling. Sec. 105. Definitions. Sec. 106. Elimination of the JOBS program. Sec. 107. Elimination of rules that treat families differently based on number of parents in the home. TITLE II--HOUSING AMENDMENTS Sec. 201. Temporary exclusion of earned income for purposes of determining rent paid for units in federally assisted housing. TITLE III--FOOD STAMP AMENDMENT Sec. 301. Continuation of benefits. Sec. 302. Application of amendment. TITLE IV--HEAD START AMENDMENT Sec. 401. Authorization of appropriations for full-day and full-year services. TITLE V--EFFECTIVE DATE Sec. 501. Effective date. TITLE I--AFDC AMENDMENTS SEC. 101. BENEFITS FOR FIRST PHASE FAMILIES. (a) Child Care.-- (1) Vouchers.--Section 402 of the Social Security Act (42 U.S.C. 602) is amended by adding at the end the following: ``(j)(1) Each State agency shall provide to the caretaker relative of each first phase family in the State vouchers entitling any child care provider who meets applicable standards of State and local law and who receives such a voucher to payments from the State equal to the provider's cost of providing child care with respect to the family. ``(2) The value of a voucher provided under this subsection-- ``(A) shall not be treated as income for purposes of any Federal or federally assisted program that bases eligibility for, or the amount of, benefits upon need; and ``(B) may not be claimed as an employment-related expense for purposes of the credit under section 21 of the Internal Revenue Code of 1986.''. (2) Payments to states.--Section 403 of such Act (42 U.S.C. 603) is amended by adding at the end the following: ``(o) Each State shall be entitled to payment from the Secretary of an amount equal to the expenditures by the State under section 402(j) for any fiscal year.''. (3) Availability for children whose parents are in job training.--Section 402(g)(1)(A) of such Act, as amended by section 105(b)(3) of this Act, is amended by striking ``or remain employed'' and inserting ``, remain employed, or participate in job training activities''. (b) Continuation of AFDC Benefits for 2 Years While Working.-- Section 402(a) of such Act (42 U.S.C. 602(a)) is amended-- (1) by striking ``and'' at the end of paragraph (44); (2) by striking the period at the end of paragraph (45) and inserting ``; and''; and (3) by inserting after paragraph (45) the following: ``(46) provide that a first phase family (as defined in section 406(d)(1)) shall not be eligible for aid under the State plan after the earlier of-- ``(A) the 2-year period that begins with the date the parent who is the principal earner for the family becomes gainfully employed; or ``(B) the 6-month period that begins with the date the income of the family exceeds 300 percent of the poverty line.''. (c) 6-Month Disregard of Assets of Spouse who Marries AFDC Recipient.--Section 402(a)(7)(B) of such Act (42 U.S.C. 602(a)(7)(B)) is amended-- (1) by striking ``or'' at the end of clause (iii); and (2) by inserting ``, or (v) in the case of a family receiving such aid the caretaker relative for whom marries an individual in a month, any asset of the individual, but only for the 6-month period that begins with the month after the month in which the marriage occurs'' before the semicolon. SEC. 102. CONTINUATION OF AFDC BENEFITS FOR SECOND PHASE FAMILIES FOR 2 YEARS WHILE WORKING. Section 402(a)(46) of the Social Security Act (42 U.S.C. 602(a)(46)), as added by section 101(b)(3) of this Act, is amended by inserting ``or a second phase family (as defined in section 406(d)(2))'' before ``shall not''. SEC. 103. INCREASE IN RESOURCE THRESHOLD. Section 402(a)(7)(B) of the Social Security Act (42 U.S.C. 602(a)(7)(B)) is amended by striking ``$1,000 or such lower amount as the State may determine'' and inserting ``$2,500''. SEC. 104. JOB TRAINING AND JOB SEARCH COUNSELING. Section 402(a) of the Social Security Act (42 U.S.C. 602(a)), as amended by section 101(b) of this Act, is amended-- (1) by striking ``and'' at the end of paragraph (45); (2) by striking the period at the end of paragraph (46) and inserting ``; and''; and (3) by inserting after paragraph (46) the following: ``(47) provide that-- ``(A) the State agency shall provide job training and job search counseling to all recipients of aid under the State plan, including-- ``(i) educational activities (as appropriate), including high school or equivalent education (combined with training as needed), basic and remedial education to achieve a basic literacy level, and education for individuals with limited English proficiency; ``(ii) job skills training; ``(iii) job readiness activities to help prepare participants for work; and ``(iv) job development and job placement; and ``(B) the State agency shall not make such job training or job search counseling available to any second phase family until such job training and job search counseling has been made available to each first phase family, and shall not make such job training or job search counseling available to any family that is not a first phase family or a second phase family until such job training and job search counseling has been made available to each second phase family.''. SEC. 105. DEFINITIONS. Section 406(d) of the Social Security Act (42 U.S.C. 606(d)) is amended to read as follows: ``(d)(1) The term `first phase family' means a qualified family the parent who is the principal earner for which has ever been gainfully employed for 3 or more months (whether or not consecutive). ``(2) The term `second phase family' means a qualified family the parent who is the principal earner for which-- ``(A) has graduated from secondary school or has a certificate of high school equivalency; and ``(B) has never been gainfully employed. ``(3) The term `qualified family' means a family that-- ``(A) is a recipient of aid to families with dependent children under a State plan approved under this part; and ``(B) includes a dependent child who is eligible for benefits under the Head Start program or who has attained 6 years of age. ``(4) The term `poverty line' means, with respect to a family, the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the same size as the family.''. SEC. 106. ELIMINATION OF THE JOBS PROGRAM. (a) In General.-- (1) Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended by striking paragraph (19). (2) Section 403 of such Act (42 U.S.C. 603) is amended by striking subsections (k) and (l), except that subparagraph (A) of section 403(l)(3) shall remain in effect for purposes of applying any reduction in payment rates required by such subparagraph for any of the fiscal years specified in such subparagraph. (3) Part F of title IV of such Act is hereby repealed. (b) Conforming Amendments.-- (1) Section 402(a)(9)(A) of such Act (42 U.S.C. 602(a)(9)(A)) is amended by striking ``(including activities under part F)''. (2) Section 402(a)(44)(A) of such Act (42 U.S.C. 602(a)(44)(A)) is amended by striking ``, part D, and part F'' and inserting ``and part D''. (3) Section 402(g)(1)(A)(i) of such Act (42 U.S.C. 602(g)(1)(A)(i)) is amended by striking ``--'' and all that follows and inserting ``for each family with a dependent child requiring such care, to the extent that such care is determined by the State agency to be necessary for an individual in the family to accept employment or remain employed.''. (4) Section 402(g) of such Act (42 U.S.C. 602(g)) is amended by striking paragraph (2). (5) Section 417 of such Act (42 U.S.C. 617) is amended by striking ``, part D, and part F'' and inserting ``and part D''. (6) Section 471(a)(8)(A) of such Act (42 U.S.C. 671(a)(8)(A)) is amended by striking ``(including activities under part F)''. (7) Section 1115(b)(2)(A) of such Act (42 U.S.C. 1315(b)(2)(A)) is amended by striking ``, and 402(a)(19) (relating to the work incentive program)''. (8) Section 1108 of such Act (42 U.S.C. 1308) is amended-- (A) in subsection (a), by striking ``or, in the case of part A of title IV, section 403(k)''; and (B) in subsection (d), by striking ``(exclusive of any amounts on account of services and items to which, in the case of part A of such title, section 403(k) applies)''. (9) Section 1902(a)(10)(A)(i)(I) of such Act (42 U.S.C. 1396a(a)(19)(A)(i)(I)) is amended by striking ``, or considered by the State to be receiving such aid as authorized by section 482(e)(6)''. (10) Section 1928(a)(1) of such Act (42 U.S.C. 1396s(a)(1)) is amended by striking subparagraph (D). (11) Section 51(c)(2) of the Internal Revenue Code of 1986 is amended by striking subparagraph (B). SEC. 107. ELIMINATION OF RULES THAT TREAT FAMILIES DIFFERENTLY BASED ON NUMBER OF PARENTS IN THE HOME. (a) In General.-- (1) Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended by striking paragraphs (41) and (42). (2) Section 407 of such Act (42 U.S.C. 607) is hereby repealed. (b) Conforming Amendments.-- (1) Section 402(a)(38)(B) of such Act (42 U.S.C. 602(a)(38)(B)) is amended by striking ``or in section 407(a)''. (2) Section 406(a)(1) of such Act (42 U.S.C. 606(a)(1)) is amended by striking ``who has been deprived'' and all that follows through ``incapacity of a parent''. (3) Section 406(b)(1) of such Act (42 U.S.C. 606(b)(1)) is amended by striking ``and if such relative'' and all that follows through ``section 407''. (4) Section 472(a) of such Act (42 U.S.C. 672(a)) is amended by striking ``or of section 407''. (5) Section 473(a)(2)(A)(i) of such Act (42 U.S.C. 672(a)(2)(A)(i)) is amended by striking ``or section 407''. (6) Section 1115(b) of such Act (42 U.S.C. 1315(b)) is amended by striking paragraph (5). (7) Section 1115 of such Act (42 U.S.C. 1315) is amended by striking subsection (d). (8) Section 1902(a)(10)(A)(i) of such Act (42 U.S.C. 1396a(a)(10)(A)(i)) is amended by striking subclause (V) and by redesignating subclauses (VI) and (VII) as subclauses (V) and (VI), respectively. (9) Section 1905 of such Act (42 U.S.C. 1396d) is amended by striking subsection (m). (10) Section 1905(n)(1) of such Act (42 U.S.C. 1396d(n)(1)) is amended-- (A) in subparagraph (A)-- (i) by striking ``(or'' and all that follows through ``407)''; and (ii) by adding ``or'' at the end; and (B) by striking subparagraph (B). TITLE II--HOUSING AMENDMENTS SEC. 201. TEMPORARY EXCLUSION OF EARNED INCOME FOR PURPOSES OF DETERMINING RENT PAID FOR UNITS IN FEDERALLY ASSISTED HOUSING. (a) In General.--Notwithstanding any other provision of law, the amount of rent payable for a qualified dwelling unit by a family (1) whose income increases as a result of employment of a member of the family who was previously unemployed, and (2) who was receiving aid to families with dependent children under a State plan approved under part A of title IV of the Social Security Act immediately before such employment, may not be increased because of the increased income due to such employment for the 24-month period beginning upon the commencement of such employment. (b) Qualified Dwelling Unit.--For purposes of this section, the term ``qualified dwelling unit'' means a dwelling unit-- (1) for which assistance is provided by the Secretary of Housing and Urban Development in the form of any grant, contract, loan, loan guarantee, cooperative agreement, rental assistance payment, interest subsidy, insurance, or direct appropriation, or that is located in a project for which such assistance is provided; and (2) for which the amount of rent paid by the occupying family is limited, restricted, or determined under law or regulation based on the income of the family. TITLE III--FOOD STAMP AMENDMENT SEC. 301. CONTINUATION OF BENEFITS. Section 5(c) of the Food Stamp Act of 1977 (7 U.S.C. 2014(c)) is amended by adding at the end the following: ``Notwithstanding any other provision of this subsection, in the case of a household that includes a member who is employed and who in the then most recent 2-year period participated fully in the job training and job search counseling described in section 402(a)(47) of the Social Security Act and provided under a State plan approved under part A of title IV of such Act, all earned income shall be excluded for purposes of determining eligibility under such standards unless the aggregate income of such household exceeds the poverty line by more than 300 percent.''. SEC. 302. APPLICATION OF AMENDMENT. The amendment made by section 301 shall not apply with respect to certification periods beginning before the date of the enactment of this Act. TITLE IV--HEAD START AMENDMENT SEC. 401. AUTHORIZATION OF APPROPRIATIONS FOR FULL-DAY AND FULL-YEAR SERVICES. Section 639 of the Head Start Act (42 U.S.C. 9834) is amended by adding at the end the following: ``(d) There is authorized to be appropriated $1,000,000,000 to provide Head Start services during the full working day and the full calendar year.''. TITLE V--EFFECTIVE DATE SEC. 501. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 1 year after the date of the enactment of this Act.

TABLE OF CONTENTS: Title I: AFDC Amendments Title II: Housing Amendments Title III: Food Stamp Amendment Title IV: Head Start Amendment Title V: Effective Date Job Start for America Act of 1994 - Title I: AFDC Amendments - Amends part A of title IV (Aid to Families with Dependent Children) (AFDC) of the Social Security Act (SSA) to require each State agency to provide to the caretaker relative of each first phase family (as defined by this Act) vouchers entitling any child care provider meeting applicable State and local standards to State payments equal to the provider's cost of providing child care with respect to the family. (Sec. 101) Provides for continuance of AFDC benefits for first phase and second phase families (as defined by this Act) for: (1) two years after the principal earner parent becomes gainfully employed; or (2) six months after the family income exceeds 300 percent of the poverty line. Disregards the assets of a spouse who marries an AFDC recipient for the first six months after the wedding. (Sec. 103) Increases from $1,000 (or any State-determined lower amount) to $2,500 the eligibility resource threshold for receipt of AFDC benefits. (Sec. 104) Requires a State plan to provide that a State agency shall provide job training and job search counseling to all AFDC recipients, including educational activities, job skills training, job readiness activities, job development, and job placement. Sets priorities for provision of job training and job search counseling, first to all first phase families, then to all second phase families, then to any family neither one nor the other. (Sec. 105) Defines: (1) first phase family as one whose principal earner parent has never been gainfully employed for three or more months (whether or not consecutive); and (2) second phase family as one whose principal earner parent has graduated from secondary school or received a high school equivalency certificate, but has never been gainfully employed. (Sec. 106) Repeals: (1) part F of SSA title IV (Job Opportunities and Basic Skills (JOBS) Training Programs); and (2) requirements for treating families differently based on the number of parents in the home. Title II: Housing Amendments - Prohibits for a 24-month period any rent increase for a qualified dwelling unit because of increased income due to employment with respect to a family: (1) whose income increases as a result of the employment of a family member who was previously unemployed; and (2) who was receiving AFDC payments immediately before such employment. Title III: Food Stamp Amendment - Amends the Food Stamp Act of 1977 to exclude for food stamp eligibility purposes all earned income of a household that includes a member who is employed and who in the most recent two-year period participated fully in a State job training and job search counseling program under this Act, unless the household's aggregate income exceeds the poverty line by more than 300 percent. Title IV: Head Start Amendment - Amends the Head Start Act to authorize appropriations for full-day and full-year services. Title V: Effective Date - Sets forth the effective date of this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lupus Research and Care Amendments of 1997''. SEC. 2. FINDINGS. The Congress finds that-- (1) lupus is a serious, complex, inflammatory, autoimmune disease of particular concern to women; (2) lupus affects women 9 times more often than men; (3) there are 3 main types of lupus: systemic lupus, a serious form of the disease that affects many parts of the body; discoid lupus, a form of the disease that affects mainly the skin; and drug-induced lupus caused by certain medications; (4) lupus can be fatal if not detected and treated early; (5) the disease can simultaneously affect various areas of the body, such as the skin, joints, kidneys, and brain, and can be difficult to diagnose because the symptoms of lupus are similar to those of many other diseases; (6) lupus disproportionately affects African-American women, as the prevalence of the disease among such women is 3 times the prevalence among white women, and an estimated 1 in 250 African-American women between the ages of 15 and 65 develops the disease; (7) it has been estimated that between 1,400,000 and 2,000,000 Americans have been diagnosed with the disease, and that many more have undiagnosed cases; (8) current treatments for the disease can be effective, but may lead to damaging side effects; (9) many victims of the disease suffer debilitating pain and fatigue, making it difficult to maintain employment and lead normal lives; and (10) in fiscal year 1996, the amount allocated by the National Institutes of Health for research on lupus was $33,000,000, which is less than \1/2\ of 1 percent of the budget for such Institutes. TITLE I--RESEARCH ON LUPUS SEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES. Subpart 4 of part C of title IV of the Public Health Service Act (42 U.S.C. 285d et seq.) is amended by inserting after section 441 the following section: ``lupus ``Sec. 441A. (a) In General.--The Director of the Institute shall expand and intensify research and related activities of the Institute with respect to lupus. ``(b) Coordination With Other Institutes.--The Director of the Institute shall coordinate the activities of the Director under subsection (a) with similar activities conducted by the other national research institutes and agencies of the National Institutes of Health to the extent that such Institutes and agencies have responsibilities that are related to lupus. ``(c) Programs for Lupus.--In carrying out subsection (a), the Director of the Institute shall conduct or support research to expand the understanding of the causes of, and to find a cure for, lupus. Activities under such subsection shall include conducting and supporting the following: ``(1) Research to determine the reasons underlying the elevated prevalence of lupus in women, including African- American women. ``(2) Basic research concerning the etiology and causes of the disease. ``(3) Epidemiological studies to address the frequency and natural history of the disease and the differences among the sexes and among racial and ethnic groups with respect to the disease. ``(4) The development of improved screening techniques. ``(5) Clinical research for the development and evaluation of new treatments, including new biological agents. ``(6) Information and education programs for health care professionals and the public. ``(d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $50,000,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 and 2000.''. TITLE II--DELIVERY OF SERVICES REGARDING LUPUS SEC. 201. ESTABLISHMENT OF PROGRAM OF GRANTS. (a) In General.--The Secretary of Health and Human Services shall in accordance with this title make grants to provide for projects for the establishment, operation, and coordination of effective and cost- efficient systems for the delivery of essential services to individuals with lupus and their families. (b) Recipients of Grants.--A grant under subsection (a) may be made to an entity only if the entity is a public or nonprofit private entity, which may include a State or local government; a public or nonprofit private hospital, community-based organization, hospice, ambulatory care facility, community health center, migrant health center, or homeless health center; or other appropriate public or nonprofit private entity. (c) Certain Activities.--Activities that the Secretary may authorize for projects under subsection (a) include the following: (1) Delivering or enhancing outpatient, ambulatory, and home-based health and support services, including case management and comprehensive treatment services, for individuals with lupus; and delivering or enhancing support services for their families. (2) Delivering or enhancing inpatient care management services that prevent unnecessary hospitalization or that expedite discharge, as medically appropriate, from inpatient facilities of individuals with lupus. (3) Improving the quality, availability, and organization of health care and support services (including transportation services, attendant care, homemaker services, and day or respite care) for individuals with lupus and their families. (4) Providing assistance to assure the continuity of health insurance coverage for individuals with lupus. SEC. 202. CERTAIN REQUIREMENTS. A grant may be made under section 201 only if the applicant involved makes the following agreements: (1) Not more than 5 percent of the grant will be used for administration, accounting, reporting, and program oversight functions. (2) The grant will be used to supplement and not supplant funds from other sources related to the treatment of lupus. (3) With respect to the imposition of charges for the provision of services under the grant: (A) In the case of an individual with an income less than or equal to 100 percent of the official poverty line, the applicant will not impose a charge. (B) In the case of an individual with an income greater than 100 percent of the official poverty line and not exceeding 200 percent of such poverty line, the applicant will not impose charges for any calendar year exceeding 5 percent of the annual gross income of the individual involved. (C) In the case of an individual with an income greater than 200 percent of the official poverty line and not exceeding 300 percent of such poverty line, the applicant will not impose charges for any calendar year exceeding 7 percent of the annual gross income of the individual. (D) In the case of an individual with an income greater than 300 percent of the official poverty line, the applicant will not impose charges for any calendar year exceeding 10 percent of the annual gross income of the individual. SEC. 203. TECHNICAL ASSISTANCE. The Secretary may provide technical assistance to assist entities in complying with the requirements of this title in order to make such entities eligible to receive grants under section 201. SEC. 204. DEFINITIONS. For purposes of this title: (1) The term ``official poverty line'' means the poverty line established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981. (2) The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 205. AUTHORIZATION OF APPROPRIATIONS. For the purpose of carrying out this title, there are authorized to be appropriated $50,000,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 through 2002.

TABLE OF CONTENTS: Title I: Research on Lupus Title II: Delivery of Services Regarding Lupus Lupus Research and Care Amendments of 1997 - Title I: Research on Lupus - Amends the Public Health Service Act to require the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases to expand and intensify research and related activities of the Institute with respect to lupus. Requires the Director to: (1) coordinate such activities with similar activities conducted by other national research institutes and agencies of the National Institutes of Health; and (2) conduct or support research to expand the understanding of the causes of, and to find a cure for, lupus, including research to determine the reasons underlying the elevated prevalence of the disease among African-American and other women. Authorizes appropriations. Title II: Delivery of Services Regarding Lupus - Mandates grants for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with lupus and their families. Regulates fees imposed by grantees on service recipients. Authorizes technical assistance. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Violence Records Reporting Improvement Act of 2017''. SEC. 2. RESTRICTION ON NCHIP GRANTS. Section 102 of the Crime Identification Technology Act of 1998 (34 U.S.C. 40301) is amended by adding at the end the following: ``(g)(1) National Instant Criminal Background Check System.--For purposes of this subsection, the term `National Instant Criminal Background Check System' means the National Instant Criminal Background Check System established under section 103(b) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) for firearms eligibility determinations. ``(2) Domestic Violence Record Defined.--For purposes of paragraph (3), a domestic violence record is the following: ``(A) A record that identifies a person who is subject to a court order described in section 922(g)(8) of title 18, United States Code. ``(B) A record that identifies a person who was convicted in any court of a misdemeanor crime of domestic violence, as defined in section 921(a)(33) of title 18, United States Code, during the 5 years preceding the date of enactment of this subsection. ``(3) Report to Congress.--Not later than January 31 of each year, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report identifying the percentage of records described in paragraph (2) from each State that are accessible through the National Instant Criminal Background Check System. ``(4) Methodology.--The method established to calculate the number of records identified in paragraph (2) accessible through the National Instant Criminal Background Check System, as set forth in paragraph (2) and State compliance with the required level of reporting under paragraph (6), shall be determined by the Attorney General, after consultation with the States, in accordance with the following: ``(A) A record of an individual convicted of a misdemeanor crime of domestic violence shall be counted as accessible through the National Instant Criminal Background Check System if a record identifying the individual has been submitted to the NICS Index or a record identifies the individual in the Interstate Identification Index and the record in the Interstate Identification Index either complies with paragraph (c)(2) of section 102 of the NICS Amendment Improvements Act of 2007 (34 U.S.C. 40912), or otherwise clearly indicates that the person is ineligible to purchase or possess firearms as a result of the conviction. ``(B) A record of an individual subject to a court order described in section 922(g)(8) of title 18, United States Code shall be counted as accessible through the National Instant Criminal Background Check System if either a record identifying the individual has been submitted to the NICS Index, or the individual is identified in the Protection Order File of the National Crime Information Center and the record in the Protection Order File of the National Crime Information Center clearly indicates that the person is ineligible to purchase or possess firearms as a result of the court order. ``(5) Grant Eligibility.--Starting in each year as stated below, a State shall not be eligible for a grant under this section for purposes that do not contribute to the accessibility of the records described in paragraph (2) through the National Instant Criminal Background Check System, unless at least the following percentage of such records from that State are accessible through the National Instant Criminal Background Check System, as determined by the Attorney General in accordance with paragraph (4): ``(A) 30 percent of such records, starting 2021; ``(B) 50 percent of such records, starting 2023; and ``(C) 70 percent of such records, starting 2025. ``(6) Reallocation.--Any funds that are not allocated to a State because of the failure of the State to comply with the requirements of this subsection shall be reallocated to States that meet such requirements.''. SEC. 3. NARIP FUNDING FOR DOMESTIC VIOLENCE REPORTING. (a) Implementation Assistance to States.--Section 103(c) of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40913) is amended-- (1) by inserting ``(1)'' after ``(c)''; and (2) by adding at the end, the following: ``(2) The Attorney General shall waive the requirement of a relief from disabilities program for any State to receive a grant under this section if the primary purpose of the grant is to improve the accessibility through the National Instant Criminal Background Check System of the records identified in subsection (g)(3) of section 102 of the Crime Identification Technology Act of 1998 (34 U.S.C. 40301).''. (b) Disposition Records Automation and Transmittal Improvement Grants.--Section 301(d) of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40941) is amended-- (1) by inserting ``(1)'' after ``(d)''; and (2) by adding at the end, the following: ``(2) The Attorney General shall waive the requirement of a relief from disabilities program for any State to receive a grant under this section if the primary purpose of the grant is to improve the accessibility through the National Instant Criminal Background Check System of the records identified in subsection (g)(3) of section 102 of the Crime Identification Technology Act of 1998 (34 U.S.C. 40301).''.

Domestic Violence Records Reporting Improvement Act of 2017 This bill amends the Crime Identification Technology Act of 1998 to require a state, as an eligibility condition to receive a grant under the National Criminal History Improvement Program, to provide to the National Instant Criminal Background Check System (NICS) a certain percentage of records related to domestic violence convictions and protection orders. Additionally, the bill amends the NICS Improvement Amendments Act of 2007 to waive the requirement for a state to certify, as an eligibility condition to receive a grant under the NICS Act Record Improvement Program (NARIP), that it has a relief from disabilities program, if the state's primary purpose for the NARIP grant is to improve access to domestic violence records in the NICS.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting American Workers Act of 1997''. SEC. 2. CHANGES RELATING TO H-1B NONIMMIGRANTS. (a) Attestations.-- (1) Compensation level.--Section 212(n)(1)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(A)(i)) is amended-- (A) in subclause (I), by inserting ``100 percent of'' before ``the actual wage level'', (B) in subclause (II), by inserting ``100 percent of'' before ``the prevailing wage level'', and (C) by adding at the end the following: ``is offering and will offer during such period the same benefits and additional compensation provided to similarly-employed workers by the employer, and''. (2) Displacement of united states workers.--Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)) is amended by inserting after subparagraph (D) the following new subparagraph: ``(E)(i) The employer-- ``(I) has not, within the six-month period prior to the filing of the application, laid off or otherwise displaced any United States worker (as defined in clause (ii)), including any worker obtained by contract, employee leasing, temporary help agreement, or other similar basis, in the occupational classification which is the subject of the application and in which the nonimmigrant is intended to be (or is) employed; and ``(II) within 90 days following the application, and within 90 days before and after the filing of a petition for any H-1B worker pursuant to that application, will not lay off or otherwise displace any United States worker in the occupational classification which is the subject of the application and in which the nonimmigrant is intended to be (or is) employed. ``(ii) For purposes of this subparagraph, the term `United States worker' means-- ``(I) a citizen or national of the United States; ``(II) an alien lawfully admitted to the United States for permanent residence; and ``(III) an alien authorized to be so employed by this Act or by the Attorney General. ``(iii) For purposes of this subparagraph, the term `laid off', with respect to an employee, means the employee's loss of employment, other than a discharge for cause or a voluntary departure or voluntary retirement.''. (3) Recruitment of united states workers.--Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)), as amended by paragraph (2), is further amended by inserting after subparagraph (E) the following new subparagraph: ``(F) The employer, prior to filing the application, attempted unsuccessfully and in good faith to recruit a United States worker for the employment that will be done by the alien whose services are being sought, using recruitment procedures that meet industry-wide standards and offering wages that are at least-- ``(i) 100 percent of the actual wage level paid by the employer to other individuals with similar experience and qualifications for the specific employment in question, or ``(ii) 100 percent of the prevailing wage level for individuals in such employment in the area of employment, whichever is greater, based on the best information available as of the date of filing the application, and offering the same benefits and additional compensation provided to similarly- employed workers by the employer.''. (4) Dependence on h-1b workers.--Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)), as amended by paragraphs (2) and (3), is further amended by inserting after subparagraph (F) the following new subparagraph: ``(G)(i) Whether the employer is dependent on H-1B workers, as defined in clause (ii) and in such regulations as the Secretary of Labor may develop and promulgate in accordance with this paragraph. ``(ii) For purposes of clause (i), an employer is `dependent on H-1B workers' if the employer-- ``(I) has fewer than 41 full-time equivalent employees who are employed in the United States and employs four or more nonimmigrants under section 101(a)(15)(H)(i)(b); or ``(II) has at least 41 full-time equivalent employees who are employed in the United States, and employs nonimmigrants described in section 101(a)(15)(H)(i)(b) in a number that is equal to at least ten percent of the number of such full-time equivalent employees. ``(iii) In applying this subparagraph, any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as a single employer under this subparagraph. Aliens with respect to whom the employer has filed such an application shall be treated as employees, and counted as nonimmigrants under section 101(a)(15)(H)(i)(b), under this paragraph.''. (5) Job contractors.--(A) Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)), as amended by paragraphs (2) through (4), is further amended by inserting after subparagraph (G) the following new subparagraph: ``(H) In the case of an employer that is a job contractor (within the meaning of regulations promulgated by the Secretary of Labor to carry out this subsection), the contractor will not place any H-1B employee with another employer unless such other employer has executed an attestation that the employer is complying and will continue to comply with the requirements of this paragraph in the same manner as they apply to the job contractor.''. (B) Section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)) is amended by adding at the end the following new subparagraph: ``(E) The provisions of this paragraph shall apply to complaints respecting a failure of another employer to comply with an attestation described in paragraph (1), that has been made as the result of the requirement imposed on job contractors under paragraph (1)(H), in the same manner that they apply to complaints of a petitioner with respect to a failure to comply with a condition described in paragraph (1) by employers generally.''. (b) Special Rules for Employers Dependent on H-1B Workers.--Section 212(n) of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended by adding at the end the following new paragraph: ``(3)(A) No alien may be admitted or provided status as a nonimmigrant described in section 101(a)(15)(H)(i)(b) if the employer who is seeking the services of such alien has attested under paragraph (1)(G) that the employer is dependent on H-1B workers unless the following conditions are met: ``(i) The Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that the employer who is seeking the services of such alien is taking steps described in subparagraph (C) (including having taken the step described in subparagraph (D)). ``(ii) The alien has demonstrated to the satisfaction of the Secretary of State and the Attorney General that the alien has a residence abroad which he has no intention of abandoning. ``(B)(i) It is unlawful for a petitioning employer to require, as a condition of employment by such employer, or otherwise, that a payment to a fund described in subparagraph (D)(i), or any part of it, be made directly or indirectly by the alien whose services are being sought. ``(ii) Any person or entity which is determined, after notice and opportunity for an administrative hearing, to have violated clause (i) shall be subject to a civil penalty of $5,000 for each violation and to disqualification for 1 year from petitioning under section 204 or 214(c). ``(iii) Any amount determined to have been paid, directly or indirectly, to a fund described in subparagraph (D)(i) by the alien whose services were sought, shall be repaid from the fund or by the employer, as appropriate, to such alien. ``(C)(i) An employer who attests under paragraph (1)(G) to dependence on H-1B workers shall take timely, significant, and effective steps (including the step described in subparagraph (D)) to recruit and retain sufficient United States workers in order to remove as quickly as reasonably possible the dependence of the employer on H- 1B workers. ``(ii) For purposes of clause (i), steps under clause (i) (in addition to the step described in subparagraph (D)) may include the following: ``(I) Operating a program of training existing employees who are United States workers in the skills needed by the employer, or financing (or otherwise providing for) such employees' participation in such a training program elsewhere. ``(II) Providing career development programs and other methods of facilitating United States workers in related fields to acquire the skills needed by the employer. ``(III) Paying to employees who are United States workers compensation that is equal in value to more than 105 percent of what is paid to persons similarly employed in the geographic area. The steps described in this clause shall not be considered to be an exhaustive list of the significant steps that may be taken to meet the requirements of clause (i). ``(iii) The steps described in clause (i) shall not be considered effective if the employer has failed to decrease by at least 10 percent in each of two consecutive years the percentage of the employer's total number of employees in the specific employment in which the H-1B workers are employed which is represented by the number of H-1B workers. ``(iv) The Attorney General shall not approve petitions filed under section 204 or 214(c) with respect to an employer that has not, in the prior two years, complied with the requirements of this subparagraph (including subparagraph (D)). ``(D)(i) The step described in this subparagraph is payment of an amount consistent with clause (ii) by the petitioning employer into a private fund which is certified by the Secretary of Labor as dedicated to reducing the dependence of employers in the industry of which the petitioning employer is a part on new foreign workers and which expends amounts received under this subclause consistent with clause (iii). ``(ii) An amount is consistent with this clause if it is a percent of the value of the annual compensation (including wages, benefits, and all other compensation) to be paid to the alien whose services are being sought, equal to 5 percent in the first year, 7.5 percent in the second year, and 10 percent in the third year. ``(iii) Amounts are expended consistent with this clause if they are expended as follows: ``(I) One-half of the aggregate amounts are expended for awarding scholarships and fellowships to students at colleges and universities in the United States who are citizens or lawful permanent residents of the United States majoring in, or engaging in graduate study of, subjects of direct relevance to the employers in the same industry as the petitioning employer. ``(II) One-half of the aggregate amounts are expended for enabling United States workers in the United States to obtain training in occupations required by employers in the same industry as the petitioning employer.''. (c) Increased Penalties for Misrepresentation.--Section 212(n)(2)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(C)) is amended-- (1) in subparagraph (C) in the matter before clause (i), by striking ``(1)(C) or (1)(D)'' and inserting ``(1)(C), (1)(D), (1)(E), or (1)(F) or to fulfill obligations imposed under paragraph (3)(A) for employers attesting under paragraph (1)(G) to dependence on H-1B workers''; (2) in subparagraph (C)(i), by striking ``$1,000'' and inserting ``$5,000''; (3) by amending subparagraph (C)(ii) to read as follows: ``(ii) the Attorney General shall not approve petitions filed with respect to that employer (or any employer who is a successor in interest) under section 204 or 214(c) for aliens to be employed by the employer-- ``(I) during a period of at least 1 year in the case of the first determination of a violation or any subsequent determination of a violation occurring within 1 year of that first violation or any subsequent determination of a nonwillful violation occurring more than 1 year after the first violation; ``(II) during a period of at least 5 years in the case of a determination of a willful violation occurring more than 1 year after the first violation; and ``(III) at any time in the case of a determination of a willful violation occurring more than 5 years after a violation described in subclause (II).''; and (4) in subparagraph (D), by adding at the end the following: ``If a penalty under subparagraph (C) has been imposed in the case of a willful violation, the Secretary shall impose an additional civil monetary penalty on the employer in an amount equalling twice the amount of backpay.''. (d) Limitation on Period of Authorized Admission.--Section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) is amended-- (1) by inserting ``or section 101(a)(15)(H)(ii)(b)'' after ``section 101(a)(15)(H)(i)(b)''; and (2) by striking ``6 years'' and inserting in lieu thereof ``3 years''. (e) Requirement for Residence Abroad.--Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) is amended by inserting ``who has a residence in a foreign country which he has no intention of abandoning,'' after ``212(j)(2),''. (f) Effective Dates.-- (1) Except as provided in paragraph (2), the amendments made by this section shall take effect 60 days after the date of the enactment of this Act. (2) The amendments made by subsection (c) shall apply with respect to violations occurring on or after the date of enactment of this Act.

Protecting American Workers Act of 1997 - Amends the Immigration and Nationality Act with respect to the following conditions of H-1B nonimmigrant employment: (1) compensation level; (2) U.S. worker displacement and recruitment; (3)H-1B worker dependence; (4) job contractors; (5) misrepresentation penalties; (6) period of admission; and (7) foreign residence requirement.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Nuclear Waste by Our Lakes Act of 2015''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Ontario Power Generation is proposing to build the Deep Geologic Repository to dispose of low- and intermediate-level nuclear waste less than 1 mile from Lake Huron in Kincardine, Ontario, Canada. (2) Members of Congress, citizens of the United States, and citizens of Canada have expressed concern with the proposal to permanently store 7,000,000 cubic feet of nuclear waste in the Great Lakes Basin. (3) These boundary waters are protected from pollution under the Treaty Between the United States and Great Britain Relating to Boundary Waters and Questions Arising Between the United States and Canada, signed at Washington January 11, 1909, and entered into force May 5, 1910 (36 Stat. 2448; TS 548) (commonly referred to as the ``Boundary Waters Treaty of 1909''). (4) Article VII of the Boundary Waters Treaty of 1909 established the International Joint Commission, which has jurisdiction over any case involving the use, obstruction, or diversion of boundary waters. (5) Under Article IX of the Boundary Waters Treaty of 1909, either the United States or Canada may request the International Joint Commission to conduct an examination and issue a report for any question or matter of difference involving the rights, obligations, or interests of either party. (6) Under Article X of the Boundary Waters Treaty of 1909, any questions or matters of difference between the United States and Canada involving rights, obligations, or interests either in relation to each other or to their respective inhabitants, may be referred for decision to the International Joint Commission by the consent of the two Parties. SEC. 3. INTERNATIONAL JOINT COMMISSION. (a) Deep Geological Repository.--Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall request that, pursuant to Article IX of the Boundary Waters Treaty of 1909, the International Joint Commission-- (1) conduct a review of the long-term impacts of the location of the Deep Geological Repository, including an examination of the conclusions reached in the Environmental Assessment Report issued by the Joint Review Panel on May 6, 2015 (CEAA Reference No. 17520), and whether those conclusions would adequately protect Lake Huron and the other Great Lakes from the risks posed by the operation of the Deep Geological Repository for low and intermediate-level nuclear waste; and (2) issue a report on the findings of the Commission to the Governments of the United States and Canada. (b) Disposal of High-Level Nuclear Waste.--In the event the Government of Canada decides to permanently dispose of high-level nuclear waste at a site in close proximity to the Deep Geological Repository or another site in the Great Lakes Basin-- (1) the Secretary of State shall request that, pursuant to Article IX of the Boundary Waters Treaty of 1909, the International Joint Commission conduct a study on the risks to the Great Lakes Basin of storing high-level nuclear waste in close proximity to the Deep Geological Repository or another site in the Great Lakes Basin; and (2) the Secretary of State shall invoke Article X of the Boundary Waters Treaty of 1909 to bring the matter before the International Joint Commission. SEC. 4. INTERNATIONAL NEGOTIATIONS. The Secretary of State shall undertake negotiations with the Government of Canada-- (1) to delay the final decision on the Deep Geologic Repository until after the International Joint Commission delivers the report issued pursuant to section 3(a)(2); and (2)(A) to delay any final decision to store high-level nuclear waste in close proximity to the Deep Geological Repository or another site in the Great Lakes Basin until after the International Joint Commission conducts the study described under section 3(b); and (B) to consent to bringing the matter of such disposal of high-level nuclear waste before the International Joint Commission pursuant to Article X of the Boundary Waters Treaty of 1909. SEC. 5. DEFINITIONS. In this Act: (1) Deep geologic repository.--The term ``Deep Geologic Repository'' means the proposal by Ontario Power Generation to dispose of 7,000,000 cubic feet of low- and intermediate-level nuclear waste at the Bruce Nuclear Power Plant in Kincardine, Ontario. (2) Great lakes basin.--The term ``Great Lakes Basin'' means-- (A) Lake Ontario, Lake Erie, Lake Huron (including Lake St. Clair), Lake Michigan, and Lake Superior; (B) the connecting channels (Saint Mary's River, Saint Clair River, Detroit River, Niagara River, and Saint Lawrence River to the Canadian Border); and (C) all streams, rivers, lakes, and other bodies of water within the drainage basin of the lakes listed in subparagraph (A).

Stop Nuclear Waste by Our Lakes Act of 2015 This bill directs the Department of State to request that the International Joint Commission: review the long-term impacts of the location of the Deep Geological Repository (proposed by the Ontario Power Generation for disposal of 7 million cubic feet of low- and intermediate-level nuclear waste at the Bruce Nuclear Power Plant in Kincardine, Ontario), including an examination of the conclusions reached in the Environmental Assessment Report of the Joint Review Panel, and whether those conclusions would adequately protect Lake Huron and the other Great Lakes from the risks posed by the operation of the Deep Geological Repository for low and intermediate-level nuclear waste; and issue a report on the Commission's findings to the governments of the United States and Canada. If Canada decides to dispose permanently of high-level nuclear waste at a site in close proximity to the Deep Geological Repository or another site in the Great Lakes Basin the Department shall: request the Commission to study the risks to the Great Lakes Basin of storing high-level nuclear waste in close proximity to the Deep Geological Repository or another site in the Great Lakes Basin, and bring the matter before the Commission. The Department shall undertake negotiations with Canada to: delay the final decision on the Deep Geologic Repository until after the Commission delivers the report required by this Act, delay any final decision to store high-level nuclear waste in close proximity to the Deep Geological Repository or another site in the Great Lakes Basin until after the Commission conducts the study required by this Act, and consent to bringing the matter of such disposal of high-level nuclear waste before the Commission.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Predisaster Hazard Mitigation Enhancement Program Act of 2009''. SEC. 2. PREDISASTER HAZARD MITIGATION ENHANCEMENT. (a) In General.--Title II of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131 et seq.) is amended-- (1) by redesignating section 204 as section 205; and (2) by inserting after section 203 the following: ``SEC. 204. PREDISASTER HAZARD MITIGATION ENHANCEMENT. ``(a) Purpose.--The purpose of this section is to provide grants to eligible entities to assist hazard mitigation strategies that save lives, improve the structural integrity of property affected by natural disasters, and provide hazard mitigation cost savings to the Federal Government and States. ``(b) Grants Authorized.--The President may make grants, on a competitive basis, to eligible entities in accordance with this section. ``(c) Application.--To be eligible for a grant under this section, an eligible entity shall submit an application to the President in accordance with regulations issued by the President not later than 180 days after the date of enactment of the Predisaster Hazard Mitigation Enhancement Program Act of 2009. ``(d) Grant Uses.--A grant made under this section may be used only for the following: ``(1) To assist predisaster hazard mitigation improvements to residential property that is valued at an amount not exceeding $250,000. ``(2) To assist predisaster hazard mitigation improvements to business property that is owned or leased and operated by a small business concern and that is valued at an amount not exceeding $500,000. ``(3) To assist predisaster hazard mitigation improvements to residential rental property that is valued at an amount not exceeding the product of the total number of residential rental dwelling units in such property and $250,000. ``(e) Annual Adjustment of Amounts.--The President shall adjust annually the amounts under subsection (d) to account for changes occurring in the preceding 12-month period in the Consumer Price Index for All Urban Consumers (United States City Average) published by the Bureau of Labor Statistics of the Department of Labor. ``(f) Minimum Standards.--An eligible entity that receives a grant under this section shall carry out any repair, construction, renovation, or retrofit assisted by such grant in accordance with the following: ``(1) Applicable standards of safety and sanitation. ``(2) Applicable codes, specifications, and standards of the International Building Code of the International Code Council or the NFPA 5000: Building Construction and Safety Code of the National Fire Protection Association. ``(3) Safe land use and construction practice standards that may be issued by the President after consultation with appropriate State officials. ``(g) Federal Share.--The Federal share of the cost of mitigation activities carried out using amounts from a grant made under this section shall not exceed 75 percent of the cost of the activities. If prior approval by the President is received, the value of in-kind contributions may be credited toward the non-Federal share of the cost of the activities. ``(h) Allocation of Amounts.--Of the amounts appropriated for making grants under this section in a fiscal year, the President shall-- ``(1) require eligible entities to allocate-- ``(A) 50 percent of grant amounts to programs that address the mitigation needs of single family housing units; ``(B) 30 percent of grant amounts to programs that address the mitigation needs of multi-family housing units and residential rental dwelling units; and ``(C) 20 percent of grant amounts to programs that address the mitigation needs of small businesses; and ``(2) allocate not less than 60 percent of all such amounts to mitigation programs relating to hurricanes. ``(i) Coastal Barrier Resources System.--Grants made under this section may not be used for projects located in the Coastal Barrier Resources System established under section 4 of the Coastal Barrier Resources Act (16 U.S.C. 3503). ``(j) Definitions.--In this section, the following definitions apply: ``(1) Eligible entity.--The term `eligible entity' means any of the 50 States, the District of Columbia, any federally recognized Indian tribe, and any territory or possession of the United States that-- ``(A) has an approved mitigation plan under section 322; ``(B) implements public awareness campaigns to encourage improvements to structures to mitigate hazards relating to natural disasters; ``(C) takes steps to encourage mitigation actions with respect to repetitive loss structures within the jurisdiction of such entity; and ``(D) if such entity has a State residual market, excludes from such State residual market any property located in the Coastal Barrier Resources System established under section 4 of the Coastal Barrier Resources Act (16 U.S.C. 3503). ``(2) Natural disaster.--The term `natural disaster' has the meaning given such term under section 602. ``(3) President.--The term `President' means the President, acting through the Administrator of the Federal Emergency Management Agency. ``(4) Repetitive loss structure.--The term `repetitive loss structure' has the meaning given such term under section 1370 of the National Flood Insurance Act of 1968 (42 U.S.C. 4121). ``(5) State residual market.--The term `State residual market' means a State plan that has established a reinsurance fund or has authorized the operation of a State residual insurance market entity or any State-sponsored provider of natural catastrophe insurance. ``(k) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2010 through 2014.''. (b) State Homeowner Mitigation Program Support.--Section 203(e)(1)(B) of such Act (42 U.S.C. 5133(e)(1)(B)) is amended-- (1) at the end of clause (ii) by striking ``or''; (2) at the end of clause (iii) by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(iv) to support State programs that provide grants or loans to low income homeowners for use with respect to a primary residence for wind and flood inspections and for implementation of hazard mitigation improvements.''. (c) Cooperative Storm Buffer Improvement Study.--The Administrator of the Federal Emergency Management Agency shall enter into appropriate arrangements with the National Academy of Sciences, or a similar organization, to examine methods to coordinate the functions of man- made storm buffers and natural storm buffers. The study shall include an examination of large coastal communities and smaller, high-priority, natural storm buffer communities.

Predisaster Hazard Mitigation Enhancement Program Act of 2009 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize: (1) the Administrator of the Federal Emergency Management Agency (FEMA) to make grants on a competitive basis to states and other jurisdictions to assist predisaster hazard mitigation strategies; and (2) the use of technical and financial assistance under such Act to support state programs that provide grants to low income homeowners for wind and flood inspections of their principal residences and for implementation of hazard mitigation improvements.. Limits the use of grants to assist predisaster hazard mitigation improvements to: (1) residential property valued up to $250,000; (2) small business property valued up to $500,000; and (3) residential rental property valued up to the product of the number of rental units in such property and $250,000. Prohibits grants from being used for projects located in the Coastal Barrier Resources System. Directs the Administrator to arrange with the National Academy of Sciences or a similar organization to examine methods to coordinate the functions of man-made and natural storm buffers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sales Tax Equity Act of 2001''. SEC. 2. DEDUCTION OF STATE AND LOCAL GENERAL SALES TAXES IN LIEU OF STATE AND LOCAL INCOME TAXES. (a) In General.--Subsection (b) of section 164 of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by adding at the end the following: ``(5) General sales taxes.--For purposes of subsection (a)-- ``(A) Election to deduct state and local sales taxes in lieu of state and local income taxes.-- ``(i) In general.--At the election of the taxpayer for the taxable year, subsection (a) shall be applied-- ``(I) without regard to the reference to State and local income taxes, ``(II) as if State and local general sales taxes were referred to in a paragraph thereof, and ``(III) without regard to the last sentence. ``(B) Definition of general sales tax.--The term `general sales tax' means a tax imposed at one rate with respect to the sale at retail of a broad range of classes of items. ``(C) Special rules for food, etc.--In the case of items of food, clothing, medical supplies, and motor vehicles-- ``(i) the fact that the tax does not apply with respect to some or all of such items shall not be taken into account in determining whether the tax applies with respect to a broad range of classes of items, and ``(ii) the fact that the rate of tax applicable with respect to some or all of such items is lower than the general rate of tax shall not be taken into account in determining whether the tax is imposed at one rate. ``(D) Items taxed at different rates.--Except in the case of a lower rate of tax applicable with respect to an item described in subparagraph (C), no deduction shall be allowed under this paragraph for any general sales tax imposed with respect to an item at a rate other than the general rate of tax. ``(E) Compensating use taxes.--A compensating use tax with respect to an item shall be treated as a general sales tax. For purposes of the preceding sentence, the term `compensating use tax' means, with respect to any item, a tax which-- ``(i) is imposed on the use, storage, or consumption of such item, and ``(ii) is complementary to a general sales tax, but only if a deduction is allowable under this paragraph with respect to items sold at retail in the taxing jurisdiction which are similar to such item. ``(F) Special rule for motor vehicles.--In the case of motor vehicles, if the rate of tax exceeds the general rate, such excess shall be disregarded and the general rate shall be treated as the rate of tax. ``(G) Separately stated general sales taxes.--If the amount of any general sales tax is separately stated, then, to the extent that the amount so stated is paid by the consumer (other than in connection with the consumer's trade or business) to the seller, such amount shall be treated as a tax imposed on, and paid by, such consumer. ``(H) Amount of deduction to be determined under tables.-- ``(i) In general.--The amount of the deduction allowed under this paragraph shall be determined under tables prescribed by the Secretary. ``(ii) Requirements for tables.--The tables prescribed under clause (i)-- ``(I) shall reflect the provisions of this paragraph, ``(II) shall be based on the average consumption by taxpayers on a State-by-State basis, as determined by the Secretary, taking into account filing status, number of dependents, adjusted gross income, and rates of State and local general sales taxation, and ``(III) need only be determined with respect to adjusted gross incomes up to the applicable amount (as determined under section 68(b)).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Sales Tax Equity Act of 2001 - Amends the Internal Revenue Code to permit the deduction of State and local sales taxes in lieu of State and local income taxes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Religious Freedom Restoration Act of 1993''. SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES. (a) Findings.--The Congress finds that-- (1) the framers of the Constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the First Amendment to the Constitution; (2) laws ``neutral'' toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise; (3) governments should not burden religious exercise without compelling justification; (4) in Employment Division v. Smith, 494 U.S. 872 (1990) the Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral toward religion; and (5) the compelling interest test as set forth in prior Federal court rulings is a workable test for striking sensible balances between religious liberty and competing prior governmental interests. (b) Purposes.--The purposes of this Act are-- (1) to restore the compelling interest test as set forth in Sherbert v. Verner, 374 U.S. 398 (1963) and Wisconsin v. Yoder, 406 U.S. 205 (1972) and to guarantee its application in all cases where free exercise of religion is burdened; and (2) to provide a claim or defense to persons whose religious exercise is burdened by government. SEC. 3. FREE EXERCISE OF RELIGION PROTECTED. (a) In General.--Government shall not burden a person's exercise of religion even if the burden results from a rule of general applicability, except as provided in subsection (b). (b) Exception.--Government may burden a person's exercise of religion only if it demonstrates that application of the burden to the person-- (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest. (c) Judicial Relief.--A person whose religious exercise has been burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. Standing to assert a claim or defense under this section shall be governed by the general rules of standing under article III of the Constitution. SEC. 4. ATTORNEYS FEES. (a) Judicial Proceedings.--Section 722 of the Revised Statutes (42 U.S.C. 1988) is amended by inserting ``the Religious Freedom Restoration Act of 1993,'' before ``or title VI of the Civil Rights Act of 1964''. (b) Administrative Proceedings.--Section 504(b)(1)(C) of title 5, United States Code, is amended-- (1) by striking ``and'' at the end of clause (ii); (2) by striking the semicolon at the end of clause (iii) and inserting ``, and''; and (3) by inserting ``(iv) the Religious Freedom Restoration Act of 1993;'' after clause (iii). SEC. 5. DEFINITIONS. As used in this Act-- (1) the term ``government'' includes a branch, department, agency, instrumentality, and official (or other person acting under color of law) of the United States, a State, or a subdivision of a State; (2) the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of the United States; (3) the term ``demonstrates'' means meets the burdens of going forward with the evidence and of persuasion; and (4) the term ``exercise of religion'' means the exercise of religion under the First Amendment to the Constitution. SEC. 6. APPLICABILITY. (a) In General.--This Act applies to all Federal and State law, and the implementation of that law, whether statutory or otherwise, and whether adopted before or after the enactment of this Act. (b) Rule of Construction.--Federal statutory law adopted after the date of the enactment of this Act is subject to this Act unless such law explicitly excludes such application by reference to this Act. (c) Religious Belief Unaffected.--Nothing in this Act shall be construed to authorize any government to burden any religious belief. SEC. 7. ESTABLISHMENT CLAUSE UNAFFECTED. Nothing in this Act shall be construed to affect, interpret, or in any way address that portion of the First Amendment prohibiting laws respecting the establishment of religion (referred to in this section as the ``Establishment Clause''). Granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, shall not constitute a violation of this Act. As used in this section, the term ``granting'', used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions.

Religious Freedom Restoration Act of 1993 - Prohibits any agency, department, or official of the United States or any State (the government) from substantially burdening a person's exercise of religion even if the burden results from a rule of general applicability, except that the government may burden a person's exercise of religion only if it demonstrates that application of the burden to the person: (1) furthers a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest. Sets forth provisions pertaining to judicial relief, attorney's fees, and applicability. Declares that: (1) nothing in this Act shall be construed to interpret the clause of the First Amendment to the Constitution prohibiting the establishment of religion; (2) the granting of government funding, benefits, or exemptions, to the extent permissible under that clause, shall not constitute a violation of this Act; and (3) as used in this Act, "granting" does not include the denial of government funding, benefits, or exemptions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``America's Agricultural Heritage Partnership Act of 1996''. SEC 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the city of Waterloo, Iowa, and northeast Iowa, possess many important elements of the nationally significant story of American agriculture, including Native American agriculture, agricultural mechanization, seed hybridization, farm cooperative movements, rural electrification, farm-to-market systems, rural-to-urban migration, veterinary practice, food processing and preservation, national farm organizations, international hunger relief, and the development of national and international agribusiness; (2) these resources offer outstanding and unique opportunities to acknowledge and appreciate the development of American agriculture; (3) the National Park Service has determined that-- (A) the story of American agriculture is nationally significant; (B) northeast Iowa is an ideal place to tell the story; and (C) the story could be divided into 4 principal topics for interpretation consisting of-- (i) the amazing science of agriculture; (ii) agriculture as a way of life; (iii) organizing for survival; and (iv) crops from field to table; (4) the responsibility for interpreting, retaining, enhancing, and promoting the resources, values, and amenities of Waterloo, Iowa, and northeast Iowa resides with volunteer associations, private businesses, political subdivisions of the State, and the State; and (5) despite the efforts by volunteer associations, private businesses, political subdivisions of the State, and the State, the cultural and historical resources of the area have not realized full potential and may be lost without assistance from the Federal Government. (b) Purposes.--The purposes of this Act are-- (1) to interpret, retain, enhance, and promote the unique and significant contributions to national and international agriculture of certain natural, historical, and cultural resources within Waterloo, Iowa, and northeast Iowa; (2) to provide a partnership management framework to assist volunteer associations, private businesses, political subdivisions of the State, and the State in developing and implementing Plan policies and programs that will assist in the interpretation, retention, enhancement, and promotion of the cultural, natural, and recreational resources of northeast Iowa; (3) to allow for local, State, and Federal contributions through limited grants and technical assistance to create America's Agricultural Heritage Partnership through cooperative agreements among volunteer associations, private businesses, political subdivisions of the State, the State, and residents of the area; and (4) to provide for an economically self-sustaining Partnership for the educational and inspirational benefit of current and future generations concerning the story of American agriculture. SEC. 3. DEFINITIONS. In this Act: (1) Activity.--The term ``activity'' means an activity described in section 4(b). (2) Management entity.--The term ``management entity'' means the management entity established under section 5(a). (3) Partnership.--The term ``Partnership'' means the America's Agricultural Heritage Partnership established under section 4(a). (4) Plan.--The term ``Plan'' means the Partnership Management Plan established under section 6(a). (5) Political subdivision.--The term ``political subdivision'' means a political subdivision of the State (including a county, city, or town), any part of which is located in or adjacent to the area in which the activities of the Partnership are carried out. (6) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (7) State.--The term ``State'' means the State of Iowa. SEC. 4. AMERICA'S AGRICULTURAL HERITAGE PARTNERSHIP. (a) Establishment.--On publication by the Secretary in the Federal Register of notice that a Plan has been approved by the Secretary, there is established in the State the America's Agricultural Heritage Partnership to carry out this Act. (b) Activities.--The Partnership shall carry out such activities as the Partnership determines are necesary to carry out this Act, except that the activities shall be carried out only in the counties of northeast Iowa that are generally depicted in Alternatives 2 and 3 of the Special Resource Study, Cedar Valley, Iowa, of the National Park Service conducted during 1995. (c) Participation.-- (1) In general.--Nothing in this Act requires any owner of private property located in an area in which the Partnership's activities are carried out, or resident in the area, to participate in or be associated with the Partnership or the Partnership's activities. (2) Removal of property.--On providing written notice to the Secretary, an owner of private property may remove the property from participation in, or association with, the Partnership or the Partnership's activities. (d) Grants, Technical Assistance, and Cooperative Agreements.-- (1) Grants and technical assistance.--The Secretary may provide the Federal share specified in section 9(b) of the cost of making grants and providing technical assistance to the Partnership to carry out this Act. (2) Cooperative agreements.--The Secretary may enter into a cooperative agreement with a private entity, the State, a political subdivision of the State, a Federal agency, the Partnership, or the management entity to carry out this Act. SEC. 5. MANAGEMENT ENTITY. (a) Establishment.--Subject to the approval of the Secretary, there is established a management entity for the Partnership that shall be based on Management Option 5 of the Special Resource Study, Cedar Valley, Iowa, of the National Park Service conducted during 1995. (b) Plan.--Subject to subsection (a), the structure and operation of the management entity shall be established in the Plan. (c) Composition.--The management entity may include individuals affiliated with-- (1) the American Association of Museums; (2) the American Farm Bureau; (3) the American Farmland Trust; (4) the Effigy Mounds National Monument and the Herbert Hoover National Historic Site; (5) the Iowa Department of Agriculture and Land Stewardship; (6) the Iowa Department of Corrections; (7) the Iowa Department of Cultural Affairs; (8) the Iowa Department of Economic Development; (9) the National Trust for Historic Preservation; (10) the Smithsonian Institution; (11) the State Historic Preservation Office of the State; (12) the United States Department of Agriculture; (13) the United States Department of Transportation; and (14) the America's Agricultural/Industrial Heritage Landscape, Inc. SEC. 6. PARTNERSHIP MANAGEMENT PLAN. (a) Preparation.--Not later than 1 year after the date of enactment of this Act, the Partnership shall submit a Partnership Management Plan to the Secretary for approval. (b) Assistance.--The Secretary may provide the Federal share specified in section 9(b) of the cost of providing technical assistance to the Partnership for the preparation of the Plan. SEC. 7. PRIVATE PROPERTY PROTECTION. (a) In General.--Nothing in this Act-- (1) modifies, enlarges, or diminishes the authority of a Federal, State, or local government agency to regulate any use of private property; (2) requires any private property owner to permit public access (or Federal, State, or local government access) to private property; (3) modifies or affects any provision of Federal, State, or local law with regard to public access to or use of private property; or (4) creates any liability, or has any effect on any liability (under any other law), of any private property owner with respect to any person injured on private property. (b) Land Use.--Nothing in this Act-- (1) grants a power of zoning, land use, or condemnation to the Partnership, the management entity, the Secretary, or any other Federal, State, or local government agency; or (2) modifies any authority of a Federal, State, or local government agency to regulate land use. SEC. 8. RELATIONSHIP TO OTHER AUTHORITY. (a) In General.--Nothing in this Act imposes any environmental, occupational, safety, or other rule, regulation, standard, or permit process that is different from those that would be applicable had the Partnership or management entity not been established. (b) Water and Water Rights.--Nothing in this Act authorizes or implies the reservation or appropriation of water or water rights. (c) Fish and Wildlife.--Nothing in this Act diminishes the authority of the State in the management of fish and wildlife, including the regulation of fishing and hunting. SEC. 9. AUTHORIZATION OF APPROPRIATIONS; FEDERAL SHARE. (a) In General.--There is authorized to be appropriated to carry out this Act $400,000 for each fiscal year. (b) Federal Share.--The Federal share of providing grants and technical assistance under this Act shall be 50 percent.

America's Agricultural Heritage Partnership Act of 1996 - Establishes in Iowa the America's Agricultural Heritage Partnership to promote the story of American agriculture, centered upon the area of Waterloo and northeast Iowa. Authorizes the Secretary of Agriculture to provide grants and technical assistance to the Partnership, and to enter into related cooperative agreements with private and governmental entities. Establishes a Partnership management entity and requires the development of a management plan. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Water Restoration Act of 2007''. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) To reaffirm the original intent of Congress in enacting the Federal Water Pollution Control Act Amendments of 1972 (86 Stat. 816) to restore and maintain the chemical, physical, and biological integrity of the waters of the United States. (2) To clearly define the waters of the United States that are subject to the Federal Water Pollution Control Act (commonly known as the ``Clean Water Act''). (3) To provide protection to the waters of the United States to the fullest extent of the legislative authority of Congress under the Constitution. SEC. 3. FINDINGS. Congress finds the following: (1) Water is a unique and precious resource that is necessary to sustain human life and the life of animals and plants. (2) Water is used not only for human, animal, and plant consumption, but is also important for agriculture, transportation, flood control, energy production, recreation, fishing and shellfishing, and municipal and commercial uses. (3) Through prior enactments, Congress established the national objective of restoring and maintaining the chemical, physical, and biological integrity of the waters of the United States and recognized that achieving this objective requires uniform, minimum national water quality and aquatic ecosystem protection standards to restore and maintain the natural structures and functions of the aquatic ecosystems of the United States. Since the 1970s, the definitions of ``waters of the United States'' in the U.S. Environmental Protection Agency's and the U.S. Army Corps of Engineers' regulations have properly established the scope of waters needed to be protected by the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) in order to meet the national objective. (4) Water is transported through interconnected hydrologic cycles, and the pollution, impairment, or destruction of any part of an aquatic system may affect the chemical, physical, and biological integrity of other parts of the aquatic system. (5) Protection of intrastate waters is necessary to restore and maintain the chemical, physical, and biological integrity of all waters in the United States. (6) The regulation of discharges of pollutants into intrastate waters is an integral part of the comprehensive clean water regulatory program of the United States. (7) Small and intermittent streams, including ephemeral and seasonal streams, comprise the majority of all stream miles in the United States and serve critical biological and hydrological functions that affect entire watersheds. These waters reduce the introduction of pollutants to large streams and rivers, provide and purify drinking water supplies, and are especially important to the life cycles of aquatic organisms and the flow of higher order streams during floods. (8) The pollution or other degradation of waters of the United States, individually and in the aggregate, has a substantial relation to and effect on interstate commerce. (9) Protection of intrastate waters is necessary to prevent significant harm to interstate commerce and sustain a robust system of interstate commerce in the future. (10) Waters, including streams and wetlands, provide protection from flooding. Draining or filling intrastate wetlands and channelizing or filling intrastate streams can cause or exacerbate flooding that causes billions of dollars of damages annually, placing a significant burden on interstate commerce. (11) Millions of people in the United States depend on streams, wetlands, and other waters of the United States to filter water and recharge surface and subsurface drinking water supplies, protect human health, and create economic opportunity. Source water protection areas containing small or intermittent streams provide water to public drinking water supplies serving more than 110 million Americans. (12) Millions of people in the United States enjoy recreational activities that depend on intrastate waters, such as waterfowl hunting, bird watching, fishing, and photography, and those activities and associated travel generate hundreds of billions of dollars of income each year for the travel, tourism, recreation, and sporting sectors of the economy of the United States. (13) Activities that result in the discharge of pollutants into waters of the United States are commercial or economic in nature. More than 14,000 facilities with individual permits issued in accordance with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), including industrial plants and municipal sewage treatment systems, discharge into small or intermittent streams. (14) States have the responsibility and right to prevent, reduce, and eliminate pollution of waters, and the Federal Water Pollution Control Act respects the rights and responsibilities of States by preserving for States the ability to manage permitting, grant, and research programs to prevent, reduce, and eliminate pollution, and to establish standards and programs more protective of a State's waters than is provided under Federal standards and programs. (15) Protecting the quality of and regulating activities affecting the waters of the United States is a necessary and proper means of implementing treaties to which the United States is a party, including treaties protecting species of fish, birds, and wildlife. (16) Protecting the quality of and regulating activities affecting the waters of the United States is a necessary and proper means of protecting Federal land, including hundreds of millions of acres of parkland, refuge land, and other land under Federal ownership and the wide array of waters encompassed by that land. (17) Protecting the quality of and regulating activities affecting the waters of the United States is necessary to protect Federal land and waters from discharges of pollutants and other forms of degradation. SEC. 4. DEFINITION OF WATERS OF THE UNITED STATES. Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended-- (1) by striking paragraph (7); (2) by redesignating paragraphs (8) through (24) as paragraphs (7) through (23), respectively; and (3) by adding at the end the following: ``(24) Waters of the united states.--The term `waters of the United States' means all waters subject to the ebb and flow of the tide, the territorial seas, and all interstate and intrastate waters and their tributaries, including lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, natural ponds, and all impoundments of the foregoing, to the fullest extent that these waters, or activities affecting these waters, are subject to the legislative power of Congress under the Constitution.''. SEC. 5. CONFORMING AMENDMENTS. The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended-- (1) by striking ``navigable waters of the United States'' each place it appears and inserting ``waters of the United States''; (2) in section 304(l)(1) by striking ``navigable waters'' in the heading and inserting ``waters of the united states''; and (3) by striking ``navigable waters'' each place it appears and inserting ``waters of the United States''. SEC. 6. SAVINGS CLAUSE. Nothing in this Act shall be construed as affecting the authority of the Administrator of the Environmental Protection Agency or the Secretary of the Army under the following provisions of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.): (1) Section 402(l)(1), relating to discharges composed entirely of return flows from irrigated agriculture. (2) Section 402(l)(2), relating to discharges of stormwater runoff from certain oil, gas, and mining operations composed entirely of flows from precipitation runoff conveyances, which are not contaminated by or in contact with specified materials. (3) Section 404(f)(1)(A), relating to discharges of dredged or fill materials from normal farming, silviculture, and ranching activities. (4) Section 404(f)(1)(B), relating to discharges of dredged or fill materials for the purpose of maintenance of currently serviceable structures. (5) Section 404(f)(1)(C), relating to discharges of dredged or fill materials for the purpose of construction or maintenance of farm or stock ponds or irrigation ditches and maintenance of drainage ditches. (6) Section 404(f)(1)(D), relating to discharges of dredged or fill materials for the purpose of construction of temporary sedimentation basins on construction sites, which do not include placement of fill material into the waters of the United States. (7) Section 404(f)(1)(E), relating to discharges of dredged or fill materials for the purpose of construction or maintenance of farm roads or forest roads or temporary roads for moving mining equipment in accordance with best management practices. (8) Section 404(f)(1)(F), relating to discharges of dredged or fill materials resulting from activities with respect to which a State has an approved program under section 208(b)(4) of such Act meeting the requirements of subparagraphs (B) and (C) of that section.

Clean Water Restoration Act of 2007 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to replace the term "navigable waters," throughout the Act, with the term "waters of the United States," defined to mean all waters subject to the ebb and flow of the tide, the territorial seas, and all interstate and intrastate waters and their tributaries, including lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, natural ponds, and all impoundments of the foregoing, to the fullest extent that these waters, or activities affecting them, are subject to the legislative power of Congress under the Constitution. Declares that nothing in such Act shall be construed as affecting the authority of the Secretary of the Army or the Administrator of the Environmental Protection Agency (EPA) under the provisions of the Federal Water Pollution Control Act related to discharges: (1) composed entirely of return flows from irrigated agriculture; (2) of stormwater runoff from certain oil, gas, and mining operations composed entirely of flows from precipitation runoff conveyances, which are not contaminated by or in contact with specified materials; or (3) of dredged or fill materials resulting from normal farming, silviculture, and ranching activities or from activities with respect to which a state has an approved program, or for the purposes of maintenance of currently serviceable structures, construction or maintenance of farm or stock ponds, irrigation ditches and maintenance of drainage ditches, or farm, forest, or temporary roads for moving mining equipment in accordance with best management practices, or construction of temporary sedimentation basins on construction sites for which discharges do not include placement of fill material into the waters of the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Performance Management and Recognition System Termination Act''. SEC. 2. TEMPORARY EXTENSION. Effective as of September 30, 1993, section 5410 of title 5, United States Code, is amended by striking ``September 30, 1993'' and inserting ``October 31, 1993''. SEC. 3. TERMINATION PROVISIONS. (a) In General.-- (1) Repeal.--Chapter 54 of title 5, United States Code, is repealed. (2) Analysis.--The analysis for part III of title 5, United States Code, is amended by striking the item relating to chapter 54. (b) Technical and Conforming Amendments.-- (1) Title 5, united states code.--Title 5, United States Code, is amended-- (A) in section 3372(d) by striking ``additional step- increases, merit pay, and cash awards, as defined in chapters 53 and 54'' and inserting ``and additional step-increases, as defined in chapter 53''; (B)(i) by striking section 4302a; and (ii) in the analysis for chapter 43 by striking the item relating to section 4302a; (C) by amending subparagraph (A) of section 4501(2) to read as follows: ``(A) an employee as defined by section 2105; and''; (D) in section 4502(e) by striking paragraph (1) and by striking ``(2)''; (E) in section 5302-- (i) in paragraph (8)-- (I) in subparagraph (A) by inserting ``and'' after the semicolon; and (II) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B); and (ii) in paragraph (9) by striking ``applies (including any position under the performance management and recognition system).'' and inserting ``applies.''; (F) in section 5332(a)(1) by striking ``, except an employee covered by the performance management and recognition system established under chapter 54,''; (G) in section 5334-- (i) in subsection (c)(2) by striking ``step,'' and all that follows through ``any dollar amount,'' and inserting ``step''; and (ii) by striking subsection (f) and redesignating subsection (g) as subsection (f); (H) in section 5335-- (i) in subsection (e) by striking ``covered by the performance management and recognition system established under chapter 54 of this title, or,''; and (ii) by striking subsection (f) and redesignating subsection (g) as subsection (f); (I) in section 5336(c) by striking ``covered by the performance management and recognition system established under chapter 54 of this title, or,''; (J) in section 5361(5) by striking all that follows ``of this chapter,'' and inserting ``or a special occupational pay system under subchapter IX;''; (K) in section 5362(c)-- (i) in the matter before paragraph (1) by striking ``chapters 54 and 55 of this title, retirement and life insurance under chapters 83 and 87'' and inserting ``chapter 55 of this title, retirement and life insurance under chapters 83, 84, and 87''; (ii) by inserting ``or'' at the end of paragraph (2); and (iii) by striking paragraph (3) and redesignating paragraph (4) as paragraph (3); (L) in section 5363(c)(2) by striking ``chapter 51, 53, or 54'' and inserting ``chapter 51 or 53''; (M) in section 5948(g)(1) by striking subparagraph (C) and redesignating subparagraphs (D) through (L) as subparagraphs (C) through (K), respectively; and (N) in section 8473(b)(8) by striking ``individuals subject to the Performance Management and Recognition System under chapter 54 of this title;'' and inserting ``supervisors and management officials (as defined by section 7103(a));''. (2) FEPCA.--Section 302(b)(1) of the Federal Employees Pay Comparability Act of 1990 (5 U.S.C. 5304 note) is amended by striking ``(including an employee covered by the performance management and recognition system)''. (3) Title 10, united states code.--Title 10, United States Code, is amended-- (A) in section 1602 by inserting ``, as in effect on October 31, 1993'' after ``section 5401 of title 5''; (B) in section 1732(b)(1)(A) by striking ``Schedule (including any employee covered by chapter 54 of title 5).'' and inserting ``Schedule.''; and (C) in section 1733(b)(1)(A)(i) by striking ``Schedule (including an employee covered by chapter 54 of title 5),'' and inserting ``Schedule,''. (4) Title 31, united states code.--Section 731(b) of title 31, United States Code, is amended by inserting ``, as in effect on October 31, 1993'' after ``section 5401 of title 5''. (c) Effective Date.--The amendments made by this section shall take effect as of November 1, 1993. SEC. 4. TREATMENT OF EMPLOYEES COVERED BY THE SYSTEM AS OF ITS TERMINATION DATE. (a) Definitions.--For purposes of this section-- (1) the term ``employee'' means an individual employed by an agency (within the meaning of section 7103(a)(3) of title 5, United States Code); (2) the term ``performance management and recognition system'' means the performance management and recognition system under chapter 54 of title 5, United States Code; (3) the term ``basic pay'' does not include any amount payable under section 302 or title IV of FEPCA or section 5304 or 5304a of title 5, United States Code; (4) the term ``pay rate'', as used in clauses (iii) through (v) of subsection (c)(2)(B), is used in the same way as such term is used under section 5335(a) of title 5, United States Code; and (5) the term ``FEPCA'' means the Federal Employees Pay Comparability Act of 1990 (contained in the Treasury, Postal Service and General Government Appropriations Act, 1991 (Public Law 101-509; 104 Stat. 1427)). (b) Applicability.--Notwithstanding section 5332(a)(1) of title 5, United States Code (as amended by section 3(b)(1)(F)), or any other provision of law, the rate of basic pay for an employee covered by the performance management and recognition system on OctoPber 31, 1993, shall be determined in accordance with this section so long as such employee continues, without a break in service of more than 3 days, to occupy any position-- (1) which is in the same grade of the General Schedule, and the same agency, as the position which such employee occupied on October 31, 1993; and (2) to which the provisions of chapter 54 of title 5, United States Code (as in effect on October 31, 1993) would apply if such provisions had remained in effect. (c) Special Rules.-- (1) In general.--The rate of basic pay for an employee who is subject to this section shall be the rate payable to such employee on October 31, 1993, subject to paragraph (2). (2) Adjustments.--Adjustments in the rate of basic pay for an employee who is subject to this section shall be made in accordance with the relevant provisions of title 5, United States Code, or otherwise applicable provisions of law, subject to the following: (A) Deem rates and positions to be under the general schedule.--For purposes of applying subchapters I and III of chapter 53 of such title (and the provisions of section 302 and title IV of FEPCA with respect to any payment under any of those provisions)-- (i) the rate of basic pay determined under this section for an employee shall be treated as a rate of basic pay described in section 5302(8) of such title; (ii) the position then currently occupied by an employee who is subject to this section shall be deemed to be a ``General Schedule position'' within the meaning of section 5302(9) of such title; and (iii) any employee who is subject to this section shall be considered to be a ``General Schedule employee'' (as referred to in section 302(b) of FEPCA). (B) Special rules relating to provisions governing step- increases.--For purposes of applying the provisions of sections 5335 and 5336 of title 5, United States Code, with respect to any employee who is subject to this section-- (i) any reference in such provisions to a ``step- increase'' shall be considered to mean an increase equal to one-ninth of the difference between the minimum and maximum rates of pay for the applicable grade of the General Schedule; (ii) any reference in such provisions to the ``next higher rate within the grade'' shall be considered to mean the rate of basic pay which exceeds such employee's then current rate of basic pay by the amount of a step-increase; (iii) if the employee's rate of basic pay is less than the rate for pay rate 4 of the applicable grade, such employee's rate of basic pay shall be governed by paragraph (1) of section 5335(a) of such title; (iv) if the employee's rate of basic pay is equal to or greater than the rate for pay rate 4 but less than the rate for pay rate 7 of the applicable grade, such employee's rate of basic pay shall be governed by paragraph (2) of section 5335(a) of such title; and (v) if the employee's rate of basic pay is equal to or greater than the rate for pay rate 7 but less than the maximum rate of the applicable grade, such employee's rate of basic pay shall be governed by paragraph (3) of section 5335(a) of such title. No rate of basic pay for an employee may be increased, as a result of this subparagraph (or any provision of law to which any clause of this subparagraph relates), if or to the extent that the resulting rate would exceed the maximum rate for the grade of the position occupied by such employee. (d) Regulations.--The Office of Personnel Management shall prescribe any regulations which may be necessary for the administration of this section. SEC. 5. MISCELLANEOUS PROVISIONS. (a) Coordination Rule.--Notwithstanding the amendment made by section 3(b)(1)(H)(ii), an increase in pay granted under section 5404 of title 5, United States Code, before November 1, 1993, shall be deemed to be an equivalent increase in pay within the meaning of section 5335(a) of such title. (b) Performance Awards.--Notwithstanding section 2, for purposes of applying section 5406 of title 5, United States Code, the amount under subsection (c)(1)(A)(ii) of such section 5406 with respect to awards for work performed during fiscal year 1994 shall, for each agency subject to such section 5406, be deemed to be zero. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Performance Management and Recognition System Termination Act - Amends Federal law to: (1) postpone by one month the termination of the performance management and recognition system; and (2) provide for the treatment of the employees covered by the system as of its termination date.

SECTION 1. SHORT TITLE. This Act may be cited as the ``HOME Investment Partnerships Act Amendments of 1994''. SEC. 2. PARTICIPATION BY STATE AGENCIES OR INSTRUMENTALITIES. Section 104(2) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704(2)) is amended by inserting before the period at the end the following: ``, or any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive to act on behalf of the State with regard to the provisions of this Act''. SEC. 3. SIMPLIFICATION OF PROGRAM-WIDE INCOME TARGETING FOR RENTAL HOUSING. Section 214(1) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12744(1)) is amended-- (1) in subparagraph (A)-- (A) by striking ``such funds are invested with respect to dwelling units that are occupied by'' and inserting ``(i) the families receiving such rental assistance are''; and (B) by striking ``, and'' and inserting ``or (ii) the dwelling units assisted with such funds are occupied by families having such incomes; and''; and (2) in subparagraph (B)-- (A) by striking ``such funds are invested with respect to dwelling units that are occupied by'' and inserting ``(i) the families receiving such rental assistance are''; and (B) by inserting before the semicolon at the end the following: ``, or (ii) the dwelling units assisted with such funds are occupied by such households''. SEC. 4. CHANGES RELATING TO HOMEOWNERSHIP UNITS. (a) Removal of First-Time Homebuyer Requirement.--Section 215(b) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12745(b)) is amended-- (1) by striking paragraph (3); and (2) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (b) Simplification of Resale Provisions.--Section 215(b)(4)(B) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12745(b)(4)(B)), as redesignated by subsection (a) of this section, is amended by striking ``subsection'' and inserting ``title''. SEC. 5. STABILIZATION OF FUNDING THRESHOLDS. The Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et seq.) is amended-- (1) in section 216, by striking paragraph (10); (2) in section 217(b), by striking paragraph (4); (3) in section 217(b)(3)-- (A) in the first sentence, by striking ``only those jurisdictions'' and all that follows through ``allocation'' and inserting ``jurisdictions that are not participating jurisdictions that are allocated an amount of $500,000 or more and jurisdictions that are participating jurisdictions shall receive an allocation''; and (B) in the last sentence, by striking ``, except as provided in paragraph (4)''; and (4) in section 216-- (A) in paragraph (3)(A), by striking ``Except as provided in paragraph (10), a jurisdiction'' and inserting ``A jurisdiction''; and (B) in paragraph (9)(B), by striking ``, except as provided in paragraph (10)''. SEC. 6. COMPREHENSIVE AFFORDABLE HOUSING STRATEGY. (a) HOME Program.--Section 218(d) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12748(d)) is amended in the first sentence, by inserting ``that it is complying with a current housing affordability strategy that has been approved by the Secretary in accordance with section 105, and'' after ``certification''. (b) Homeless Housing Assistance Programs.--Section 401 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11361) is amended to read as follows: ``SEC. 401. HOUSING AFFORDABILITY STRATEGY. ``(a) Requirement To Comply With CHAS.--Assistance may be made available under subtitle B to metropolitan cities, urban counties, and States receiving a formula amount under section 413, only if the jurisdiction certifies that it is complying with a current housing affordability strategy that has been approved by the Secretary in accordance with section 105 of the Cranston-Gonzalez National Affordable Housing Act. ``(b) Requirement for Consistency With CHAS.--Assistance may be made available under this title only if the application for such assistance contains a certification that the proposed project or activities are consistent with the housing affordability strategy of the State or unit of general local government in which the project is located. The certification shall be made by the public official responsible for submitting the strategy for the jurisdiction.''. (c) Conforming Amendments.--Title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11361 et seq.) is amended-- (1) in section 426(a)(2)-- (A) in subparagraph (E), by inserting ``and'' after the semicolon at the end; (B) by striking subparagraph (F); and (C) by redesignating subparagraph (G) as subparagraph (F); (2) in section 434(a)-- (A) by striking paragraph (10); and (B) by redesignating paragraphs (11), (12), and (13) as paragraphs (10), (11), and (12), respectively; and (3) in section 454(b)-- (A) by striking paragraph (9); and (B) by redesignating paragraphs (10), (11), and (12) as paragraphs (9), (10), and (11), respectively. SEC. 7. MATCHING REQUIREMENTS. Section 220(a) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12750(a)) is amended to read as follows: ``(a) Contribution.--Each participating jurisdiction shall make contributions to housing that qualifies as affordable housing under this title that total, throughout a fiscal year, not less than 25 percent of the funds drawn from the jurisdiction's HOME Investment Trust Fund in such fiscal year. Such contributions shall be in addition to any amounts made available under section 216(3)(A)(ii).''. SEC. 8. SEPARATE AUDIT REQUIREMENT. Section 283 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12833) is amended-- (1) by striking the section designation and heading and inserting the following: ``SEC. 283. AUDITS BY COMPTROLLER GENERAL.''; (2) by striking subsection (a); (3) in subsection (b)-- (A) by striking ``(b) Audits by the Comptroller General.--''; (B) by redesignating paragraphs (1) and (2) as subsections (a) and (b), respectively; and (C) by moving subsections (a) and (b), as redesignated by subparagraph (B), 2 ems to the left so that such subsections are flush with the left margin; and (4) in subsection (a), as redesignated by paragraph (3)(B), by striking the second sentence. SEC. 9. ENVIRONMENTAL REVIEW. Section 288 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12838) is amended-- (1) in subsection (a)-- (A) in the first sentence, by striking ``participating jurisdictions'' and inserting ``jurisdictions, Indian tribes, or insular areas''; and (B) by adding at the end the following new sentences: ``The regulations shall-- ``(1) provide for the monitoring of environmental reviews performed under this section; ``(2) at the discretion of the Secretary, facilitate training for the performance of such reviews; and ``(3) establish criteria for the suspension or termination of the assumption under this section. The Secretary's duty under this subsection shall not be construed to limit any responsibility assumed by a State or unit of general local government with respect to any particular release of funds.''; (2) in the first sentence of subsection (b), by striking ``participating jurisdiction'' and inserting ``jurisdiction, Indian tribe, or insular area''; (3) in subsection (c)(4)(B), by striking ``participating jurisdiction'' and inserting ``jurisdiction, Indian tribe, or insular area''; and (4) in subsection (d), by striking ``Assistance to a State.--In the case of assistance to States'' and inserting the following: ``Assistance to Units of General Local Government From a State.--In the case of assistance to units of general local government from a State''. SEC. 10. USE OF CDBG FUNDS FOR HOME PROGRAM EXPENSES. (a) Administrative Expenses.--Section 105(a)(13) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(13)) is amended by inserting after ``charges related to'' the following: ``(A) administering the HOME program under title II of the Cranston-Gonzalez National Affordable Housing Act; and (B)''. (b) Project Delivery Costs.--Section 105(a)(21) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(21)) is amended-- (1) by inserting ``in connection with tenant-based rental assistance and affordable housing projects assisted under title II of the Cranston-Gonzalez National Affordable Housing Act'' after ``housing counseling''; and (2) by striking ``authorized'' and all that follows through ``any law'' and inserting ``assisted under title II of the Cranston-Gonzalez National Affordable Housing Act''. SEC. 11. MATCHING REQUIREMENT UNDER HOPE III PROGRAM. Section 443(c)(1) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12893(c)(1)) is amended by striking ``33 percent'' and inserting ``25 percent''. SEC. 12. FLEXIBILITY OF CDBG PROGRAM FOR DISASTER AREAS. Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) is amended by adding at the end the following new section: ``SEC. 122. SUSPENSION OF REQUIREMENTS FOR DISASTER AREAS. ``For the duration that the declaration of an area as a disaster area by the President under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act is in effect, the Secretary may suspend any or all requirements for assistance under section 106 for such area, except for the requirements related to public notice of funding availability, nondiscrimination, fair housing, labor standards, and environmental standards, and requirements that activities benefit persons of low- and moderate-income.''.

HOME Investment Partnerships Act Amendments of 1994 - Amends the Cranston - Gonzalez National Affordable Housing Act to provide for State agency participation in the HOME investment partnership program (program). Eliminates the program's first-time homebuyer requirement. Requires HOME investment trust funds and specified homeless assistance programs to comply with current housing affordability strategy. Revises program matching requirements. Eliminates the program's independent audit requirement and revises environmental review provisions. Amends the Housing and Community Development Act of 1974 to: (1) permit the use of community development block grant (CDBG) funds for program administrative costs; and (2) suspend certain CDBG requirements for disaster areas. Amends the Cranston-Gonzalez National Affordable Housing Act to reduce matching grant requirements under the HOPE for homeownership of single family homes program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Serving our Rural Veterans Act of 2016''. SEC. 2. AUTHORIZATION OF PAYMENT BY DEPARTMENT OF VETERANS AFFAIRS FOR SERVICE BY RESIDENTS OR INTERNS AT FACILITIES OPERATED BY INDIAN TRIBES, TRIBAL ORGANIZATIONS, AND THE INDIAN HEALTH SERVICE. (a) In General.--Subsection (c) of section 7406 of title 38, United States Code, is amended by striking ``Department facility'' each place it appears and inserting ``covered facility''. (b) Covered Facility Defined.--Such section is amended by adding at the end the following new subsection: ``(d) In this section, the term `covered facility' means-- ``(1) a Department facility; ``(2) a facility operated by an Indian tribe or a tribal organization, as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); or ``(3) a facility operated by the Indian Health Service.''. SEC. 3. PILOT PROGRAM TO CREATE OR EXPAND GRADUATE MEDICAL RESIDENCIES AT FACILITIES OPERATED BY INDIAN TRIBES, TRIBAL ORGANIZATIONS, AND THE INDIAN HEALTH SERVICE IN RURAL AREAS. (a) In General.--The Secretary of Veterans Affairs, in consultation with the Director of the Indian Health Service, shall carry out a pilot program to establish graduate medical education residency training programs at covered facilities. (b) Locations.--The Secretary shall carry out the pilot program at not more than one covered facility in each of Alaska and Montana that has been selected by the Secretary for purposes of the pilot program. (c) Duration.--The Secretary shall implement the pilot program during the eight-year period beginning on the date that is 180 days after the date of the enactment of this Act. (d) Reimbursement of Costs.--The Secretary shall reimburse each covered facility participating in the pilot program for the following costs associated with the pilot program: (1) Curriculum development. (2) Recruitment, training, and retention of residents and faculty. (3) Accreditation of programs of education under the pilot program by the Accreditation Council for Graduate Medical Education (ACGME) or the American Osteopathic Association (AOA). (4) The portion of faculty salaries attributable to activities relating to carrying out the pilot program. (5) Payment for expenses relating to providing medical education under the pilot program in an amount not to exceed-- (A) the amount determined under section 340H of the Public Health Service Act (42 U.S.C. 256h) that would be paid to a covered facility for such expenses if the covered facility were a qualified teaching health center under such section, plus (B) an additional amount to account for the increased costs to the covered facility of providing health care and medical education under the pilot program in rural and remote areas. (e) Period of Obligated Service.-- (1) In general.--The Secretary shall enter into an agreement with each medical resident who participates in the pilot program under which such medical resident agrees to serve a period of two years of obligated service at a covered facility or a facility of the Department of Veterans Affairs for each year in which the medical resident participates in the pilot program under this section. (2) Breach.--A medical resident who participates in the pilot program and fails to satisfy the period of obligated service under paragraph (1) shall be liable to the United States, in lieu of such obligated service, for the amount that has been paid or is payable to or on behalf of the medical resident under the pilot program, reduced by the proportion that the number of days served for completion of the period of obligated service bears to the total number of days in the period of obligated service of such medical resident. (f) Loan Repayment.-- (1) In general.--A medical resident who participates in the pilot program shall be eligible for participation in the Indian Health Service Loan Repayment Program under section 108 of the Indian Health Care Improvement Act (25 U.S.C. 1616a). (2) Authorization of appropriations.-- (A) In general.--There is authorized to be appropriated to the Secretary of Health and Human Services, acting through the Indian Health Service, such sums as may be necessary to cover loan repayments paid under the Indian Health Service Loan Repayment Program to medical residents participating in the pilot program. (B) Supplement not supplant.--Amounts appropriated or otherwise made available for the Indian Health Service Loan Repayment Program pursuant to the authorization of appropriations under subparagraph (A) shall supplement, not supplant, amounts made available to such program under other provisions of law. (g) Report.--Not later than two years before the termination of the pilot program under subsection (c), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the feasibility and advisability of-- (1) expanding the pilot program to additional locations; and (2) making the pilot program or any aspect of the pilot program permanent. (h) Covered Facility Defined.--In this section, the term ``covered facility'' means a facility-- (1) operated by an Indian tribe or a tribal organization (as those terms are defined in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304)), or the Indian Health Service, that has an existing reimbursement agreement with the Department of Veterans Affairs under section 405(c) of the Indian Health Care Improvement Act (25 U.S.C. 1645(c)); and (2) located in a rural or remote area, as determined by the Secretary. (i) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Veterans Affairs $20,000,000 for each year in which the pilot program is carried out.

Serving our Rural Veterans Act of 2016 This bill authorizes payment by the Department of Veterans Affairs (VA) for the costs associated with service by Veterans Health Administration medical residents and interns at facilities operated by Indian tribes, tribal organizations, or the Indian Health Service (covered facilities). The bill requires the VA to carry out a pilot program to establish graduate medical education residency training programs at such facilities that have an existing reimbursement agreement with the VA under the Indian Health Care Improvement Act and that are located in rural or remote areas, including at one facility in each of Alaska and Montana. The VA shall reimburse each covered facility participating in the program for costs of: curriculum development; recruitment, training, and retention of residents and faculty; accreditation of programs of education; faculty salaries; and certain other expenses relating to providing medical education under the program. Each medical resident who participates in the program must agree to two years of obligated service at a covered facility or a VA facility for each year in the program. A program participant who fails to satisfy the period of obligated service shall be liable to the United States for prorated portion of the amount paid for program participation. A medical resident who participates in the program shall be eligible for participation in the Indian Health Service Loan Repayment Program.

SECTION 1. GROW YOUR OWN TEACHER PROGRAM. 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--GROW YOUR OWN TEACHER PROGRAM ``SEC. 2501. GROW YOUR OWN TEACHER PROGRAM. ``(a) In General.--From amounts made available to carry out this part, the Secretary shall carry out a program to make grants, on a competitive basis, to eligible entities, to be used by such entities to train and employ eligible individuals in hard-to-staff schools or hard- to-staff teaching positions in accordance with subsection (c). ``(b) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means a consortium consisting of-- ``(A) a local educational agency that is eligible to receive funds under part A of title I; and ``(B) an institution of higher education that offers a program, accredited by the State, for preparing individuals to fulfill all the requirements for receiving a teaching certificate in the State of the local educational agency described in subparagraph (A). ``(2) Eligible individual.--The term `eligible individual' means an individual-- ``(A) who-- ``(i) received a high school diploma from a local educational agency described in paragraph (1)(A); and ``(ii) is enrolled in a program to receive a teaching certificate in the State of the local educational agency at an institution of higher education described in paragraph (1)(B); and ``(B) is-- ``(i) a high school graduate who graduated not more than 5 years ago; ``(ii) a parent of a current or former student of the local educational agency who has a history of working to improve the local educational agency; or ``(iii) an education support professional in the local educational agency who works with students in an instructional role. ``(3) Veteran teacher.--The term `veteran teacher' means a teacher who has taught in the local educational agency described in paragraph (1)(A) for a period of least 15 years. ``(c) Use of Funds.-- ``(1) In general.--An eligible entity receiving a grant under this section shall use such grant funds to-- ``(A) conduct a training program for eligible individuals to be teachers, which shall include requiring such individuals to observe and work with a veteran teacher in a classroom for at least one year; ``(B) employ such individuals in hard-to-staff schools and hard-to-staff teaching positions in the local educational agency of the eligible entity, with priority given to teaching positions in mathematics, science, special education, world languages, and English as a second language; and ``(C) employ such individuals in a manner that reduces the divergence between the racial diversity of teachers and of students. ``(2) Other authorized activities.--An eligible entity receiving a grant under this section may use any grant funds that remain after carrying out paragraph (1) for the following activities: ``(A) Helping an eligible individual trained under this section to cover the costs of childcare and other indirect expenses that are reasonably required by the individual to participate in the training program. ``(B) Recruiting and counseling eligible individuals, and individuals who are likely to become eligible individuals in the near future (such as students soon to receive a high school diploma from a local educational agency described in subsection (b)(1)(A)), to participate in the training program. ``(C) Providing space in the community of the eligible entity to carry out the activities described in subparagraph (B). ``(D) Offering the training program under this section in community settings and to provide tutoring services to supplement the training. ``(E) Carrying out any other activities consistent with the purposes of this section, as determined by the Secretary. ``(d) Student Loan Forgiveness.-- ``(1) In general.--From the amounts made available to carry out this part, the Secretary is authorized to forgive the student loans incurred by an eligible individual who has completed the training program under this section and has been employed as a teacher in a hard-to-staff school or hard-to- staff teaching position, in an amount not to exceed the total amount of students loans incurred by the individual for participating in the program. ``(2) Amount of loan forgiveness.--The Secretary may forgive-- ``(A) in the case of an eligible individual who has been employed in a hard-to-staff school or hard-to- staff teaching position for at least 5 years, the total amount of the student loans incurred by the student for participating in the training program under this section; or ``(B) in the case of an eligible individual who has been employed in a hard-to-staff school or hard-to- staff teaching position for less than 5 years, an amount that is less than the total amount of the student loans incurred by the student for participating in the training program under this section. ``(3) Student loans.--The term `student loans' means any loans awarded to an eligible individual under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). ``(e) Regulations.--The Secretary is authorized to promulgate any regulations necessary to carry out this section. ``(f) Rule of Construction.--Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or local educational agency employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.''.

Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to establish a Grow Your Own Teacher program making competitive grants to eligible entities to train and employ certain individuals in hard-to-staff schools or teaching positions. Defines an "eligible entity" as a consortium consisting of a local educational agency (LEA) that receives school improvement funds under part A of title I of the Act and an institution of higher education that offers a state-accredited teacher certificate program. Requires the grant to be used to: (1) train certain individuals who received a high school diploma from the LEA participating in the consortium to be teachers, including by having them observe and work with a veteran teacher in a classroom for at least a year; (2) employ such individuals in hard-to-staff schools and teaching positions in such LEA, with priority given to teaching positions in mathematics, science, special education, world languages, and English as a second language; and (3) employ such individuals in a manner that reduces the divergence between the racial diversity of teachers and of students. Authorizes the Secretary to forgive the student loans incurred by training program participants who have been employed as teachers in hard-to-staff schools or teaching positions.

SECTION 1. ADULT RELATIVES WHO MEET RELEVANT STATE CHILD PROTECTION STANDARDS TO BE REGARDED AS THE PREFERRED PLACEMENT OPTION FOR CHILDREN. Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended-- (1) by striking ``and'' at the end of paragraph (16); (2) by striking the period at the end of paragraph (17) and inserting ``; and''; and (3) by adding at the end the following: ``(18) provides that, where appropriate and timely, the adult relatives of a child will be involved in determining a safe and appropriate placement for the child, and that placement with such relatives will be the preferred placement option for the child if such relatives meet all child protection standards of the State.''. SEC. 2. DEMONSTRATION PROJECTS. Part E of title IV of the Social Security Act (42 U.S.C. 670-679) is amended by inserting after section 477 the following: ``SEC. 478. KINSHIP CARE DEMONSTRATION PROJECTS. ``(a) Purpose.--The purpose of this section is to allow and encourage States to develop effective alternatives to foster care for children who might be eligible for foster care but who have adult relatives who can provide safe and appropriate care for the child. ``(b) Demonstration Authority.--The Secretary may authorize any State to conduct a demonstration project designed to determine whether it is feasible to establish kinship care as an alternative to foster care for a child who-- ``(1) has been removed from home as a result of a judicial determination that continuation in the home would be contrary to the welfare of the child; ``(2) would otherwise be placed in foster care; and ``(3) has adult relatives willing to provide safe and appropriate care for the child. ``(c) Kinship Care Defined.--As used in this section, the term `kinship care' means safe and appropriate care (including long-term care) of a child by 1 or more adult relatives of the child who have legal custody of the child, or physical custody of the child pending transfer to the adult relative of legal custody of the child. ``(d) Project Requirements.--In any demonstration project authorized to be conducted under this section, the State-- ``(1) should examine the provision of alternative financial and service supports to families providing kinship care; and ``(2) shall establish such procedures as may be necessary to assure the safety of children who are placed in kinship care. ``(e) Waiver Authority.--The Secretary may waive compliance with any requirement of this part which (if applied) would prevent a State from carrying out a demonstration project under this section or prevent the State from effectively achieving the purpose of such a project, except that the Secretary may not waive-- ``(1) any provision of section 427 (as in effect before April 1, 1996), section 422(b)(9) (as in effect after such date), section 479, or this section; or ``(2) any provision of this part, to the extent that the waiver would impair the entitlement of any qualified child or family to benefits under a State plan approved under this part. ``(f) Payments to States; Cost Neutrality.--In lieu of any payment under section 473 for expenses incurred by a State during a quarter with respect to a demonstration project authorized to be conducted under this section, the Secretary shall pay to the State an amount equal to the total amount that would be paid to the State for the quarter under this part, in the absence of the project, with respect to the children and families participating in the project. ``(g) Use of Funds.--A State may use funds paid under this section for any purpose related to the provision of services and financial support for families participating in a demonstration project under this section. ``(h) Duration of Project.--A demonstration project under this section may be conducted for not more than 5 years. ``(i) Application.--Any State seeking to conduct a demonstration project under this section shall submit to the Secretary an application, in such form as the Secretary may require, which includes-- ``(1) a description of the proposed project, the geographic area in which the proposed project would be conducted, the children or families who would be served by the proposed project, the procedures to be used to assure the safety of such children, and the services which would be provided by the proposed project (which shall provide, where appropriate, for random assignment of children and families to groups served under the project and to control groups); ``(2) a statement of the period during which the proposed project would be conducted, and how, at the termination of the project, the safety and stability of the children and families who participated in the project will be protected; ``(3) a discussion of the benefits that are expected from the proposed project (compared to a continuation of activities under the State plan approved under this part); ``(4) an estimate of the savings to the State of the proposed project; ``(5) a statement of program requirements for which waivers would be needed to permit the proposed project to be conducted; ``(6) a description of the proposed evaluation design; and ``(7) such additional information as the Secretary may require. ``(j) State Evaluations and Reports.--Each State authorized to conduct a demonstration project under this section shall-- ``(1) obtain an evaluation by an independent contractor of the effectiveness of the project, using an evaluation design approved by the Secretary which provides for-- ``(A) comparison of outcomes for children and families (and groups of children and families) under the project, and such outcomes under the State plan approved under this part, for purposes of assessing the effectiveness of the project in achieving program goals; and ``(B) any other information that the Secretary may require; ``(2) obtain an evaluation by an independent contractor of the effectiveness of the State in assuring the safety of the children participating in the project; and ``(3) provide interim and final evaluation reports to the Secretary, at such times and in such manner as the Secretary may require. ``(k) Report to the Congress.--Not later than 4 years after the date of the enactment of this section, the Secretary shall submit to the Congress a report that contains the recommendations of the Secretary for changes in law with respect to kinship care and placements.''.

Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to: (1) provide that, where appropriate and timely, adult relatives will be involved in child foster care placement determinations, and those who meet relevant State child protection standards will be regarded as the preferred placement option for children; and (2) provide for certain State kinship care demonstration projects as alternatives to foster care for certain eligible children.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Protection from Violent Programming Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Television influences children's perception of the values and behavior that are common and acceptable in society. (2) Broadcast television, cable television, and video programming are-- (A) uniquely pervasive presences in the lives of all American children; and (B) readily accessible to all American children. (3) Violent video programming influences children, as does indecent programming. (4) There is empirical evidence that children exposed to violent video programming at a young age have a higher tendency to engage in violent and aggressive behavior later in life than those children not so exposed. (5) There is empirical evidence that children exposed to violent video programming have a greater tendency to assume that acts of violence are acceptable behavior and therefore to imitate such behavior. (6) There is empirical evidence that children exposed to violent video programming have an increased fear of becoming a victim of violence, resulting in increased self-protective behaviors and increased mistrust of others. (7) There is a compelling governmental interest in limiting the negative influences of violent video programming on children. (8) There is a compelling governmental interest in channeling programming with violent content to periods of the day when children are not likely to comprise a substantial portion of the television audience. (9) A significant amount of violent programming that is readily accessible to minors remains unrated specifically for violence and therefore cannot be blocked solely on the basis of its violent content. (10) Age-based ratings that do not include content rating for violence do not allow parents to block programming based solely on violent content thereby rendering ineffective any technology-based blocking mechanism designed to limit violent video programming. (11) The most recent study of the television ratings system by the Kaiser Family Foundation concludes that 79 percent of violent programming is not specifically rated for violence. (12) Technology-based solutions, such as the V-chip, may be helpful in protecting some children, but cannot achieve the compelling governmental interest in protecting all children from violent programming when parents are only able to block programming that has, in fact, been rated for violence. (13) Restricting the hours when violent programming can be shown protects the interests of children whose parents are unavailable, unable to supervise their children's viewing behavior, do not have the benefit of technology-based solutions, are unable to afford the costs of technology-based solutions, or are unable to determine the content of those shows that are only subject to age-based ratings. (14) After further study, pursuant to a rulemaking, the Federal Communications Commission may conclude that content- based ratings and blocking technology do not effectively protect children from the harm of violent video programming. (15) If the Federal Communications Commission reaches the conclusion described in paragraph (14), the channeling of violent video programming will be the least restrictive means of limiting the exposure of children to the harmful influences of violent video programming. SEC. 3. ASSESSMENT OF EFFECTIVENESS OF CURRENT RATING SYSTEM FOR VIOLENCE AND EFFECTIVENESS OF V-CHIP IN BLOCKING VIOLENT PROGRAMMING. (a) Report.--The Federal Communications Commission shall-- (1) assess the effectiveness of measures to require television broadcasters and multichannel video programming distributors (as defined in section 602(13) of the Communications Act of 1934 (47 U.S.C. 522(13)) to rate and encode programming that could be blocked by parents using the V-chip undertaken under section 715 of the Communications Act of 1934 (47 U.S.C. 715) and under subsections (w) and (x) of section 303 of that Act (47 U.S.C. 303(w) and (x)) in accomplishing the purposes for which they were enacted; and (2) report its findings to the Committee on Commerce, Science, and Transportation of the United States Senate and the Committee on Commerce of the United States House of Representatives, within 12 months after the date of enactment of this Act, and annually thereafter. (b) Action.--If the Commission finds at any time, as a result of its ongoing assessment under subsection (a), that the measures referred to in subsection (a)(1) are insufficiently effective, then the Commission shall complete a rulemaking within 270 days after the date on which the Commission makes that finding to prohibit the distribution of violent video programming during the hours when children are reasonably likely to comprise a substantial portion of the audience. (c) Definitions.--Any term used in this section that is defined in section 715 of the Communications Act of 1934 (47 U.S.C. 715), or in regulations under that section, has the same meaning as when used in that section or in those regulations. SEC. 4. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO PROGRAMMING THAT IS NOT SPECIFICALLY RATED FOR VIOLENCE AND THEREFORE IS NOT BLOCKABLE. Title VII of the Communications Act of 1934 (47 U.S.C. 701 et seq.) is amended by adding at the end the following: ``SEC. 715. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO PROGRAMMING NOT SPECIFICALLY BLOCKABLE BY ELECTRONIC MEANS. ``(a) Unlawful Distribution.--It shall be unlawful for any person to distribute to the public any violent video programming not blockable by electronic means specifically on the basis of its violent content during hours when children are reasonably likely to comprise a substantial portion of the audience. ``(b) Rulemaking Proceeding.--The Commission shall conduct a rulemaking proceeding to implement the provisions of this section and shall promulgate final regulations pursuant to that proceeding not later than 9 months after the date of enactment of the Children's Protection from Violent Programming Act. As part of that proceeding, the Commission-- ``(1) may exempt from the prohibition under subsection (a) programming (including news programs and sporting events) whose distribution does not conflict with the objective of protecting children from the negative influences of violent video programming, as that objective is reflected in the findings in section 551(a) of the Telecommunications Act of 1996; ``(2) shall exempt premium and pay-per-view cable programming and premium and pay-per-view direct-to-home satellite programming; and ``(3) shall define the term `hours when children are reasonably likely to comprise a substantial portion of the audience' and the term `violent video programming'. ``(c) Enforcement.-- ``(1) Forfeiture penalty.--The Commission shall impose a forfeiture penalty of not more than $25,000 on any person who violates this section or any regulation promulgated under it for each such violation. For purposes of this paragraph, each day on which such a violation occurs is a separate violation. ``(2) License revocation.--If a person repeatedly violates this section or any regulation promulgated under this section, the Commission shall, after notice and opportunity for hearing, revoke any license issued to that person under this Act. ``(3) License renewals.--The Commission shall consider, among the elements in its review of an application for renewal of a license under this Act, whether the licensee has complied with this section and the regulations promulgated under this section. ``(d) Definitions.--For purposes of this section-- ``(1) Blockable by electronic means.--The term `blockable by electronic means' means blockable by the feature described in section 303(x). ``(2) Distribute.--The term `distribute' means to send, transmit, retransmit, telecast, broadcast, or cablecast, including by wire, microwave, or satellite, but it does not include the transmission, retransmission, or receipt of any voice, data, graphics, or video telecommunications accessed through an interactive computer service as defined in section 230(f)(2) of the Communications Act of 1934 (47 U.S.C. 230(f)(2)), which is not originated or transmitted in the ordinary course of business by a television broadcast station or multichannel video programming distributor as defined in section 602(13) of that Act (47 U.S.C. 522(13)). ``(3) Violent video programming.--The term `violent video programming' as defined by the Commission may include matter that is excessive or gratuitous violence within the meaning of the 1992 Broadcast Standards for the Depiction of Violence in Television Programs, December 1992.''. SEC. 5. FTC STUDY OF MARKETING STRATEGY IMPROVEMENTS. The Federal Trade Commission shall study the marketing of violent content by the motion picture, music recording, and computer and video game industries to children, including the marketing practices improvements described by industry representatives at the hearing held by the Senate Committee on Commerce, Science, and Transportation on September 13, 2000. The Commission shall assess the extent to which these marketing practices have improved under the model of self- regulation as recommended by the Commission in its September, 2000, report, Making Violent Entertainment to Children: A Review of Self Regulation and Industry Practices in the Motion Picture, Music Recording and Electronic Game Industries. The Commission shall report the results of the study, including findings, and recommendations, if any, to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Commerce within 18 months after the date of enactment of this Act. SEC. 6. SEPARABILITY. If any provision of this Act, or any provision of an amendment made by this Act, or the application thereof to particular persons or circumstances, is found to be unconstitutional, the remainder of this Act or that amendment, or the application thereof to other persons or circumstances shall not be affected. SEC. 7. EFFECTIVE DATE. The prohibition contained in section 715 of the Communications Act of 1934 (as added by section 2 of this Act) and the regulations promulgated thereunder shall take effect 1 year after the regulations are adopted by the Commission.

Children's Protection From Violent Programming Act - Directs the Federal Communications Commission (FCC) to assess the effectiveness of measures to require television broadcasters and multichannel video programming distributors to rate and encode programming that could be blocked by parents by use of a V-chip. Authorizes the FCC, if it finds such measures ineffective, to prohibit the distribution of violent video programming during hours when children are reasonably likely to comprise a substantial portion of the audience.Amends the Communications Act of 1934 to make it unlawful for any person to distribute to the public any violent video programming not blockable by electronic means specifically on the basis of its violent content. Provides for exemptions for: (1) programming (including news programs and sporting events) the distribution of which does not conflict with the objective of protecting children from the negative influences of violent video programming; and (2) premium and pay-per-view direct-to-home satellite programming.Directs the FCC to impose a forfeiture penalty for violations and to revoke a broadcasting or distribution license of a repeat violator.Requires the FCC to study and report to specified committees on the marketing to children of violent content by the motion picture, music recording, and computer and video game industries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Response System Initiative Act of 2006'' or the ``CRSI Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Injury remains 1 of the top killers in America, effecting over 2,400,000 children who needlessly die each year. Fifty percent of these lives could have been saved if prompt aid were administered prior to the arrival of emergency medical services. (2) Part of any comprehensive emergency preparedness plan must include educating the public on how to prepare for and react in an emergency situation. (3) The need for citizen-based emergency preparedness training at the community level has never been greater. The Citizen Corps and mayors from across the country agree that educating children in age-appropriate life supporting first aid, including cardiopulmonary resuscitation, the Heimlich maneuver, and blood-borne and biohazardous precautions, is an important component of meeting this need. On June 5, 2006, the United States Conference of Mayors adopted a resolution urging mayors to form a Community Response System Initiative Committee to address this issue. (4) Studies have shown that providing children with life supporting first aid skills training increases their willingness to assist others in a medical emergency by 57 percent. (5) Eighty percent of schools surveyed stated that cardiopulmonary resuscitation training is best provided in a school setting. (6) In 2001, 101,537 Americans died of ``unintentional injury deaths''. (7) In 2003, 479,305 Americans died due to heart attacks, which was 1 of every 5 deaths in the United States overall. (8) In the United States, 1,200,000 new and recurrent coronary attacks occur each year. (9) The National Highway Traffic Safety Administration has concluded that if members of the public learned life supporting first aid, there would be ``significant potential'' for reducing the more than 22,000 preventable highway deaths that occur in the United States each year. SEC. 3. BASIC LIFE SUPPORTING FIRST AID EDUCATION FOR CHILDREN. (a) Definitions.--In this section-- (1) the term ``age-appropriate'' means information, education, and skills suitable for the individual to understand and perform; (2) the term ``appropriate municipal entity'' means an agency of a unit of local government that is an emergency response provider or provides other similar medical services or training, including a fire department, law enforcement agency, hospital, school nurse, or emergency medical services provider; (3) the term ``children'' means individuals under the age of 18 years enrolled in grades kindergarten through 12; (4) the term ``emergency medical professional'' means an individual certified by a State in emergency medical services; (5) the terms ``emergency response provider'' and ``local government'' have the same meaning as in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101); (6) the term ``life supporting first aid'' includes cardiopulmonary resuscitation, the use of an automatic external defibrillator, the Heimlich maneuver, blood-borne and biohazardous precautions, bleed control, and other life- sustaining procedures in the event of an emergency; and (7) the term ``selected organization'' means the organization contracting with the Secretary of Homeland Security under subsection (b). (b) Authority.--The Secretary of Homeland Security, acting through the Chief Medical Officer, shall enter into an agreement with an organization, under which such organization shall provide funds to appropriate municipal entities to provide education and training in life supporting first aid to children, including scene safety procedures. (c) Eligibility.--The selected organization shall-- (1) have experience in, and the sole mission of, training individuals (especially children) to be active bystanders, equipped with life supporting first aid skills to assist during emergencies; (2) recognize that life supporting first aid techniques are essential to maintaining life before the arrival of emergency response providers; (3) use only emergency medical professionals as instructors to teach life supporting first aid techniques to children and adults; (4) work with Federal, State, and local government entities and the private sector to highlight the importance of public emergency preparedness and effective emergency response; (5) have developed and implemented, before the date of entering a contract under subsection (b), a testing component for evaluation, accountability, and data collection; and (6) be an affiliate of the Citizens Corps of the Department of Homeland Security. (d) Use of Funds.-- (1) In general.--Funds provided under this section by the selected organization to an appropriate municipal entity shall be used-- (A) to create age-appropriate educational materials regarding life supporting first aid to be distributed to children; (B) to conduct training and clinical instruction of children in life supporting first aid; and (C) for data collection and statistical analysis. (2) Priority.--In providing funds to appropriate municipal entities under this section, the selected organization shall give priority to emergency medical services, fire departments, law enforcement agencies, hospitals, and school nurses. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $10,000,000 for each of fiscal years 2007 through 2010 to carry out this Act .

Community Response System Initiative Act of 2006 or the CRSI Act - Directs the Secretary of the Department of Homeland Security (DHS), acting through the Chief Medical Officer, to enter into an agreement with an organization which shall provide funds to local governmental agencies that provide emergency response or similar medical services or training for education and training in life supporting first aid to children. Requires the selected organization to give priority to emergency medical services, fire departments, law enforcement agencies, hospitals, and school nurses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helium Privatization Act of 1997''. SEC. 2. AMENDMENT OF HELIUM ACT. 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 Helium Act (50 U.S.C. 167-167n), as amended by the Helium Privatization Act of 1996 (Public Law 104-273). SEC. 3. DISPOSAL OF FACILITIES. Section 4 is amended by-- (1) striking subsection (c); and (2) redesignating subsection (d) as subsection (c). SEC. 4. SALE OF CRUDE HELIUM. Subsection 6(c) is amended by striking ``--'' and all that follows through ``(2)''. SEC. 5. ELIMINATION OF STOCKPILE. Section 8 is amended to read as follows: ``SEC. 8. ELIMINATION OF STOCKPILE. ``(a) Secretary of Defense.-- ``(1) In general.--Half of the helium reserves owned by the United States on the date of the enactment of the Helium Privatization Act of 1997 shall be placed under the authority of the Secretary of Defense, who shall determine and execute the storage, transportation, and use of helium from the reserves. The Federal Government shall forgive any share of debt owed on these reserves. ``(2) Location of reserves.--The Secretary of Defense may maintain the reserves under the authority of the Secretary of Defense at the site on which they are located on the date of enactment of this Act, or transfer the reserves to another site. In a case in which the Secretary of Defense elects to transfer the reserves, the Secretary shall notify the Secretary of the Interior of the transfer not later than the predetermined date agreed to by the Secretary of Defense and Secretary of the Interior. ``(b) Department of the Interior.-- ``(1) In general.--The remaining half of the helium reserves owned by the United States on the date of the enactment of the Helium Privatization Act of 1997 shall remain under the authority of the Secretary of the Interior. ``(2) Disposal of reserves.-- ``(A) Investment administrator.--In order to dispose of the helium reserves under the authority of the Secretary of the Interior, the Secretary of the Interior shall appoint an Investment Administrator to sell-- ``(i) the helium from the helium reserves; and ``(ii) any production, refining, and marketing assets of the reserves, unless the Secretary of Defense determines that such assets are essential to the transportation or storage needs of the Secretary of Defense. The proceeds from any sales shall be paid to the Treasury of the United States. A percentage of the proceeds, as agreed to by the Secretary of the Interior and the Investment Administrator, shall be used to pay the salary of the Investment Administrator. ``(B) Selection criteria for investment administrator.--Any individual interested in the position of Investment Administrator shall, within a time period to be determined by the Secretary of the Interior-- ``(i) submit in writing to the Secretary of the Interior a plan for disposing of the helium reserves under the authority of the Secretary of the Interior (including any unobligated natural gas reserves and real estate at the helium reserves used in helium refinement and production); and ``(ii) make an oral presentation to the Secretary of the Interior on such plan. ``(C) Interim disposal.--The Secretary of the Interior may determine a price in consultation with the helium industry, and sell helium described in paragraph (1) during the period in which an Investment Administrator has not been selected. ``(c) Discovery of Additional Reserves.--The discovery of additional helium reserves shall not affect the duties of the Secretaries to make sales of helium under this section.''. SEC. 6. REPORT ON HELIUM. (a) National Academy of Sciences Report.--Subsection 15(a) is amended by inserting after ``disposal of helium reserves'' the following: ``under the authority of the Secretary of Defense''. (b) Report to Congress.--Subsection 15(b) is amended-- (1) in paragraph (1) by inserting ``and'' after the semicolon; (2) in paragraph (2) by striking ``; and'' and inserting a period; and (3) by striking paragraph (3).

Helium Privatization Act of 1997 - Amends the Helium Act to repeal requirements for disposal of helium facilities. Revises the formula for price determinations for crude helium sales to eliminate all factors but inflation adjustments. Revises stockpile elimination guidelines to mandate that half the Federal helium reserves be placed under the authority of the Secretary of Defense, who shall determine and implement helium storage, transportation, and use. States that the Federal Government shall forgive any debt owed on such reserves. Retains the remaining Federal helium under the authority of the Secretary of the Interior. Instructs such Secretary to appoint an Investment Administrator to sell the helium reserves and their attendant production, refining, and marketing assets unless the Secretary of Defense determines such assets are essential to Department of Defense transportation or storage needs. Mandates payment of helium sales proceeds to the Treasury, with a percentage of such proceeds paid as salary to the Administrator pursuant to an agreement between the Administrator and the Secretary of the Interior. States that such Administrator shall be selected from individuals who submit and make an oral presentation of a written helium disposal plan (including any unobligated natural gas reserves and real estate used in helium refinement and production). Authorizes the Secretary of the Interior to determine a sales price in consultation with the helium industry, and to sell helium during the period in which no Investment Administrator has been selected. Declares that discovery of additional helium reserves shall not affect the duties of the Secretaries to make helium sales. Narrows solely to reserves under the authority of the Secretary of Defense the scope of a currently mandated National Academy of Sciences study on whether disposal of helium reserves will have a substantial adverse effect on U.S. scientific, technical, biomedical, or national security interests. Repeals the mandate that the Secretary of Defense make recommendations to the Congress on how to avoid potential adverse effects upon such U.S. interests by sales of crude helium reserves.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Trade Opportunities Act''. SEC. 2. STATEMENT OF PURPOSE. It is the purpose of this Act to enable the President to-- (1) remedy the actions or policies of countries that do not accord adequate trade benefits to the United States, including substantially equal competitive opportunities for the commerce of the United States; (2) negotiate more equitable tariff and other trade benefits for the people of the United States; (3) sanction non market economy countries that deny or unduly restrict the right or opportunity of their citizens to emigrate; and (4) adjust and simplify the trade laws of the United States to better respond to the realities of a post-Cold War world. SEC. 3. REPEAL OF JACKSON-VANIK. (a) Title IV of Trade Act of 1974.--Title IV of the Trade Act of 1974 (19 U.S.C. 2431 and following), and the items relating to title IV in the table or contents of that Act, are repealed. (b) Harmonized Tariff Schedule of the United States.-- General Note 3 of the Harmonized Tariff Schedule of the United States is amended-- (1) in the matter that precedes subdivision (a)-- (A) by striking ``columns'' and inserting ``column''; and (B) by striking ``and 2''; and (2) by striking subdivision (b). (c) Effective Date.--The provisions of subsection (a) and the amendments made by subsection (b) apply to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. SEC. 4. OUTSTANDING TRADE AGREEMENTS. (a) In General.--Any trade agreement that-- (1) was entered into by the United States under title IV of the Trade Act of 1974 (as such title is in effect on the day before the date of the enactment of this Act), and (2) is in effect on the day before such date of enactment, shall remain in effect until such agreement expires or is terminated or otherwise suspended. (b) Other Agreements.--Nothing in this Act shall be deemed to alter, amend, or otherwise affect the terms of any trade agreement entered into by the United States pursuant to provisions other than such title IV of the Trade Act of 1974. SEC. 5. OTHER AUTHORITIES NOT AFFECTED. Nothing in this Act shall affect-- (1) the authority of the United States Trade Representative or the President to take action under section 301 of the Trade Act of 1974; or (2) the authorities of the President under other provisions of law to increase duties on articles from other countries, or to prohibit or impose other restrictions on imports of articles from other countries, including section 111(c) of the Uruguay Round Agreements Act (19 U.S.C. 3521(c)), section 5(b) of the Trading with the Enemy Act (50 U.S.C. App. 5(b)), section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702), and sections 504(a) and 505(a) (22 U.S.C. 2349aa-9) of the International Security and Development Cooperation Act of 1985. SEC. 6. SNAP-BACK MECHANISM FOR NON-WTO MEMBERS. (a) Determination With Respect To Non-WTO Members.--Within 180 days after the date of the enactment of this Act, the President shall consult with the appropriate congressional committees and determine whether each foreign country that is not a WTO member is not according adequate trade benefits to the United States, including substantially equal competitive opportunities for the commerce of the United States. (b) Tariff Increase.-- (1) Imposition of increase.--If the President determines under subsection (a) that a foreign country is not according adequate trade benefits to the United States, then the President shall proclaim, within 180 days after the date of that determination, an increase in the rate of duty with respect to one or more products of that country to not more than the column 1 rate of duty under the Harmonized Tariff Schedule of the United States that applied to the article or articles on December 31, 1994. (2) Termination of increase.--The President shall terminate any increase in the rate of duty imposed under paragraph (1) with respect to a country on the earlier of-- (A) the date the country becomes a WTO member; or (B) the date on which the President proclaims that the country is according adequate trade benefits to the United States, including substantially equal competitive opportunities for the commerce of the United States. (c) Rate of Duty in Absence of Commercial Agreement.--In the case of a country that is not a WTO member and is not a party to a commercial agreement with the United States that substantially meets the requirements of section 405 of the Trade Act of 1974 (as in effect on the day before the date of the enactment of this Act), other than the requirement that the agreement be limited to a period of not more than 3 years, the column 2 rate of duty under the Harmonized Tariff Schedule of the United States shall apply to the products of that country. (d) Definitions.--For purposes of this section-- (1) the term ``WTO member'' means a state, or separate customs territory (within the meaning of Article XII of the WTO Agreement), with respect to which the United States applies the WTO Agreement; and (2) the term ``WTO Agreement'' means the Agreement Establishing the World Trade Organization entered into on April 15, 1994. SEC. 7. OTHER AUTHORITY TO INCREASE TARIFFS. (a) Authority.--Notwithstanding any other provision of law, the President is authorized to increase the rate of duty on any product of a non market economy country that is not a WTO member to not more than the column 1 rate of duty under the Harmonized Tariff Schedule of the United States that applied to that product on December 31, 1994, if that country-- (1) denies its citizens the right or opportunity to emigrate; (2) imposes more than a nominal tax on emigration or on visas or other documents required for emigration, for any purpose or cause whatsoever; or (3) imposes more than a nominal tax, levy, fine, fee, or other charge on any citizen as a consequence of the desire of such citizen to emigrate to the country of his or her choice. SEC. 8. CONFORMING AMENDMENTS. (a) Trade Act of 1974.-- (1) Section 151 of the Trade Act of 1974 (19 U.S.C. 2191) is amended-- (A) in subsection (a)(1)-- (i) by striking ``approval resolutions described in subsection (b)(3), and resolutions described in subsections 152(a) and 153(a)'' and inserting ``and resolutions described in section 152(a)''; (B) in subsection (b), by striking paragraph (3); (C) in subsection (c)-- (i) by striking ``(c) Introduction and Referral.--''; (ii) by moving the remaining text of paragraph (1) 2 ems to the left; (iii) by striking ``(1) On the day'' and inserting-- ``(c) Introduction and Referral.--On the day''; and (iv) by striking paragraph (2); (D) in subsection (d), by striking ``or approval resolution''; and (E) in subsections (e), (f), and (g)-- (i) by striking ``or approval resolution'' each place it appears; and (ii) by striking ``or resolution'' each place it appears. (2) Section 152 of the Trade Act of 1974 (19 U.S.C. 2192) is amended-- (A) by amending subsection (a) to read as follows: ``(a) Contents of Resolution.--For purposes of this section, the term `resolution' means only a joint resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: `That the Congress does not approve the action taken by, or the determination of, the President under section 203 of the Trade Act of 1974 transmitted to the Congress on ________.', with the blank space being filled with the appropriate date.''; and (B) in subsection (f)-- (i) in paragraph (2), by striking ``or 153(a), whichever is applicable,''; and (ii) in paragraph (3), by striking ``or section 153(a)''. (3) Section 153 of the Trade Act of 1974 (19 U.S.C. 2193), and the item relating to that section in the table of contents for that Act, are repealed. (4) Section 154 of the Trade Act of 1974 (19 U.S.C. 2194) is amended-- (A) in subsection (a), by striking ``203(b), 402(d), or 407(a) or (b)'' and inserting ``or 203(b)''; and (B) by striking ``sections 203(c), 407(c)(2), and 407(c)(3)'' and inserting ``section 203(c)''. (b) Other Provisions of Law.-- (1) Section 330(d) of the Tariff Act of 1930 (19 U.S.C. 1330(d)) is amended-- (A) in paragraph (1), by striking ``to determine-- ``(A) under'' and all that follows through ``and the commissioners'' and inserting ``to determine, under section 202 of the Trade Act of 1974, whether increased imports of an article are a substantial cause of serious injury, or the threat thereof, as described in subsection (b)(1) of that section (hereafter in this subsection referred to as `serious injury'), and the commissioners''; (B) in paragraph (2)-- (i) by striking ``or 406''; (ii) by striking ``or market disruption exists, respectively''; and (iii) by striking ``or the finding under section 406(a)(3) of such Act, as the case may be''. (2) Section 1102(b)(1) of the Trade Agreements Act of 1979 (19 U.S.C. 2581(b)(1)) is amended by striking ``301, or 406'' and ``2411, or 2436'' and inserting ``or 301'' and ``or 2411'', respectively. (3) Section 2(c)(11) of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5401(c)(11)) is amended to read as follows: ``(11) Most-favored-nation trade status.--The granting of nondiscriminatory treatment (most-favored-nation treatment) to the products of an East European country.''.

Fair Trade Opportunities Act - Amends the Trade Act of 1975 to repeal Title IV (Trade Relations with Countries not Currently Receiving Nondiscriminatory Treatment) (Jackson Vanick Act). Directs the President to consult with the appropriate congressional committees and determine whether each foreign country that is not a member of the World Trade Organization (WTO) is not according adequate trade benefits or substantially equal competitive opportunities to U.S. commerce. Mandates an increase in the rate of duty with respect to the products of such a country. Authorizes the President to increase such rate on any product of a non-market economy country that is not a WTO member if it: (1) denies its citizens the right or opportunity to emigrate; (2) imposes more than a nominal tax on emigration documents, for any purpose; or (3) imposes more than a nominal tax, fine, fee or other charge on any citizen as a consequence of such citizen's desire to emigrate to a country of his or her choice.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Can't Vote, Can't Contribute Campaign Reform Act of 1999''. TITLE I--LIMITATIONS ON CONTRIBUTIONS SEC. 101. LIMITATION ON AMOUNT OF CONTRIBUTIONS TO CANDIDATES BY INDIVIDUALS NOT ELIGIBLE TO VOTE IN STATE OR DISTRICT INVOLVED. Section 315(a)(1)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1)(A)) is amended by striking ``in the aggregate, exceed $1,000;'' and inserting the following: ``in the aggregate-- ``(i) in the case of contributions made to a candidate for election for Senator or for Representative in or Delegate or Resident Commissioner to the Congress by an individual who is not eligible to vote in the State or Congressional district involved (as the case may be) at the time the contribution is made (other than an individual who would be eligible to vote at such time but for the failure of the individual to register to vote), exceed $100; or ``(ii) in the case of any other contributions, exceed $1,000;''. SEC. 102. BAN ON ACCEPTANCE OF CONTRIBUTIONS MADE BY NONPARTY POLITICAL ACTION COMMITTEES. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new subsection: ``(i)(1) Notwithstanding any other provision of this Act, no candidate for election for Federal office may accept any contribution from a political action committee. ``(2) In this subsection, the term `political action committee' means any political committee which is not-- ``(A) the principal campaign committee of a candidate; or ``(B) a national, State, local, or district committee of a political party, including any subordinate committee thereof.''. TITLE II--ENSURING VOLUNTARINESS OF CONTRIBUTIONS OF CORPORATIONS, UNIONS, AND OTHER MEMBERSHIP ORGANIZATIONS SEC. 201. PROHIBITING INVOLUNTARY USE OF FUNDS OF EMPLOYEES OF CORPORATIONS AND OTHER EMPLOYERS AND MEMBERS OF UNIONS AND ORGANIZATIONS FOR POLITICAL ACTIVITIES. (a) In General.--Section 316 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b) is amended by adding at the end the following new subsection: ``(c)(1)(A) Except with the separate, prior, written, voluntary authorization of the individual involved, it shall be unlawful-- ``(i) for any national bank or corporation described in this section (other than a corporation exempt from Federal taxation under section 501(c) of the Internal Revenue Code of 1986) to collect from or assess a stockholder or employee any portion of any dues, initiation fee, or other payment made as a condition of employment which will be used for political activity in which the national bank or corporation is engaged; and ``(ii) for any labor organization described in this section to collect from or assess a member or nonmember any portion of any dues, initiation fee, or other payment which will be used for political activity in which the labor organization is engaged. ``(B) An authorization described in subparagraph (A) shall remain in effect until revoked and may be revoked at any time. Each entity collecting from or assessing amounts from an individual with an authorization in effect under such subparagraph shall provide the individual with a statement that the individual may at any time revoke the authorization. ``(2)(A) Prior to the beginning of any 12-month period (as determined by the corporation), each corporation to which paragraph (1) applies shall provide each of its shareholders with a notice containing the following: ``(i) The proposed aggregate amount for disbursements for political activities by the corporation for the period. ``(ii) The individual's applicable percentage and applicable pro rata amount for the period. ``(iii) A form that the individual may complete and return to the corporation to indicate the individual's objection to or approval of the disbursement of amounts for political activities during the period. ``(B) It shall be unlawful for a corporation to which subparagraph (A) applies to make disbursements for political activities during the 12-month period described in such subparagraph in an amount greater than the sum of the applicable pro rata amounts for such period of all shareholders who return the form described in subparagraph (A)(iii) to the corporation prior to the beginning of the period and indicate their approval of such disbursements. ``(C) In this paragraph, the following definitions shall apply: ``(i) The term `applicable percentage' means, with respect to a shareholder of a corporation, the amount (expressed as a percentage) equal to the number of shares of the corporation (within a particular class or type of stock) owned by the shareholder at the time the notice described in subparagraph (A) is provided, divided by the aggregate number of such shares owned by all shareholders of the corporation at such time. ``(ii) The term `applicable pro rata amount' means, with respect to a shareholder for a 12-month period, the product of the shareholder's applicable percentage for the period and the proposed aggregate amount for disbursements for political activities by the corporation for the period, as specified in the notice provided under subparagraph (A). ``(3) For purposes of this subsection, the term `political activity' means any activity carried out for the purpose of influencing (in whole or in part) any election for Federal office, influencing the consideration or outcome of any Federal legislation or the issuance or outcome of any Federal regulations, or educating individuals about candidates for election for Federal office or any Federal legislation, law, or regulations.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to amounts collected or assessed on or after the date of the enactment of this Act. TITLE III--RESTRICTIONS ON SOFT MONEY SEC. 301. BAN ON SOFT MONEY OF NATIONAL POLITICAL PARTIES AND CANDIDATES; BAN ON USE OF SOFT MONEY BY STATE POLITICAL PARTIES FOR FEDERAL ELECTION ACTIVITY. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``restrictions on use of soft money by political parties and candidates ``Sec. 323. (a) Ban on Use by National Parties.-- ``(1) In general.--No political committee of a national political party may solicit, receive, or direct any contributions, donations, or transfers of funds, or spend any funds, which are not subject to the limitations, prohibitions, and reporting requirements of this Act. ``(2) Applicability.--Paragraph (1) shall apply to any entity which is established, financed, maintained, or controlled (directly or indirectly) by, or which acts on behalf of, a political committee of a national political party, including any national congressional campaign committee of such a party and any officer or agent of such an entity or committee. ``(b) Candidates.-- ``(1) In general.--No candidate for Federal office, individual holding Federal office, or any agent of such a candidate or officeholder may solicit, receive, or direct-- ``(A) any funds in connection with any Federal election unless the funds are subject to the limitations, prohibitions and reporting requirements of this Act; ``(B) any funds that are to be expended in connection with any election for other than a Federal office unless the funds are not in excess of the applicable amounts permitted with respect to contributions to candidates and political committees under paragraphs (1) and (2) of section 315(a), and are not from sources prohibited from making contributions by this Act with respect to elections for Federal office; or ``(C) any funds on behalf of any person which are not subject to the limitations, prohibitions, and reporting requirements of this Act if such funds are for the purpose of financing any activity on behalf of a candidate for election for Federal office or any communication which refers to a clearly identified candidate for election for Federal office. ``(2) Exception for certain activities.--Paragraph (1) shall not apply to-- ``(A) the solicitation, receipt, or direction of funds by an individual who is a candidate for a non- Federal office if such activity is permitted under State law for such individual's non-Federal campaign committee; or ``(B) the attendance by an individual who holds Federal office at a fundraising event for a State or local committee of a political party of the State which the individual represents as a Federal officeholder, if the event is held in such State. ``(c) State Parties.-- ``(1) In general.--Any payment by a State committee of a political party for a mixed political activity-- ``(A) shall be subject to limitation and reporting under this Act as if such payment were an expenditure; and ``(B) may be paid only from an account that is subject to the requirements of this Act. ``(2) Mixed political activity defined.--As used in this section, the term `mixed political activity' means, with respect to a payment by a State committee of a political party, an activity (such as a voter registration program, a get-out- the-vote drive, or general political advertising) that is both for the purpose of influencing an election for Federal office and for any purpose unrelated to influencing an election for Federal office. ``(d) Prohibiting Transfers of Non-Federal Funds Between State Parties.--A State committee of a political party may not transfer any funds to a State committee of a political party of another State unless the funds are subject to the limitations, prohibitions, and reporting requirements of this Act. ``(e) Applicability to Funds From All Sources.--This section shall apply with respect to funds of any individual, corporation, labor organization, or other person.''. TITLE IV--EFFECTIVE DATE SEC. 401. EFFECTIVE DATE. Except as otherwise provided, the amendments made by this Act shall apply with respect to elections occurring after January 2001.

TABLE OF CONTENTS: Title I: Limitations on Contributions Title II: Ensuring Voluntariness of Contributions of Corporations, Unions, and Other Membership Organizations Title III: Restrictions on Soft Money Title IV: Effective Date Can't Vote, Can't Contribute Campaign Reform Act of 1999 - Title I: Limitations on Contributions - Amends the Federal Election Campaign Act of 1971 (FECA) to revise the current limit on contributions to any candidate with respect to any election for Federal office to create a separate contribution limit of $100 for an individual who is not eligible to vote in the State or congressional district involved. Bans any candidate for election for Federal office from accepting any contribution from a nonparty political action committee. Title II: Ensuring Voluntariness of Contributions of Corporations, Unions, and Other Membership Organizations - Amends FECA to make it unlawful, except with the separate, prior, written, voluntary authorization of the individual involved, for: (1) national banks or corporations (except for certain tax exempt corporations) to collect from or assess their stockholders or employees any dues, initiation fee, or other payment as a condition of employment which will be used for political activities in which the national bank or corporation is engaged; and (2) labor organizations to collect from or assess their members or nonmembers any dues, fee, or other payment which will be used for political activities in which the labor organization is engaged. States that an authorization shall remain in effect until revoked and may be revoked at any time. Requires each entity collecting from or assessing amounts from an individual with an authorization in effect to provide the individual with a statement that the individual may at any time revoke the authorization. Requires applicable corporations, prior to the beginning of any 12-month period, as determined by the corporation, to provide each of their shareholders with a notice containing: (1) the proposed aggregate amount for disbursements for political activities for the period; (2) the individual's applicable percentage and pro rata amounts for the period; and (3) a form that the individual may complete and return to the corporation or organization indicating the individual's objection or approval to the disbursement of amounts for political activities during the period. Makes it unlawful for a corporation to make disbursements for political activities during the 12-month period in an amount greater than the sum of the applicable pro rata amounts for such period of all shareholders who return the form to the corporation prior to the beginning of the period and indicate their approval of such disbursement. Title III: Restrictions on Soft Money - Amends FECA to ban the solicitation, receipt, and use of funds (soft money) not subject to the limitations, prohibitions, and reporting requirements of FECA (FECA requirements) by national political parties and candidates, with the exception of certain activities. Requires that payments by State political parties for mixed political activities be subject to limitation and reporting under FECA as if such payments were expenditures, and permits such payments to be paid only from an account subject to FECA requirements. Prohibits transfers of funds between State political parties unless the funds are subject to the FECA requirements. Title IV: Effective Date - Establishes the general effective date for this Act, applicable to elections occurring after January 2001.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Surface Mining Control and Reclamation Amendments Act of 1995''. SEC. 2. STATEMENT OF FINDINGS AND POLICY. Section 101 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201) is amended-- (1) by striking ``and'' at the end of paragraph (j); (2) by striking the period at the end of paragraph (k) and inserting ``; and''; and (3) by adding at the end the following: ``(l) a majority of the coal-producing States have developed programs that regulate surface and underground coal mining operations within their borders in an environmentally sound manner, taking into account the diversity in terrain, climate, chemical, and other physical conditions in areas subject to mining operations; and ``(m) duplication in regulatory programs should be avoided and States assume the exclusive responsibility under approved State programs for permitting and enforcement of the provision of this Act with respect to surface coal mining and reclamation operations within the States.''. SEC. 3. FUNCTIONS OF OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT. Section 201(c)(1) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1211(c)) is amended to read as follows: ``(1)(A) administer the programs for controlling surface coal mining operations which are required by this Act; ``(B) review and approve or disapprove State programs for controlling surface coal mining operations and reclaiming abandoned mine lands; ``(C) except in a State with an approved State program-- ``(i) make those investigations and inspections necessary to ensure compliance with this Act, ``(ii) conduct hearings, administer oaths, issue subpoenas, and compel the attendance of witnesses and production of written or printed material, and ``(iii) review and vacate or modify or approve orders and decisions, and order the suspension, revocation, or withholding of any permit for failure to comply with any of the provisions of this Act or any rules and regulations adopted pursuant thereto;''. SEC. 4. STATE PROGRAMS. Section 503 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1253) is amended by adding at the end the following: ``(e) With respect to a State with an approved State program-- ``(1) the State program shall apply in lieu of this Act to surface coal mining and reclamation operations in the State; and ``(2) the provisions of this Act and the regulations promulgated by the Secretary pursuant to this Act shall not become effective with respect to surface coal mining and reclamation operations within a State with an approved State program until such time as the State has amended its approved State program and the permittee has been provided a reasonable time (as determined by the regulatory authority) to conform ongoing surface coal mining and reclamation operations to any revised or additional requirements under such amended State program.''. SEC. 5. FEDERAL PROGRAMS. Section 504(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1254(b)) is amended by striking ``section 521'' and inserting ``section 521(b)''. SEC. 6. PERMITS. Section 506 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1256) is amended by adding at the end the following: ``(e) A surface coal mining and reclamation operation that is in compliance with the terms and conditions of a permit issued pursuant to this Act shall be deemed to be in compliance with the environmental protection standards of this Act and the approved State program or Federal program or Federal lands program pursuant to this Act, except that the regulatory authority may, pursuant to section 511(c) of this Act, require reasonable revisions of a permit to ensure compliance with this Act and regulatory program.''. SEC. 7. ENFORCEMENT. (a) Notice for Abatement.--Section 521(a)(3) of such Act (30 U.S.C. 1271(a)(3)) is amended by striking ``or section 504(b)''. (b) Suspension and Revocation Order.--Section 521(a)(4) of such Act (30 U.S.C. 1271(a)(4)) is amended by striking ``or section 504''. (c) State Responsibility.--Section 521(a) (30 U.S.C. 1271(a)) is amended by adding at the end the following: ``(6)(A) Except as provided in subparagraph (B) and paragraph (2) of this subsection, the regulatory authority shall have the sole responsibility for issuance of a notice to the permittee or his agent of a violation of any requirement of this Act or any permit condition required by this Act, and the suspension or revocation of any permit issued pursuant to a State program, which determination by the State regulatory authority shall be subject to administrative and judicial review in accordance with State law. ``(B) The responsibility for enforcement at any surface coal mining and reclamation operation of any provision of the Federal Water Pollution Control Act or any State law enacted pursuant thereto, or other Federal laws relating to preservation of water quality, including (but not limited to) compliance with effluent limitations and water quality standards shall rest with the regulatory authority approved by the United State Environmental Protection Agency under such water quality laws.''. SEC. 8. JUDICIAL REVIEW. (a) Order of ALJ.--Section 526(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1276) is amended by adding at the end the following: ``(3) For the purposes of this section, an order of an administrative law judge in a proceeding conducted pursuant to section 554 of title 5, United States Code, shall be deemed a final decision of the Secretary subject to judicial review in accordance with this section.''. (b) Actions Relating to State Program.--Section 526 of such Act (30 U.S.C. 1276) is amended by striking subsection (e) and inserting the following: ``(e) Action of the State regulatory authority pursuant to an approved State program shall be subject to judicial review by a court of competent jurisdiction in accordance with State law. ``(f) Where there is an approved State program, any action of the Secretary pursuant to section 521(b) shall be subject to judicial review by the United States district court for the district which includes the capital of the State whose program is at issue.''. SEC. 9. TIME LIMITATION. (a) In General.--Title VII of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1291 and following) is amended by adding the following new section at the end thereof: ``SEC. 722. TIME LIMITATION. ``An action, suit, or any other proceeding under this Act for the enforcement of any violation, fine, penalty, or forfeiture, pecuniary or otherwise, shall be barred unless commenced within three years from the date on which the violation first occurs.''. (b) Technical Amendment.--The table of contents in the first section of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. prec. 1201) is amended by inserting after the item for section 719 the following: ``Sec. 720. Subsidence. ``Sec. 721. Research. ``Sec. 722. Time limitation.''. SEC. 10. DEFINITIONS. Section 701(28) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1291(28)) is amended to read as follows: ``(28) `surface coal mining operation'-- ``(A)(i) means an activity conducted on the surface of land in connection with a surface coal mine or, subject to the requirements of section 516, surface operations of an underground coal mine, the products of which enter commerce or the operations of which directly or indirectly affect interstate commerce; and ``(ii) includes excavation for the purpose of obtaining coal by such common methods as-- ``(I) contour, strip, auger, mountaintop removal, box, cut, open pit, and area mining; ``(II) the use of explosives and blasting, in situ distillation or retorting, leaching or other chemical or physical processing; and ``(III) the cleaning, concentrating, other processing or preparation, or loading of coal for interstate commerce at or near the mine site; but ``(iii) does not include the extraction of coal incidental to the extraction of oth4er minerals where coal does not exceed 16\2/3\ percent of the tonnage of minerals removed for purposes of commercial use or sale or coal explorations subject to section 512; and ``(B)(i) means the land on which such an activity occurs or where such an activity disturbs the natural land surface; and ``(ii) includes land adjacent to land described in clause (i) the use of which is incidental to any such activity, land affected by the construction of new roads to gain access to the site of such an activity and for haulage, and excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas, and other areas on which are sited structures, facilities, or other property or materials on the surface, resulting form or incident to such an activity; but ``(C) does not include the construction, improvement, or use of a road that is-- ``(i)(I) designated as a public road under the law of the jurisdiction in which the road is located; or ``(II) maintained under the authority of a governmental entity; and ``(ii) constructed in a manner similar to or better than the construction of other roads that are of the same classification in the jurisdiction and are open to public use.''.

Surface Mining Control and Reclamation Amendments Act of 1995 - Amends the Surface Mining Control and Reclamation Act of 1977 to: (1) repeal certain oversight functions of the Office of Surface Mining Reclamation and Enforcement; (2) provide for an approved State program for surface coal mining and reclamation operations which shall apply in that State in lieu of the Act; (3) declare the Act inapplicable to surface coal mining and reclamation operations within a State with an approved State program until such program has been amended, and the permittee has been provided reasonable time to conform operations to the amended program; and (4) declare that operations in compliance with a permit issued under the Act shall be deemed to be in compliance with its environmental protection standards and those of an approved State or Federal program pursuant to the Act. Amends enforcement guidelines to grant a State regulatory authority sole enforcement responsibility for the Act and relevant State law, subject only to State administrative and judicial review. Confers enforcement responsibility for Federal water quality laws (including State law enacted pursuant thereto) upon the regulatory authority approved by the Environmental Protection Agency. Revises judicial review guidelines to: (1) repeal the provision construing the availability of judicial review of a State regulatory authority as not limiting the operation of rights with respect to citizens' suits to compel compliance with Federal law; and (2) declare that an action by the Secretary of the Interior regarding inadequate State enforcement is subject to judicial review by the U.S. district court for the district which includes the capital of the State whose program is at issue. Establishes a three-year statute of limitations for an enforcement proceeding under this Act. Redefines surface coal mining operations to exclude public roads from the regulatory purview of the Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Spill Prevention Act of 2010''. SEC. 2. OIL FUEL TANK PROTECTION. Section 3306 of title 46, United States Code, is amended by adding at the end the following new subsection: ``(k)(1) Each vessel of the United States that is constructed under a contract entered into after the date of enactment of the Oil Spill Prevention Act of 2010, or that is delivered after August 1, 2010, with an aggregate capacity of 600 cubic meters or more of oil fuel, shall comply with the requirements of Regulation 12A under Annex I to the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, entitled `Oil Fuel Tank Protection.'. ``(2) The Secretary may prescribe regulations to apply the requirements described in Regulation 12A to vessels described in paragraph (1) that are not otherwise subject to that convention. ``(3) In this subsection the term `oil fuel' means any oil used as fuel in connection with the propulsion and auxiliary machinery of the vessel in which such oil is carried.''. SEC. 3. MARITIME EMERGENCY PREVENTION. (a) In General.--Section 4(b) of the Ports and Waterways Safety Act of 1972 (33 U.S.C. 1223(b)) is amended-- (1) by striking ``operate or'' and inserting ``operate, including direction to change the vessel's heading and speed, or''; and (2) by inserting ``emergency or'' after ``other'' in paragraph (3). (b) Revision of VTS Policy.--The Secretary of the department in which the Coast guard is operating shall-- (1) provide guidance to all vessel traffic personnel that clearly defines the use of authority to direct or control vessel movement when such direction or control is justified in the interest of safety; and (2) require vessel traffic personnel communications to identify the vessel, rather than the pilot, when vessels are operating in vessel traffic service pilotage areas. (c) Adequacy of VTS Locations and Infrastructure.-- (1) In general.--The Secretary of the department in which the Coast Guard is operating shall continue to conduct individual port and waterway safety assessments under the Ports and Waterways Safety Act of 1972 (33 U.S.C. 1221 et seq.) to determine and prioritize the United States ports, waterways, and channels that are in need of new, expanded, or improved vessel traffic management risk mitigation measures, including vessel traffic service systems, by evaluating-- (A) the nature, volume, and frequency of vessel traffic; (B) the risks of collisions, allisions, spills, and other maritime mishaps associated with that traffic; (C) the projected impact of installation, expansion, or improvement of a vessel traffic service system or other risk mitigation measures; and (D) any other relevant data. (2) Analyses.--Based on the results of the assessments under paragraph (1), the Secretary shall identify the requirements for necessary expansion, improvement, or construction of buildings, networks, communications, or other infrastructure to improve the effectiveness of existing vessel traffic service systems, or necessary to support recommended new vessel traffic service systems, including all necessary costs for construction, reconstruction, expansion, or improvement. (3) Personnel.--The Secretary shall-- (A) review and validate the recruiting, retention, training, and expansion of the vessel traffic service personnel workforce necessary to maintain the effectiveness of existing vessel traffic service systems and to support any expansion or improvement identified by the Secretary under this section; and (B) require basic navigation training for vessel traffic service watchstander personnel-- (i) to support and complement the existing mission of the vessel traffic service to monitor and assess vessel movements within a vessel traffic service Area; (ii) to exchange information regarding vessel movements with vessel and shore-based personnel; and (iii) to provide advisories to vessel masters. (4) Report.--Within 1 year after the date of enactment of this Act, the Secretary shall submit to the Congress a report consolidating the results of the analyses under paragraph (2), together with recommendations for implementing the study results. SEC. 4. TRAINED POLLUTION INVESTIGATORS. To the extent practicable, the Commandant of the Coast Guard shall ensure that there is at least 1 trained and experienced pollution investigator on duty, or in an on-call status, at all times for each Coast Guard Sector Command. SEC. 5. DURATION OF CREDENTIALS. (a) Merchant Mariner's Documents.--Section 7302(f) of title 46, United States Code, is amended to read as follows: ``(f) Periods of Validity and Renewal of Merchant Mariners' Documents.-- ``(1) In general.--Except as provided in subsection (g), a merchant mariner's document issued under this chapter is valid for a 5-year period and may be renewed for additional 5-year periods. ``(2) Advance renewals.--A renewed merchant mariner's document may be issued under this chapter up to 8 months in advance but is not effective until the date that the previously issued merchant mariner's document expires.''. (b) Duration of Licenses.--Section 7106 of such title is amended to read as follows: ``7106. Duration of licenses ``(a) In General.--A license issued under this part is valid for a 5-year period and may be renewed for additional 5-year periods; except that the validity of a license issued to a radio officer is conditioned on the continuous possession by the holder of a first-class or second- class radiotelegraph operator license issued by the Federal Communications Commission. ``(b) Advance Renewals.--A renewed license issued under this part may be issued up to 8 months in advance but is not effective until the date that the previously issued license expires.''. (c) Certificates of Registry.--Section 7107 of such title is amended to read as follows: ``7107. Duration of certificates of registry ``(a) In General.--A certificate of registry issued under this part is valid for a 5-year period and may be renewed for additional 5-year periods; except that the validity of a certificate issued to a medical doctor or professional nurse is conditioned on the continuous possession by the holder of a license as a medical doctor or registered nurse, respectively, issued by a State. ``(b) Advance Renewals.--A renewed certificate of registry issued under this part may be issued up to 8 months in advance but is not effective until the date that the previously issued certificate of registry expires.''. SEC. 6. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES, CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS' DOCUMENTS. (a) Merchant Mariner Licenses and Documents.--Chapter 75 of title 46, United States Code, is amended by adding at the end the following: ``7507. Authority to extend the duration of licenses, certificates of registry, and merchant mariner documents ``(a) Licenses and Certificates of Registry.--Notwithstanding sections 7106 and 7107, the Secretary of the department in which the Coast Guard is operating may extend for up to one year an expiring license or certificate of registry issued for an individual under chapter 71 if the Secretary determines that extension is required-- ``(1) to enable the Coast Guard to eliminate a backlog in processing applications for those licenses or certificates of registry; ``(2) because necessary records have been destroyed or are unavailable due to a natural disaster; or ``(3) to align the expiration date of a license or certificate of registry with the expiration date of a transportation worker identification credential under section 70501. ``(b) Merchant Mariner Documents.--Notwithstanding section 7302(g), the Secretary may extend for one year an expiring merchant mariner's document issued for an individual under chapter 71 if the Secretary determines that extension is required-- ``(1) to enable the Coast Guard to eliminate a backlog in processing applications for those licenses or certificates of registry; ``(2) because necessary records have been destroyed or are unavailable due to a natural disaster; or ``(3) to align the expiration date of a license or certificate of registry with the expiration date of a transportation worker identification credential under section 70501. ``(c) Manner of Extension.--Any extensions granted under this section may be granted to individual seamen or a specifically identified group of seamen. ``(d) Expiration of Authority.--The authority for providing an extension under this section shall expire on December 31, 2011.''. (b) Clerical Amendment.--The chapter analysis for such chapter is amended by adding at the end the following: ``7507. Authority to extend the duration of licenses, certificates of registry, and merchant mariner documents.''. SEC. 7. ELIMINATION OF CERTAIN REPORTS. Notwithstanding the direction of the House of Representatives Committee on Appropriations on page 60 of Report 109-79 (109th Congress, 1st Session) under the headings ``United States Coast Guard Operating Expenses'' and ``Area Security Maritime Exercise Program'', concerning the submission by the Coast Guard of reports to that Committee on the results of port security terrorism exercises, beginning with October, 2010, the Coast Guard shall submit only 1 such report each year. SEC. 8. 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 Senate September 29, 2010. Attest: NANCY ERICKSON, Secretary.

Oil Spill Prevention Act of 2010 - (Sec. 2) Requires double hull protection of oil fuel tanks on certain vessels with a tank capacity of at least 600 cubic meters. Defines "oil fuel" as any oil used as fuel in connection with the vessel's propulsion and auxiliary machinery. (Sec. 3) Directs the Secretary of the department in which the Coast Guard is operating to: (1) provide guidance to all vessel traffic personnel that clearly defines the use of authority to direct or control vessel movement when such direction or control is justified in the interest of safety; and (2) require vessel traffic personnel communications to identify the vessel, rather than the pilot, when vessels are operating in vessel traffic service pilotage areas. Requires the Secretary to identify, and report to Congress concerning, requirements for the necessary expansion, improvement, or construction of buildings, networks, communications, or other infrastructure to improve the effectiveness of existing vessel traffic service systems, or necessary to support recommended new vessel traffic service systems, including all necessary costs for construction, reconstruction, expansion, or improvement. Requires a review and validation of the recruiting, retention, training, and expansion of vessel traffic service personnel. (Sec. 4) Requires that at least one trained and experienced pollution investigator be on duty or on call at all times for each Coast Guard Sector Command. (Sec. 5) Modifies requirements regarding the duration of merchant mariner's documents and certificates of registry. (Sec. 6) Authorizes the extending of licenses, certificates of registry, and merchant mariner's documents in specified circumstances. Terminates that authorization on December 31, 2011. (Sec. 7) Limits to one the number of reports regarding port security terrorism exercises that the Coast Guard is required to submit each year to the House of Representatives Committee on Appropriations. (Sec. 8) Requires that compliance with the Statutory Pay-As-You-Go Act of 2010 be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Voter Registration Enhancement Act of 1993''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the right to vote is a fundamental right; (2) all citizens of the United States are entitled to be protected from vote fraud and from voter registration lists that contain the names of ineligible or nonexistent voters, which dilute the worth of qualified votes honestly cast; and (3) all citizens of the United States are entitled to be governed by elected and appointed public officers who are responsible to them and who govern in the public interest without corruption, self-dealing, or favoritism. (b) Purposes.-- The purposes of this Act are-- (1) to increase registration of citizens as voters in elections for Federal office; (2) to make it possible for Federal, State, and local governments to enhance voter participation in elections for Federal office; (3) to protect the integrity of the electoral process; (4) to ensure the maintenance of accurate and current official voter registration lists; and (5) to guarantee to the States, and to their citizens, a republican form of government, including elections conducted free of fraud, and governmental processes conducted free of corruption, self-dealing, or favoritism. TITLE I--VOTER REGISTRATION ENHANCEMENT SEC. 101. FEDERAL COORDINATION AND BIENNIAL ASSESSMENT. The Attorney General-- (1) shall be responsible for coordination of Federal functions under this Act; (2) shall provide information to the States with respect to State responsibilities under this Act; and (3) shall, not later than June 30 of each even-numbered year, submit to the Congress a report assessing the impact of this Act on the administration of elections for Federal office during the preceding 2 calendar years and providing recommendations for improvements in Federal and State procedures, forms, and other matters affected by this Act. SEC. 102. RESPONSIBILITY OF CHIEF STATE ELECTION OFFICIAL. The chief State election official of each State shall be responsible for coordination of State functions under this title. SEC. 103. VOTER REGISTRATION ENHANCEMENT BLOCK GRANTS. (a) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General-- (1) for making grants under this section for fiscal years 1993, 1994, and 1995, a total of $25,000,000; and (2) such additional sums as may be necessary for administrative expenses of the Attorney General in carrying out this title. (b) Block Grants.--(1) From the amounts appropriated under subsection (a) for any fiscal year, the Attorney General shall make grants to States, through chief State election officials, for the purposes of supporting, facilitating, and enhancing voter registration. (2) To qualify for a grant under paragraph (1), a State shall match any amount of Federal funds dollar for dollar with State funds for voter registration enhancement activities, such as, but not limited to-- (A) providing for voter registration for elections for Federal office at State departments of motor vehicles; and (B) providing for uniform and nondiscriminatory programs to ensure that official voter registration lists are accurate and current in each State. (c) Allocation of Grants.--(1) The Attorney General shall by regulation establish criteria for allocation of grants among States based on-- (A) the number of residents of each State; (B) the percentage of eligible voters in each State not registered to vote; and (C) other appropriate factors. (2) In promulgating criteria pursuant to paragraph (1), the Attorney General shall give special consideration to State-sponsored programs designed to improve registration in counties with voter registration percentages significantly lower than that for the State as a whole. (d) Administrative Requirements.--(1) The Attorney General shall by regulation establish administrative requirements necessary to carry out this section. (2) To be eligible to receive a grant under this section, a State shall certify that the State-- (A) has in place legislative authority and a plan to implement procedures to promote and facilitate, to an extent and in such manner as the Attorney General may deem adequate to carry out the purposes of this title, voter registration for Federal elections in connection with applications for driver's licenses; (B) agrees to use any amount received from a grant under this section in accordance with the requirements of this section; (C) agrees that any amount received through a grant under this section for any period will be used to supplement and increase any State, local, or other non-Federal funds that would, in the absence of the grant, be made available for the programs and activities for which grants are provided under this section and will in no event supplant such State, local, and other non-Federal funds; and (D) has established fiscal control and fund accounting procedures to ensure the proper disbursement of, and accounting for, grants made to the State under this section. (3) The Attorney General may not prescribe for a State the manner of compliance with the requirements of this subsection. (e) Reports.--(1) The chief State election official of a State that receives a grant under this section shall submit to the Attorney General annual reports on its activities under this section. (2) A report required by paragraph (1) shall be in such form and contain such information as the Attorney General, after consultation with chief State election officials, determines to be necessary to-- (A) determine whether grant amounts were expended in accordance with this section; (B) describe activities under this section; and (C) provide a record of the progress made toward achieving the purposes for which the block grants were provided. SEC. 104. DEFINITIONS. For the purpose of this title-- (1) the term ``chief State election official'' means, with respect to a State, the officer, employee, or entity with authority, under State law, for election administration in the State; (2) the term ``election'' has the meaning stated in section 301(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(1)); (3) the term ``Federal office'' has the meaning stated in section 301(3) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(3)); and (4) the term ``State'' has the meaning stated in section 301(12) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(12)). TITLE II--PUBLIC CORRUPTION SEC. 201. ELECTION FRAUD AND OTHER PUBLIC CORRUPTION. (a) Amendment of title 18 of the United States Code.--Chapter 11 of title 18, United States Code, is amended by adding at the end thereof the following new section: ``Sec. 226. Public corruption ``(a) Whoever, in a circumstance described in subsection (d), defrauds, or endeavors to defraud, by any scheme or artifice, the inhabitants of the United States, a State, a political subdivision of a State, or Indian country of the honest services of an official or employee of the United States or the State, political subdivision, or Indian tribal government shall be fined under this title, imprisoned for not more than 20 years, or both. ``(b) Whoever, in a circumstance described in subsection (d), defrauds, or endeavors to defraud, by any scheme or artifice, the inhabitants of the United States, a State, a political subdivision of a State, or Indian country of a fair and impartially conducted election process in any primary, runoff, special, or general election-- ``(1) through the procurement, casting, or tabulation of ballots that are materially false, fictitious, or fraudulent or that are invalid, under the laws of the jurisdiction in which the election is held; ``(2) through paying or offering to pay any person for voting; ``(3) through the procurement or submission of voter registrations that contain false material information, or omit material information; or ``(4) through the filing of any report required to be filed under State law regarding an election campaign that contains false material information or omits material information, shall be fined under this title, imprisoned for not more than 20 years, or both. ``(c) Whoever, being a public official or an official or employee of the United States, a State, a political subdivision of a State, or an Indian tribal government, in a circumstance described in subsection (d), defrauds or endeavors to defraud, by any scheme or artifice, the inhabitants of the United States, a State, a political subdivision of a State, or Indian country of the right to have the affairs of the United States, the State, political subdivision, or Indian tribal government conducted on the basis of complete, true, and accurate material information, shall be fined under this title, imprisoned for not more than 20 years, or both. ``(d) The circumstances referred to in subsections (a), (b), and (c) are that-- ``(1) for the purpose of executing or concealing such scheme or artifice or attempting to do so, the person so doing-- ``(A) places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing; ``(B) transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce any writings, signs, signals, pictures, or sounds; ``(C) transports or causes to be transported any person or thing, or induces any person to travel in or to be transported in, interstate or foreign commerce; or ``(D) in connection with intrastate, interstate, or foreign commerce, engages the use of a facility of interstate or foreign commerce; ``(2) the scheme or artifice affects or constitutes an attempt to affect in any manner or degree, or would if executed or concealed so affect, interstate or foreign commerce; or ``(3) as applied to an offense under subsection (b), an objective of the scheme or artifice is to secure the election of an official who, if elected, would have some authority over the administration of funds derived from an Act of Congress totaling $10,000 or more during the 12-month period immediately preceding or following the election or date of the offense. ``(e) Whoever defrauds or endeavors to defraud, by any scheme or artifice, the inhabitants of the United States of the honest services of a public official or person who has been selected to be a public official shall be fined under this title, imprisoned for not more than 20 years, or both. ``(f) Whoever, being an official, public official, or person who has been selected to be a public official, directly or indirectly discharges, demotes, suspends, threatens, harasses, or in any manner discriminates against an employee or official of the United States, a State, a political subdivision of a State, or an Indian tribal government, or endeavors to do so, in order to carry out or to conceal any scheme or artifice described in this section, shall be fined under this title, imprisoned for not more than 5 years, or both. ``(g) For the purposes of this section-- ``(1) the term `official' includes-- ``(A) any person employed by, exercising any authority derived from, or holding any position in an Indian tribal government or the government of a State or any subdivision of the executive, legislative, judicial, or other branch of government thereof, including a department, independent establishment, commission, administration, authority, board, and bureau, and a corporation or other legal entity established and subject to control by a government or governments for the execution of a governmental or intergovernmental program; ``(B) any person acting or pretending to act under color of official authority; and ``(C) any person who has been nominated, appointed, or selected to be an official or who has been officially informed that such person will be so nominated, appointed, or selected; ``(2) the terms `public official' and `person who has been selected to be a public official' have the meanings stated in section 201(a) and shall also include any person acting or pretending to act under color of official authority; ``(3) the term `State' means a State of the United States, the District of Columbia, Puerto Rico, and any other commonwealth, territory, or possession of the United States; and ``(4) the term `under color of official authority' includes any person who represents that such person controls, is an agent of, or otherwise acts on behalf of an official, a public official, or a person who has been selected to be a public official.''. (b) Technical Amendments.--(1) The table of sections for chapter 11 of title 18, United States Code, is amended by adding at the end thereof the following item: ``226. Public corruption.''. (2) Section 1961(1) of title 18, United States Code, is amended by inserting ``section 226 (relating to public corruption),'' after ``section 224 (relating to sports bribery),''. (3) Section 2516(1)(c) of title 18, United States Code, is amended by inserting ``section 226 (relating to public corruption),'' after ``section 224 (bribery in sporting contests),''. SEC. 202. FRAUD IN INTERSTATE COMMERCE. (a) Amendment of Title 18 of the United States Code.--Section 1343 of title 18, United States Code, is amended-- (1) by striking ``transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds'' and inserting ``in connection with intrastate, interstate, or foreign commerce, engages the use of a facility of interstate or foreign commerce''; and (2) by inserting ``or attempting to do so'' after ``for the purpose of executing such scheme or artifice''. (b) Technical Amendments.--(1) The heading of section 1343 of title 18, United States Code, is amended to read as follows: ``Sec. 1343. Fraud by use of facility of interstate commerce''. (2) The chapter analysis for chapter 63 of title 18, United States Code, is amended by striking the analysis for section 1343 and inserting the following: ``1343. Fraud by use of facility of interstate commerce.''. SEC. 203. PRESERVATION OF THE EFFECT OF STATE LAW THAT PROVIDES GREATER PROTECTION AGAINST VOTE FRAUD. In the case of any conflict between the provisions of this Act and any provision of the civil or criminal law of any State, the law of the State shall prevail to the extent that such State law provides for more stringent suppression of vote fraud than this Act.

National Voter Registration Enhancement Act of 1993 - Title I: Voter Registration Enhancement - Authorizes appropriations to the Attorney General for block grants to States to enhance voter registration for elections for Federal office, including registration at State departments of motor vehicles. Makes the Attorney General and the chief election officials of each State responsible for coordination of respective Federal and State functions. Title II: Public Corruption - Sets forth criminal penalties for using interstate commerce to defraud citizens of the honest services of government officials or for fraudulently conducted elections.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ansar al-Sharia Terrorist Designation Act of 2013''. SEC. 2. REPORT ON DESIGNATION OF THE LIBYAN FACTIONS OF ANSAR AL-SHARIA AS A FOREIGN TERRORIST ORGANIZATION. (a) Findings.--Congress finds the following: (1) Ansar al-Sharia Benghazi first announced itself in February 2012. The group is led by Muhammad al-Zahawi, who had previously been an inmate of former President Muammar al- Qaddafi's infamous Abu Salim prison. (2) On August 6, 2013, the Department of Justice filed sealed criminal charges against Ahmed Abu Khattalah, a senior commander within Libya's Islamist militia Ansar al-Sharia. According to the Wall Street Journal, Mr. Abu Khattalah was seen at the United States consulate in Benghazi during the September 11, 2012, attack that killed United States Ambassador Christopher Stevens, Sean Smith, Tyrone Woods, and Glen Doherty. (3) On October 17, 2012, the New York Times reported that Libyan authorities named Ahmed Abu Khattalah as a commander in the September 11, 2012, attack on the United States consulate in Benghazi. (4) On August 8, 2013, the Washington Institute for Near East Peace issued a report in which it highlights Ansar al- Sharia's establishment of training camps in Libya for jihadists preparing to fight with extremist rebels in Syria. (5) Abu Sufian Bin Qumu, leader of the Ansar al-Sharia faction in Darnah, Libya, is a former Guantanamo Bay inmate with close al-Qaeda ties. Bin Qumu was an associate of Usama bin Laden and is believed to maintain connections to senior al- Qaeda members. (6) According to a report published by the Library of Congress in August 2012, Ansar al-Sharia ``has increasingly embodied al Qaeda's presence in Libya, as indicated by its active social-media propaganda, extremist discourse, and hatred of the West, especially the United States''. (7) According to a report published by the Library of Congress in August 2012, al-Qaeda's senior leadership in Pakistan has dispatched operatives to Libya to establish a clandestine terrorist network there. The report concluded that al-Qaeda is on the verge of a fully operational network inside Libya, and Ansar al-Sharia is one of the brands employed by al Qaeda operatives. (b) Report.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall, in consultation with the intelligence community, submit to the appropriate congressional committees-- (A) a detailed report on whether the Libyan faction of Ansar al-Sharia, meets the criteria for designation as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); and (B) if the Secretary of State determines that the Libyan faction of Ansar al-Sharia does not meet such criteria, a detailed justification as to which criteria have not been met. (2) Form.--The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex if appropriate. (3) Definitions.--In this subsection: (A) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (i) the Committee on Homeland Security and Governmental Affairs, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (ii) the Committee on Homeland Security, the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (B) Intelligence community.--The term ``intelligence community'' has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that the Libyan faction of Ansar al- Sharia meets the criteria for designation as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) and should be designated as such. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act may be construed to infringe upon the sovereignty of the Government of Libya to combat militant or terrorist groups operating inside the boundaries of Libya.

Ansar al-Sharia Terrorist Designation Act of 2013 - Directs the Secretary of State to report to Congress on whether the Libyan faction of Ansar al-Sharia meets the criteria for designation as a foreign terrorist organization, and if not, a detailed justification as to which criteria have not been met. Expresses the sense of Congress that the Libyan faction of Ansar al-Sharia should be designated as a foreign terrorist organization.

SECTION 1. SHORT TITLE. This Act may be cited as the ``TechCorps Act''. SEC. 2. OPM DATABASE OF TECHCORPS-ELIGIBLE POSITIONS. (a) In General.--Not later than 60 days after the date of enactment of this Act, the Director of the Office of Personnel Management shall establish and maintain an electronic database of job vacancies across the Government relating to information technology. The Director shall consult with each Federal agency in establishing and periodically updating the database. (b) Publication.--The database of vacant positions described under subsection (a) shall be published and available on the USA Jobs Internet Web site, and each position in the database shall be described on such Web site as a ``TechCorps-eligible position''. SEC. 3. ESTABLISHMENT OF TECHCORPS. Section 122(a) of the National and Community Service Act of 1990 (42 U.S.C. 12572(a)) is amended by adding at the end the following: ``(6) Techcorps.--The Corporation shall enter into an interagency agreement (other than a grant agreement) with another Federal agency under section 121(b) to carry out a TechCorps program under which-- ``(A) individuals apply to service as a TechCorps member-- ``(i) prior to graduating from a program of study at institution of education leading to degree or certificate relating to information technology, but not earlier than the last academic year of such program of study; or ``(ii) after graduating from such a program of study; ``(B) individuals described in subparagraph (A)(i) are recruited not earlier than the last academic year of their program of study; ``(C) individuals described in subparagraph (A) desiring to serve as TechCorps members shall commit to employment with the Federal agency in a job relating to information technology for not less than a 2-year period; and ``(D) upon receiving and accepting such employment, such an individual shall be a TechCorps member, which membership may not exceed a 4-year period.''. SEC. 4. LOAN DEFERMENT AND LOAN FORGIVENESS. (a) Loan Deferment.--Section 455(f)(2) of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended-- (1) in subparagraph (C), by striking ``or'' at the end; (2) in subparagraph (D), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(E) during which the borrower is serving as a TechCorps member under section 122(a)(6) of the National and Community Service Act of 1990 (42 U.S.C. 12572(a)(6)).''. (b) Loan Forgiveness.--Part D of title IV of the Higher Education Act of 1965 is amended by adding at the end the following: ``SEC. 460A. LOAN FORGIVENESS FOR TECHCORPS MEMBERS. ``(a) Program Authorized.--The Secretary shall carry out a program of canceling the obligation to repay a qualified loan amount in accordance with subsection (b) for loans made under this part to any borrower who-- ``(1) has served as a TechCorps member under section 122(a)(6) of the National and Community Service Act of 1990 (42 U.S.C. 12572(a)(6)) for not less than a 2-year period; and ``(2) is not in default on any loans for which the borrower seeks forgiveness. ``(b) Qualified Loan Amount.-- ``(1) Two years of service.--The Secretary shall cancel an amount equal to 50 percent of the loan obligation on any loans made under this part to a borrower described in subsection (a) that are outstanding after the borrower's completion of 2 years of service as a TechCorps member. ``(2) Additional years of service.--Subject to paragraph (3), with respect to a borrower who receives the loan cancellation under paragraph (1) after the completion of the 2 years of service required under such paragraph, and-- ``(A) who serves for an additional year as a TechCorps member upon completion of such 2 years of service, the Secretary shall cancel an amount equal to 50 percent of the loan obligation on any loans made under this part to the borrower that are outstanding after the borrower's completion of such additional year of service; and ``(B) who serves for a second additional year as a TechCorps member upon completion of the additional year of service described in subparagraph (A), the Secretary shall cancel the loan obligation on any loans made under this part to the borrower that are outstanding after the borrower's completion of such second additional year of service. ``(3) Maximum amount.--The aggregate loan obligation of a borrower that may be cancelled under this section may not exceed the amount equal to the maximum aggregate amount of Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans that may be awarded to a dependent student under this part. ``(c) Tax Treatment.--The amount of a loan, and interest on a loan, which is canceled under this section shall not be considered income for purposes of the Internal Revenue Code of 1986. ``(d) Prevention of Double Benefits.--No borrower may, for the same voluntary service, receive a benefit under both this section and-- ``(1) section 428K; ``(2) section 455(m); or ``(3) subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.).''. SEC. 5. GAO STUDY ON IT STAFFING NEEDS OF THE FEDERAL GOVERNMENT. Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall-- (1) study the projected staffing needs for jobs related to information technology in the Federal Government during the 10- year period beginning on the date of enactment of this Act, including the number of such jobs that will become available or will be created during such period; and (2) submit to Congress the results of such study.

TechCorps Act This bill requires the Office of Personnel Management to establish and maintain an electronic database of job vacancies across the government relating to information technology (IT). The database shall be published on the USAJobs website and shall describe such vacancies as TechCorps-eligible positions. The National and Community Service Act of 1990 is amended to direct the Corporation for National and Community Service to enter into an agreement with a federal agency to carry out a TechCorps program, under which: individuals apply to service as TechCorps members prior to or after graduating from a program of study at an institution of education leading to a degree or certificate relating to IT, individuals are recruited in their last academic year, TechCorps members commit to employment with the federal agency in an IT-related job for at least two years, and individuals accepting such employment shall be TechCorps members for up to four years. The Higher Education Act of 1965 is amended to provide that a borrower of a loan under the William D. Ford Federal Direct Loan Program shall be eligible to defer payments for any period during which the borrower is serving as a TechCorps member. The Department of Education shall carry out a program of canceling a specified amount of the loan obligation amount of borrowers who: (1) serve as a TechCorps member for at least two years, and (2) are not in default. The Government Accountability Office shall study and report to Congress on projected staffing needs for IT-related jobs in the federal government over the next ten years.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Hotel Advertising Act of 2016''. SEC. 2. FINDINGS. Congress makes the following findings: (1) As of the day before the date of the enactment of this Act, hotel rooms are often advertised at a rate and later in the buying process mandatory fees are disclosed that were not included in the advertised room rate. (2) The mandatory fees described in paragraph (1) are sometimes called by names such as ``resort fees'' or ``facility fees'' and they are all mandatory and charged by the hotel in addition to advertised room rates. (3) The number of hotels that charged a mandatory resort fees is growing as of the day before the date of the enactment of this Act. (4) Advertising that does not reflect the true mandatory cost of a hotel stay is deceptive. (5) The Federal Trade Commission has authority under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to regulate and prohibit unfair or deceptive acts or practices in or affecting commerce. (6) In 2012, the Federal Trade Commission exercised its authority under section 5 to issue warning letters to 22 hotel operators. In that letter, the Commission cautioned hotel operators that mandatory resort fees could confuse consumers in violation of section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)). SEC. 3. PROHIBITION ON UNFAIR AND DECEPTIVE ADVERTISING OF HOTEL ROOM RATES. (a) Prohibition.--No person with respect to whom the Federal Trade Commission is empowered under section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)) may advertise in interstate commerce a rate for a hotel room that does not include all required fees other than taxes and fees imposed by a government. (b) Enforcement by Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of subsection (a) by a person subject to such subsection shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Powers of commission.-- (A) In general.--The Federal Trade Commission shall enforce this section 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. (B) Privileges and immunities.--Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (C) Rulemaking.-- (i) In general.--The Commission may promulgate such rules as the Commission considers appropriate to enforce this section. (ii) Procedures.--The Commission shall carry out any rulemaking under clause (i) in accordance with section 553 of title 5, United States Code. (c) Enforcement by States.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to subsection (a) in a practice that violates such subsection, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief. (2) Rights of federal trade commission.-- (A) Notice to federal trade commission.-- (i) In general.--Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action against a person subject to subsection (a). (ii) Contents.--The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception.--If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by federal trade commission.--The Commission may-- (i) intervene in any civil action brought by the attorney general of a State under paragraph (1) against a person described in subsection (d)(1); and (ii) upon intervening-- (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (3) Investigatory powers.--Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) Preemptive action by federal trade commission.--If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of subsection (c), the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (5) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in-- (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. (6) Actions by other state officials.-- (A) In general.--In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision.--Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. (d) Effective Date.--Subsection (a) shall take effect on the date that is 30 days after the date of the enactment of this Act.

Truth in Hotel Advertising Act of 2016 This bill prohibits certain entities that are subject to the enforcement authority of the Federal Trade Commission (FTC) from advertising a rate for a hotel room that does not include all required fees other than taxes and fees imposed by a government. Violations are to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act. The bill sets forth authority for the FTC and states to enforce against such violations.