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SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Support Security Act''. SEC. 2. NO EFFECT ON RIGHTS AND LIABILITIES. Nothing in this Act shall be construed to affect-- (1) the right of an individual or State to receive any child support payment; or (2) the obligation of an individual to pay child support. SEC. 3. INCLUSION IN INCOME OF AMOUNT OF UNPAID CHILD SUPPORT PAYMENTS. (a) In General.--Section 108 of the Internal Revenue Code of 1986 (relating to discharge of indebtedness income) is amended by adding at the end thereof the following new subsection: ``(h) Unpaid Child Support Payments.-- ``(1) In general.--For purposes of this chapter, any taxable unpaid child support payments of a taxpayer for any taxable year shall be treated as amounts includible in gross income of the taxpayer for the taxable year by reason of the discharge of indebtedness of the taxpayer. ``(2) Taxable unpaid child support payments.--For purposes of this subsection, the term `taxable unpaid child support payments' means payments-- ``(A) which were applicable child support payments which the taxpayer was required to pay under a support instrument for the support of a child of the taxpayer, and ``(B) with respect to which the notice requirements of paragraph (3) are met. ``(3) Notice requirements.-- ``(A) In general.--During January of the second calendar year following a calendar year in which there begins a taxable year for which a deduction allowed under section 166(f) was claimed, the eligible taxpayer shall send a notice (in such form as the Secretary may prescribe) to the individual who failed to make payments which contains-- ``(i) the amount of the applicable child support payments for such taxable year, and ``(ii) notice that the individual is required to include such amount in gross income for the taxable year beginning in the preceding calendar year. ``(B) Notice by secretary.--If notice cannot be provided under subparagraph (A) because the address is not known to the eligible taxpayer, the Secretary shall send such notice if the address is available to the Secretary. ``(C) Address unknown.--If notice cannot be provided under subparagraph (A) or (B) because there is no known address, no income shall be included in gross income for any taxable year beginning before the calendar year preceding the calendar year in which such notice may be sent. ``(4) Subsequent payments.--If any payment required to be included in gross income under paragraph (1) is subsequently made, the amount of such payment shall be allowed as a deduction for the taxable year in which such payment is made. ``(5) Definitions.--For purposes of this subsection, the terms `applicable child support payments' and `eligible taxpayer' have the meanings given such terms by section 166(f).'' (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997. SEC. 4. ALLOWANCE OF BAD DEBT DEDUCTION FOR UNPAID CHILD SUPPORT PAYMENTS. (a) In General.--Section 166 of the Internal Revenue Code of 1986 (relating to deduction for bad debts) is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f) Unpaid Child Support Payments.-- ``(1) In general.--In the case of any eligible taxpayer who has any applicable child support payments remaining unpaid as of the close of the taxable year-- ``(A) subsections (a) and (d) shall not apply to such payments, and ``(B) there shall be allowed as a deduction for such taxable year an amount equal to the amount of such payments. ``(2) Per child limitation on deduction.--The aggregate amount allowable as a deduction for any taxable year under paragraph (1) with respect to any child for whom applicable child support payments are required to be paid shall not exceed $5,000. ``(3) Eligible taxpayer.--For purposes of this subsection, the term `eligible taxpayer' means an individual-- ``(A) whose adjusted gross income for the taxable year does not exceed $50,000, ``(B) with respect to whom the amount of applicable child support payments remaining unpaid as of the close of the taxable year is equal to or greater than $500, and ``(C) who meets the identification requirements of paragraph (5). ``(4) Applicable child support payment.-- ``(A) In general.--The term `applicable child support payment' means, with respect to any taxable year of the eligible taxpayer-- ``(i) any periodic payment of a fixed amount, or ``(ii) any payment of a medical or educational expense, insurance premium, or other similar item, which is required to be paid to such taxpayer during such taxable year by an individual under a support instrument meeting the requirements of paragraph (8) for the support of any qualifying child of such individual. ``(B) Qualifying child.--For purposes of this paragraph, the term `qualifying child' means a child of an eligible individual with respect to whom a deduction is allowable under section 151 for the taxable year (or would be so allowable but for paragraph (2) or (4) of section 152(e)). ``(C) Payments must be delinquent for at least entire year.--Any payment described in subparagraph (A) which is required to be made by an individual to an eligible taxpayer shall not be treated as an applicable unpaid child support payment if at least half of the payments which are required to be paid to the eligible taxpayer during the 12-month period ending on the last day of the taxable year are paid. In the case of the 1st taxable year to which this subsection applies to payments from any individual, the preceding sentence shall be applied by substituting `24-month' for `12- month'. ``(D) Coordination with afdc.--The term `applicable child support payment' shall not include any payment the right to which has been assigned to a State under section 402(a)(26) of the Social Security Act (42 U.S.C. 602(a)(26)). ``(5) Identification requirements.--The requirements of this paragraph are met if the eligible taxpayer includes on the return claiming the deduction under this subsection the name, address, and taxpayer identification number of-- ``(A) each child with respect to whom child support payments to which this subsection applies are required to be paid, and ``(B) the individual who was required to make such child support payments. In the case of a failure to provide the information under subparagraph (B), the preceding sentence shall not apply if the eligible taxpayer certifies that any such information is not known. ``(6) Cost-of-living adjustments.--In the case of any taxable year beginning after 1998, the $50,000 amount under paragraph (2)(A), the $50,000 amount under paragraph (3)(A), and the $500 amount under paragraph (3)(B) shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, except that section 1(f)(3)(B) shall be applied by substituting `1997' for `1992'. ``(7) Subsequent payments.--If any payment with respect to which a deduction was allowed under paragraph (1) is subsequently made, such payment shall be included in gross income of the eligible taxpayer for the taxable year in which paid. This paragraph shall not apply to any amount if an individual has assigned the right to receive such amount to a State (and the State does not pay such amount to such individual). ``(8) Support instrument.--For purposes of this subsection, a support instrument meets the requirements of this paragraph if it is-- ``(A) a decree of divorce or separate maintenance or a written instrument incident to such a decree, ``(B) a written separation agreement, or ``(C) a decree (not described in subparagraph (A)) of a court or administrative agency requiring a parent to make payments for the support or maintenance of 1 or more children of such parent.'' (b) Deduction for Nonitemizers.--Section 62(a) of such Code is amended by inserting after paragraph (16) the following new paragraph: ``(17) Unpaid child support payments.--The deduction allowed by section 166(f).'' (c) Conforming Amendment.--Section 166(d)(2) of such Code is amended by striking ``or'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, or'' and by adding at the end thereof the following new subparagraph: ``(C) a debt which is an applicable child support payment under subsection (f).'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997. SEC. 5. REDUCTION OF FEDERAL DEBT. Net revenues received in the Treasury pursuant to this Act shall be applied, as provided in appropriation Acts, solely to the retirement of outstanding public debt obligations of the United States and may not be obligated or expended for any other purpose, notwithstanding any other provision of law that does not specifically refer to this section.	Child Support Security Act - Amends the Internal Revenue Code relating to discharge of indebtedness income to provide that any taxable unpaid child support payments of a taxpayer for any taxable year shall be treated as amounts includible in the taxpayer's gross income by reason of the discharge of the taxpayer's indebtedness. Sets forth notice guidelines. Allows an eligible taxpayer with respect to whom child support payments remain unpaid during the taxable year a deduction of up to $5,000 equal to the amount of payments remaining unpaid. Limits such deductions to taxpayers with adjusted gross incomes under $50,000 and unpaid child support payments of $500 or more. Requires that net revenues received in the Treasury pursuant to this Act be applied solely to the retirement of outstanding Federal debt obligations and not be obligated or expended for any other purpose.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Heritage Firearms Act of 2011''. SEC. 2. AMNESTY PERIOD FOR VETERANS TO REGISTER QUALIFYING FIREARMS. (a) Definitions.--In this section: (1) Amnesty period.--The term ``amnesty period'' means the 90-day period beginning on the date that is 90 days after the date of enactment of this Act. (2) Applicable veteran.--The term ``applicable veteran'' means, with respect to a firearm, the veteran referred to in paragraph (7)(A) with respect to the firearm. (3) Continental united states.--The term ``continental United States''-- (A) means the several States and the District of Columbia; and (B) does not include Alaska or Hawaii. (4) Family.-- (A) In general.--The term ``family'' means, with respect to a veteran-- (i) a grandparent of the veteran; (ii) the spouse of the veteran; (iii) a lineal descendant of a grandparent described in clause (i); and (iv) the spouse of a lineal descendant described in clause (iv). (B) Special rules.--For purposes of subparagraph (A)-- (i) a spouse of an individual who is legally separated from the individual under a decree of divorce or separate maintenance shall be deemed to be the spouse of the individual; and (ii) an individual shall be deemed to be a lineal descendant of a grandparent of a veteran if the individual is-- (I) the biological child of an individual who is the spouse of a lineal descendant of the grandparent; (II) adopted by a lineal descendant of the grandparent; or (III) a lineal descendant of an individual described in subclause (I) or (II). (5) Firearm.--The term ``firearm''-- (A) has the meaning given the term in section 5845 of the Internal Revenue Code of 1986; and (B) does not include-- (i) any device described in section 5845(f)(1) of the Internal Revenue Code of 1986; or (ii) any combination of parts-- (I) designed or intended for use in converting any device into a device described in clause (i); or (II) from which a device described in clause (i) may be readily assembled. (6) National firearms registration and transfer record.-- The term ``National Firearms Registration and Transfer Record'' means the National Firearms Registration and Transfer Record established under section 5841 of the Internal Revenue Code of 1986. (7) Qualifying firearm.-- (A) In general.--The term ``qualifying firearm'' means any firearm that was acquired-- (i) before October 31, 1968; and (ii) by a veteran, while the veteran was-- (I) a member of the Armed Forces; and (II) stationed outside the continental United States. (B) Presumption of validity.--In the absence of clear and convincing evidence to the contrary, the Attorney General shall accept as true and accurate any affidavit, document, or other evidence submitted by an individual to establish that a firearm meets the requirements of subparagraph (A). (8) Veteran.--The term ``veteran'' has the meaning given that term in section 101(2) of title 38, United States Code. (b) Registration.--Subject to such regulations as the Attorney General may prescribe, during the amnesty period an applicable veteran or a member of the family of the applicable veteran who owns and possesses a qualifying firearm may register the qualifying firearm in the National Firearms Registration and Transfer Record. (c) Hearings.--If the Attorney General determines that an individual may not register a firearm under subsection (b) during the amnesty period, the Attorney General, on the request of the individual, shall-- (1) provide the individual any evidence on which the decision by the Attorney General is based; and (2) promptly hold a hearing to review the determination. (d) Limited Immunity.-- (1) Criminal liability under title 18.--An individual who registers a qualifying firearm under subsection (b)-- (A) shall be treated, for purposes of subsections (a)(3) and (o) of section 922 of title 18, United States Code, as having lawfully acquired and possessed the qualifying firearm before the date of the enactment of chapter 44 of such title and of each provision of such chapter; and (B) shall not be liable for any violation of such chapter that-- (i) is based solely on the ownership, possession, transportation, importation, or alteration of the qualifying firearm by the individual; and (ii) occurred at or before the time at which the individual registered the qualifying firearm. (2) Criminal liability under internal revenue code.--Except as provided in paragraph (3), an individual who registers a qualifying firearm under subsection (b) shall not be liable for a violation of chapter 53 or 75 of the Internal Revenue Code of 1986 with respect to the qualifying firearm that occurred at or before the time at which the individual registered the qualifying firearm. (3) Transfer tax liability.--Paragraph (2) shall not affect the liability of any individual for any transfer tax imposed under section 5811 of the Internal Revenue Code of 1986. (4) Attempts to register.--In the case of an applicable veteran or a member of the family of the applicable veteran who attempts to register a qualifying firearm in the National Firearms Registration and Transfer Record at a time other than during the amnesty period, paragraphs (1), (2), and (3) shall apply with respect to the individual if the individual surrenders the qualifying firearm to a law enforcement agency not later than 30 days after notification by the Attorney General of potential criminal liability for continued possession of the qualifying firearm. (e) Forfeiture.--A qualifying firearm registered under subsection (b) shall not be subject to seizure or forfeiture under chapter 53 or 75 of the Internal Revenue Code of 1986 or chapter 44 of title 18, United States Code, for a violation of any such chapter with respect to the qualifying firearm that occurred at or before the time at which the individual registered the firearm. (f) Notice; Forms; Mailbox Rule.-- (1) Notice of amnesty period.--The Attorney General shall provide clear printed notices providing information regarding the amnesty period and registering a qualifying firearm during the period. To the extent feasible, the Attorney General shall ensure that the notices are posted in post offices, law enforcement buildings, buildings of the Department of Veterans Affairs, and businesses of licensed firearms dealers. (2) Forms.--The Attorney General shall make available any forms necessary for registering a firearm in the National Firearms Registration and Transfer Record. To the extent feasible, the Attorney General shall make such forms available in the locations referred to in paragraph (1) and through the website of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. (3) Mailbox rule.--For purposes of this section, the Attorney General shall treat any form that is postmarked during the amnesty period as being received during the amnesty period. SEC. 3. TRANSFER OF FIREARMS TO MUSEUMS. (a) Transfer of Forfeited Curio or Relic Firearms to Museums.-- (1) Definitions.--In this subsection: (A) Curio or relic firearm.--The term ``curio or relic firearm'' means any firearm (as defined in section 2(a)(5)) that is treated as a curio or relic under chapter 44 of title 18, United States Code. (B) Qualified museum.--The term ``qualified museum'' means-- (i) any museum owned or operated by the Federal Government or a State or local government; and (ii) any museum that-- (I) is open to the public; (II) is incorporated as a nonprofit corporation under applicable State law; (III) may possess a firearm in the collection of the museum under the laws of the State in which the collection is displayed; (IV) holds a license under chapter 44 of title 18, United States Code, as a collector of curios or relics; and (V) certifies to the Attorney General that-- (aa) the museum is not engaged in the trade or business of buying or selling curio or relic firearms; (bb) with respect to the transfer of any curio or relic firearm under paragraph (2), the museum is not requesting the transfer of the curio or relic firearm for purpose of sale; and (cc) the museum shall, not later than 90 days after the museum ceases operations, file an application pursuant to chapter 53 of the Internal Revenue Code of 1986 to transfer any machinegun transferred to the museum under paragraph (2) to an entity or person who may lawfully possess the machinegun under section 922(o) of title 18, United States Code, or abandon the machinegun to Federal, State, or local law enforcement authorities. (2) Transfer.--The Attorney General shall transfer each curio or relic firearm that is forfeited to the United States to the first qualified museum that submits a request for the curio or relic firearm in such form and manner as the Attorney General may specify. (3) Destruction of forfeited curio or relic firearms prohibited.--The Attorney General shall not destroy any curio or relic firearm that is forfeited to the United States until the end of the 5-year period beginning on the date of the forfeiture. (4) Catalogue of curio or relic firearms.--With respect to each curio or relic firearm that is available to be transferred to a qualified museum under paragraph (2), the Attorney General shall, not later than 60 days after the date of the forfeiture of the curio or relic firearm, publish information which identifies the curio or relic firearm (including a picture) on the website of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The information shall be available to the public without cost and without restriction. (5) Registration of curio or relic firearms.--Any curio or relic firearm transferred under paragraph (2) to a qualified museum shall be registered to the transferee in the National Firearms Registration and Transfer Record. (b) Transfer of Machineguns to Museums.--Section 922(o)(2) of title 18, United States Code, is amended-- (1) in subparagraph (A), by striking ``or'' at the end; (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following: ``(B) a transfer to or by, or possession by, a museum that is open to the public and incorporated as a nonprofit corporation under applicable State law; or''.	Veterans' Heritage Firearms Act of 2011 - Provides a 90-day amnesty period during which veterans and their family members can register in the National Firearms Registration and Transfer Record any firearm acquired before October 31, 1968, by a veteran while a member of the Armed Forces stationed outside the continental United States. Grants such an individual limited immunity under the federal criminal code and the Internal Revenue Code with respect to the acquisition, possession, transportation, or alteration of such qualifying firearm at or before the time at which the individual registered the qualifying firearm. Extends such immunity to a veteran who attempts to register a qualifying firearm outside of the amnesty period if the veteran surrenders the firearm within 30 days after being notified of potential criminal liability for continued possession. Requires the Attorney General to: (1) transfer each curio or relic firearm that is forfeited to the United States to the first qualified museum that requests it, and (2) publish information identifying each such firearm which is available to be transferred to a museum. Requires that any firearm transferred to a qualified museum be registered to the transferee. Makes a prohibition against transfer or possession of a machine-gun inapplicable to a transfer to or by, or possession by, a museum which is open to the public and incorporated as a nonprofit corporation under applicable state law.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Health for Future Generations Act of 2007''. SEC. 2. INCREASE IN HSA CONTRIBUTION LIMITATION. (a) In General.--Subsection (b) of section 223 of the Internal Revenue Code of 1986 (relating to monthly limitation) is amended-- (1) by striking ``$2,250'' in paragraph (2)(A) and inserting ``the amount in effect under subsection (c)(2)(A)(ii)(I)'', and (2) by striking ``$4,500'' in paragraph (2)(B) and inserting ``the amount in effect under subsection (c)(2)(A)(ii)(II)''. (b) Conforming Amendment.--Paragraph (1) of section 223(g) of such Code is amended by striking ``subsections (b)(2)'' and inserting ``subsection''. (c) Effective Date.--The amendments made by this section shall apply to contributions in taxable years beginning after December 31, 2007. SEC. 3. MEDICARE AND VA HEALTHCARE ENROLLEES ELIGIBLE TO CONTRIBUTE TO HSA. (a) In General.--(1) Subsection (b) of section 223 of the Internal Revenue Code of 1986 is amended by striking paragraph (7). (2) Subsection (c) of section 223 of such Code (relating to definitions and special rules) is amended by adding at the end to following new paragraph: ``(6) Special rule for individuals entitled to benefits under medicare or enrolled for health benefits from va.--In the case of an individual-- ``(A)(i) who is entitled to benefits under title XVIII of the Social Security Act, and ``(ii) with respect to whom a health savings account is established in a month before the first month such individual is entitled to such benefits, or ``(B)(i) who is enrolled in the patient enrollment system established by the Secretary of Veterans Affairs pursuant to section 1705 of title 38, United States Code, and ``(ii) with respect to whom a health savings account is established in a month before the first month such individual is enrolled in such system, such individual shall be deemed to be an eligible individual.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 4. EXPANDING ADDITIONAL CONTRIBUTIONS LIMITATION. (a) In General.-- (1) Age limitation.--Subparagraph (A) of section 223(b)(3) of the Internal Revenue Code of 1986 (relating to additional contributions for individuals 55 or older) is amended by striking ``age 55'' and inserting ``age 50''. (2) Contribution limitation.--The table contained in section 223(b)(3) of such Code is amended-- (A) by striking ``$900'' and inserting ``$2,000'', and (B) by striking ``$1,000'' and inserting ``$2,000''. (3) Conforming amendment.--Paragraph (3) of section 223(b) of such Code is amended in the heading by striking ``55'' and inserting ``50''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 5. ELIGIBILITY TO CONTRIBUTE TO HSA. (a) Individuals Eligible for Reimbursement Under Spouse's Flexible Spending Arrangement.--Section 223(c)(1) of the Internal Revenue Code of 1986 (defining eligible individual) is amended by adding at the end the following new subparagraph: ``(C) Special rule for certain flexible spending arrangements.--For purposes of subparagraph (A)(ii), an individual shall not be treated as covered under a health plan described in such subparagraph merely because the individual is covered under a flexible spending arrangement (within the meaning of section 106(c)(2)) which is maintained by an employer of the spouse of the individual, but only if-- ``(i) the employer is not also the employer of the individual, and ``(ii) the individual certifies to the employer and to the Secretary (in such form and manner as the Secretary may prescribe) that the individual and the individual's spouse will not accept reimbursement under the arrangement for any expenses for medical care provided to the individual.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 6. PERMITTING MEDICARE SUPPLEMENTAL POLICY AS QUALIFIED MEDICAL EXPENSE. (a) In General.--Clause (iv) of section 223(d)(2)(C) of the Internal Revenue Code of 1986 (relating to qualified medical expenses) is amended by striking ``other than a medicare supplemental policy'' and all that follows through ``Social Security Act)''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 7. DEDUCTION OF PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS. ``(a) Deduction Allowed.--In the case of an individual, there shall be allowed as a deduction for the taxable year the aggregate amount paid by the taxpayer as premiums under a high deductible health plan with respect to months during such year for which such individual is an eligible individual with respect to such health plan. ``(b) Definitions.--For purposes of this section-- ``(1) Eligible individual.--The term `eligible individual' means an individual who-- ``(A) is described in section 223(c)(1), and ``(B) is the taxpayer or the taxpayer's spouse and dependents. ``(2) High deductible health plan.--The term `high deductible health plan' has the meaning given such term by section 223(c)(2). ``(c) Special Rules.-- ``(1) Deduction limits.-- ``(A) Deduction allowable for only 1 plan.--For purposes of this section, in the case of an individual covered by more than 1 high deductible health plan for any month, the individual may only take into account amounts paid for such month for the plan with the lowest premium . ``(B) Plans covering ineligible individuals.--If 2 or more individuals are covered by a high deductible health plan for any month but only 1 of such individuals is an eligible individual for such month, only 50 percent of the aggregate amount paid by such eligible individual as premiums under the plan with respect to such month shall be taken into account for purposes of this section. ``(2) Group health plan coverage.-- ``(A) In general.--No deduction shall be allowed for an individual under subsection (a) for any amount paid for coverage under a high deductible health plan for a month if that individual participates in any coverage under a group health plan (within the meaning of section 5000 without regard to section 5000(d)). For purposes of the preceding sentence, an arrangement which constitutes individual health insurance shall not be treated as a group health plan if such arrangement is a high deductible health plan (as defined in section 223(c)(2)), or is a payment by an employer or employee organization with respect to such high deductible health plan , notwithstanding that an employer or employee organization negotiates the cost or benefits of such arrangement. ``(B) Exception for plans only providing contributions to health savings accounts.--Subparagraph (A) shall not apply to an individual if the individual's only coverage under a group health plan for a month consists of contributions by an employer to a health savings account with respect to which the individual is the account beneficiary. ``(C) Exception for certain permitted coverage.-- Subparagraph (A) shall not apply to an individual if the individual's only coverage under a group health plan for a month is coverage described in clause (i) or (ii) of section 223(c)(1)(B). ``(3) Medical and health savings accounts.--Subsection (a) shall not apply with respect to any amount which is paid or distributed out of an Archer MSA or a health savings account which is not included in gross income under section 220(f) or 223(f), as the case may be. ``(4) Coordination with deduction for health insurance of self-employed individuals.--Any amount taken into account by the taxpayer in computing the deduction under section 162(l) shall not be taken into account under this section. ``(5) Coordination with medical expense deduction.--Any amount taken into account by the taxpayer in computing the deduction under this section shall not be taken into account under section 213.''. (b) Deduction Allowed Whether or Not Individual Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting before the last sentence at the end the following new paragraph: ``(22) Premiums for high deductible health plans.--The deduction allowed by section 224.''. (c) Coordination With Section 35 Health Insurance Costs Credit.-- Section 35(g)(2) of such Code (relating to coordination with other deductions) is amended by striking ``or 213'' and inserting ``, 213, or 224''. (d) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as an item relating to section 225 and by inserting before such item the following new item: ``Sec. 224. Premiums for high deductible health plans.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 8. MODIFYING SAFE HARBOR RULES FOR DEDUCTIBLES FOR HIGH DEDUCTIBLE HEALTH PLANS. (a) In General.-- (1) Deductible for prescribed drugs.--Subparagraph (C) of section 223(c)(2) of the Internal Revenue Code of 1986 (defining high deductible health plan) is amended by striking ``a deductible for preventative care'' and all that follows and inserting the following: ``a deductible for-- ``(i) preventive care (within the meaning of section 1861 of the Social Security Act, except as otherwise provided by the Secretary), or ``(ii) a prescribed drug (as defined in section 213).''. (2) Individual deductible limit for family plans.--Section 223(c)(2) of such Code is amended by adding at the end the following new subparagraph: ``(E) Special rule for family coverage.--A health plan providing family coverage shall not fail to meet the requirements of subparagraph (A)(i)(II) merely because the plan elects to provide both-- ``(i) an aggregate annual deductible limit for all individuals covered by the plan which is not less than the amount in effect under subparagraph (A)(i)(II), and ``(ii) an annual deductible limit for each individual covered by the plan which is not less than the amount in effect under subparagraph (A)(i)(I).''. (3) Conforming amendment.--Subparagraph (C) of section 223(c)(2) of such Code is amended in the heading by inserting ``or prescribed drug'' after ``preventive care''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 9. MSA PLAN DEDUCTIBLE EXCEPTION FOR PREVENTIVE CARE. (a) In General.--Paragraph (3) of section 1859(b) of the Social Security Act (42 U.S.C. 1359w-28(b)) is amended by adding at the end the following new subparagraph: ``(C) Exception for absence of preventive care deductible.--A plan shall not fail to be treated as a MSA plan by reason of failing to have a deductible for preventive care (within the meaning of such term as applied for purposes of section 223(c)(2)(C) of the Internal Revenue Code of 1986).''. (b) Effective Date.--The amendment made by this section shall take effect on January 1, 2008. SEC. 10. PERMITTING INDIVIDUAL CONTRIBUTIONS TO MEDICARE ADVANTAGE MSA. (a) In General.--Paragraph (2) of section 138(b) of the Internal Revenue Code of 1986 (defining Medicare Advantage MSA) is amended by striking ``or'' at the end of subparagraph (A), by inserting ``or'' at the end of subparagraph (B), and by adding at the end the following new subparagraph: ``(C) any contributions by or for the benefit of the account holder (other than a contribution described in subparagraph (A)) for the taxable year, the sum of which do not exceed the difference of-- ``(i) the amount of the annual deductible (described in section 1859(b)(3)(B) of the Social Security Act) for the MSA plan in which the individual is enrolled, over ``(ii) the amount of contributions described in subparagraph (A) for the taxable year,''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 11. ALLOWING MSA AND HSA ROLLOVER TO ADULT CHILD OF ACCOUNT HOLDER. (a) MSAs.--(1) Subparagraph (A) of section 220(f)(8) of the Internal Revenue Code of 1986 (relating to treatment after death of account holder) is amended-- (A) by inserting ``or adult child'' after ``surviving spouse'', (B) by inserting ``or adult child, as the case may be,'' after ``the spouse'', and (C) by inserting ``or adult child'' after ``spouse'' in the heading thereof. (2) Paragraph (8) of section 220(f) of such Code is amended by adding at the end the following new subparagraph: ``(C) Adult child.--For purposes of this paragraph, the term `adult child' means an individual-- ``(i) who is a child of the deceased individual, and ``(ii) with respect to whom a deduction under section 151 would not be allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins.''. (b) HSAs.--(1) Subparagraph (A) of section 223(f)(8) of such Code (relating to treatment after death of account beneficiary) is amended-- (A) by inserting ``or adult child'' after ``surviving spouse'', (B) by inserting ``or adult child, as the case may be,'' after ``the spouse'', and (C) by inserting ``or adult child'' after ``spouse'' in the heading thereof. (2) Paragraph (8) of section 223(f) of such Code is amended by adding at the end the following new subparagraph: ``(C) Adult child.--For purposes of this paragraph, the term `adult child' has the meaning given to such term by section 220(f)(8)(C).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 12. PERMITTING MEDICARE ADVANTAGE MSA FUNDS TO BE USED FOR WELLNESS AND FITNESS PROGRAMS. (a) In General.--Paragraph (1) of section 138(c) of the Internal Revenue Code of 1986 (relating to special rules for distributions) is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(C) qualified medical expenses shall include amounts paid to a gym for enrollment in a wellness or fitness program.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007.	Promoting Health for Future Generations Act of 2007 - Amends the Internal Revenue Code to: (1) increase the tax deduction for contributions to health savings accounts (HSAs); (2) allow Medicare and veterans health care beneficiaries to establish and contribute to HSAs; (3) allow individuals age 50 or older (currently, age 55 or older) to make additional HSA contributions and to increase the allowable amount of such contributions; (4) treat Medicare supplemental insurance premiums as a tax deductible medical expense; (5) allow a new tax deduction for high deductible health plan premiums; (6) allow individual contributions to a Medicare Advantage medical savings account (MSA); (7) allow adult children of holders of HSAs and MSAs to inherit such accounts; and (8) allow MSA funds to be used for wellness and fitness programs. Amends title XVIII (Medicare) of the Social Security Act to allow MSAs to provide preventive care without requiring a deductible for expenses related to such care.
SECTION 1. PROCEDURES. (a) In General.--Chapter 4 of title 39, United States Code, is amended by adding at the end the following: ``Sec. 414. Provisions relating to certain improperly arrested individuals ``(a) Not later than 90 days after the date of the enactment of this section, the Judicial Officer shall by regulation establish procedures under which any individual described in subsection (b)(1)(A) may seek reemployment under this section. ``(b) The regulations shall include provisions under which-- ``(1) a petition for reemployment may be brought-- ``(A) by any individual involuntarily separated from a position in the Postal Service as a result of having been arrested by the Postal Inspection Service-- ``(i) after December 31, 1983; ``(ii) pursuant to any investigation in which one or more paid confidential informants were used; ``(iii) for violating any law of the United States, or of any State, prohibiting the use, sale, or possession of a controlled substance; but only if such individual-- ``(I) is not convicted, pursuant to such arrest, of a violation of any law described in clause (iii); and ``(II) has not been reemployed by the Postal Service; and ``(B) after all administrative procedures otherwise available to petitioner for seeking reemployment have been exhausted, but not later than 2 years after the date as of which-- ``(i) the exhaustion requirement is met; or ``(ii) if later, any such petition may first be filed under this section; ``(2) a petition for reemployment under this section shall be considered by a panel of 3 administrative law judges who shall be-- ``(A) qualified by virtue of their background, objectivity, and experience; and ``(B) individuals detailed to the Postal Service, for purposes of this section, on a reimbursable basis; ``(3) the provisions of sections 556 and 557 of title 5 shall apply to any proceeding conducted by a panel under this section; ``(4) a panel may require the Postal Service to reemploy the petitioner if, in the panel's judgment, the petitioner was improperly arrested due to the actions of the Inspection Service or its paid confidential informants; ``(5)(A) paragraph (4) shall not be considered satisfied unless-- ``(i) the position in which the petitioner is reemployed is reasonably similar to the position from which the petitioner was separated; and ``(ii) the rate of pay for the position in which petitioner is reemployed is not less than the rate which would have been payable to petitioner, as of the date of reemployment, had the petitioner remained continuously employed in the position from which separated; and ``(B) the provisions of section 5596(b) (1) and (2) of title 5 shall (for purposes of this section) apply with respect to any separation referred to in paragraph (1)(A) of this subsection, except that the total amount of back pay (including interest) which may be awarded under such provisions by any panel (described in paragraph (2)) may not, in connection with any particular separation, exceed $100,000; ``(6) the Postal Service shall be required to contribute to the Civil Service Retirement and Disability Fund for the benefit of petitioner an amount equal to that required (under regulations which the Office of Personnel Management shall prescribe) in order that, with respect to the period beginning on the date of involuntary separation and ending on the date of reemployment, petitioner shall, for retirement purposes, be treated as if such separation had not occurred; and ``(7) any payments required under this section shall be payable out of the Postal Service Fund. ``(c) A determination under this section shall not be subject to any administrative or judicial review. ``(d) For purposes of this section-- ``(1) the term `Judicial Officer' means the Judicial Officer appointed under section 204; ``(2) the term `controlled substance' has the meaning given such term by section 102(6) of the Controlled Drug Abuse Prevention and Control Act of 1970; ``(3) the term `administrative law judge' means an administrative law judge appointed under section 3105 of title 5; and ``(4) a confidential informant shall be considered to be `paid' if such informant receives, or is to receive, a monetary or nonmonetary benefit (including any forbearance from a civil or criminal action) for the services involved.''. (b) Chapter Analysis.--The analysis for chapter 4 of title 39, United States Code, is amended by adding at the end the following: ``414. Provisions relating to certain improperly arrested individuals.''. Passed the House of Representatives October 5, 1994. Attest: DONNALD K. ANDERSON, Clerk.	Requires the Judicial Officer of the Postal Service to establish procedures under which specified individuals involuntarily separated from the Postal Service may seek reemployment. Lists such individuals as persons separated as a result of having been arrested by the Postal Inspection Service: (1) after December 31, 1983; (2) pursuant to any investigation in which paid confidential informants were used; and (3) for violating any law prohibiting the use, sale, or possession of controlled substances. Authorizes an individual to petition for reemployment only if the individual was not convicted of the violation and has exhausted all administrative procedures for seeking reemployment within a specified time frame. Requires petitions to be considered by a panel of administrative law judges. Authorizes a panel to require the Postal Service to reemploy the petitioner if the petitioner was improperly arrested due to the actions of the Inspection Service or its informants. Requires the position in which the petitioner is reemployed to be reasonably similar to the position from which the petitioner was separated and the pay to be equivalent. Provides for back pay and retroactive contributions to the Civil Service Retirement and Disability Fund for reemployed individuals.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Sarah Weber Home Infusion Consumer Protection Act of 1995''. SEC. 2. LICENSING OF PROVIDERS OF HOME INFUSION THERAPY SERVICES. (a) Requirement.-- (1) License requirement.--No person shall provide (or arrange for the provision of) home infusion therapy services in a State unless the person is licensed by the State in accordance with this section to provide (or arrange for the provision of) such services. (2) Licensing procedure.--No State shall license a person to provide (or arrange for the provision of) home infusion therapy services unless the State finds that the person meets the standards for licensing established under this section. (3) Exception.--Paragraph (1) shall not apply in the case of an individual providing home infusion therapy services without compensation for himself or herself or for a family or household member. (b) Standards.-- (1) In general.--The Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') shall establish standards for the licensing of persons providing (or arranging for the provision of) home infusion therapy services consistent with this subsection. (2) Supervision.--A person licensed under this section shall only provide (or arrange for the provision of) home infusion therapy services to an individual who is under the care of a physician and under a plan established and periodically reviewed by a physician. (3) Provider qualifications.--A person shall not be licensed consistent with this section unless the person-- (A) has been determined to be capable of providing, or arranging for the provision of, home infusion therapy services; (B) maintains clinical records on all individuals for whom the person provides (or arranges for the provision of) such services; (C) adheres to written protocols and policies with respect to the provision (or arrangement for the provision) of services; (D) makes services available (as needed) 7 days a week on a 24-hour basis; (E) coordinates all home infusion therapy services with the patient's physician; (F) conducts a quality assessment and assurance program, including drug regimen review and coordination of patient care; (G) assures that only trained (or licensed if necessary) personnel provide infusion products (and any other service for which training is required to safely provide the service); (H) assumes responsibility for the quality of services provided by others under arrangements with such person; (I) establishes appropriate protocols and explains such protocols clearly to patients before the initiation of a treatment plan; (J) is certified to be a home health agency for purposes of title XVIII of the Social Security Act or meets the requirements to be so certified; and (K) meets such other requirements as the Secretary may determine are necessary (i) to assure the safe and effective provision of home infusion therapy services, and (ii) respecting the quality of the provision of such services and the charges for such services. A protocol referred to in subparagraph (I) shall include a provision for appropriate notification of individuals receiving home infusion therapy services in the event of the cancellation of the provision of those services. (c) Enforcement.-- (1) Providers.--Any person who provides (or arranges for the provision of) home infusion therapy services in violation of subsection (a)(1) is subject to a civil money penalty (in an amount specified by the Secretary, but not to exceed $10,000) for each such violation. The Secretary may file an action to enjoin persons from violating subsection (a)(1). (2) States.--The Secretary shall establish a process for determining whether or not a State is complying with the requirement of subsection (a)(2). Before determining that a State has not established a licensing system that complies with such requirement, the Secretary shall provide the State with notice and opportunity to respond and correct any deficiencies identified by the Secretary. (d) Authorization of Appropriations; State Grants; Licensing Fees.-- (1) Authorization of appropriations.--There are authorized to be appropriated to the Secretary such amounts as may be necessary for the Secretary to carry out this section. (2) Startup grants.--The Secretary is authorized to make grants to States in order to enable those States initially to establish the licensing system required under subsection (a)(2). (3) Licensing fees.--Nothing in this Act shall be construed as preventing a State from requiring payment of a fee from a provider as a condition of licensing under subsection (a)(1) in order to reimburse the State for the costs of operating the licensing system provided under subsection (a)(2). SEC. 3. LIMITATION ON PHYSICIAN REFERRALS. (a) General Rule.--Except as provided in this section, if a physician (or an immediate family member of such physician) has a financial relationship with an entity described in section 1877(a)(2) of the Social Security Act, then the physician may not make a referral to the entity for the furnishing of home infusion therapy services. (b) Incorporation of Medicare Physician Ownership and Referral Provisions.--The provisions of subsections (b) through (h) of section 1877 of the Social Security Act (other than subsections (f) and (g)(1)) shall apply with respect to subsection (a) of this section in the same manner as they apply to section 1877(a) of such Act. In applying the previous sentence, any reference to a ``designated health service'' is deemed to be a reference to home infusion therapy services. (c) Treatment of Prescription as a Referral.--In applying subsection (b) and in addition to section 1877(h)(5) of the Social Security Act, the prescription of a drug to be administered through home infusion constitutes a ``referral'' by a ``referring physician''. SEC. 4. HOME INFUSION THERAPY SERVICES DEFINED. For purposes of this Act, the term ``home infusion therapy services'' means the nursing, pharmacy, and related services, including medical supplies, intravenous fluids, delivery, and equipment, required for the provision of therapeutic agents to patients by parenteral administration, including intravenous, intra-arterial, subcutaneous, epidural, intrathecal, intramuscular, and peritoneal infusion, by an enteral feeding tube for the purpose of improving or maintaining an individual's health condition in the individual's residence. SEC. 5. STUDY OF MEDICARE IN-HOME COVERAGE OF CERTAIN INFUSION THERAPY SERVICES. (a) In General.--The Secretary shall conduct a study of the feasibility and economic impact of covering under part B of title XVIII of the Social Security Act on an in-home basis those infusion therapy services that would otherwise be covered under part A of such title. (b) Report.--The Secretary shall submit to Congress, by not later than one year after the date of the enactment of this Act, a report on the study conducted under subsection (a). Such report shall include such recommendations respecting coverage of home infusion therapy services under part B of title XVIII of the Social Security Act as the Secretary deems appropriate. SEC. 6. EFFECTIVE DATES. (a) Licensing Requirement.-- (1) In general.--Except as provided in paragraph (2), section 2(a) shall apply to home infusion therapy services provided on or after the first day of the first month that begins more than 90 days after the date of the enactment of this Act, without regard to whether or not the Secretary Services issues final regulations to carry out such section by such date. (2) Exception where state legislation required.--In the case of a State which the Secretary determines requires State legislation (other than legislation appropriating funds) in order for the State to provide for the licensing required under section 2(a)(2), section 2(a) shall not apply in the State for home infusion therapy services provided before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. (b) Limitation on Referrals.--Section 3 shall apply to referrals made after December 31, 1995.	Sarah Weber Home Infusion Consumer Protection Act of 1995 - Prohibits any: (1) person from providing home infusion therapy services in a State unless the person is licensed by the State to provide such services; and (2) State from licensing such a person unless the person meets licensing standards established under this Act. Authorizes appropriations. Authorizes grants to States for establishing the licensing system. Prohibits a physician who has a financial relationship with an entity described in specified provisions of title XVIII (Medicare) of the Social Security Act from making a referral to such an entity for the furnishing of such services. Makes Medicare physician ownership and referral provisions applicable to this Act. Specifies that the prescription of a drug to be administered through home infusion shall constitute a referral by a physician.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Persian Gulf War Illness Compensation Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Although the majority of veterans of the Armed Forces who served in the Persian Gulf War returned from the Southwest Asia theater of operations to normal activities, many of those veterans have experienced a range of unexplained illnesses, including chronic fatigue, muscle and joint pain, loss of concentration, forgetfulness, headache, and rash. (2) Those veterans were potentially exposed during that war to a wide range of biological and chemical agents, including sand, smoke from oil-well fires, paints, solvents, insecticides, petroleum fuels and their combustion products, organophosphate nerve agents, pyridostigmine bromide, depleted uranium, anthrax and botulinum toxoid vaccinations, and infectious diseases, in addition to other psychological and physiological stresses. (3) Section 1117 of title 38, United States Code, enacted on November 2, 1994, by the Persian Gulf War Veterans' Benefits Act (title I of Public Law 103-446), provides for the payment of compensation to Persian Gulf veterans suffering from a chronic disability resulting from an undiagnosed illness (or combination of undiagnosed illnesses) that became manifest to a compensable degree within a period prescribed by regulation. (4) The Secretary of Veterans Affairs prescribed regulations under section 1117 of title 38, United States Code, that interpreted that section so as to limit compensation to Persian Gulf veterans with illnesses that ``cannot be attributed to any known clinical diagnosis''. (5) In a report dated September 7, 2000, the Institute of Medicine of the National Academy of Sciences indicated that it was not asked to determine whether an identifiable medical syndrome referred to as ``Gulf War Syndrome'' exists and suggested that the Secretary of Veterans Affairs, in developing a compensation program for Persian Gulf veterans, consider the health effects that may be associated with exposures to specific agents that were present in the Southwest Asia theater of operations during the Persian Gulf War. SEC. 3. COMPENSATION OF VETERANS OF PERSIAN GULF WAR WHO HAVE CERTAIN ILLNESSES. (a) Presumptive Period for Undiagnosed Illnesses Program.--Section 1117 of title 38, United States Code, is amended-- (1) in subsection (a)(2), by striking ``within the presumptive period prescribed under subsection (b)'' and inserting ``before December 31, 2011, or such later date as the Secretary may prescribe by regulation''; and (2) by striking subsection (b). (b) Undiagnosed Illnesses.--Such section, as amended by subsection (a), is further amended by inserting after subsection (a) the following new subsection (b): ``(b)(1) For purposes of this section, the term `undiagnosed illness' means illness manifested by symptoms or signs the cause, etiology, or origin of which cannot be specifically and definitely identified, including poorly defined illnesses such as fibromyalgia, chronic fatigue syndrome, autoimmune disorder, and multiple chemical sensitivity. The attribution of one or more of the symptoms to a disability that is not an undiagnosed illness shall not preclude other symptoms from being considered a manifestation of an undiagnosed illness. ``(2) For purposes of paragraph (1), signs or symptoms that may be a manifestation of an undiagnosed illness include the following: ``(A) Fatigue. ``(B) Unexplained rashes or other dermatological signs or symptoms. ``(C) Headache. ``(D) Muscle pain. ``(E) Joint pain. ``(F) Neurologic signs or symptoms. ``(G) Neuropsychological signs or symptoms. ``(H) Signs or symptoms involving the respiratory system (upper or lower). ``(I) Sleep disturbances. ``(J) Gastrointestinal signs or symptoms. ``(K) Cardiovascular signs or symptoms. ``(L) Abnormal weight loss. ``(M) Menstrual disorders.''. (c) Presumption of Service Connection Program.--Section 1118(a) of such title is amended by adding at the end the following new paragraph: ``(4) For purposes of this section, the term `undiagnosed illness' has the meaning given that term in section 1117(b) of this title.''. (d) Effective Date.--(1) For purposes of section 5110(g) of title 38, United States Code-- (A) the amendments to section 1117 of title 38, United States Code, made by subsections (a) and (b) shall take effect as of November 2, 1994; and (B) the amendment to section 1118 of title 38, United States Code, made by subsection (c) shall take effect as of October 21, 1998. (2) The second sentence of section 5110(g) of title 38, United States Code, shall not apply in the case of an award, or increased award, of compensation pursuant to the amendments made by this section if the date of application therefor is not later than one year after the date of the enactment of this Act.	Persian Gulf War Illness Compensation Act of 2001 - Amends a veterans' benefits program of compensation for disabilities occurring in veterans of the Persian Gulf War to: (1) require such disabilities, to be compensable, to occur before December 31, 2011, or such later date as prescribed by the Secretary of Veterans Affairs; (2) define an "undiagnosed illness" in such veterans as one manifested by specified symptoms or signs the cause, etiology, or origin of which cannot be specifically and definitely identified; and (3) include an undiagnosed illness having such a symptom or sign within the presumption of being service-connected and therefore treatable as a service-connected disability.
SECTION 1. SHORT TITLE. This Act may be cited as the ``America's Fund for Future Opportunities and Outcomes in the United States Act of 2013'' or ``America's FOCUS Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States faces increasing competition from countries with populations of a billion or more inhabitants, who contribute to the human capital of these countries and improve their performance in the global economy. (2) To ensure that the United States retains its leadership position in the global economy, the United States should maximize the opportunities and outcomes of its citizenry. (3) The United States can achieve this goal by investing in STEM education and character development for youth, justice reinvestment efforts, and innovations in medical research and development. (4) To fund these investments in the public interest, the United States should use revenue generated by acts perpetrated against the public interest. (5) As corporate and financial wrongdoing touches the lives of all Americans, revenue generated by such acts should serve as the basis for these investments. (6) This revenue should be used to assist programs and organizations seeking to better the Nation through their work in the youth mentoring, justice reinvestment, and medical research fields. (7) In 1998, Congress issued Federal charters to the Boys and Girls Clubs of America and Big Brothers Big Sisters of America in recognition of their work helping children reach their full potential and succeed in American public life. Youth mentoring organizations still carry out this work and are putting children on the path to self-sufficiency. These organizations include-- (A) the Boys and Girls Clubs of America; (B) Big Brothers Big Sisters of America; (C) National CARES Mentoring Movement; (D) the First Tee; (E) Amachi; (F) FIRST Robotics; (G) the U.S. DREAM Academy; (H) GEAR UP; (I) the YMCA; (J) Civil Air Patrol; (K) the National Council of Youth Sports; (L) Girls Inc.; and (M) National Urban League. (8) Innovations in medical research and development significantly benefit the American people. For example, through innovations in the diagnosis and treatment of life-threatening diseases, Americans are now living longer and more productive lives, contributing to the economic growth of the United States. Additional investments in medical research and development will contribute to overall public health and productivity in America. (9) Through participation in the Justice Reinvestment Initiative, State governments have implemented evidence-based criminal justice reforms. These reforms are cost effective, redirecting revenue to better serve the public safety needs of local communities. In addition, these reforms have decreased risks of recidivism and instituted alternatives to incarceration for non-violent offenders. According to a July 2013 report from the Urban Institute, States participating in the Justice Reinvestment Initiative may achieve $3.3 billion in savings over the next 10 years. Additional funding to the Initiative would better enable State and local governments to carry out this work and achieve these savings. SEC. 3. AMERICA'S FOCUS FUND. (a) Establishment.--There is established in the Treasury a separate account to be known as the America's FOCUS Fund (hereafter in this Act referred to as the ``Fund''). (b) Revenue Deposited in Fund.--Except as provided in subsection (c), the Secretary of the Treasury shall deposit in the Fund-- (1) all revenue generated by civil and criminal fines and penalties for the violation or alleged violation of Federal law; (2) all revenue generated by legal settlements reached between corporations and the Federal Government for the violation or alleged violation of Federal law; and (3) any gift, bequest, or donation to the Fund from a private entity or individual, if such gift, bequest, or donation does not attach any condition inconsistent with Federal law or regulations. (c) Exceptions.--The Secretary may not deposit in the Fund-- (1) revenue designated for deposit in the Crime Victims Fund established by section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601); or (2) revenue that has been designated by Federal law or court order for deposit in a fund other than the General Fund. (d) Use of Funds.-- (1) In general.--Revenue in the Fund shall be used for the following purposes: (A) Youth mentoring grants.--Not more than 33 percent of the total revenue in the Fund as calculated on a quarterly basis shall be used to award grants for evidence-based youth mentoring and STEM education, in the manner provided in section 4. (B) Justice reinvestment grants.--Not more than 33 percent of the total revenue in the Fund as calculated on a quarterly basis shall be used to award grants for evidence-based justice reinvestment, in the manner provided in section 5. (C) Medical innovation grants.--Not more than 33 percent of the total revenue in the Fund as calculated on a quarterly basis shall be used to award grants and prizes for innovations in medical research and development, in the manner provided in section 6. (D) Reducing the federal debt.--The Secretary shall use the remaining revenue for Federal budget deficit reduction or, if there is no Federal budget deficit for the fiscal year, for reducing the Federal debt in such manner as the Secretary considers appropriate. (2) Requirement to supplement, not supplant other funds.-- Grant funds awarded under this Act shall be used to supplement, and not supplant, other Federal, State, and local funds designated to carry out the activities funded by the grants. (e) Retention of Sums in Fund.--Sums deposited in the Fund shall remain in the Fund and be available for expenditure for grants under this Act without fiscal year limitation. SEC. 4. YOUTH MENTORING GRANTS. (a) In General.-- (1) Youth mentoring grants.--The Secretary of Education, in cooperation with the Federal Mentoring Council, shall award grants to eligible entities that provide evidence-based youth mentoring programs, using the revenue designated for such purpose in subparagraph (A) of section 3(d)(1). (2) STEM education grants.--The Associate Administrator for Education for the National Aeronautics and Space Administration shall award grants to eligible entities that offer STEM education to individuals under the age of 21, using the revenue designated for such purpose in subparagraph (A) of section 3(d)(1). (b) Eligible Entity.--An entity is eligible for a grant under this section if it is-- (1) a national non-profit, community-based organization with at least 2 years of experience in administering STEM education programs or youth mentoring programs; or (2) a State or local government. (c) Application.--An entity seeking to receive a grant under this section shall submit an application at such time and in such form as the Secretary may reasonably require. (d) Distribution of Funds.--Of the funds available under this section, 25 percent shall be allocated for the award of grants to State and local governments. (e) Use of Funds.-- (1) State and local governments.-- (A) In general.--A State or local government that receives a grant under this section shall distribute the grant funds to non-profit, community-based organizations and local educational agencies within the jurisdiction of such government that provide evidence- based mentoring or STEM education to individuals under the age of 21. (B) Funds reserved for vulnerable youth.--A State or local government that receives grant funds under this section shall allocate not less than 50 percent of such funds for distribution to organizations described in subparagraph (A) that provide evidence-based mentoring or STEM education to vulnerable youth. (2) Other entities.-- (A) In general.--An organization other than a State or local government that receives a grant under this section shall use the grant funds to establish or expand one or more programs that provide evidence-based mentoring or STEM education to individuals under the age of 21. (B) Funds reserved for persistent poverty counties.--An organization other than a State or local government that receives grant funds under this section shall allocate not less than 10 percent of such funds for programs that provide evidence-based mentoring or STEM education in persistent poverty counties. (f) Annual Award of Grants.--To the extent funds are available, the grants under this section shall be awarded at least once during each fiscal year, with the first grants to be awarded within 90 days after the date of the enactment of this Act. (g) Definitions.--In this section: (1) STEM education program.--The term ``STEM education program'' means a program to educate students in one or more of the following disciplines: science, technology, engineering, or mathematics. (2) Persistent poverty counties.--The term ``persistent poverty counties'' means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990, 2000, and 2010 decennial censuses. (3) Vulnerable youth.--The term ``vulnerable youth'' includes individuals under the age of 21-- (A) who experience emotional and adjustment problems; (B) who have left or are at risk of leaving secondary school without a diploma; (C) who lack the skills to succeed in the workforce after graduation; (D) who live in an unstable family or community environment; (E) who are involved in the juvenile justice system; (F) who are homeless or live in foster care; (G) who have physical or mental disabilities; (H) who receive special education; (I) who are or have been victims of human trafficking; or (J) who live in neighborhoods with high rates of illegal drug use. SEC. 5. JUSTICE REINVESTMENT GRANTS. (a) In General.--The Attorney General shall use the revenue designated for justice reinvestment grants in subparagraph (B) of section 3(d)(1) to fund evidence-based justice reinvestment projects as part of the Justice Reinvestment Initiative and programs established under the Second Chance Act within the Department of Justice. (b) Use of Funds.-- (1) State and local governments.-- (A) In general.--Except as provided in paragraphs (2) and (3), 50 percent of the funds under this section shall be used to award grants to State and local governments for evidence-based justice reinvestment projects. (B) Funds reserved for persistent poverty counties.--The Attorney General shall allocate not less than 10 percent of such funds for projects that support persistent poverty counties. (2) Federal government.--The Attorney General may use not more than 25 percent of the funds under this section to support Federal justice reinvestment projects. (3) Second chance act programs.--The Attorney General shall allocate not more than 25 percent of the funds in this section to grant programs established under the Second Chance Act within the Department of Justice. (c) Application.--An entity seeking to receive a grant under this section shall submit an application at such time and in such form as the Attorney General may reasonably require. (d) Annual Award of Grants.--To the extent funds are available, the Attorney General shall award grants under this section at least once during each fiscal year, with the first grants to be awarded within 90 days after the date of the enactment of this Act. (e) Persistent Poverty Counties Defined.--In this section, the term ``persistent poverty counties'' means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990, 2000, and 2010 decennial censuses. SEC. 6. MEDICAL INNOVATION GRANTS. (a) In General.--The Director of the National Institutes of Health shall use the revenue designated for medical innovation in subparagraph (C) of section 3(d)(1) to fund entities that conduct innovative medical research and development. (b) Use of Funds.-- (1) Grants.-- (A) In general.--Except as provided in paragraph (2), the funds available under this section shall be used to award grants to entities that conduct innovative medical research and development to provide faster cures for medical ailments and diseases. (B) Application.--An entity seeking to receive a grant under this paragraph shall submit an application at such time and in such form as the Director may reasonably require. (2) Prizes.--The Director may use not more than 15 percent of the funds available under this section to award monetary prizes to entities that have used their own funding and research facilities to produce innovative results in medical research and development. (c) Annual Award of Grants and Prizes.--To the extent funds are available, the Director of the National Institutes of Health shall award the grants and prizes under this section at least once during each fiscal year, with the first grants and prizes to be awarded within 90 days after the date of the enactment of this Act.	America's Fund for Future Opportunities and Outcomes in the United States Act of 2013 or the America's FOCUS Act of 2013 - Establishes a separate account in the U.S. Treasury to be known as the America's FOCUS Fund, into which shall be deposited: (1) revenue generated by civil and criminal fines and penalties for violations or alleged violations of federal law; (2) revenue generated by legal settlements reached between corporations and the federal government for violations or alleged violations of federal law; and (3) gifts, bequests, or donations to the Fund from private entities or individuals. Requires that, of the total revenue in the Fund: (1) up to 33% be used to award grants for youth mentoring and science, technology, engineering, and mathematics (STEM) education; (2) up to 33% be used to award grants for justice reinvestment; (3) up to 33% be used to award grants and prizes for innovations in medical research and development; and (4) the remaining revenue be used to reduce the federal budget deficit or, if there is no deficit, to reduce the federal debt. Directs the Secretary of Education to award the grants for youth mentoring programs, and the Associate Administrator for Education for the National Aeronautics and Space Administration (NASA) to award the grants for STEM education programs, to: (1) national non-profit, community-based organizations with at least two years of experience in administering such programs; and (2) state or local governments. Requires that, of the funds available for justice reinvestment, the Department of Justice (DOJ): (1) award 50% to state and local governments for justice reinvestment projects, (2) use up to 25% of the funds to support federal justice reinvestment projects, and (3) allocate up to 25% of the funds to grant programs established under the Second Chance Act within DOJ. Requires the Director of the National Institutes of Health (NIH) to use the revenue designated for medical innovation to fund entities that conduct innovative medical research and development. Authorizes the Director to use up to 15% of those funds to award monetary prizes to entities that have used their own funding and research facilities to produce innovative results. Requires that the grant funds be used to supplement, not supplant, other federal, state, and local funds designated to carry out those activities.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Children Against Crime Act of 2003''. SEC. 2. NO STATUTE OF LIMITATIONS FOR CHILD ABDUCTION AND SEX CRIMES. (a) Statute of Limitations.-- (1) In general.--Chapter 213 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 3297. Child abduction and sex offenses ``Notwithstanding any other provision of law, an indictment may be found or an information instituted at any time without limitation for any offense under section 1201 involving a minor victim, and for any felony under chapter 109A, 110, or 117, or section 1591.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 213 of title 18, United States Code, is amended by adding at the end the following new item: ``3297. Child abduction and sex offenses.''. (b) Application.--The amendments made by this section shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section. SEC. 3. REGISTRATION OF CHILD PORNOGRAPHERS IN THE NATIONAL SEX OFFENDER REGISTRY. (a) Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Program.--Section 170101 of subtitle A of title XVII of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071(a)) is amended-- (1) by striking the section heading and inserting the following: ``SEC. 170101. JACOB WETTERLING CRIMES AGAINST CHILDREN AND SEXUALLY VIOLENT OFFENDER REGISTRATION PROGRAM.''; and (2) in subsection (a)(3)-- (A) in clause (vii), by striking ``or'' at the end; (B) by redesignating clause (viii) as clause (ix); and (C) by inserting after clause (vii) the following: ``(viii) production or distribution of child pornography, as described in section 2251, 2252, or 2252A of title 18, United States Code; or''. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Justice, for each of fiscal years 2004 through 2007, such sums as may be necessary to carry out the amendments made by this section. SEC. 4. GRANT PROGRAM FOR NEW TECHNOLOGIES TO IMPROVE AMBER ALERT COMMUNICATIONS PLANS. (a) Program Required.--The Attorney General of the United States shall carry out a program to provide grants to States for the development or enhancement of programs and activities for the support of AMBER Alert communications plans. (b) Activities.--Activities funded by grants under the program under subsection (a) may include the development and implementation of new technologies to improve AMBER Alert communications. (c) Federal Share.--The Federal share of the cost of any activities funded by a grant under the program under subsection (a) may not exceed 50 percent of the total cost thereof. (d) Distribution of Grant Amounts on Geographic Basis.--The Attorney General shall, to the maximum extent practicable, ensure the distribution of grants under the program under subsection (a) on an equitable basis throughout the various regions of the United States. (e) Administration.--The Attorney General shall prescribe requirements, including application requirements, for grants under the program under subsection (a). (f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Department of Justice $5,000,000 for each of fiscal years 2004 through 2007, to carry out this section. (2) Availability.--Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) shall remain available until expended. SEC. 5. NATIONAL RESEARCH COUNCIL STUDY AND REPORT CONCERNING ON-LINE PORNOGRAPHY. (a) Study.--The National Research Council of the National Academy of Sciences shall conduct a study of-- (1) the extent to which it is possible for Internet service providers to monitor Internet traffic to detect illicit child pornography sites on the Internet, and the extent to which they do so; (2) the extent to which purveyors use credit cards to facilitate the sale of illegal child pornography on the Internet; (3) which credit card issuers have in place a system to facilitate the identification of purveyors who use credit cards to facilitate the sale of illicit child pornography; and (4) options for encouraging greater reporting of such illicit transactions to law enforcement officials. (b) Report to Congress.--Not later than 12 months after the date of enactment of this Act, the National Research Council shall submit a report to the Congress on the study conducted under subsection (a). SEC. 6. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.	Protecting Children Against Crime Act of 2003 - Amends the Federal criminal code to provide that no statute of limitations shall apply for specified child abduction and sex offenses.Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to provide for the registration in the national sex offender registry of persons who produce or distribute child pornography.Requires the Attorney General to carry out a program to provide grants to States for the development or enhancement of programs and activities for the support of AMBER Alert communications plans.Directs the National Research Council of the National Academy of Sciences to study: (1) the extent to which Internet service providers can and do monitor Internet traffic to detect illicit child pornography sites; (2) the extent to which purveyors use credit cards to facilitate the sale of illegal child pornography on the Internet; (3) which credit card issuers have a system to facilitate the identification of such purveyors; and (4) options for encouraging greater reporting of such illicit transactions to law enforcement officials.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Overseas Voter Empowerment Act of 2001''. SEC. 2. FINDINGS. Congress finds as follows: (1) National defense is a core responsibility of the Federal Government, which has the sole authority to raise and maintain the military, and the Federal Government has a special responsibility to ensure the voting rights of military members and their families are adequately protected. (2) Over 2,700,000 members of the military and their families are stationed away from their home of record at any given time. (3) The disenfranchisement of military voters has been acknowledged since 1952, when the Subcommittee on Elections of the Committee on House Administration of the House of Representatives conducted hearings on the likely disenfranchisement of military personnel then fighting in the Korean War, and President Truman recommended the enactment of temporary legislation by Congress since it ``should be possible to make all the necessary changes in State laws before the congressional elections of 1954.'' (4) The controversy during the 2000 Federal election over uncounted military absentee ballots has again shown that the votes of many military members and their families have not been counted because of confusing State and local procedures, cumbersome ballot request and submission requirements, and complicated procedures and ballots. (5) Some States do not recognize the rights of military voters and their families to vote in their domicile of origin, further disenfranchising these voters and their families. (6) Therefore, Federal legislation is needed to protect the voting rights of military personnel who serve in defense of our Nation. SEC. 3. GUARANTEE OF RESIDENCY FOR MILITARY PERSONNEL. Article VII of the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. App. 590 et seq.) is amended by adding at the end the following: ``Sec. 704. (a) For purposes of voting for any Federal office (as defined in section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431)) or a State or local office, a person who is absent from a State in compliance with military or naval orders shall not, solely by reason of that absence-- ``(1) be deemed to have lost a residence or domicile in that State, without regard to whether or not the person intends to return to that State; ``(2) be deemed to have acquired a residence or domicile in any other State; or ``(3) be deemed to have become a resident in or a resident of any other State. ``(b) In this section, the term `State' includes a territory or possession of the United States, a political subdivision of a State, territory, or possession, and the District of Columbia.''. SEC. 4. EXTENSION OF REGISTRATION AND BALLOTING RIGHTS FOR ABSENT UNIFORMED SERVICES VOTERS TO STATE AND LOCAL ELECTIONS. (a) In General.--Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is amended-- (1) by inserting ``(a) Elections for Federal Offices.--'' before ``Each State shall--''; and (2) by adding at the end the following: ``(b) Elections for State and Local Offices.--Each State shall-- ``(1) permit absent uniformed services voters to use absentee registration procedures and vote by absentee ballot in general, special, primary, and runoff elections for State and local offices; and ``(2) accept and process, with respect to any election described in paragraph (1), any otherwise valid voter registration application from an absent uniformed services voter if the application is received by the appropriate State election official not less than 30 days before the date of the election.''. (b) Conforming Amendment.--The heading for title I of such Act is amended by striking ``FOR FEDERAL OFFICE''. SEC. 5. TREATMENT OF APPLICATIONS AND ABSENTEE BALLOTS SUBMITTED BY ABSENT UNIFORMED SERVICES VOTERS. (a) In General.--Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1073ff-1), as amended by section 4, is amended by adding at the end the following: ``(c) Mandatory Minimum Period Between Availability of Absentee Ballot and Deadline for Submission for Absent Uniformed Services Voters.--A State shall not refuse to count an otherwise valid absentee ballot submitted in an election for Federal, State, or local office by an absent uniformed services voter on the grounds that the ballot was not submitted in a timely manner if the ballot was submitted not later than 30 days after the date on which the ballot was made available by the State. ``(d) Standard for Invalidation of Ballots Submitted by Absent Uniformed Services Voters.-- ``(1) Fraud.-- ``(A) In general.--A State shall not refuse to count an otherwise valid ballot submitted in an election for Federal office by an absent uniformed services voter on the grounds that the ballot was improperly or fraudulently cast unless the State finds clear and convincing evidence of fraud in the preparation or casting of the ballot by the voter. ``(B) Evidence not considered clear and convincing evidence of fraud.--The lack of a witness signature, address, postmark, or other identifying information shall not be considered clear and convincing evidence of fraud under subparagraph (A), absent other information or evidence. ``(2) No effect on filing deadlines under state law.-- Nothing in this subsection shall be construed to affect the applicability of any ballot submission deadline under State law to absentee ballots submitted by absent uniformed services voters (taking into account the requirements of subsection (c)). ``(e) Prohibiting Refusal of Applications on Grounds of Early Submission.--A State shall not refuse to accept or process, with respect to any general, special, primary, or runoff election for Federal office, any otherwise valid voter registration application or absentee ballot application from an absent uniformed services voter, on the ground that the voter submitted the application before the first date on which the State otherwise accepts or processes such applications from absentee voters.''. (b) Use of Single Application for Absentee Ballots for All Federal Elections.--Section 102(a) of such Act (42 U.S.C. 1973ff-1(a)), as designated by section 4(a), is amended-- (1) by striking ``and'' at the end of paragraph (2); (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following: ``(3) accept and process, with respect to all general, special, primary, and runoff elections for Federal office occurring during a year, any otherwise valid absentee ballot application from an absent uniformed services voter or overseas voter, if a single application for any such election is received by the appropriate State election official not less than 30 days before the first election for Federal office occurring during the year; and''. SEC. 6. GRANTING PROTECTIONS GIVEN TO ABSENT UNIFORMED SERVICES VOTERS TO RECENTLY SEPARATED UNIFORMED SERVICES VOTERS. The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended by inserting after section 104 the following: ``SEC. 104A. COVERAGE OF RECENTLY SEPARATED UNIFORMED SERVICES VOTERS. ``(a) In General.--For purposes of this Act, an individual who is a separated uniformed services voter (or the spouse or dependent of such an individual) shall be treated in the same manner as an absent uniformed services voter with respect to any election occurring during the 60-day period which begins on the date the individual becomes a separated uniformed services voter. ``(b) Separated Uniformed Services Voter Defined.-- ``(1) In general.--In this section, the term `separated uniformed services voter' means an individual who-- ``(A) is separated from the uniformed services; ``(B) was a uniformed services voter immediately prior to separation; ``(C) presents to an appropriate election official Department of Defense form 214, or any other official proof, showing that the individual meets the requirements of subparagraphs (A) and (B); and ``(D) is otherwise qualified to vote with respect to the election involved. ``(2) Uniformed services voter.--In paragraph (1), the term `uniformed services voter' means-- ``(A) a member of a uniformed service on active duty; or ``(B) a member of the merchant marine.''. SEC. 7. ELECTRONIC VOTING DEMONSTRATION PROJECT. (a) In General.--The Secretary of Defense shall carry out a demonstration project under which absent uniformed services voters (as defined in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(1)) are permitted to cast ballots in the regularly scheduled general election for Federal office for November 2002 through an electronic voting system. (b) Coordination With State Election Officials.--To the greatest extent practicable, the Secretary of Defense shall carry out the demonstration project under this section through cooperative agreements with State election officials. (c) Report to Congress.--Not later than June 1, 2003, the Secretary of Defense shall submit a report to Congress analyzing the demonstration project conducted under this section, and shall include in the report any recommendations the Secretary of Defense considers appropriate for continuing the project on an expanded basis during the next regularly scheduled general election for Federal office. SEC. 8. EFFECTIVE DATE. This Act and the amendments made by this Act shall apply with respect to elections occurring after the date of enactment of this Act.	Military Overseas Voter Empowerment Act of 2001 - Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to provide that, for purposes of voting for any Federal, State, or local office, a person who is absent from a State in compliance with military or naval orders shall not, solely by reason of that absence, be deemed to have: (1) lost a residence or domicile in that State, without regard to whether or not the person intends to return to that State; (2) acquired a residence or domicile in any other State; or (3) become a resident in or a resident of any other State.Amends the Uniformed and Overseas Citizens Absentee Voting Act to provide for: (1) extension of registration and balloting rights for absent uniformed services voters to State and local elections; (2) treatment of applications and absentee ballots submitted by absent uniformed services voters; and (3) coverage of recently separated uniformed services voters as absent uniformed services voters.Directs the Secretary of Defense to carry out a demonstration project under which absent uniformed services voters are permitted to cast ballots in the regularly scheduled general election for Federal office for November 2002 through an electronic voting system.
SECTION 1. FINDINGS. The Congress finds as follows: (1) The United States is facing a continuing crisis in writing in schools and in the workplace. (2) Nationwide reports show that nearly \1/3\ of high school graduates are not ready for college-level English composition courses. (3) Writing is a threshold skill for both employment and promotion; deficiencies in writing skills have resulted in annual private-sector costs for providing writing training as high as $3,100,000,000. (4) Writing is a central feature in State and local educational standards in all disciplines. (5) Since 1973, the only national program to address the writing problem in the Nation's schools has been the National Writing Project's network of collaborative university-school programs. (6) Evaluations of the National Writing Project document significant gains in student performance in writing and effective classroom practices. (7) The National Writing Project has become a model for programs to improve teaching in such other fields as mathematics, science, history, civics and government, geography, reading and literature, technology, performing arts, and foreign languages. (8) Each year, more that 135,000 teachers directly benefit from National Writing Project programs in nearly 200 sites located in all 50 States, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands. SEC. 2. REAUTHORIZATION. Subpart 2 of part C of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6701 et seq.) is amended to read as follows: ``Subpart 2--National Writing Project ``SEC. 2331. PURPOSES. ``The purposes of this subpart are-- ``(1) to support and promote the expansion of the National Writing Project network of sites so that teachers in every region of the United States will have access to a National Writing Project program; ``(2) to ensure the consistent high quality of the sites through ongoing review, evaluation, and technical assistance; ``(3) to support and promote the establishment of programs to disseminate effective practices and research findings about the teaching of writing; and ``(4) to coordinate activities assisted under this subpart with activities assisted under this Act. ``SEC. 2332. NATIONAL WRITING PROJECT. ``(a) Authorization.--The Secretary is authorized to award a grant to the National Writing Project, a nonprofit educational organization that has as its primary purpose the improvement of the quality of student writing and learning (hereafter in this section referred to as the `grantee') to improve the teaching of writing and the use of writing as a part of the learning process in our Nation's classrooms. ``(b) Requirements of Grant.--The grant shall provide that-- ``(1) the grantee will enter into contracts with institutions of higher education or other nonprofit educational providers (hereafter in this section referred to as `contractors') under which the contractors will agree to establish, operate, and provide the non-Federal share of the cost of teacher training programs in effective approaches and processes for the teaching of writing; ``(2) funds made available by the Secretary to the grantee pursuant to any contract entered into under this section will be used to pay the Federal share of the cost of establishing and operating teacher training programs as provided in paragraph (1); and ``(3) the grantee will meet such other conditions and standards as the Secretary determines to be necessary to assure compliance with the provisions of this section and will provide such technical assistance as may be necessary to carry out the provisions of this section. ``(c) Teacher Training Programs.--The teacher training programs authorized in subsection (a) shall-- ``(1) be conducted during the school year and during the summer months; ``(2) train teachers who teach grades kindergarten through college; ``(3) select teachers to become members of a National Writing Project teacher network whose members will conduct writing workshops for other teachers in the area served by each National Writing Project site; and ``(4) encourage teachers from all disciplines to participate in such teacher training programs. ``(d) Federal Share.-- ``(1) In general.--Except as provided in paragraph (2) or (3) and for purposes of subsection (a), the term `Federal share' means, with respect to the costs of teacher training programs authorized in subsection (a), 50 percent of such costs to the contractor. ``(2) Waiver.--The Secretary may waive the provisions of paragraph (1) on a case-by-case basis if the National Advisory Board described in subsection (e) determines, on the basis of financial need, that such waiver is necessary. ``(3) Maximum.--The Federal share of the costs of teacher training programs conducted pursuant to subsection (a) may not exceed $150,000 for any one contractor, or $300,000 for a statewide program administered by any one contractor in at least five sites throughout the State. ``(e) National Advisory Board.-- ``(1) Establishment.--The National Writing Project shall establish and operate a National Advisory Board. ``(2) Composition.--The National Advisory Board established pursuant to paragraph (1) shall consist of-- ``(A) national educational leaders; ``(B) leaders in the field of writing; and ``(C) such other individuals as the National Writing Project determines necessary. ``(3) Duties.--The National Advisory Board established pursuant to paragraph (1) shall-- ``(A) advise the National Writing Project on national issues related to student writing and the teaching of writing; ``(B) review the activities and programs of the National Writing Project; and ``(C) support the continued development of the National Writing Project. ``(f) Evaluation.-- ``(1) In general.--The Secretary shall conduct an independent evaluation by grant or contract of the teacher training programs administered pursuant to this subpart. Such evaluation shall specify the amount of funds expended by the National Writing Project and each contractor receiving assistance under this section for administrative costs. The results of such evaluation shall be made available to the appropriate committees of Congress. ``(2) Funding limitation.--The Secretary shall reserve not more than $150,000 from the total amount appropriated pursuant to the authority of subsection (h) for fiscal year 2008, and such sums as may be necessary for each of the 5 succeeding fiscal years, to conduct the evaluation described in paragraph (1). ``(g) Application Review.-- ``(1) Review board.--The National Writing Project shall establish and operate a National Review Board that shall consist of-- ``(A) leaders in the field of research in writing; and ``(B) such other individuals as the National Writing Project deems necessary. ``(2) Duties.--The National Review Board shall-- ``(A) review all applications for assistance under this subsection; and ``(B) recommend applications for assistance under this subsection for funding by the National Writing Project. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this subpart $30,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 5 succeeding fiscal years.''.	Amends the Elementary and Secondary Education Act of 1965 to raise monetary caps on the federal share of National Writing Project teacher training costs. Reauthorizes the National Writing Project through FY2013.
SECTION 1. IMMIGRANTS WITH ADVANCED DEGREES. (a) Worldwide Level.--Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended-- (1) in subsection (a)(3), by inserting ``and immigrants with advanced degrees'' after ``diversity immigrants''; and (2) by amending subsection (e) to read as follows: ``(e) Worldwide Level of Diversity Immigrants and Immigrants With Advanced Degrees.-- ``(1) Diversity immigrants.--The worldwide level of diversity immigrants described in section 203(c)(1) is equal to 18,333 for each fiscal year. ``(2) Immigrants with advanced degrees.--The worldwide level of immigrants with advanced degrees described in section 203(c)(2) is equal to 36,667 for each fiscal year.''. (b) Allocation of Immigrant Visas.--Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153(c)) is amended-- (1) in subsection (c)-- (A) in paragraph (1), by striking ``paragraph (2), aliens subject to the worldwide level specified in section 201(e)'' and inserting ``paragraphs (2) and (3), aliens subject to the worldwide level specified in section 201(e)(1)''; (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (C) by inserting after paragraph (1) the following: ``(2) Aliens who hold an advanced degree in science, mathematics, technology, or engineering.-- ``(A) In general.--Qualified immigrants who hold a master's or doctorate degree in the life sciences, the physical sciences, mathematics, technology, or engineering shall be allotted visas each fiscal year in a number not to exceed the worldwide level specified in section 201(e)(2). ``(B) Economic considerations.--Beginning on the date which is 1 year after the date of the enactment of this paragraph, the Secretary of State, in consultation with the Secretary of Commerce and the Secretary of Labor, and after notice and public hearing, shall determine which of the degrees described in subparagraph (A) will provide immigrants with the knowledge and skills that are most needed to meet anticipated workforce needs and protect the economic security of the United States.''; (D) in paragraph (3), as redesignated, by striking ``this subsection'' each place it appears and inserting ``paragraph (1)''; and (E) by amending paragraph (4), as redesignated, to read as follows: ``(4) Maintenance of information.-- ``(A) Diversity immigrants.--The Secretary of State shall maintain information on the age, occupation, education level, and other relevant characteristics of immigrants issued visas under paragraph (1). ``(B) Immigrants with advanced degrees.--The Secretary of State shall maintain information on the age, degree (including field of study), occupation, work experience, and other relevant characteristics of immigrants issued visas under paragraph (2).''; and (2) in subsection (e)-- (A) in paragraph (2), by striking ``(c)'' and inserting ``(c)(1)''; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: ``(3) Immigrant visas made available under subsection (c)(2) shall be issued as follows: ``(A) If the Secretary of State has not made a determination under subsection (c)(2)(B), immigrant visas shall be issued in a strictly random order established by the Secretary for the fiscal year involved. ``(B) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have a degree selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is greater than the worldwide level specified in section 201(e)(2), the Secretary shall issue immigrant visas only to such immigrants and in a strictly random order established by the Secretary for the fiscal year involved. ``(C) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have degrees selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is not greater than the worldwide level specified in section 201(e)(2), the Secretary shall-- ``(i) issue immigrant visas to eligible qualified immigrants with degrees selected in subsection (c)(2)(B); and ``(ii) issue any immigrant visas remaining thereafter to other eligible qualified immigrants with degrees described in subsection (c)(2)(A) in a strictly random order established by the Secretary for the fiscal year involved.''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2007. SEC. 2. CARRYOVER OF ADVANCED DEGREE VISAS AND DIVERSITY VISAS. Section 204(a)(1)(I)(ii)(II) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(I)(ii)(II)) is amended to read as follows: ``(II) An immigrant visa made available under subsection 203(c) for fiscal year 2007, or for any subsequent fiscal year, may be issued, or adjustment of status under section 245(a) may be granted, to an eligible qualified alien who has properly applied for such visa or adjustment of status in the fiscal year for which the alien was selected notwithstanding the end of such fiscal year. Such visa or adjustment of status shall be counted against the worldwide levels set forth in section 201(e) for the fiscal year for which the alien was selected.''.	Amends the Immigration and Nationality Act to include immigrants with advanced degrees in the diversity immigrant category. Establishes the annual worldwide limit for such immigrants at 18,333 for diversity immigrants and 36,667 for advanced degree immigrants. Provides that immigrants with advanced degrees in science, technology, engineering, or math shall have a separate limitation equal to that for advanced degree immigrants, which shall include economic and workforce considerations. Directs the Secretary of State to maintain age, education, and occupation information on diversity and advanced degree immigrants. Provides for the carryover of advanced degree and diversity visas.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness to All Vietnam Veterans Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Public Law 96-297 (94 Stat. 827) authorized the Vietnam Veterans Memorial Fund, Inc., (the ``Memorial Fund'') to construct a memorial ``in honor and recognition of the men and women of the Armed Forces of the United States who served in the Vietnam war''. (2) The Memorial Fund determined that the most fitting tribute to those who served in the Vietnam war would be to permanently inscribe the names of the members of the Armed Forces who died during the Vietnam war, or who remained missing at the conclusion of the war, on a memorial wall. (3) The Memorial Fund relied on the Department of Defense to compile the list of individuals whose names would be inscribed on the memorial wall and the criteria for inclusion on such list. (4) The Memorial Fund established procedures under which mistakes and omissions in the inscription of names on the memorial wall could be corrected. (5) Under such procedures, the Department of Defense established eligibility requirements that must be met before the Memorial Fund will make arrangements for the name of a veteran to be inscribed on the memorial wall. (6) The Department of Defense determines the eligibility requirements and has periodically modified such requirements. (7) As of February 1981, in order for the name of a veteran to be eligible for inscription on the memorial wall, the veteran must have-- (A) died in Vietnam between November 1, 1955, and December 31, 1960; (B) died in a specified geographic combat zone on or after January 1, 1961; (C) died as a result of physical wounds sustained in such combat zone; or (D) died while participating in, or providing direct support to, a combat mission immediately en route to or returning from such combat zone. (8) Public Law 106-214 (114 Stat. 335) authorizes the American Battle Monuments Commission to provide for the placement of a plaque within the Vietnam Veterans Memorial ``to honor those Vietnam veterans who died after their service in the Vietnam war, but as a direct result of that service, and whose names are not otherwise eligible for placement on the memorial wall''. (9) The names of a number of veterans who died during the Vietnam war are not eligible for inscription on the memorial wall or the plaque. (10) Examples of such names include the names of the 74 servicemembers who died aboard the USS Frank E. Evans (DD-174) on June 3, 1969, while the ship was briefly outside the combat zone participating in a training exercise. SEC. 3. STUDY AND REPORT. (a) Study.--The Secretary of Defense shall conduct a study that-- (1) identifies the veterans (as defined in section 101(2) of title 38, United States Code) who died on or after November 1, 1955, as a direct or indirect result of military operations in southeast Asia and whose names are not eligible for inscription on the memorial wall of the Vietnam Veterans Memorial; (2) evaluates the feasibility and equitability of revising the eligibility requirements applicable to the inscription of names on the memorial wall to be more inclusive of such veterans; and (3) evaluates the feasibility and equitability of creating an appropriate alternative means of recognition for such veterans, including any such alternatives involving an education center at the Vietnam Veterans Memorial. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report based on the study conducted under subsection (a). Such report shall include-- (1) the reasons (organized by category) that the names of the veterans identified under subsection (a)(1) are not eligible for inscription on the memorial wall under current eligibility requirements, and the number of veterans affected in each category; (2) a list of the alternative eligibility requirements considered under subsection (a)(2); (3) a list of the alternative means of recognition considered under subsection (a)(3); and (4) the conclusions and recommendations of the Secretary of Defense with regard to the feasibility and equitability of each alternative considered. (c) Consultations.--In conducting the study under subsection (a) and preparing the report under subsection (b), the Secretary of Defense shall consult with-- (1) the Secretary of Veterans Affairs; (2) the Secretary of the Interior; (3) the Vietnam Veterans Memorial Fund, Inc.; (4) the American Battle Monuments Commission; (5) the Vietnam Women's Memorial, Inc.; and (6) the National Capital Planning Commission.	Fairness to All Vietnam Veterans Act - Directs the Secretary of Defense to study and report to Congress: (1) to identify veterans who died after October 31, 1955, as a result of military operations in southeast Asia whose names are not eligible for inscription on the Vietnam Veterans Memorial; and (2) on the feasibility and equitability of revising the eligibility requirements to be more inclusive of such veterans or of creating an alternative means for recognizing them, including alternatives involving an education center at the Memorial.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Overseas Private Investment Corporation Amendments Act of 2003''. SEC. 2. ISSUING AUTHORITY. Section 235(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(2)) is amended by striking ``November 1, 2000'' and inserting ``2007''. SEC. 3. TECHNICAL CORRECTIONS. (a) Administrative Costs.--Section 235(a)(1)(B) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(1)(B)) is amended by striking ``subsidy cost'' and inserting ``subsidy and administrative costs''. (b) Noncredit Account Revolving Fund.--Section 235(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(c)) is amended-- (1) in the first sentence-- (A) by striking ``an insurance and guaranty fund, which shall have separate accounts to be known as the Insurance Reserve and the Guaranty Reserve, which reserves'' and inserting ``a noncredit account revolving fund, which''; and (B) by striking ``such reserves have'' and inserting ``of the fund has''; (2) by striking the third sentence; and (3) in the last sentence, by striking ``reserves'' and inserting ``fund''. (c) Payments to Discharge Liabilities.--Section 235(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(d)) is amended-- (1) in the first sentence, by striking ``Insurance Reserve, as long as such reserve'' and inserting ``noncredit account revolving fund, as long as such fund''; and (2) in the second sentence, by striking ``or under similar predecessor guaranty authority'' and all that follows through ``subsection (f) of this section'' and inserting ``or 234(c) shall be paid in accordance with the Federal Credit Reform Act of 1990''. (d) Authorization of Appropriations.--Section 235(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(f)) is amended-- (1) in the first sentence, by striking ``insurance and guaranty fund'' and inserting ``noncredit account revolving fund''; and (2) by striking ``Insurance Reserve'' each place it appears and inserting ``noncredit account revolving fund''. (e) Board of Directors.--Section 233(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2193(b)) is amended in the second paragraph-- (1) by striking ``officials'' and inserting ``principal officers''; (2) by inserting ``whose duties relate to the programs of the Corporation'' after ``Government of the United States''; and (3) by striking ``an official'' and inserting ``one such officer''. SEC. 4. INVESTMENT INSURANCE. (a) Expropriation or Confiscation.--Section 234(a)(1)(B) of the Foreign Assistance Act of 1961 (22 U.S.C. 2194(a)(1)(B)) is amended by inserting ``or any political subdivision thereof'' after ``government''. (b) Definition of Expropriation.--Section 238(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2198(b)) is amended by inserting ``, a political subdivision of a foreign government, or a corporation owned or controlled by a foreign government,'' after ``government''. SEC. 5. LOCAL CURRENCY GUARANTY. (a) Local Currency Guaranty.--Section 234 of the Foreign Assistance Act of 1961 (22 U.S.C. 2194) is amended by adding at the end the following: ``(h) Local Currency Guaranties for Eligible Investors.--To issue to-- ``(1) eligible investors, or ``(2) local financial institutions, guaranties, denominated in currencies other than United States dollars, of loans and other investments made to projects sponsored by or significantly involving eligible investors, assuring against loss due to such risks and upon such terms and conditions as the Corporation may determine, for projects that the Corporation determines to have significant developmental effects or as the Corporation determines to be necessary or appropriate to carry out the purposes of this title.''. (b) Definition of Local Financial Institution.--Section 238 of the Foreign Assistance Act of 1961 (22 U.S.C. 2198) is amended-- (1) in subsection (d), by striking ``and'' after the semicolon; (2) in subsection (f), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(g) the term `local financial institution'-- ``(1) means any bank or financial institution that is organized under the laws of any country or area in which the Corporation operates; but ``(2) does not include a branch, however organized, of a bank or other financial institution that is organized under the laws of a country in which the Corporation does not operate.''. SEC. 6. OUTREACH TO MINORITY- AND WOMEN-OWNED BUSINESSES. (a) In General.--Section 240 of the Foreign Assistance Act of 1961 (22 U.S.C. 2200) is amended-- (1) in the first sentence, by striking ``The Corporation'' and inserting ``(a) In General.--The Corporation''; and (2) by adding at the end the following: ``(b) Outreach to Minority-Owned and Women-Owned Businesses.--The Corporation shall collect data on the involvement of minority- and women-owned businesses in projects supported by the Corporation, including-- ``(1) the amount of insurance and financing provided by the Corporation to such businesses in connection with projects supported by the Corporation; and ``(2) to the extent such information is available, the involvement of such businesses in procurement activities conducted or supported by the Corporation. The Corporation shall include, in its annual report submitted to the Congress under section 240A, the aggregate data collected under this paragraph, in such form as to quantify the effectiveness of the Corporation's outreach activities to minority- and women-owned businesses.''.	Overseas Private Investment Corporation Amendments Act of 2003 - (Sec. 2) Amends the Foreign Assistance Act of 1961 to continue through FY 2007 the authority of the Overseas Private Investment Corporation (OPIC) to issue investment insurance and guaranties. (Sec. 3) Authorizes OPIC to make transfers from its noncredit activities to pay for administrative costs of its investment guaranties and direct loan programs as well as (under current law) to pay for their subsidy costs. Changes to a noncredit account revolving fund in the Treasury the current insurance and guaranty fund, with its separate Insurance Reserve and Guaranty Reserve accounts, hereby abolished. Revises requirements for the OPIC Board of Directors to require the seven U.S. Government directors to be principal officers (currently, officials) whose duties relate to OPIC programs. (Sec. 4) Extends OPIC investment insurance coverage to loss of investment in an approved project due to expropriation or confiscation by any political subdivision of, or a corporation owned or controlled by, a foreign government (currently, expropriation or confiscation only by the foreign government itself). (Sec. 5) Authorizes OPIC to issue loan guaranties: (1) denominated in currencies other than U.S. dollars (local currencies); and (2) to local financial institutions, that is, any bank or financial institution organized under the laws of any country or area in which the OPIC operates, but excluding a branch, however organized, of a bank or other financial institution organized under the laws of a country in which OPIC does not operate. (Sec. 6) Directs OPIC to collect and report annually to Congress about data on the involvement of minority- and women-owned businesses in OPIC-supported projects, including: (1) the amount of insurance and financing provided by OPIC to such businesses; and (2) the involvement of such businesses in OPIC-conducted and -supported procurement activities (to the extent such information is available).
SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Solvency Act of 2004''. SEC. 2. ADJUSTMENT TO RATE OF INCREASE IN CONTRIBUTION AND BENEFIT BASE. Section 230(b)(2) of the Social Security Act (42 U.S.C. 430(b)(2)) is amended to read as follows: ``(2) the sum of-- ``(A) the ratio (expressed as a percentage) of (i) the national average wage index (as defined in section 209(k)(1)) for the calendar year before the calendar year in which the determination under subsection (a) is made to (ii) the national average wage index (as so defined) for 1992, plus ``(B) for purposes of determining the contribution and benefit base effective with respect to remuneration paid during calendar years after 2005 and before 2037 and self-employment income derived in taxable years beginning with or during such calendar years, 2 percentage points,''. SEC. 3. APPLICATION OF THE CHAINED CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS IN DETERMINING COST-OF-LIVING INCREASES IN BENEFITS. (a) In General.--Section 215(i)(1) of the Social Security Act (42 U.S.C. 425(i)(1)) is amended-- (1) in subparagraph (G), by striking the period and inserting ``; and''; and (2) by adding at the end the following new subparagraph: ``(H) the term `Consumer Price Index' means the chained consumer price index for all urban consumers, published by the Bureau of Labor Statistics.''. (b) Effective Date.--The amendments made by this section shall apply with respect to increases described in section 215(i)(2)(A) of the Social Security Act effective with the month of December of calendar years after 2005. SEC. 4. RETENTION OF ESTATE TAX; TRANSFERS TO SOCIAL SECURITY TRUST FUND. (a) Exclusion Equivalent Made Permanent at 2009 Amount.--The item relating to 2009 in the table in section 2010(c) of the Internal Revenue Code of 1986 (relating to applicable credit amount) is amended by striking all that follows ``the applicable exclusion amount'' and inserting ``. For purposes of the preceding sentence, the applicable exclusion amount is $3,500,000.''. (b) Conforming Amendments.-- (1) Subtitles A and E of title V of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subtitles, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subtitles, and amendments, had never been enacted. (2)(A) Subsection (a) of section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking ``this Act'' and all that follows and inserting ``this Act (other than title V) shall not apply to taxable, plan, or limitation years beginning after December 31, 2010.''. (B) Subsection (b) of such section 901 is amended by striking ``, estates, gifts, and transfers''. (3) Subsections (d) and (e) of section 511 of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subsections, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subsections, and amendments, had never been enacted. (c) Transfers to Trust Fund.-- (1) In general.--There are hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund amounts equivalent to the taxes received in the Treasury under chapters 11 and 13 of the Internal Revenue Code of 1986 (relating to estate tax and tax on generation-skipping transfers, respectively). (2) Transfers.--The amounts appropriated by paragraph (1) shall be transferred from time to time (but not less frequently than quarterly) from the general fund of the Treasury on the basis of estimates made by the Secretary of the Treasury of the amounts referred to in such paragraph. Any such quarterly payment shall be made on the first day of such quarter. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (3) Reports.--The Secretary of the Treasury shall submit annual reports to the Congress and to the Commissioner of Social Security regarding-- (A) the transfers made under this subsection during the year, and the methodology used in determining the amount of such transfers, and (B) the anticipated operation of this subsection during the next 5 years. SEC. 5. FUTURE ADJUSTMENT OF EMPLOYMENT TAX RATES TO KEEP SOCIAL SECURITY TRUST FUNDS IN BALANCE. (a) Statement of Projected Insolvency in Annual Report of Board of Trustees.--Section 201(c) of the Social Security Act (42 U.S.C. 401(c)) is amended, in the second sentence following clause (5), by striking ``Trustees).'' and inserting ``Trustees), the Board's best estimate of the date as of which, using intermediate assumptions, the Trust Funds will, with no change in rates of tax under chapters 2 and 21 of the Internal Revenue Code of 1986, first have assets insufficient to pay scheduled benefits in full on a timely basis, and, if such date is within 2 years after the date of the filing of the report, the minimum increase necessary in such rates of tax (using such assumptions and assuming pro rata adjustments in the taxes applicable under sections 1401(a), 3101(a), and 3111(a) of such Code) necessary to take effect (effective for the calendar year and applicable taxable years in which such date occurs) to preclude such an insufficiency (rounded, if not a multiple of 0.01 percent, to the next higher multiple of 0.01 percent).''. (b) Employee Contribution.--Subsection (a) of section 3101 of the Internal Revenue Code of 1986 (relating to rate of tax for old-age, survivors, and disability insurance) is amended by adding at the end the following flush sentence: ``In the case of the year in which occurs the date determined under section 201(c) of the Social Security Act to be the date as of which the Trust Funds will first have assets insufficient to pay scheduled benefits in full on a timely basis, the rate in effect under the preceding sentence for such year and each year thereafter (without regard for this sentence) shall be increased to the extent determined under section 201(c) of such Act to be necessary to preclude such an insufficiency. Such increase shall be prescribed by the Secretary.''. (c) Employer Contribution.--Subsection (a) of section 3111 of such Code (relating to rate of tax for old-age, survivors, and disability insurance) is amended by adding at the end the following flush sentence: ``In the case of the year in which occurs the date determined under section 201(c) of the Social Security Act to be the date as of which the Trust Funds will first have assets insufficient to pay scheduled benefits in full on a timely basis, the rate in effect under the preceding sentence for such year and each year thereafter (without regard for this sentence) shall be increased to the extent determined under section 201(c) of such Act to be necessary to preclude such an insufficiency. Such increase shall be prescribed by the Secretary.''. (d) Self-Employment Contribution.--Subsection (a) of section 1401 of such Code (relating to rate of tax for old-age, survivors, and disability insurance) is amended by adding at the end the following flush sentence: ``In the case of the year in which occurs the date determined under section 201(c) of the Social Security Act to be the date as of which the Trust Funds will first have assets insufficient to pay scheduled benefits in full on a timely basis, the rate in effect under the preceding sentence for such year and each year thereafter (without regard for this sentence) shall be increased to the extent determined under section 201(c) of such Act to be necessary to preclude such an insufficiency. Such increase shall be prescribed by the Secretary.''.	Social Security Solvency Act of 2004 - Amends title II (Old Age, Survivors, and Disability Insurance) of the Social Security Act (SSA) to: (1) revise requirements for calculating the contribution and benefit base with respect to remuneration paid (including self-employment income derived) during the calendar years between 2005 and 2037; and (2) apply the chained consumer price index for all urban consumers in determining cost-of-living increases in benefits. Amends the Internal Revenue Code, with respect to the unified credit against the estate tax, to set the applicable exclusion amount permanently at $3.5 million (the amount currently set for 2009). Makes appropriations (and requires transfers from the General Fund) at least quarterly to the Federal Old-Age and Survivors Insurance Trust Fund equivalent to estate taxes and taxes on generation-skipping transfers. Amends SSA title II to require the statement of projected insolvency in the annual report of the Board of Trustees of the Social Security Trust Funds to include: (1) the Board's best estimate of the date as of which the Trust Funds will, with no change in employment tax rates, first have assets insufficient to pay scheduled benefits in full on a timely basis; and (2) if such date is within two years after the filing of the report, the minimum increase necessary in such tax rates necessary to preclude such an insufficiency period. Amends the Internal Revenue Code to provide for future adjustment of employment tax rates to keep the Social Security Trust Funds in balance.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Judgeship Act of 2009''. 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) 1 additional circuit judge for the first circuit court of appeals; (2) 2 additional circuit judges for the second circuit court of appeals; (3) 1 additional circuit judge for the third circuit court of appeals; (4) 1 additional circuit judge for the sixth circuit court of appeals; and (5) 4 additional circuit judges for the ninth circuit court of appeals. (b) Temporary Judgeships.-- (1) Appointment.--The President shall appoint, by and with the advice and consent of the Senate-- (A) 1 additional circuit judge for the third circuit court of appeals; (B) 1 additional circuit judge for the eighth circuit court of appeals; and (C) 1 additional circuit judge for the ninth circuit court of appeals. (2) Vacancies not filled.--The first vacancy in the office of circuit judge in each of the judicial circuits named in paragraph (1), occurring 10 years or more after the confirmation date of the judge first appointed to fill the circuit judgeship created in that 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, reflects, with respect to each judicial circuit, the changes in the total number of permanent circuit judgeships authorized by reason of subsection (a) of this section, such table is amended to read as follows: Number of ``Circuits judges District of Columbia....................................... 11 First...................................................... 7 Second..................................................... 15 Third...................................................... 15 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 Arizona; (2) 4 additional district judges for the northern district of California; (3) 4 additional district judges for the eastern district of California; (4) 4 additional district judges for the central district of California; (5) 1 additional district judge for the district of Colorado; (6) 4 additional district judges for the middle district of Florida; (7) 3 additional district judges for the southern district of Florida; (8) 1 additional district judge for the southern district of Indiana; (9) 1 additional district judge for the district of Minnesota; (10) 1 additional district judge for the district of New Jersey; (11) 1 additional district judge for the district of New Mexico; (12) 1 additional district judge for the southern district of New York; (13) 1 additional district judge for the eastern district of New York; (14) 1 additional district judge for the western district of New York; (15) 1 additional district judge for the district of Oregon; (16) 1 additional district judge for the district of South Carolina; (17) 1 additional district judge for the eastern district of Texas; (18) 2 additional district judges for the southern district of Texas; (19) 4 additional district judges for the western district of Texas; and (20) 1 additional district judge for the western district of Washington. (b) Temporary Judgeships.-- (1) Appointment.--The President shall appoint, by and with the advice and consent of the Senate-- (A) 1 additional district judge for the middle district of Alabama; (B) 1 additional district judge for the district of Arizona; (C) 1 additional district judge for the northern district of California; (D) 1 additional district judge for the eastern district of California; (E) 1 additional district judge for the central district of California; (F) 1 additional district judge for the middle district of Florida; (G) 1 additional district judge for the district of Idaho; (H) 1 additional district judge for the northern district of Iowa; (I) 1 additional district judge for the district of Minnesota; (J) 1 additional district judge for the district of Nebraska; (K) 1 additional district judge for the southern district of New York; (L) 1 additional district judge for the eastern district of New York; and (M) 1 additional district judge for the eastern district of Virginia. (2) Vacancies not filled.--The first vacancy in the office of district judge in each of the judicial districts named in paragraph (1), occurring 10 years or more after confirmation date of the judge first appointed to fill the district judgeship created in that judicial district by paragraph (1), shall not be filled. (c) Existing Judgeships.-- (1) Conversion to permanent judgeships.--The existing judgeships for the district of Kansas and the eastern district of Missouri that are 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, and the district of New Mexico that are 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), shall, as of the effective date of this Act, 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. (2) Extension of temporary judgeship.--Section 203(c) of the Judicial Improvements Act of 1990 (Public Law 101-650; 28 U.S.C. 133 note) is amended in the sixth sentence (relating to the northern district of Ohio) by striking ``18 years'' and inserting ``23 years''. (d) Tables.--In order that the table contained in section 133(a) of title 28, United States Code, reflects, with respect to each judicial district, the changes in the total number of permanent district judgeships authorized by reason of subsections (a) and (c) of this section, such table is amended to read as follows: ``Districts Judges Alabama: Northern..................................................... 7 Middle....................................................... 3 Southern..................................................... 3 Alaska......................................................... 3 Arizona........................................................ 14 Arkansas: Eastern...................................................... 5 Western...................................................... 3 California: Northern..................................................... 18 Eastern...................................................... 10 Central...................................................... 31 Southern..................................................... 13 Colorado....................................................... 8 Connecticut.................................................... 8 Delaware....................................................... 4 District of Columbia........................................... 15 Florida: Northern..................................................... 4 Middle....................................................... 19 Southern..................................................... 20 Georgia: Northern..................................................... 11 Middle....................................................... 4 Southern..................................................... 3 Hawaii......................................................... 3 Idaho.......................................................... 2 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......................................................... 7 New Hampshire.................................................. 3 New Jersey..................................................... 18 New Mexico..................................................... 8 New York: Northern..................................................... 5 Southern..................................................... 29 Eastern...................................................... 16 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......................................................... 7 Pennsylvania: Eastern...................................................... 22 Middle....................................................... 6 Western...................................................... 10 Puerto Rico.................................................... 7 Rhode Island................................................... 3 South Carolina................................................. 11 South Dakota................................................... 3 Tennessee: Eastern...................................................... 5 Middle....................................................... 4 Western...................................................... 5 Texas: Northern..................................................... 12 Southern..................................................... 21 Eastern...................................................... 9 Western...................................................... 17 Utah........................................................... 5 Vermont........................................................ 2 Virginia: Eastern...................................................... 11 Western...................................................... 4 Washington: Eastern...................................................... 4 Western...................................................... 8 West Virginia: Northern..................................................... 3 Southern..................................................... 5 Wisconsin: Eastern...................................................... 5 Western...................................................... 2 Wyoming........................................................ 3.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act, including such sums as may be necessary to provide appropriate space and facilities for the judicial positions created by this Act. SEC. 5. EFFECTIVE DATE. This Act shall take effect on the date of the enactment of this Act.	Federal Judgeship Act of 2009 - Directs the President to appoint specified additional: (1) permanent circuit judges for the first, second, third, sixth, and ninth circuit courts of appeals and temporary circuit judges for the third, eighth, and ninth circuits; and (2) permanent district judges for various districts in Arizona, California, Colorado, Florida, Indiana, Minnesota, New Jersey, New Mexico, New York, Oregon, South Carolina, Texas, and Washington and temporary district judges for Alabama, Arizona, California, Florida, Idaho, Iowa, Minnesota, Nebraska, New York, and Virginia.
SECTION 1. SHORT TITLE. This Act may be referred to as the ``Liberian Refugee Immigration Fairness Act of 1999''. SEC. 2. ADJUSTMENT OF STATUS. (a) Adjustment of Status.-- (1) In general.-- (A) Eligibility.--The Attorney General shall adjust the status of an alien described in subsection (b) to that of an alien lawfully admitted for permanent residence, if the alien-- (i) applies for adjustment before April 1, 2001; and (ii) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except that, in determining such admissibility, the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply. (B) Ineligible aliens.--An alien shall not be eligible for adjustment of status under this section if the Attorney General finds that the alien has been convicted of-- (i) any aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)); or (ii) two or more crimes involving moral turpitude. (2) Relationship of application to certain orders.--An alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1), if otherwise qualified under that paragraph. Such an alien may not be required, as a condition on submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. If the Attorney General grants the application, the Attorney General shall cancel the order. If the Attorney General makes a final decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.-- (1) In general.--The benefits provided by subsection (a) shall apply to any alien-- (A) who is-- (i) a national of Liberia; and (ii) has been continuously present in the United States from January 1, 1999, through the date of application under subsection (a); or (B) who is the spouse, child, or unmarried son or daughter of an alien described in subparagraph (A). (2) Determination of continuous physical presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1), an alien shall not be considered to have failed to maintain continuous physical presence by reasons of an absence, or absences, from the United States for any period or periods amounting in the aggregate to not more than 180 days. (c) Stay of Removal.-- (1) In general.--The Attorney General shall provide by regulation for an alien who is subject to a final order of deportation or removal or exclusion to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision of the Immigration and Nationality Act, the Attorney General shall not order an alien to be removed from the United States if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a), except where the Attorney General has made a final determination to deny the application. (3) Work authorization.--The Attorney General may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment, except that, if such application is pending for a period exceeding 180 days and has not been denied, the Attorney General shall authorize such employment. (d) Record of Permanent Residence.--Upon approval of an alien's application for adjustment of status under subsection (a), the Attorney General shall establish a record of the alien's admission for permanent record as of the date of the alien's arrival in the United States. (e) Availability of Administrative Review.--The Attorney General shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act; or (2) aliens subject to removal proceedings under section 240 of such Act. (f) Limitation on Judicial Review.--A determination by the Attorney General as to whether the status of any alien should be adjusted under this section is final and shall not be subject to review by any court. (g) No Offset in Number of Visas Available.--Whenever an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act. (h) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this Act, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing contained in the Act shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, function, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible.	Liberian Refugee Immigration Fairness Act of 1999 - Provides for the permanent resident adjustment of status of certain Liberian nationals present in the United States.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Predator Act of 2005''. SEC. 2. AMENDMENTS TO JACOB WETTERLING CRIMES AGAINST CHILDREN AND SEXUALLY VIOLENT OFFENDER REGISTRATION PROGRAM. (a) In General.--Section 170101 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071) is amended as follows: (1) Definition.--Subparagraph (A) of subsection (a)(3) of such section is amended to read as follows: ``(A) The term `criminal offense against a victim who is a minor' includes every offense (whether Federal, State, local, tribal, foreign, or otherwise), when committed against a victim who is a minor, that involves any one or more of the following: ``(i) Kidnapping (unless committed by a parent of the minor). ``(ii) False imprisonment (unless committed by a parent of the minor). ``(iii) Sexual conduct. ``(iv) Solicitation to engage in sexual conduct. ``(v) Use in a sexual performance. ``(vi) Solicitation to practice prostitution. ``(vii) Production or distribution of child pornography (including an offense under section 2251, 2252, or 2252A of title 18, United States Code). ``(viii) Any other conduct that by its nature is a sexual offense. ``(ix) Any other wrongful conduct designated by the Attorney General. ``(x) Any attempt or conspiracy to commit an offense under this subparagraph.''. (2) New definition.--Subsection (a)(3) is further amended by adding at the end the following new subparagraph: ``(H) The term `child predator' means a person who is convicted of a criminal offense against a victim who is a minor, if the offense is sexual in nature and the minor is age 13 or younger.''. (3) Registration requirements.--Subsection (b) of such section is amended by adding at the end the following new paragraph: ``(8) Special rules applying to child predators.--In the case of a child predator, the following requirements shall (in addition to any other requirements under this section) apply: ``(A) Change of address.--State procedures shall specify the period in which the child predator must report a change of address, but the period shall not exceed 10 days after the change of address takes effect. ``(B) Notification of schools and other entities.-- State procedures shall require (in addition to any other requirements a State may impose) that, whenever the child predator is required to provide registration information-- ``(i) the child predator also provides the same information to appropriate entities within the child predator's community, including-- ``(I) schools; ``(II) public housing; and ``(III) at least 2 media outlets (such as newspapers, television stations, or radio stations) covering that community; and ``(ii) an appropriate law enforcement agency shall supervise and verify the child predator's compliance with clause (i). ``(C) Interpretation of community.--For the purposes of subparagraph (B), the Attorney General shall interpret the term `community' in a broad and flexible manner and give deference to a State's interpretation of that term so long as it is reasonable. ``(D) Penalties.--Whenever a child predator knowingly fails to comply with a requirement of this paragraph, the child predator shall be imprisoned not more than 2 years or fined under title 18, United States Code, or both.''. (4) Penalties.--Subsection (d) of such section is amended by adding at the end the following new sentence: ``In the case of a child predator, the child predator shall also be considered to have committed a Federal offense and, by reason of committing that offense, shall be imprisoned not more than 2 years or fined under title 18, United States Code, or both.'' (b) FBI Database.--Section 170102 of that Act (42 U.S.C. 14072) is amended by adding at the end the following new subsection: ``(l) Release by Internet.--The FBI shall disclose to the public, on a free-access internet site, all information collected by the FBI under this section, that relates to child predators (as defined in section 170101). The disclosure shall include, for each child predator, a recent photograph. The site-- ``(1) shall include a feature under which a member of the public can specify an address and be provided with the registration information of all such child predators within a radius of that address; ``(2) shall include other searching and sorting capabilities; and ``(3) shall, whenever the site displays the information relating to a child predator along with other information relating to other individuals, display the information with respect to the child predator in a manner that clearly-- ``(A) indicates that the person is a child predator; and ``(B) sets forth the statutory definition of the term `child predator'.''.	Child Predator Act of 2005 - Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to: (1) expand the definition of "criminal offense against a victim who is a minor" to include every offense, whether Federal, State, local, tribal, foreign, or otherwise, that involves one or more of specified characteristics (such as kidnapping or sexual conduct), when committed against a minor; and (2) define "child predator" as a person who is convicted of such an offense that is sexual in nature, where the minor is age 13 or younger. Directs that State procedures require a child predator to: (1) report a change of residence within ten days; and (2) notify appropriate entities within that person's community, including schools, public housing, at least two media outlets, and law enforcement. Sets penalties of up to two years' imprisonment, a fine, or both, for violations. Requires the Federal Bureau of Investigation to disclose to the public, on a free-access Internet site, all information collected regarding each child predator, including a recent photograph. Requires the site to: (1) include a feature under which a member of the public can specify an address and be provided with registration information of all such predators within a radius of that address, as well as other searching and sorting capabilities; and (2) display the information in a manner that clearly indicates that the person is a child predator, along with the statutory definition of that term.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Offering People True Insurance Options Nationwide Act of 2002''. SEC. 2. OPTION HEALTH INSURANCE. Subpart G of part III of title 5, United States Code, is amended by adding at the end the following: ``CHAPTER 90A--HEALTH INSURANCE FOR NON-FEDERAL EMPLOYEES ``Sec. ``9051. Definitions. ``9052. Health insurance for non-Federal employees. ``9053. Contract requirement. ``9054. Eligibility. ``9055. Alternative conditions to Federal employee plans. ``9056. Coordination with social security benefits. ``9057. Non-Federal employer participation. ``Sec. 9051. Definitions ``In this chapter-- ``(1) the terms defined under section 8901 shall have the meanings given such terms under that section; and ``(2) the term `Office' means the Office of Personnel Management. ``Sec. 9052. Health insurance for non-Federal employees ``(a) The Office of Personnel Management shall administer a health insurance program for non-Federal employees in accordance with this chapter. ``(b) Except as provided under this chapter, the Office shall prescribe regulations to apply the provisions of chapter 89 to the greatest extent practicable to eligible individuals covered under this chapter. ``(c) In no event shall the enactment of this chapter result in-- ``(1) any increase in the level of individual or Government contributions required under chapter 89, including copayments or deductibles; ``(2) any decrease in the types of benefits offered under chapter 89; or ``(3) any other change that would adversely affect the coverage afforded under chapter 89 to employees and annuitants and members of family under that chapter. ``(d) The Office shall develop methods to facilitate enrollment under this chapter, including the use of the Internet. ``(e) The Office may enter into contracts for the performance of appropriate administrative functions under this chapter. ``Sec. 9053. Contract requirement ``(a) Each contract entered into under section 8902 shall require a carrier to offer to eligible individuals under this chapter, throughout each term for which the contract remains effective, the same benefits (subject to the same maximums, limitations, exclusions, and other similar terms or conditions) as would be offered under such contract or applicable health benefits plan to employees, annuitants, and members of family. ``(b)(1) The Office may waive the requirements of this section, if the Office determines, based on a petition submitted by a carrier that-- ``(A) the carrier is unable to offer the applicable health benefits plan because of a limitation in the capacity of the plan to deliver services or assure financial solvency; ``(B) the applicable health benefits plan is not sponsored by a carrier licensed under applicable State law; or ``(C) bona fide enrollment restrictions make the application of this chapter inappropriate, including restrictions common to plans which are limited to individuals having a past or current employment relationship with a particular agency or other authority of the Government. ``(2) The Office may require a petition under this subsection to include-- ``(A) a description of the efforts the carrier proposes to take in order to offer the applicable health benefits plan under this chapter; and ``(B) the proposed date for offering such a health benefits plan. ``(3) A waiver under this subsection may be for any period determined by the Office. The Office may grant subsequent waivers under this section. ``Sec. 9054. Eligibility ``An individual shall be eligible to enroll in a plan under this chapter, unless the individual is enrolled or eligible to enroll in a plan under chapter 89. ``Sec. 9055. Alternative conditions to Federal employee plans ``(a) For purposes of enrollment in a health benefits plan under this chapter, an individual who had coverage under a health insurance plan and is not a qualified beneficiary as defined under section 4980B(g)(1) of the Internal Revenue Code of 1986 shall be treated in a similar manner as an individual who begins employment as an employee under chapter 89. ``(b) In the administration of this chapter, covered individuals under this chapter shall be in a risk pool separate from covered individuals under chapter 89. ``(c)(1) Each contract under this chapter may include a preexisting condition exclusion as defined under section 9801(b)(1) of the Internal Revenue Code of 1986. ``(2)(A) The preexisting condition exclusion under this subsection shall provide for coverage of a preexisting condition to begin not more than 1 year after the date of coverage of an individual under a health benefits plan, reduced by 1 month for each month that individual was covered under a health insurance plan immediately preceding the date the individual submitted an application for coverage under this chapter. ``(B) For purposes of this paragraph, a lapse in coverage of not more than 63 days immediately preceding the date of the submission of an application for coverage shall not be considered a lapse in continuous coverage. ``(d)(1) Rates charged and premiums paid for a health benefits plan under this chapter-- ``(A) may be adjusted and differ from such rates charged and premiums paid for the same health benefits plan offered under chapter 89; ``(B) shall be negotiated in the same manner as negotiated under chapter 89; and ``(C) shall be adjusted to cover the administrative costs of this chapter. ``(2) In determining rates and premiums under this chapter-- ``(A) the age of covered individuals may be considered; and ``(B) rebates or lower rates and premiums shall be set to encourage longevity of coverage. ``(e) No Government contribution shall be made for any covered individual under this chapter. ``(f) If an individual who is enrolled in a health benefits plan under this chapter terminates the enrollment, the individual shall not be eligible for reenrollment until the first open enrollment period following 6 months after the date of such termination. ``Sec. 9056. Coordination with social security benefits ``Benefits under this chapter shall, with respect to an individual who is entitled to benefits under part A of title XVIII of the Social Security Act, be offered (for use in coordination with those social security benefits) to the same extent and in the same manner as if coverage were under chapter 89. ``Sec. 9057. Non-Federal employer participation ``(a) In this section the term-- ``(1) `employee', notwithstanding section 9051, means an employee of a non-Federal employer; ``(2) `non-Federal employer' means an employer that is not the Federal Government; and ``(3) `total premium amount' means the total premiums for individual coverage for the health benefits plan under which the employee is enrolled, regardless of whether the employee is enrolled as an individual or for self and family. ``(b)(1) The Office shall prescribe regulations under which non- Federal employers may participate under this chapter, including-- ``(A) the offering of health benefits plans under this chapter to employees through participating non-Federal employers; and ``(B) a requirement for participating non-Federal employer contributions to the payment of premiums for employees who enroll in a health benefits plan under this chapter. ``(2) A participating non-Federal employer shall pay an employer contribution for the premiums of an employee or other applicable covered individual as follows: ``(A) A non-Federal employer that employs not more than 2 employees shall not be required to pay an employer contribution. ``(B) A non-Federal employer that employs more than 2 and not more than 25 employees shall pay not less than 40 percent of the total premium amount. ``(C) A non-Federal employer that employs more than 25 and not more than 50 employees shall pay not less than 50 percent of the total premium amount. ``(D) A non-Federal employer that employs more than 50 employees shall pay not less than 60 percent of the total premium amount. ``(3) Notwithstanding paragraph (2) (B), (C), or (D), a non-Federal employer that employs more than 2 employees shall pay not less than 20 percent of the total premium amount with respect to the first year in which that employer participates under this chapter. ``(c)(1) A participating non-Federal employer shall ensure that each eligible full-time employee may enroll in a plan under this chapter. ``(2)(A) A participating non-Federal employer may not offer a health insurance plan to employees (other than a health benefits plan under this chapter) unless such health insurance plan is offered continuously on and after the date of enactment of this chapter. ``(B) If a participating non-Federal employer offers coverage under this chapter and under another plan as provided under subparagraph (A), the non-Federal employer-- ``(i) shall treat all employees in the same manner with respect to such offerings; and ``(ii) may not use financial incentives or disincentives to encourage an employee or class of employees to enroll in the health insurance plan not offered under this chapter.''. SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. (a) Contract Requirement Under Chapter 89.--Section 8902 of title 5, United States Code, is amended by adding after subsection (o) the following: ``(p) Each contract under this chapter shall include a provision that the carrier shall offer any health benefits plan as required under chapter 90A.''. (b) Table of Chapters.--The table of chapters for part III of title 5, United States Code, is amended by inserting after the item relating to chapter 90 the following: ``90A. Health Insurance for Non-Federal Employees........... 9051''. SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date of enactment of this Act and shall apply to contracts that take effect with respect to calendar year 2003 and each calendar year thereafter.	Offering People True Insurance Options Nationwide Act of 2002 - Directs the Office of Personnel Management to administer a health insurance program that offers Federal employees health benefits plans to individuals who are not Federal employees.
SECTION 1. SHORT TITLE; PURPOSES. (a) Short Title.--This Act may be cited as the ``Travelers' Rights Act of 1996''. (b) Purposes.--The purposes of this Act are to ensure-- (1) the access to information by travelers in air commerce concerning the safety and security of air travel; and (2) the coordination of air carrier and governmental assistance to victims and survivors of victims of accidents in air commerce. SEC. 2. CONSUMER ACCESS TO INFORMATION. (a) In General.--Chapter 447 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 44724. Air traveler safety program ``(a) In General.-- ``(1) Written information.--Not later than 90 days after the date of enactment of this section, the Secretary of Transportation (hereafter in this section referred to as the `Secretary') shall issue regulations, for a period determined by the Secretary, that require each air carrier that provides interstate air transportation or foreign air transportation to provide written information upon request, to passengers that purchase passage for interstate or foreign air transportation concerning: ``(A) safety inspection reviews conducted by the Administrator of the Federal Aviation Administration on the aircraft of that air carrier; ``(B) the safety ranking of that air carrier, as determined by the Administrator of the Federal Aviation Administration, in accordance with applicable law; and ``(C) the compliance of the members of the crew of the aircraft with any applicable certification requirements under this subtitle. ``(2) Guidelines.--The regulations issued by the Secretary under this subsection shall provide guidelines for air carriers relating to the provision of the information referred to in paragraph (1). ``(3) Request for information.--An air carrier shall be required to provide to a passenger, on request, any information concerning the safety of aircraft and the competency of persons issued a certificate under this subtitle for the operation of the aircraft that the Secretary, to the extent allowable by law, determines to be appropriate. ``(b) Submission of Performance Review.-- ``(1) In general.--Not later than December 31 of the calendar year in which this section is enacted, and annually thereafter, the Secretary shall submit a report to the Congress that reviews the safety of air carriers that provide interstate or foreign air transportation, including-- ``(A) the number of accidents and a description of such accidents of air carriers attributable to each air carrier that provides interstate or foreign air transportation; and ``(B) for the preceding year, the names of makers of aircraft that have been involved in an accident. ``(2) Availability of information.--The Secretary shall make the report under paragraph (1) available to-- ``(A) travel agencies and consultants for distribution to persons served by those agencies and consultants; and ``(B) any other person or entity upon request. ``(e) Victims' Rights Program.-- ``(1) In general.--The National Transportation Safety Board shall establish and administer a program for victims and survivors of aircraft accidents in air commerce. Under that program, the National Transportation Safety Board shall ensure that such victims and survivors receive, to the extent allowable by law, immediate and unrestricted access to information that is made available from-- ``(A) the air carrier involved in an accident in air commerce; ``(B) the Federal Government; and ``(C) State governments and political subdivisions thereof. ``(2) National security information.--Nothing in paragraph (1) may be construed to authorize the release of information that the President determines to be classified in the national security interest of the United States. ``(f) Coordination of Victim Assistance.-- ``(1) In general.--The National Transportation Safety Board, in cooperation with officials of appropriate Federal agencies and the American Red Cross, shall establish a program to ensure the coordination of the disclosure of information under subsection (e) and assistance provided to victims of an accident in air commerce. ``(2) Establishment of toll-free telephone line.-- ``(A) In general.--The National Transportation Safety Board, in cooperation with officials of the appropriate Federal agencies and the American Red Cross, shall establish a toll-free telephone line to facilitate the provision of information under paragraph (3). ``(B) Action by the national transportation safety board.--The National Transportation Safety Board shall take such action as may be necessary to ensure-- ``(i) the publication of the telephone number of the telephone line established under subparagraph (A) in newspapers of general circulation; and ``(ii) the provision of such number on national television news programs. ``(3) Information provided by telephone line.--The telephone line established under paragraph (2) shall provide the following information concerning an accident in air commerce: ``(A) The identifier name and number of the aircraft involved in the accident. ``(B) The names of known victims of the accident. ``(C) The status of the investigation. ``(D) A list of appropriate Federal agencies and contacts. ``(E) The facilities at which victims of the accident may be identified. ``(g) Civil Penalties.-- ``(1) In general.--Any air carrier that fails to provide information in accordance with this section shall be liable for a civil penalty in an amount not to exceed $100,000 per violation. ``(2) Travel agencies and other persons not covered.-- Paragraph (1) shall not apply to a travel agency or other person that does not provide interstate or foreign air transportation. ``(h) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''. (b) Conforming Amendment.--The chapter analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following new item: ``44724. Air traveler safety program.''.	Travelers' Rights Act of 1996 - Amends Federal transportation law to direct the Secretary of Transportation to issue regulations to require domestic air carriers to provide air travelers with certain air carrier safety and security information upon request. Requires the Secretary to report annually to the Congress on air carrier safety. Directs the National Transportation Safety Board to establish: (1) an informational program for victims and survivors of aircraft accidents (victims' rights program); (2) a program to ensure coordination of the disclosure of information and assistance provided to aircraft accident victims; and (3) a toll-free telephone line for the provision of aircraft accident information. Sets forth civil penalties for violations of this Act. Authorizes appropriations.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Support for Injured Servicemembers Act of 2007''. SEC. 2. SERVICEMEMBER FAMILY LEAVE. (a) Definitions.--Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at the end the following: ``(14) Combat-related injury.--The term `combat-related injury' means an injury or illness that was incurred (as determined under criteria prescribed by the Secretary of Defense)-- ``(A) as a direct result of armed conflict; ``(B) while an individual was engaged in hazardous service; ``(C) in the performance of duty under conditions simulating war; or ``(D) through an instrumentality of war. ``(15) Servicemember.--The term `servicemember' means a member of the Armed Forces.''. (b) Entitlement to Leave.--Section 102(a) of such Act (29 U.S.C. 2612(a)) is amended by adding at the end the following: ``(3) Servicemember family leave.--Subject to section 103, an eligible employee who is the primary caregiver for a servicemember with a combat-related injury shall be entitled to a total of 26 workweeks of leave during any 12-month period to care for the servicemember. ``(4) Combined leave total.--An eligible employee shall be entitled to a combined total of 26 workweeks of leave under paragraphs (1) and (3).''. (c) Requirements Relating to Leave.-- (1) Schedule.--Section 102(b) of such Act (29 U.S.C. 2612(b)) is amended-- (A) in paragraph (1), by inserting after the second sentence the following: ``Subject to paragraph (2), leave under subsection (a)(3) may be taken intermittently or on a reduced leave schedule''; and (B) in paragraph (2), by inserting ``or subsection (a)(3)'' after ``subsection (a)(1)''. (2) Substitution of paid leave.--Section 102(d) of such Act (29 U.S.C. 2612(d)) is amended-- (A) in paragraph (1)-- (i) by inserting ``(or 26 workweeks in the case of leave provided under subsection (a)(3))'' after ``12 workweeks'' the first place it appears; and (ii) by inserting ``(or 26 workweeks, as appropriate)'' after ``12 workweeks'' the second place it appears; and (B) in paragraph (2)(B), by adding at the end the following: ``An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, family leave, or medical or sick leave of the employee for leave provided under subsection (a)(3) for any part of the 26-week period of such leave under such subsection.''. (3) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is amended by adding at the end the following: ``(3) Notice for servicemember family leave.--In any case in which an employee seeks leave under subsection (a)(3), the employee shall provide such notice as is practicable.''. (4) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following: ``(f) Certification for Servicemember Family Leave.--An employer may require that a request for leave under section 102(a)(3) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe.''. (5) Failure to return.--Section 104(c) of such Act (29 U.S.C. 2614(c)) is amended-- (A) in paragraph (2)(B)(i), by inserting ``or section 102(a)(3)'' before the semicolon; and (B) in paragraph (3)(A)-- (i) in clause (i), by striking ``or'' at the end; (ii) in clause (ii), by striking the period and inserting ``; or''; and (iii) by adding at the end the following: ``(iii) a certification issued by the health care provider of the person for whom the employee is the primary caregiver, in the case of an employee unable to return to work because of a condition specified in section 102(a)(3).''. (6) Enforcement.--Section 107 of such Act (29 U.S.C. 2617) is amended, in subsection (a)(1)(A)(i)(II), by inserting ``(or 26 weeks, in a case involving leave under section 102(a)(3))'' after ``12 weeks''. (7) Instructional employees.--Section 108 of such Act (29 U.S.C. 2618) is amended, in subsections (c)(1), (d)(2), and (d)(3), by inserting ``or section 102(a)(3)'' after ``section 102(a)(1)''. SEC. 3. SERVICEMEMBER FAMILY LEAVE FOR CIVIL SERVICE EMPLOYEES. (a) Definitions.--Section 6381 of title 5, United States Code, is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(7) the term `combat-related injury' means an injury or illness that was incurred (as determined under criteria prescribed by the Secretary of Defense)-- ``(A) as a direct result of armed conflict; ``(B) while an individual was engaged in hazardous service; ``(C) in the performance of duty under conditions simulating war; or ``(D) through an instrumentality of war; and ``(8) the term `servicemember' means a member of the Armed Forces.''. (b) Entitlement to Leave.--Section 6382(a) of such title is amended by adding at the end the following: ``(3) Subject to section 6383, an employee who is the primary caregiver for a servicemember with a combat-related injury shall be entitled to a total of 26 administrative workweeks of leave during any 12-month period to care for the servicemember. ``(4) An employee shall be entitled to a combined total of 26 administrative workweeks of leave under paragraphs (1) and (3).''. (c) Requirements Relating to Leave.-- (1) Schedule.--Section 6382(b) of such title is amended-- (A) in paragraph (1), by inserting after the second sentence the following: ``Subject to paragraph (2), leave under subsection (a)(3) may be taken intermittently or on a reduced leave schedule.''; and (B) in paragraph (2), by inserting ``or subsection (a)(3)'' after ``subsection (a)(1)''. (2) Substitution of paid leave.--Section 6382(d) of such title is amended by adding at the end the following: ``An employee may elect to substitute for leave under subsection (a)(3) any of the employee's accrued or accumulated annual or sick leave under subchapter I for any part of the 26-week period of leave under such subsection.''. (3) Notice.--Section 6382(e) of such title is amended by adding at the end the following: ``(3) In any case in which an employee seeks leave under subsection (a)(3), the employee shall provide such notice as is practicable.''. (4) Certification.--Section 6383 of such title is amended by adding at the end the following: ``(f) An employing agency may require that a request for leave under section 6382(a)(3) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe.''.	Support for Injured Servicemembers Act of 2007 - Amends the Family and Medical Leave Act of 1993 to entitle an eligible employee to a combined total of 26 workweeks of leave, during any 12-month period, to care for a member of the U.S. Armed Forces with a combat-related injury (servicemember), if such employee is the servicemember's primary caregiver. Provides for the substitution of accrued paid vacation, personal, or family leave for any part of the 26-week period. Amends federal civil service law to entitle civilian federal employees to the same leave allowance. Provides for the substitution of accrued paid annual or sick leave for any part of the 26-week period.
SECTION 1. SHORT TITLE. This Act may be cited as the ``International Clean Energy Development Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Asia-pacific partnership; partnership.--The terms ``Asia-Pacific Partnership'' and ``Partnership'' mean the Asia- Pacific Partnership on Clean Development and Climate (or any successor thereto). (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Committee on Natural Resources, and the Select Committee on Energy Independence and Global Warming of the House of Representatives. (3) Clean and efficient energy technologies.--The term ``clean and efficient energy technology'' means an energy supply or end-use technology that, compared to a similar technology already in widespread commercial use in a country, will-- (A) reduce emissions of greenhouse gases; (B) increase efficiency of energy production, transmission, distribution, or end-use; or (C) decrease intensity of energy usage. (4) Greenhouse gas.--The term ``greenhouse gas'' means-- (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) hydrofluorocarbons; (E) perfluorocarbons; or (F) sulfur hexafluoride. (5) Partnership task forces.--The term ``Partnership Task Forces'' means the task forces established under the Asia- Pacific Partnership. (6) Program office.--The term ``Program Office'' means the Asia-Pacific Partnership on Clean Development and Climate Program Office of the Department of State (or any successor thereto). SEC. 3. ESTABLISHMENT OF DEVELOPMENT AND COMMERCIALIZATION COMMITTEE ON CLEAN AND EFFICIENT ENERGY TECHNOLOGIES. (a) In General.-- (1) Establishment.--The Secretary of State shall establish a Development and Commercialization Committee on Clean and Efficient Energy Technologies (in this Act referred to as the ``Committee'') within the Program Office. (2) Composition.--The Committee established pursuant to paragraph (1) shall be comprised of-- (A) technical and policy experts from each of the Partnership Task Forces; and (B) experts from-- (i) the Department of State; (ii) the Department of Energy; (iii) the Department of Commerce; (iv) the Department of the Treasury; (v) the Environmental Protection Agency; (vi) the United States Agency for International Development; (vii) the United States Trade and Development Agency; (viii) the Office of Science and Technology Policy; (ix) the Council on Environmental Quality; and (x) other Federal departments and agencies, as the Secretary of State determines necessary. (3) Chairperson.--The Secretary of State shall designate a Chairperson or co-Chairpersons of the Committee from among employees of the Department of State. (4) Duties.--The Committee shall-- (A) review and evaluate available sources of information on clean and efficient energy technologies, including any action plans developed by the Partnership; (B) identify and prioritize projects with respect to the development and commercialization of clean and efficient energy technologies by the Partnership; (C) plan and carry out projects described in subparagraph (B) through established protocols of the Program Office and the Partnership; (D) in carrying out such projects, require that a share of the cost of each such project, to be determined by the Secretary of State, be paid by project participants; and (E) report regularly to the appropriate congressional committees on the progress and projects of the Committee with respect to the development and commercialization of clean and efficient energy technologies. (b) Strategy.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that details a strategy to-- (A) facilitate collaboration among the national laboratories, educational institutions, private sectors, local and national policymakers, and other technical and policy experts of the members of the Partnership with respect to developing and commercializing clean and efficient energy technologies; (B) develop and commercialize clean and efficient energy technologies, particularly through projects identified under subsection (a)(4)(B) related to renewable energy and distributed generation, power generation and transmission, or cleaner fossil energy; (C) develop the capacity of members of the Partnership to accept and utilize clean and efficient energy technologies, particularly such technologies developed or commercialized through projects described in subparagraph (B); (D) encourage the utilization of clean and efficient energy technologies developed or commercialized through projects described in subparagraph (B) in, and the transfer of such technologies to, countries that are not members of the Partnership; and (E) continue to require that project participants match funding provided by the United States dollar-for- dollar in order to increase the value of the projects for participants and for taxpayers in the United States. SEC. 4. REPORT BY THE SECRETARY OF STATE. (a) In General.--Not later than 1 year after the establishment of the Committee under section 3(a)(1), and annually thereafter, the Secretary of State shall transmit to the appropriate congressional committees a report on the implementation of this Act during the preceding year. (b) Contents.--The report required under subsection (a) shall include the following: (1) A description of the results of projects and activities carried out under this Act, including a description of-- (A) the actions taken by the Committee to carry out the duties required under section 3(a)(4); (B) the review and evaluation of sources of information on clean and efficient energy technologies required under section 3(a)(4)(A); and (C) the actions taken by the Committee to advance projects identified as priorities under section 3(a)(4)(B). (2) An identification and description of priorities for promoting the development and commercialization of clean and efficient energy technologies and strategies for promoting such technologies within the countries that are members of the Asia- Pacific Partnership on Clean Development and Climate, taking into account the economic and security interests of the United States. (3) An assessment of the integration of representatives of the private sector and other interested groups in the development and commercialization of clean and efficient energy technologies. (4) Recommendations for the heads of appropriate Federal departments and agencies with respect to methods to streamline Federal programs and policies to improve the role of those Federal departments and agencies in the development and commercialization of clean and efficient energy technologies on an international basis. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of State to carry out this Act $200,000,000 for each of the fiscal years 2010 through 2014.	International Clean Energy Development Act of 2009 - Directs the Secretary of State to establish a Development and Commercialization Committee on Clean and Efficient Energy Technologies within the Asia-Pacific Partnership on Clean Development and Climate Program Office of the Department of State. Directs the Committee to: (1) evaluate information on clean and efficient energy technologies; (2) identify, prioritize, and carry out projects for the development and commercialization of clean and efficient energy technologies; and (3) report to the appropriate congressional committees on Committee progress and projects.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring America's Watersheds Act of 2014''. SEC. 2. WATER SOURCE PROTECTION PROGRAM. Subtitle A of title III of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1126) is amended by adding at the end the following: ``SEC. 3002. WATER SOURCE PROTECTION PROGRAM. ``(a) In General.--The Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the `Secretary'), shall establish and maintain a Water Source Protection Program (referred to in this section as the `Program') within the National Forest System west of the 100th Meridian. ``(b) Water Source Investment Partnerships.-- ``(1) In general.--In carrying out the Program, the Secretary may enter into water source investment partnerships with end water users (including States, political subdivisions, Indian tribes, utilities, municipal water systems, irrigation districts, nonprofit organizations, and corporations) to protect and restore the condition of National Forest watersheds that provide water to the non-Federal partners. ``(2) Form.--A partnership described in paragraph (1) may take the form of memoranda of understanding, cost-share or collection agreements, long-term match funding commitments, or other appropriate instruments. ``(c) Water Source Management Plan.-- ``(1) In general.--In carrying out the Program, the Secretary may produce a water source management plan in cooperation with the water source investment partnership participants and State, local, and tribal governments. ``(2) Firewood.--A water source management plan may give priority to projects that facilitate the gathering of firewood for personal use pursuant to section 223.5 of title 36, Code of Federal Regulations (or successor regulations). ``(3) Environmental analysis.--The Secretary may conduct-- ``(A) a single environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for all or part of the restoration projects in the water source management plan; and ``(B) a statement or analysis described in subparagraph (A) as part of the development of the water source management plan or after the finalization of the plan. ``(4) Endangered species act.--In carrying out the Program, the Secretary may use the Manual on Adaptive Management of the Department of the Interior, including any associated guidance, for purposes of fulfilling any requirements under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). ``(5) Funds and services.-- ``(A) In general.--In carrying out the Program, the Secretary may accept and use funding, services, and other forms of investment and assistance from water source investment partnership participants to implement the water source management plan. ``(B) Manner of use.--The Secretary may accept and use investments described in subparagraph (A) directly or indirectly through the National Forest Foundation. ``(C) Water source protection fund.-- ``(i) In general.--Subject to the availability of appropriations, the Secretary may establish a Water Source Protection Fund to match funds or in-kind support contributed by water source investment partnership participants under subparagraph (A). ``(ii) Use of appropriated funds.--The Secretary may use funds appropriated to carry out this subparagraph to make multiyear commitments, if necessary, to implement 1 or more water source investment partnership agreements.''. SEC. 3. FOREST SERVICE LEGACY ROADS AND TRAILS REMEDIATION PROGRAM. (a) In General.--The Secretary of Agriculture shall establish and maintain a Forest Service Legacy Roads and Trails Remediation Program (referred to in this section as the ``Program'') within the National Forest System west of the 100th Meridian-- (1) to carry out critical maintenance and urgent repairs and improvements on National Forest System roads, trails, and bridges; (2) to restore fish and other aquatic organism passage by removing or replacing unnatural barriers to the passage of fish and other aquatic organisms; (3) to decommission unneeded roads and trails; and (4) to carry out associated activities. (b) Priority.--In implementing the Program, the Secretary shall give priority to projects that protect or restore-- (1) water quality; (2) watersheds that feed public drinking water systems; or (3) habitat for threatened, endangered, and sensitive fish and wildlife species. (c) National Forest System.--Except as authorized under section 323 of title III of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 1011a), all projects carried out under the Program shall be on National Forest System roads. (d) National Program Strategy.--Not later than 180 days after the date of enactment of this Act, the Chief of the Forest Service shall develop a national strategy for implementing the Program. SEC. 4. WATERSHED CONDITION FRAMEWORK. Subtitle A of title III of the Omnibus Public Land Management Act of 2009 (as amended by section 2) is amended by adding at the end the following: ``SEC. 3003. WATERSHED CONDITION FRAMEWORK. ``(a) In General.--The Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the `Secretary'), shall establish and maintain a Watershed Condition Framework within the National Forest System west of the 100th Meridian-- ``(1) to evaluate and classify the condition of watersheds, taking into consideration-- ``(A) water quality and quantity; ``(B) aquatic habitat and biota; ``(C) riparian and wetland vegetation; ``(D) the presence of roads and trails; ``(E) soil type and condition; ``(F) groundwater-dependent ecosystems; ``(G) relevant terrestrial indicators, such as fire regime, risk of catastrophic fire, forest and rangeland vegetation, invasive species, and insects and disease; and ``(H) other significant factors, as determined by the Secretary; ``(2) to identify for restoration up to 5 priority watersheds in each National Forest, and up to 2 priority watersheds in each national grassland, taking into consideration the impact of the condition of the watershed condition on-- ``(A) wildfire behavior; ``(B) flood risk; ``(C) fish and wildlife; ``(D) drinking water supplies; ``(E) irrigation water supplies; ``(F) forest-dependent communities; and ``(G) other significant impacts, as determined by the Secretary; ``(3) to develop a watershed restoration action plan for each priority watershed that-- ``(A) takes into account existing restoration activities being implemented in the watershed; and ``(B) includes, at a minimum-- ``(i) the major stressors responsible for the impaired condition of the watershed; ``(ii) a set of essential projects that, once completed, will address the identified stressors and improve watershed conditions; ``(iii) a proposed implementation schedule; ``(iv) potential partners and funding sources; and ``(v) a monitoring and evaluation program; ``(4) to prioritize restoration activities for each watershed restoration action plan; ``(5) to implement each watershed restoration action plan; and ``(6) to monitor the effectiveness of restoration actions and indicators of watershed health. ``(b) Coordination.--Throughout the process described in subsection (a), the Secretary shall-- ``(1) coordinate with interested non-Federal landowners and with State, tribal, and local governments within the relevant watershed; and ``(2) provide for an active and ongoing public engagement process. ``(c) Emergency Designation.--Notwithstanding subsection (a)(2), the Secretary may identify a watershed as a priority for rehabilitation in the Watershed Condition Framework without using the process described in subsection (a), if a Forest Supervisor determines that-- ``(1) a wildfire has significantly diminished the condition of the watershed; and ``(2) the emergency stabilization activities of the Burned Area Emergency Response Team are insufficient to return the watershed to proper function.''. SEC. 5. REAUTHORIZATION OF THE COLLABORATIVE FOREST LANDSCAPE RESTORATION FUND. Section 4003(f)(6) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(f)(6)) is amended by striking ``2019, to remain available until expended'' and inserting ``2014, and $80,000,000 for each of fiscal years 2015 through 2024, to remain available until expended''.	Restoring America's Watersheds Act of 2014 - Directs the Forest Service to establish a Water Source Protection Program within the region of the National Forest System west of the 100th Meridian. Authorizes the Secretary of Agriculture (USDA) to enter into water source investment partnerships with specified end water users to protect and restore the condition of National Forest watersheds that provide water to non-federal partners. Allows the Secretary to produce a water source management plan. Directs the Secretary to establish a Forest Service Legacy Roads and Trails Remediation Program within such region to: carry out critical maintenance and urgent repairs and improvements on National Forest System roads, trails, and bridges; restore fish and other aquatic organism passage by removing or replacing unnatural barriers to the passage of fish and other aquatic organisms; decommission unneeded roads and trails; and carry out associated activities. Requires the Chief of the Forest Service to develop a national strategy to implement the Remediation Program. Directs the Forest Service to establish a Watershed Condition Framework within such region to: evaluate and classify the condition of watersheds, identify for restoration up to five priority watersheds in each National Forest and up to two priority watersheds in each national grassland, develop a watershed restoration action plan for each priority watershed, prioritize restoration activities for each watershed restoration action plan, implement each watershed restoration action plan, and monitor the effectiveness of restoration actions and indicators of watershed health. Reauthorizes the Collaborative Forest Landscape Restoration Fund for FY2015-FY2024.
SECTION 1. CREDIT FOR CHARITABLE CONTRIBUTIONS TO CERTAIN PRIVATE CHARITIES PROVIDING ASSISTANCE TO THE POOR. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 22 the following new section: ``SEC. 23. CREDIT FOR CERTAIN CHARITABLE CONTRIBUTIONS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified charitable contributions which are paid by the taxpayer during the taxable year. ``(b) Limitation.--The credit allowed by subsection (a) for the taxable year shall not exceed $100 ($200 in the case of a joint return). ``(c) Qualified Charitable Contribution.--For purposes of this section, the term `qualified charitable contribution' means any charitable contribution (as defined in section 170(c)) made in cash to a qualified charity but only if the amount of each such contribution, and the recipient thereof, are identified on the return for the taxable year during which such contribution is made. ``(d) Qualified Charity.-- ``(1) In general.--For purposes of this section, the term `qualified charity' means, with respect to the taxpayer, any organization described in section 501(c)(3) and exempt from tax under section 501(a)-- ``(A) which is certified by the Secretary as meeting the requirements of paragraphs (2) and (3), ``(B) which is organized under the laws of the United States or of any State in which the organization is qualified to operate, and ``(C) which is required, or elects to be treated as being required, to file returns under section 6033. ``(2) Charity must primarily assist the poor.--An organization meets the requirements of this paragraph only if the predominant activity of such organization is the provision of services to individuals whose annual incomes generally do not exceed 150 percent of the official poverty line (as defined by the Office of Management and Budget). ``(3) Minimum expenditure requirement.-- ``(A) In general.--An organization meets the requirements of this paragraph only if the Secretary reasonably expects that the annual exempt purpose expenditures of such organization will not be less than 70 percent of the annual aggregate expenditures of such organization. ``(B) Exempt purpose expenditure.--For purposes of subparagraph (A)-- ``(i) In general.--The term `exempt purpose expenditure' means any expenditure to carry out the activity referred to in paragraph (2). ``(ii) Exceptions.--Such term shall not include-- ``(I) any administrative expense, ``(II) any expense for the purpose of influencing legislation (as defined in section 4911(d)), ``(III) any expense primarily for the purpose of fundraising, and ``(IV) any expense for litigation on behalf of any individual referred to in paragraph (2). ``(e) Time When Contributions Deemed Made.--For purposes of this section, at the election of the taxpayer, a contribution which is made not later than the time prescribed by law for filing the return for the taxable year (not including extensions thereof) shall be treated as made on the last day of such taxable year. ``(f) Coordination With Deduction for Charitable Contributions.-- ``(1) Credit in lieu of deduction.--The credit provided by subsection (a) for any qualified charitable contribution shall be in lieu of any deduction otherwise allowable under this chapter for such contribution. ``(2) Election to have section not apply.--A taxpayer may elect for any taxable year to have this section not apply.'' (b) Qualified Charities Required To Provide Copies of Annual Return.--Subsection (e) of section 6104 of such Code (relating to public inspection of certain annual returns and applications for exemption) is amended by adding at the end the following new paragraph: ``(3) Charities receiving creditable contributions required to provide copies of annual return.-- ``(A) In general.--Every qualified charity (as defined in section 23(d)) shall, upon request of an individual made at an office where such organization's annual return filed under section 6033 is required under paragraph (1) to be available for inspection, provide a copy of such return to such individual without charge other than a reasonable fee for any reproduction and mailing costs. If the request is made in person, such copies shall be provided immediately and, if made other than in person, shall be provided within 30 days. ``(B) Period of availability.--Subparagraph (A) shall apply only during the 3-year period beginning on the filing date (as defined in paragraph (1)(D) of the return requested).'' (c) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 22 the following new item: ``Sec. 23. Credit for certain charitable contributions.'' (d) Effective Date.--The amendments made by this section shall apply to contributions made after the 90th day after the date of the enactment of this Act in taxable years ending after such date. SEC. 2. REPEAL OF CERTAIN CHANGES MADE IN THE EARNED INCOME CREDIT. (a) Repeal of Credit for Individuals Without Children.-- Subparagraph (A) of section 32(c)(1) of the Internal Revenue Code of 1986 (defining eligible individual) is amended to read as follows: ``(A) In general.--The term `eligible individual' means any individual who has a qualifying child for the taxable year.'' (b) Repeal of Increases in Amount of Credit.-- (1) Subsection (b) of section 32 of such Code is amended to read as follows: ``(b) Percentages.-- ``(1) In general.--The credit percentage and the phaseout percentage shall be determined as follows: ``In the case of an eligible individual with: The credit percentage is: The phaseout percentage is: 1 qualifying child............................. 34............................ 15.98 2 or more qualifying children.................. 36............................ 20.22 ``(2) Amounts.--The earned income amount and the phaseout amount shall be determined as follows: ``In the case of an eligible individual with: The earned income amount is: The phaseout amount is: 1 qualifying child............................. $6,000........................ $11,000 2 or more qualifying children.................. $8,425........................ $11,000.'' (2) Paragraph (1) of section 32(i) of such Code is amended by striking ``subsection (b)(2)(A)'' and inserting ``subsection (b)(2)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995, except that adjustments shall be made under section 32(i) of the Internal Revenue Code of 1986 to the section 32(b)(2) of such Code (as amended by this section) for such taxable years.	Amends the Internal Revenue Code to permit an individual income tax credit of up to $100 ($200 for a joint return) of the value of certain charitable contributions to any tax-exempt, U.S. organization that spends at least 70 percent of aggregate expenditures assisting the poor. Requires that: (1) taxpayers identify each such contribution and the recipient on the individual's tax return; and (2) such charities provide copies of their annual return to such individuals upon request. Repeals the earned income credit for individuals without children, as well as certain increases in such credit for individuals with children.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Trinity River Basin Fish and Wildlife Management Reauthorization Act of 1995''. SEC. 2. CLARIFICATION OF FINDINGS. Section 1 of the Act entitled ``An Act to provide for the restoration of the fish and wildlife in the Trinity River Basin, California, and for other purposes'', approved October 24, 1984 (98 Stat. 2721), as amended, is amended-- (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; (2) by adding after paragraph (4) the following: ``(5) Trinity Basin fisheries restoration is to be measured not only by returning adult anadromous fish spawners, but by the ability of dependent tribal, commercial, and sport fisheries to participate fully, through enhanced in-river and ocean harvest opportunities, in the benefits of restoration;''; and (3) by amending paragraph (7), as so redesignated, to read as follows: ``(7) the Secretary requires additional authority to implement a management program, in conjunction with other appropriate agencies, to achieve the long-term goals of restoring fish and wildlife populations in the Trinity River Basin, and, to the extent these restored populations will contribute to ocean populations of adult salmon, steelhead, and other anadromous fish, such management program will aid in the resumption of commercial, including ocean harvest, and recreational fishing activities.''. SEC. 3. CHANGES TO MANAGEMENT PROGRAM. (a) Ocean Fish Levels.--Section 2(a) of the Act entitled ``An Act to provide for the restoration of the fish and wildlife in the Trinity River Basin, California, and for other purposes'', approved October 24, 1984 (98 Stat. 2722), as amended, is amended-- (1) in the matter preceding paragraph (1)-- (A) by inserting ``, in consultation with the Secretary of Commerce where appropriate,'' after ``Secretary''; and (B) by adding the following after ``such levels.'': ``To the extent these restored fish and wildlife populations will contribute to ocean populations of adult salmon, steelhead, and other anadromous fish, such management program is intended to aid in the resumption of commercial, including ocean harvest, and recreational fishing activities.''. (b) Fish Habitats in the Klamath River.--Paragraph (1)(A) of such section (98 Stat. 2722) is amended by striking ``Weitchpec;'' and inserting ``Weitchpec and in the Klamath River downstream of the confluence with the Trinity River;''. (c) Trinity River Fish Hatchery.--Paragraph (1)(C) of such section (98 Stat. 2722) is amended by inserting before the period the following: ``, so that it can best serve its purpose of mitigation of fish habitat loss above Lewiston Dam while not impairing efforts to restore and maintain naturally reproducing anadromous fish stocks within the basin''. (d) Addition of Indian Tribes.--Section 2(b)(2) of such Act (98 Stat. 2722) is amended by striking ``tribe'' and inserting ``tribes''. SEC. 4. ADDITIONS TO TASK FORCE. (a) In General.--Section 3(a) of the Act entitled ``An Act to provide for the restoration of the fish and wildlife in the Trinity River Basin, California, and for other purposes'', approved October 24, 1984 (98 Stat. 2722), as amended, is amended-- (1) by striking ``fourteen'' and inserting ``nineteen''; (2) by striking ``United States Soil Conservation Service'' in paragraph (10) and inserting ``Natural Resources Soil and Conservation Service''; and (3) by inserting after paragraph (14) the following: ``(15) One individual to be appointed by the Yurok Tribe. ``(16) One individual to be appointed by the Karuk Tribe. ``(17) One individual to represent commercial fishing interests, to be appointed by the Secretary after consultation with the Board of Directors of the Pacific Coast Federation of Fishermen's Associations. ``(18) One individual to represent sport fishing interests, to be appointed by the Secretary after consultation with the Board of Directors of the California Advisory Committee on Salmon and Steelhead Trout. ``(19) One individual to be appointed by the Secretary, in consultation with the Secretary of Agriculture, to represent the timber industry.''. (b) Coordination.--Section 3 of such Act (98 Stat. 2722) is further amended by adding at the end thereof the following new subsection: ``(d) Task Force actions or management on the Klamath River from Weitchpec downstream to the Pacific Ocean shall be coordinated with, and conducted with the full knowledge of, the Klamath River Basin Fisheries Task Force and the Klamath Fishery Management Council, as established under Public Law 99-552. The Secretary shall appoint a designated representative to ensure such coordination and the exchange of information between the Trinity River Task Force and these two entities.''. (c) Reimbursement.--Section 3(c)(2) of such Act (98 Stat. 2723) is amended by adding at the end the following: ``Members of the Task Force who are not full-time officers or employees of the United States, the State of California (or a political subdivision thereof), or an Indian tribe, may be reimbursed for such expenses as may be incurred by reason of their service on the Task Force, as consistent with applicable laws and regulations.''. (d) Effective Date.--The amendments made by subsection (a) shall apply with respect to actions taken by the Trinity River Basin Fish and Wildlife Task Force on and after 120 days after the date of the enactment of this Act. SEC. 5. APPROPRIATIONS. (a) Extension of Authorization.--Section 4(a) of the Act entitled ``An Act to provide for the restoration of the fish and wildlife in the Trinity River Basin, California, and for other purposes'', approved October 24, 1984 (98 Stat. 2723), as amended, is amended-- (1) in paragraph (1), by striking ``October 1, 1995'' and inserting in lieu thereof ``October 1, 1998''; and (2) in paragraph (2), by striking ``ten-year'' and inserting in lieu thereof ``13-year''. (b) In-Kind Services; Overhead; and Financial and Audit Reports.-- Section 4 of such Act (98 Stat. 2724) is amended-- (1) by designating subsection (d) as subsection (h); and (2) by inserting after subsection (c) the following new subsections: ``(d) The Secretary is authorized to accept in-kind services as payment for obligations incurred under subsection (b)(1). ``(e) Not more than 20 percent of the amounts appropriated under subsection (a) may be used for overhead and indirect costs. For the purposes of this subsection, the term `overhead and indirect costs' means costs incurred in support of accomplishing specific work activities and jobs. Such costs are primarily administrative in nature and are such that they cannot be practically identified and charged directly to a project or activity and must be distributed to all jobs on an equitable basis. Such costs include compensation for administrative staff, general staff training, rent, travel expenses, communications, utility charges, miscellaneous materials and supplies, janitorial services, depreciation and replacement expenses on capitalized equipment. Such costs do not include inspection and design of construction projects and environmental compliance activities, including (but not limited to) preparation of documents in compliance with the National Environmental Policy Act of 1969. ``(f) Not later than December 31 of each year, the Secretary shall prepare reports documenting and detailing all expenditures incurred under this Act for the fiscal year ending on September 30 of that same year. Such reports shall contain information adequate for the public to determine how such funds were used to carry out the purposes of this Act. Copies of such reports shall be submitted to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. ``(g) The Secretary shall periodically conduct a programmatic audit of the in-river fishery monitoring and enforcement programs under this Act and submit a report concerning such audit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.''. (c) Authority To Seek Appropriations.--Section 4 of such Act, as amended by subsection (b) of this section, is further amended by inserting after subsection (h) the following new subsection: ``(i) Beginning in the fiscal year immediately following the year the restoration effort is completed and annually thereafter, the Secretary is authorized to seek appropriations as necessary to monitor, evaluate, and maintain program investments and fish and wildlife populations in the Trinity River Basin for the purpose of achieving long-term fish and wildlife restoration goals.''. SEC. 6. NO RIGHTS AFFECTED. The Act entitled ``An Act to provide for the restoration of the fish and wildlife in the Trinity River Basin, California, and for other purposes'', approved October 24, 1984 (98 Stat. 2721), as amended, is further amended by inserting at the end thereof the following: ``preservation of rights ``Sec. 5. Nothing in this Act shall be construed as establishing or affecting any past, present, or future rights of any Indian or Indian tribe or any other individual or entity.''. SEC. 7. SHORT TITLE OF 1984 ACT. The Act entitled ``An Act to provide for the restoration of the fish and wildlife in the Trinity River Basin, California, and for other purposes'', approved October 24, 1984 (98 Stat. 2721), as amended by section 6 of this Act, is further amended by adding at the end the following: ``short title ``Sec. 6. This Act may be cited as the `Trinity River Basin Fish and Wildlife Management Act of 1984'.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.	Trinity River Basin Fish and Wildlife Management Reauthorization Act of 1995 - Amends the Trinity River Basin Fish and Wildlife Management Act of 1984 (as named by this Act) to revise and extend the management program for restoration of fish and wildlife in the Trinity River Basin. (Sec. 2) Provides that Trinity Basin fisheries restoration is to be measured not only by returning adult anadromous fish spawners, but by the ability of dependent tribal, commercial, and sport fisheries to participate fully, through enhanced in-river and ocean harvest opportunities, in the benefits of restoration. Declares that the Secretary of the Interior requires additional authority to implement a management program, in conjunction with other agencies, to achieve the long-term goals of restoring fish and wildlife populations in the Trinity River Basin, and to the extent these restored populations will contribute to ocean populations of adult salmon, steelhead, and other anadromous fish, such management program will aid in the resumption of commercial, including ocean harvest, and recreational fishing activities. (Sec. 3) Revises such management program to require the Secretary to consult with the Secretary of Commerce on certain matters, where appropriate. Declares that such program is intended, to the extent these restored populations will contribute to ocean populations of adult salmon, steelhead, and other anadromous fish, to aid in the resumption of commercial, including ocean harvest, and recreational fishing activities. Revises the management program to include ocean fish levels and fish habitats in the Klamath River. Provides that modernization of the Trinity River Fish Hatchery is to mitigate fish habitat loss above Lewiston Dam while not impairing efforts to restore and maintain naturally reproducing fish stocks within the basin. (Sec. 4) Revises provisions for the Trinity River Basin Fish and Wildlife Task Force. Adds five members (to the current 14) and provides that such new members represent: (1) the Yurok Tribe; (2) the Karuk Tribe; (3) commercial fishing interests; (4) sport fishing interests; and (5) the timber industry. Directs the Secretary to appoint a designated representative to ensure coordination of actions and management and the exchange of information between such Trinity River Task Force and the Klamath River Basin Fisheries Task Force and the Klamath Fishery Management Council. Allows reimbursement of members of the Task Force who are not full-time officers or employees of the United States, the State of California (or a political subdivision thereof), or an Indian tribe. (Sec. 5) Extends for three years the period of availability of the authorization of appropriations for the management program for restoration of fish and wildlife in the Trinity River Basin. Authorizes the Secretary to accept in-kind services as payment for specified obligations incurred under the Act. Limits to 20 percent the portion of management program funds which may be used for overhead and indirect costs. Requires the Secretary to: (1) submit annual financial reports to specified congressional committees; and (2) conduct periodic programmatic audits of the in-river fishery monitoring and enforcement programs under the Act. Authorizes the Secretary, beginning in the fiscal year immediately following completion of the restoration effort, to seek appropriations to monitor, evaluate, and maintain program investments and fish and wildlife populations in the Trinity River Basin for the purpose of achieving long-term fish and wildlife restoration goals. (Sec. 6) Provides that nothing in the Act shall be construed as establishing or affecting any past, present, or future rights of any Indian or Indian tribe or any other individual or entity.
SECTION 1. DEFINITIONS. In this Act: (1) Districts.--The term ``Districts'' means the Ute Water Conservancy District and the Collbran Conservancy District (including their successors and assigns). (2) Federal reclamation laws.--The term ``Federal reclamation laws'' means the Act of June 17, 1902 and Acts amendatory thereof or supplementary thereto (32 Stat. 388, chapter 1093; 43 U.S.C. 371 et seq.) (including regulations adopted pursuant to those Acts). (3) Project.--The term ``Project'' means the Collbran Reclamation Project, as constructed and operated under the Act of July 3, 1952 (66 Stat. 325, chapter 565), including all property, equipment, and assets of or relating to the Project that are owned by the United States, including-- (A) Vega Dam and Reservoir (but not including recreation facilities owned by the United States or the State of Colorado); (B) Leon-Park Dams and Feeder Canal; (C) Southside Canal; (D) East Fork Diversion Dam and Feeder Canal; (E) Bonham-Cottonwood Pipeline; (F) Snowcat Shed and Diesel Storage; (G) Upper Molina Penstock and Powerplant; (H) Lower Molina Penstock and Power Plant; (I) the diversion structure in the tailrace of the Lower Molina Powerplant; (J) all substations and switchyards; (K) all rights relating to access to and the use of the storage reservoirs on the Grand Mesa; (L) all easements relating to access to and use of such property and assets on lands of the United States; (M) all rights-of-way and other real property interests; (N) all permits and contract rights; (O) all equipment, parts inventories, and tools; (P) all additions, replacements, betterments, and appurtenances to any of the above; and (Q) a copy of all data, plans, designs, reports, records, or other materials, whether in writing or in any form of electronic storage relating specifically to the Project. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 2. CONVEYANCE. (a) In General.--The Secretary shall convey to the Districts all right, title, and interest of the United States in and to the Project by quit claim deed and bill of sale, without warranties, on or before the date that is 90 days after the date of enactment of this Act, subject only to the requirements of this Act. (b) Payment.-- (1) In general.--Before or simultaneously with conveyance of the Project, the Districts shall pay to the United States $11,147,000 ($8,747,000 of which represents the net present value of the outstanding repayment obligations of the Districts), of which-- (A) $10,747,000 shall be deposited in the general fund of the United States Treasury; and (B) $400,000 shall be deposited in a special account in the United States Treasury and shall be available to the United States Fish and Wildlife Service, region 6, without further Act of appropriation, for use in funding Colorado operations and capital expenditures associated with the Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin. (2) Source of funds.--Funds for the payment to the extent of the amount specified in paragraph (1)(A) shall not be derived from the issuance or sale, prior to the conveyance, of State or local bonds the interest on which is exempt from taxation under section 103 of the Internal Revenue Code of 1986. (c) Operation of Project.-- (1) In general.--The Project shall be operated and used by the Districts for a period of 40 years after the date of enactment of this Act for the purposes for which the Project was authorized under the Act of July 3, 1952 (66 Stat. 325, chapter 565). (2) Requirements.--During the 40-year period described in paragraph (1)-- (A) the Districts shall annually submit to the Secretary a plan for operation of the Project, which plan shall-- (i) report on Project operations for the previous year; (ii) provide a description of the manner of Project operations anticipated for the forthcoming year; and (iii) certify that the Districts have operated and will operate and maintain the Project facilities in accordance with sound engineering practices; and (B) subject to section 3, all electric power generated by operation of the Project shall be provided to and marketed by the Western Area Power Administration (including its successors and assigns). (d) Agreements.--Conveyance of the Project shall be subject to the agreements between the United States and the State of Colorado dated August 22, 1994, and September 23, 1994, relating to the construction and operation of recreational facilities at Vega Reservoir, which agreements shall continue to be performed by the parties thereto according to the terms of the agreements. SEC. 3. OPERATION. (a) Conformity to Historic Operations.--The power component and facilities of the Project shall be operated in substantial conformity with the historic operations of the power component and facilities (including recent operations in a peaking mode). (b) Power Marketing.-- (1) Under existing agreements.--The Districts shall be bound by the agreements between the Bureau of Reclamation and the Western Area Power Administration in existence on the date of enactment of this Act, which provide for the marketing of power generated by the power component of the Project as part of the output of the Salt Lake City Area Integrated Projects under the Post 1989 Operating Criteria, until those agreements expire or are terminated. (2) After expiration of existing agreements.-- (A) In general.--After the agreements described in paragraph (1) expire or are terminated, except as provided in subparagraph (B), the Districts shall provide all power produced by the power component of the Project to the Western Area Power Administration at a rate that-- (i) is sufficient to provide for the annual debt service, cost of capital, and operation (including maintenance and replacement) of the Project; and (ii) is determined in a manner that is consistent with the principles and assumptions followed by the Western Area Power Administration as of the date of enactment of this Act in its annual power repayment study for the Project. (B) Unacceptable rate.--If the Western Area Power Administration declines to market the power at a rate described in subparagraph (A), or if the rate at which the power would be marketed by Western Area Power Administration would not provide sufficient revenue to enable the Districts to recoup their cost of capital and operate, maintain, and replace the power component of the Project in accordance with sound engineering practices, the Districts may sell the power to entities other than the Western Area Power Administration. (c) License.--The Districts are by this Act granted a license under the Federal Power Act (16 U.S.C. 791a et seq.) for the operation of the Project in accordance with the requirements of section 2(c), for a period of 40 years after the date of conveyance of the Project, after which period the license may be renewed in accordance with applicable law. SEC. 4. INAPPLICABILITY OF NEPA. The conveyance of the Project does not constitute a major Federal action within the meaning of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (including regulations issued under that Act). SEC. 5. INAPPLICABILITY OF PRIOR AGREEMENTS AND OF FEDERAL RECLAMATION LAWS. On conveyance of the Project to the Districts-- (1) the Repayment Contract dated May 27, 1957, as amended April 12, 1962, between the Collbran Conservancy District and the United States, and the Contract for Use of Project Facilities for Diversion of Water dated January 11, 1962, as amended November 10, 1977, between the Ute Water Conservancy District and the United States, shall be terminated and of no further force or effect; and (2) the Project shall no longer be subject to or governed by the Federal reclamation laws. SEC. 6. LIABILITY. (a) Districts.--The Districts shall be liable for all acts or omissions relating to the operation and use of the Project that occur subsequent to the conveyance. (b) United States.--The United States shall retain any liability that exists under any law for latent defects in the Project.	Directs the Secretary of the Interior, within 90 days after the enactment of this Act, to convey to the Ute Water Conservancy District and the Collbran Conservancy District (districts) all rights and interests of the United States in and to the Collbran Reclamation Project. Provides for: (1) payment to the United States by the districts of the net present value of outstanding repayment obligations of the districts; (2) deposit into the Treasury of such payment and authorized uses of such deposits; (3) Project operation and use by the districts for 40 years; (4) a required annual plan from the districts for operation of the Project during such period; and (5) conveyance subject to specified agreements between the United States and Colorado relating to the construction and operation of recreational facilities at Vega Reservoir, a Project area. Requires the Project's power component and facilities to be operated in substantial conformity with its past operation. Provides for Project power marketing under existing agreements. Requires the districts, after the expiration of such agreements, to provide all Project power produced to the Western Area Power Administration at a specified rate. Grants a 40-year license to the districts for Project operation. Makes the "major Federal action" provisions of the National Environmental Policy Act of 1969 inapplicable to such conveyance. Terminates certain previous agreements upon such conveyance. Makes the districts liable for all acts or omissions relating to the operation and use of the Project subsequent to the conveyance. Holds the United States liable for latent Project defects.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Project to Protect America Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the current system of compensation for Federal law enforcement officers (hereinafter in this section referred to as ``FLEOs'') must be reformed in order to deal with recruitment, retention, and morale problems associated with assignments to high-cost areas; (2) as the Office of Personnel Management has confirmed, limitations on premium pay are contributing to the pay compression problem which, in turn, may be undermining the efficacy of incentives designed to encourage FLEOs to assume greater supervisory and managerial duties; (3) the security of the Nation, as the 9-11 Commission Report confirmed, depends on effective Federal law enforcement; this is particularly true of large metropolitan areas, which should be staffed with FLEOs who are fairly compensated for their services; (4) the combination of rising living costs and lagging compensation threatens to worsen the significant recruitment and retention problems already facing Federal law enforcement agencies; (5) the problems described in paragraph (4) are especially serious among law enforcement officers of the Federal Bureau of Investigation, who are recruited and subject to assignment nationwide, and, upon assignment, are expected to adjust rapidly; but who, particularly in the case of those assigned to high-cost areas, often experience significant difficulties in finding adequate and affordable housing; and (6) the Office of Personnel Management should experiment with innovative approaches to addressing compensation problems in the Federal workforce and, in the case of FLEOs, should look to the Department of Defense as a model for providing a reasonable housing allowance to assist those assigned to high- cost areas. SEC. 3. HOUSING ALLOWANCE DEMONSTRATION PROJECT. (a) In General.--The Office of Personnel Management shall provide for a demonstration project under which eligible employees will be paid a basic housing allowance. (b) Eligible Employees.--For purposes of this Act, the term ``eligible employee'' means an employee who holds a position that-- (1) is in or under the Federal Bureau of Investigation; (2)(A) is classified under chapter 51 of title 5, United States Code, as a GS-1811 position; or (B) if the GS-1811 classification is redesignated or abolished or the qualification requirements for the GS-1811 classification are modified after the date of enactment of this Act, meets the qualification requirements for the GS-1811 classification either as then currently in effect or as in effect on such date of enactment; and (3) is within a high-cost area. Such term does not include an employee who is serving on a temporary basis or a part-time career employment basis (within the meaning of section 3401 of such title 5) or who is a reemployed annuitant (within the meaning of section 8344 or 8468 of such title 5). (c) Identification of High-Cost Areas.-- (1) Criteria.-- (A) In general.--An area shall, with respect to any calendar year, be considered to be a high-cost area for purposes of this Act if, with respect to the calendar year last ending before the start of such fiscal year-- (i) the average monthly housing costs for that area exceeded the average monthly housing costs for the continental United States by at least 10 percent (the dollar amount of that difference hereinafter in this Act referred to as the ``housing cost differential''); or (ii) such area was one of the 10 areas within the continental United States having the highest cost of living (identified in such manner as the Office of Personnel Management shall determine) and for which average monthly housing costs exceeded the average monthly housing costs for the continental United States. (B) Same differential computation rule applies.-- The housing cost differential for any area identified under subparagraph (A)(ii) shall be determined in the same manner as described in subparagraph (A)(i), but disregarding the 10-percent requirement. (2) Annual determinations.--In order to carry out this subsection, the Office of Personnel Management shall (for each fiscal year during which the demonstration project remains in operation) identify which areas satisfy paragraph (1). (3) Costs of adequate housing.--Determinations of monthly housing costs under this subsection shall be based on the costs of renting adequate housing typically borne by individuals residing within the area involved who have income levels comparable to those of eligible employees within the same area (taking into account, with respect to eligible employees, only amounts payable to such employees under title 5, United States Code). (4) Definition of an area.--For purposes of this section, the term ``area'' means a metropolitan statistical area within the continental United States. (d) Basic Housing Allowance.-- (1) In general.--The Office of Personnel Management shall prescribe the basic housing allowance payable to eligible employees within each area that has been identified under subsection (c) as a high-cost area for purposes of the fiscal year involved. (2) Amount.--The amount of the basic housing allowance for each high-cost area shall be equal to such amount as the Office of Personnel Management shall determine, except that-- (A) determinations under this paragraph shall be made in a manner based on section 403(b) of title 37, United States Code (relating to basic allowance for housing for members of the uniformed services); and (B) in no event may any such amount be less than the housing cost differential determined under subsection (c) for the area and fiscal year involved. (3) Manner of payment.--A basic housing allowance shall be payable at the same time and in the same manner as basic pay. (4) Nonreduction rule.--Notwithstanding any other provision of this Act, the basic housing allowance payable to an individual who continuously remains an eligible employee within the same high-cost area may not be reduced by reason of any fluctuations in housing costs. (5) Rule of construction.--Nothing in this Act shall be considered to permit or require any reduction in basic pay by reason of an individual's eligibility for or receipt of a basic housing allowance. (e) Applicability of Provisions Governing Demonstration Projects Generally.--The demonstration project shall be conducted in accordance with section 4703 of title 5, United States Code, except that such project shall not be subject to the provisions of subsection (d)(1) thereof and shall not be taken into account for purposes of applying the numerical limitation under subsection (d)(2) thereof. (f) Duration.--The demonstration project-- (1) shall be conducted over the 5-year period beginning on the first day of the first fiscal year beginning at least 30 days after the date of enactment of this Act; and (2) may, subject to the availability of appropriations, be extended for one or more additional 12-month periods after the end of the 5-year period referred to in paragraph (1). (g) Reporting Requirement.--Not later than 90 days after the date on which the demonstration project terminates, the Office of Personnel Management shall submit to Congress a report on such project, together with recommendations for any legislation that the Office considers appropriate. Such report shall specifically address the effect of the housing allowance on employee retention, recruitment, and morale, and shall be based on appropriate data as well as comments received from management officials, employees, and other interested persons (including professional associations representing employees). (h) Other Definitions.--For purposes of this section-- (1) the term ``employee'' has the meaning given such term by section 2105 of title 5, United States Code; (2) the term ``management official'' has the meaning given such term by section 7103 of such title 5; and (3) the term ``continental United States'' means the several States and the District of Columbia, but does not include Alaska or Hawaii. SEC. 4. EXCLUSION FROM LIMITATION ON PREMIUM PAY. Section 5547 of title 5, United States Code, is amended-- (1) in subsection (a), by striking ``5545a,''; (2) in subsection (c), by striking ``or 5545a,''; and (3) in subsection (d), by striking the period and inserting ``or a criminal investigator who is paid availability pay under section 5545a.''.	Project to Protect America Act - Requires the Office of Personnel Management to provide for a demonstration project under which eligible federal employees who are holding positions that: (1) are in or under the Federal Bureau of Investigation (FBI); (2) are classified under a GS 1811 position (criminal investigative series regarding criminal investigators); and (3) are within high-cost areas will be be paid a basic housing allowance.
SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Access to Women's Health Care Act of 1999''. (b) Findings.--Congress makes the following findings: (1) Women's health historically has received little attention. (2) A provider of obstetric and gynecological care improves a woman's access to health care by providing primary and preventive health care throughout the woman's lifetime. (3) Sixty percent of all office visits to providers of obstetric and gynecological care are for preventive care. (4) Providers of obstetrical and gynecological care are uniquely qualified on the basis of education and experience to provide basic women's health care services. (5) While more than 37 States have acted to promote residents' access to providers of obstetrical and gynecological care, patients in other States or in Federally-governed health plans are not protected from access restrictions or limitations. SEC. 2. PATIENT ACCESS TO OBSTETRICAL AND GYNECOLOGICAL CARE. (a) In General.--If a group health plan, or a health insurance issuer in connection with the provision of health insurance coverage, requires or provides for a participant, beneficiary, or enrollee to designate a participating primary care provider, and an individual who is female has not designated a provider who specializes in obstetrics and gynecology as a primary care provider, the plan or issuer-- (1) may not require authorization or a referral by the individual's primary care provider or otherwise for coverage of gynecological care (such as preventive women's health examinations) and pregnancy-related services provided by a participating health care professional who specializes in obstetrics and gynecology to the extent that such care is otherwise covered; and (2) may treat the ordering of other gynecological and obstetrical care, including referrals for related care, by such a participating provider as the authorization of the primary care provider with respect to such care under the plan or coverage. (b) Construction.--Nothing in subsection (a)(2) shall be construed to waive any requirements of coverage relating to medical necessity or appropriateness with respect to coverage of the gynecological and obstetrical care so ordered. (c) Providers.--A group health plan, or a health insurance issuer in connection with the provision of health insurance coverage, that provides benefits, in whole or in part, through participating health care providers shall have (in relation to the coverage) a sufficient number, distribution, and variety of qualified participating health care providers to ensure that all covered health care services, including specialty services, will be available and accessible in a timely manner to all participants, beneficiaries, and enrollees under the plan or coverage. (d) Prohibitions.--A group health plan, and a health insurance issuer in connection with the provision of health insurance coverage, may not-- (1) deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan or coverage, for the purpose of avoiding the requirements of this section; (2) provide monetary payments or rebates to individuals to encourage such individuals to access less than the minimum protections available under this section; (3) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided care to an individual participant, beneficiary, or enrollee in accordance with this section; or (4) provide incentives (monetary or otherwise) to a provider to induce such provider to provide care to an individual participant, beneficiary, or enrollee in a manner inconsistent with this section. (e) Level and Type of Reimbursements.--Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer in connection with the provision of health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. (f) Continued Applicability of State Law With Respect to Health Insurance Issuers.--This section shall not be construed to supersede any provision of State law which establishes, implements, or continues in effect any standard or requirement solely relating to health insurance issuers in connection with group health insurance coverage except to the extent that such standard or requirement prevents the application of a requirement of this section. SEC. 3. PATIENT ACCESS TO OBSTETRICAL AND GYNECOLOGICAL CARE UNDER PUBLIC HEALTH SERVICE ACT. (a) In General.--Subpart 2 of part A of title XXVII of the Public Health Service Act, as amended by the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277), is amended by adding at the end the following new section: ``SEC. 2707. PATIENT ACCESS TO OBSTETRIC AND GYNECOLOGICAL CARE. ``(a) In General.--Each group health plan shall comply with the patient protection requirements under section 2 of the Access to Women's Health Care Act of 1999, and each health insurance issuer shall comply with patient protection requirements under such section with respect to group health insurance coverage it offers, and such requirements shall be deemed to be incorporated into this subsection. ``(b) Notice.--A group health plan shall comply with the notice requirement under section 711(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) and a health insurance issuer shall comply with such notice requirement as if such subsection applied to such issuer and such issuer were a group health plan.'' (b) Individual Market.--Subpart 3 of part B of title XXVII of the Public Health Service Act, as amended by the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277), is amended by adding at the end the following new section: ``SEC. 2753. PATIENT ACCESS TO OBSTETRIC AND GYNECOLOGICAL CARE. ``(a) In General.--Each health insurance issuer shall comply with patient protection requirements under section 2 of the Access to Women's Health Care Act of 1999, with respect to individual health insurance coverage it offers, and such requirements shall be deemed to be incorporated into this subsection. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 711(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such subsection applied to such issuer and such issuer were a group health plan.''. SEC. 4. PATIENT ACCESS TO OBSTETRICAL AND GYNECOLOGICAL CARE UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) In General.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, as amended by the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277), is amended by adding at the end the following: ``SEC. 714. PATIENT ACCESS TO OBSTETRIC AND GYNECOLOGICAL CARE. ``(a) In General.--Subject to subsection (b), a group health plan (and a health insurance issuer offering group health insurance coverage in connection with such a plan) shall comply with the requirements of section 2 of the Access to Women's Health Care Act of 1999 (as in effect as of the date of enactment of such Act), and such requirements shall be deemed to be incorporated into this subsection. ``(b) Notice.--The imposition of the requirements of this section shall be treated as material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan, except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements shall apply.''. (b) Conforming Amendment.--The table of contents in section 1 of the Employee Retirement Income Security Act of 1974, as amended by the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277), is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Patient access to obstetric and gynecological care.''. SEC. 5. APPLICATION OF PATIENT ACCESS TO OBSTETRIC AND GYNECOLOGICAL CARE TO THE INTERNAL REVENUE CODE OF 1986. (a) In General.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 (relating to other requirements) is amended-- (1) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Patient access to obstetric and gynecological care''; and (2) by inserting after section 9812 the following new section: ``SEC. 9813. PATIENT ACCESS TO OBSTETRIC AND GYNECOLOGICAL CARE. ``A group health plan shall comply with the requirements of section 2 of the Access to Women's Health Care Act of 1999 (as in effect as of the date of enactment of such Act), and such requirements shall be deemed to be incorporated into this section.''	Access to Women's Health Care Act of 1999 - States that a group health plan or a health insurance issuer, in the case of a woman who has not chosen a primary care provider who is an obstetrics-gynecology specialist: (1) may not require primary care provider referral for gynecological care and pregnancy-related services; and (2) may treat the ordering by such specialist of additional obstetrical and gynecological care as authorization by the primary care provider. Prohibits a plan or issuer from taking specified actions to limit membership or reduce access to or use of obstetrics and gynecological services. Amends the Public Service Act, as amended by the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (including the individual market), the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to require compliance with such obstetrics and gynecological access provisions.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Henry Ford Scholarship Program Act''. SEC. 2. HENRY FORD SCHOLARSHIP PROGRAM. (a) Program Established.--The Secretary is authorized to establish a program, in accordance with the requirements of this Act, to award scholarships to high-achieving students who graduate from secondary school after May 1, 2007, to pursue undergraduate degrees in mathematics, science, engineering, and health-related fields at institutions of higher education. (b) Henry Ford Scholars.--Individuals awarded scholarships under this Act shall be known as ``Henry Ford Scholars''. SEC. 3. SCHOLARSHIP AWARDS. (a) Scholarship Amount.-- (1) Maximum amount.--The maximum amount of a scholarship that an eligible student may receive under this section shall be $5,000 for an academic year, and shall be $20,000 in the aggregate. (2) Adjustment for insufficient appropriations.--If funds available to carry out this Act for an academic year are insufficient to fully fund all scholarships awarded by the Secretary under this Act for such academic year, the amount of the scholarship paid to each student under this Act shall be reduced proportionately. (b) Period of Award.--Scholarships under this section shall be awarded for a period of one academic year, and may be renewed for subsequent one-year periods during the first 4 years of study at any institution of higher education. (c) Relation to Other Assistance.--Scholarships provided under this Act shall not be considered for the purpose of awarding Federal grant assistance under title IV of the Higher Education Act of 1965 (20 U.S.C 1070 et seq.), except that in no case shall the total amount of student financial assistance awarded to a student under this Act and such title exceed such student's total cost of attendance. (d) Conversion to Loan.-- (1) Failure to obtain undergraduate degree in mathematics, science, engineering, or a health-related field.--Any individual who receives a scholarship award under this Act who fails to obtain a bachelor's degree with a major in mathematics, science, engineering, or a health-related field from an institution of higher education within a period prescribed by the Secretary by regulations issued pursuant to this Act, shall be required to repay a pro rata amount of the scholarship award received, plus interest (but in no event at an interest rate higher than the rate applicable to loans in the applicable period under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.)) and, where applicable, reasonable collection fees, on a schedule and at a rate of interest to be prescribed by the Secretary by such regulations. (2) Forgiveness if deceased or disabled.--An individual shall be excused from repayment of any scholarship award required under paragraph (1) if the individual dies or becomes permanently and totally disabled (as determined in accordance with regulations prescribed by the Secretary). SEC. 4. ELIGIBILITY. (a) Initial Student Eligibility.--To be eligible for a scholarship under this Act, a student shall-- (1) be a citizen, national, or permanent resident of the United States; (2) have a total adjusted gross income that-- (A) based on the income of the parents of the student (and excluding any income of the dependent student), is less than $200,000, in the case of a student who is a dependent student; (B) based on the income of the student, is less than $100,000, in the case of a student who is an independent student and is not married; or (C) based on the income of the student and the student's spouse, is less than $200,000, in the case of a student who is an independent student and is married; (3) be a graduate of a public or private secondary school, or have the equivalent of a certificate of graduation as recognized by the State in which the student resides; (4) be enrolled or accepted for enrollment in a program of undergraduate instruction leading to a bachelor's degree with a major in mathematics, science, engineering, or a health-related field at an institution of higher education; and (5) have obtained a cumulative grade point average of at least 3.5 (or the equivalent as determined under regulations prescribed by the Secretary)-- (A) at the end of the secondary school program of study, in the case of a student enrolled or accepted for enrollment in the first academic year of undergraduate education; or (B) at the end of the most recently completed academic year of undergraduate education, in the case of a student enrolled or accepted for enrollment in the second, third, or fourth academic year of undergraduate education. (b) Continuing Eligibility.--In order for a student to continue to be eligible to receive a scholarship under this Act for a subsequent year of undergraduate education, the student shall maintain eligibility under subsection (a), including fulfilling the grade point average requirement under paragraph (5)(B) of such subsection. SEC. 5. SELECTION. (a) Application.--Each eligible student desiring a scholarship under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (b) Award Basis.--Subject to subsection (c), scholarships under this section shall be awarded on a first-come, first-served basis and subject to the availability of appropriations. (c) Priority.--The Secretary shall give priority in awarding scholarships under this section for an academic year to eligible students who received a scholarship award under this section for the preceding academic year. SEC. 6. REGULATIONS. The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this Act. SEC. 7. DEFINITIONS. For the purposes of this Act: (1) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (2) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2008, and for each succeeding fiscal year.	Henry Ford Scholarship Program Act - Authorizes the Secretary of Education to establish a program awarding scholarships to high-achieving students (to be known as "Henry Ford Scholars") who graduate from secondary school after May 1, 2007, and pursue undergraduate degrees in mathematics, science, engineering, and health-related fields at institutions of higher education. Awards each scholarship for one academic year, but gives recipients who continue to meet scholarship eligibility criteria priority for additional one-year scholarships, for up to four years of undergraduate study. Sets forth eligibility criteria requiring applicants to have a cumulative grade point average of at least 3.5, and family or individual adjusted gross income of less than $200,000 or $100,000, respectively.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Retirees Health Care Protection Act''. SEC. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) Career uniformed service members and their families endure unique and extraordinary demands and sacrifices during the course of a decades-long career protecting freedoms for all Americans. (2) The extent of these demands and sacrifices is never so evident as in wartime, not only in today's Global War on Terrorism, but also during the last 6 decades of hot and cold wars when today's retired service members were on continuous call to enter into harm's way when and as needed. (3) The demands and sacrifices are such that few Americans are willing to accept them for a multi-decade career. (4) The primary offset for enduring the extraordinary sacrifices inherent in a military career is a system of extraordinary retirement benefits, including health care coverage considerably better than that afforded civilian workers, that a grateful Nation provides for those who choose to subordinate much of their personal life to the national interest for so many years. (5) Many private sector firms are curtailing health benefits and shifting significantly higher costs to their employees. (6) One effect of such curtailment is that retired service members who work for such employers increasingly depend on the TRICARE coverage they earned by their military service. (7) While the Department of Defense has made some efforts to constrain TRICARE program costs, a large part of the Department's effort has been aimed at shifting a larger share of cost burdens to retired service members. (8) The beneficiary cost increases proposed by the Department of Defense fail to recognize adequately that career service members paid enormous in-kind premiums through their extended service and sacrifice. (9) A significant share of the Nation's health care providers refuse to accept new TRICARE patients because TRICARE pays them significantly less than commercial insurance programs and imposes unique administrative requirements. (10) The Department of Defense has chosen to count the accrual deposit to the Department of Defense Medicare-Eligible Retiree Health Care Fund against the budget of the Department of Defense, contrary to the amendments made by section 725 of Public Law 108-375. (11) Leaders of the Department of Defense have reported to Congress that counting such deposits against the budget of the Department of Defense is impinging on other readiness needs, including weapons programs, an inappropriate situation which section 725 of Public Law 108-375 was intended expressly to prevent. (b) Sense of Congress.--It is the sense of Congress that-- (1) the Department of Defense and the Nation have a committed health benefits obligation to retired uniformed service members that exceeds the obligation of corporate employers to civilian employees; and (2) the Department of Defense has many additional options to constrain the growth of health care spending in ways that do not disadvantage beneficiaries and should pursue any and all such options rather than seeking large fee increases for beneficiaries. SEC. 3. PROHIBITION ON INCREASES OF CERTAIN HEALTH COSTS AND RESTRICTIONS ON HEALTH BENEFIT ADJUSTMENTS FOR MEMBERS AND RETIREES OF THE UNIFORMED SERVICES AND THEIR DEPENDENTS. (a) Prohibition on Increase in Charges Under Contracts for Medical Care.--Section 1097(e) of title 10, United States Code, is amended in the last sentence-- (1) by striking ``during the period beginning on'' and inserting ``after''; and (2) by striking ``, and ending on September 30, 2011''. (b) Prohibition on Increase in Amount of Cost Sharing Requirement Under Pharmacy Benefits Program.--Section 1074g(a)(6)(A) of title 10, United States Code, is amended by adding at the end the following: ``After September 30, 2011, the dollar amount of a cost sharing requirement (whether established as a percentage or a fixed dollar amount) may not be increased.''. (c) Prohibition on Increase in Charges for Inpatient Care.--Section 1086(b)(3) of title 10, United States Code, is amended by striking ``during the period beginning on April 1, 2006, and ending on September 30, 2011''. (d) Prohibition on Increase in Premiums Under TRICARE Coverage for Certain Members in the Selected Reserve.--Section 1076d(d)(3) of title 10, United States Code, is amended to read as follows: ``(3) Beginning on October 1, 2011, the monthly amount of the premium for TRICARE Standard coverage under this section may not be increased to be more than the amount in effect for the month of September 2011.''. (e) Prohibition on Increase in Premiums Under TRICARE Coverage for Certain Members of the Retired Reserve.--Section 1076e(d) of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(6) Beginning on October 1, 2011, the monthly amount of the premium for TRICARE Standard coverage under this section may not be increased to be more than the amount in effect for the month of September 2011.''.	Military Retirees Health Care Protection Act - Expresses the sense of Congress that: (1) the Department of Defense (DOD) and the nation have a committed health benefits obligation to retired military personnel that exceeds the obligation of corporate employers to civilian employees; and (2) DOD has many additional options to constrain the growth of health care spending in ways that do not disadvantage beneficiaries, and should pursue such options rather than seeking large fee increases for beneficiaries. Prohibits an increase after: (1) April 1, 2006, in a premium, deductible, copayment, or other charge prescribed by the Secretary of Defense for medical and dental health care coverage for military personnel; and (2) September 30, 2011, in the dollar amount of a cost-sharing requirement under the DOD pharmacy benefits program. Prohibits: (1) charges for DOD inpatient care from exceeding $535 per day; and (2) beginning on October 1, 2011, an increase in premiums under TRICARE (a DOD managed health care program) for certain members of the Selected Reserve and Retired Reserve.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Penn School - Reconstruction Era National Monument Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Penn Center on St. Helena Island in South Carolina is a unique historical and cultural resource for the understanding and interpretation of the Reconstruction era. (2) Penn Center is the site of Penn School, founded in 1862 by Laura M. Towne and Ellen Murray, missionaries from Pennsylvania. It was one of the first schools in the South for formerly enslaved African Americans. The school held classes at Oaks Plantation and Brick Church on St. Helena before moving to its permanent location. (3) In 1864, with assistance from the Freedman's Aid Society of Pennsylvania, Penn School purchased 50 acres of land across from Brick Church from Hastings Gantt and erected a schoolhouse shipped from Philadelphia as its first building. Penn School opened in its permanent location in January 1865, and the campus has continuously operated in various forms to the present day. (4) At its founding, Penn School was a central component of the Port Royal Experiment, the effort begun by the Lincoln Administration during the Civil War to help former slaves in the Sea Islands of the South Carolina Lowcountry become self- sufficient. (5) Penn School lasted much longer than the Port Royal Experiment, thriving for the duration of the Civil War and through the Reconstruction era, helping thousands transition to freedom. (6) After the Civil War ended, Laura Towne advocated for public funding of schools for African Americans in the Sea Islands, knowing that the philanthropic missionary organizations in Pennsylvania which supported Penn School could not meet the need. (7) In 1868, Robert Smalls, whose daughter attended Penn School during the Civil War, won passage of a provision at the South Carolina constitutional convention requiring compulsory education for all children ages seven to fourteen that would be financially supported by the government and free of charge to attend. (8) The Compromise of 1877 ended Reconstruction in the South, withdrawing Federal military protection of African Americans' rights. The effects on education of African Americans were immediate. South Carolina quickly stripped communities of their power to democratically elect school board members. By June 1877, the people of St. Helena were forbidden to raise money for educational purposes, effectively ending their nascent public school system. (9) Penn School, privately funded by Northern charities, continued, and as Reconstruction ended and the Jim Crow era took hold, Penn School became a sanctuary for former slaves and their descendants, developing a class of rural Black landowners who built communities and preserved African traditions. This adaptation of old traditions to a new land forged a unique culture, which would become known as Gullah. (10) In 1901, upon the death of co-founder Laura Towne, who had led the school for 40 years, the Penn School reorganized as the Penn Normal, Agricultural and Industrial School. Led by new chairman, Horace Burke Frissell, then President of Hampton Institute, it adopted the industrial arts curriculum taught at Hampton and Tuskegee Institutes. (11) By 1948, Beaufort County was operating public schools on St. Helena and the other sea islands. Penn Normal, Agricultural and Industrial School ended its academic mission and reorganized as Penn Community Services, Inc. (known as Penn Center), dedicated to civil rights and social justice, the preservation of Gullah history and culture, and providing critical services and resources to the community on St. Helena. (12) In the 1950s and 60s, Penn Center was one of the few places in the South that Whites and Blacks could gather together, and as a result many social and political organizations used the campus to plan activities as part of the Civil Rights Movement. (13) Dr. Martin Luther King, Jr., used Penn Center for Southern Christian Leadership Conference staff retreats and to plan other activities. Much of SCLC's planning for the great ``March on Washington'' and the ``Poor People's Campaign'' took place at Penn Center as did several of King's iconic speeches. (14) The Penn Center campus was designated a National Historic Landmark District by the Secretary of the Interior in 1974. (15) Penn Center began to offer legal services, particularly those involving heirs' property issues, to preserve African-American family land ownership in St. Helena and the surrounding area where property had passed from generation to generation without the benefit of wills or estate plans as a result of Blacks' lack of access to the legal system. (16) In 2000, Congress instructed the National Park Service to execute the Low Country Gullah Culture Special Resource Study, which was completed in 2005. Building on those findings, in 2006 Congress authorized the Gullah/Geechee Cultural Heritage Corridor, dedicating an entity to the preservation and interpretation of African-American culture on the Southeast coast, known as Gullah in North Carolina and South Carolina and Geechee in Georgia and Florida. Penn Center is at the heart of this corridor, helping preserve Gullah culture on St. Helena and throughout the Sea Islands. (17) The National Park Service's Special Resource Study stated that, ``Penn School is one of the most historically significant educational and cultural institutions in the United States.''. (18) No unit of the National Park Service is dedicated to the preservation and interpretation of the Reconstruction Era, and establishing such a unit at Penn Center will be an important step in ensuring that the National Park Service offers a complete version of American history. SEC. 3. ESTABLISHMENT OF PENN SCHOOL - RECONSTRUCTION ERA NATIONAL MONUMENT. (a) Establishment.--There is hereby established Penn School - Reconstruction Era National Monument in the State of South Carolina, which shall become a unit of the National Park System when the Secretary has-- (1) acquired sufficient land or an interest in land within the boundary of the National Monument to constitute a manageable unit, as determined by the Secretary; and (2) entered into a written agreement with Penn Center, under subsection (d). (b) Purposes.--The purposes of the National Monument are-- (1) preserving and interpreting for the benefit of future generations the significant educational, social, and cultural history in the National Monument and providing a unit of the National Park Service dedicated to the history of the Reconstruction Era; (2) coordinating preservation, protection, and interpretation efforts by Federal, State, and local governmental entities, and private and nonprofit organizations; and (3) coordinating appropriate management options needed to ensure the protection, preservation, and interpretation of the many significant aspects of the National Monument. (c) Boundaries.--The boundaries of the National Monument are the same as the boundaries of the Penn Center National Historic Landmark District as depicted on the map. (d) Agreement.--The Secretary is authorized to enter into an agreement with Penn Center-- (1) regarding the transfer of land or interests in land; and (2) delineating the respective roles and responsibilities of the National Park Service and Penn Center in the operation, maintenance, and interpretation of the National Monument. (e) Publication of Notice.--Not later than 60 days after the date on which the conditions in subsection (a) are satisfied, the Secretary shall publish in the Federal Register notice of the establishment of the National Monument as a unit of the National Park System. (f) Land Acquisition.--The Secretary may acquire by donation, purchase with donated or appropriated funds from a willing seller, or exchange-- (1) lands or interests in land within the boundary of the National Monument; and (2) lands or interests in land in the vicinity of the National Monument, as determined by the Secretary. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary shall administer the National Monument in accordance with-- (1) this Act; and (2) the laws generally applicable to units of the National Park System, including-- (A) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code; and (B) chapter 3201 of title 54, United States Code. (b) Cooperative Agreements.--The Secretary may enter into cooperative agreements with other public and nonpublic parties that provide for-- (1) National Park Service operation and maintenance of the national historic park; (2) collaboration and cooperation by the National Park Service and Penn Center on management and interpretation of the National Monument; and (3) the State or other public and nonpublic parties, under which the Secretary may identify, interpret, and provide assistance for the preservation of non-Federal properties within and adjacent to the National Monument, including providing for placement of directional and interpretive signage, exhibits, and technology-based interpretive devices. (c) Management Plan.--Not later than 3 fiscal years after the date on which funds are first made available to carry out this Act, the Secretary shall complete a general management plan for the National Monument in accordance with-- (1) section 100502 of title 54, United States Code; and (2) any other applicable laws. (d) Legal Description and Map.--The Secretary shall prepare a legal description of the land and interests in land designated as the National Monument. The legal description and map prepared pursuant to this subsection shall be on file and available for public inspection in the appropriate offices. SEC. 5. AUTHORITY TO CARRY OUT FEDERAL LAW. Nothing in this Act modifies any authority of the United States to carry out Federal laws on Federal land located within the National Monument. SEC. 6. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Map.--Except for the purposes of section 4(d), the term ``map'' means the map titled ``Penn Center Historic District'' and received on August 22, 1974, by the Department of the Interior, National Register, as part of the National Register Nomination Form (Form 10-300) for the Penn Center Historic District. (3) National monument.--The term ``National Monument'' means the Penn School - Reconstruction Era National Monument pursuant to this Act. (4) Penn center.--The term ``Penn Center'' means Penn Community Services, Inc., a South Carolina corporation recognized under section 501(c)(3) of the Internal Revenue Code of 1986.	Penn School - Reconstruction Era National Monument Act This bill establishes the Penn School - Reconstruction Era National Monument in South Carolina, which shall become a unit of the National Park System (NPS) when the Department of the Interior has: acquired sufficient land or an interest in land within the monument's boundary to constitute a manageable unit, and entered into a written agreement with Penn Community Services, Inc. (known as Penn Center) pursuant to this bill. The bill declares that the monument's boundaries shall be the same as those of the Penn Center National Historic Landmark District. Interior may enter into an agreement with Penn Center: regarding the transfer of land or interests in land; and delineating the respective roles and responsibilities of the National Park Service and Penn Center in the operation, maintenance, and interpretation of the monument. Interior may acquire by donation, purchase from a willing seller, or exchange lands or interests in land within the monument's boundary and within its vicinity.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Beneficiary Access to Care Act of 2002''. SEC. 2. FINDINGS. The Congress finds and declares that-- (1) payments for drugs and biologicals under the Medicare outpatient hospital prospective payment system should be based on all of the costs of delivering outpatient pharmacy therapy (involving the drug or biological) in the outpatient hospital setting, including (but not limited to) acquisition costs, and the costs associated with storage, handling, processing, quality control, disposal, and pharmacy overhead should be fully accounted for under such system; (2) the payment rates proposed in Centers for Medicare & Medicaid Services, Medicare Program; Changes to the Hospital Outpatient Prospective Payment System and Calendar Year 2003 Payment Rates; and Changes to Payment Suspension for Unified Cost Report; Proposed Rule, (67 Federal Register 52092 et seq. (August 9, 2002)) do not fully reflect such costs; (3) the methodology implied by the statute establishing such system and used by the Centers for Medicare & Medicaid Services to estimate acquisition costs is flawed because it derives such estimates from what hospitals charged for individual products on patient bills without appropriate adjustment for hospital charging practices; (4) this methodology substantially underestimates the acquisition costs of newer, more expensive drugs and biologicals; (5) the methodology used to develop such rates produces erratic and unreliable results, with-- (A) the payment rate for one product increasing 700 percent and the rates for many others exceeding 100 percent of their average wholesale price (AWP), and (B) the payment rates for nine drugs and biologicals used in cancer therapy experiencing rate reductions of between 50 and 90 percent; (6) beneficiary access may be jeopardized in the outpatient hospital setting for those drugs and biologicals for which program payments are substantially below the costs of delivering them; and (7) the payment rates proposed for most drugs and biologicals under such system for calendar year 2003 are less than the payment rates established for them in 2002, with the payment reductions exceeding 30 percent in most cases. SEC. 3. DURATION OF PERIOD FOR WHICH TRANSITIONAL, PASS-THROUGH PAYMENTS ARE MADE FOR DRUGS AND BIOLOGICALS. (a) Continuation if Data Collected in 2 to 3 Year Period Are Inadequate.--Section 1833(t)(6) of the Social Security Act (42 U.S.C. 1395l(t)(6)) is amended-- (1) in subparagraph (C)(i), by striking ``The payment'' and inserting ``Except as provided in subparagraph (F), the payment''; and (2) by adding at the end the following: ``(F) Extension of period of payment.-- ``(i) In general.--Notwithstanding the 3- year limitation specified in subparagraph (C)(i), in the case of a drug or biological for which additional payments under this paragraph would (but for this subparagraph) cease to be made by reason of such limitation, such additional payments shall continue to be made with respect to the drug or biological during the period that begins with the last day of the period of payment under subparagraph (C)(i) and ends on a date specified by the Secretary that is no earlier than January 1 of the first calendar year beginning on or after the date on which the Secretary has met each of the requirements of clause (ii). ``(ii) Requirements.--The requirements of this clause are that the Secretary-- ``(I) engage an appropriate outside contractor with substantial expertise and experience in the methodology of prospective payment systems to study and report to the Secretary alternatives to the methodology used by the Centers for Medicare & Medicaid Services for determining the relative weights under paragraphs (2)(C) and (9) so that the relative weights more accurately and equitably reflect the variation in costs among items and services; ``(II) make public the report prepared under subclause (I) together with the Secretary's recommendations for changes in the methodology, and provide for a public comment period of at least 90 days on such report; ``(III) find and certify that adequate data are available reflecting all of the costs of delivering outpatient pharmacy therapy (involving the drug or biological) in the outpatient hospital setting, including acquisition, storage, handling, processing, quality control, disposal, and pharmacy overhead costs; ``(IV) find and certify that methodology used to determine relative payment weights for drugs and biologicals, when used with such data, produces a medicare OPD fee schedule payment amount that accurately and equitably reflects such costs; ``(V) report such findings to the Congress and release to the public the data used to support such findings; ``(VI) publish (on a date that is no earlier than 180 days after the requirements of subclause (V) have been met) a notice of proposed rulemaking on a relative payment weight to be used to determine the medicare OPD fee schedule payment amount for the drug or biological under this subsection, with a period for public comment of at least 90 days; and ``(VII) taking into account the comments received during the comment period for such notice, publish a final rule establishing a relative payment weight for the drug or biological.''. (b) Effective Date.--The amendments made by subsection (a) shall be effective as if included in the enactment of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999. SEC. 4. AMBULATORY PAYMENT CLASSIFICATIONS FOR DRUGS AND BIOLOGICALS AFTER PERIOD OF TRANSITIONAL PASS-THROUGH PAYMENTS. (a) In General.--Section 1833(t)(2) of the Social Security Act (42 U.S.C. 1395l(t)(2) is amended-- (1) by striking ``and'' at the end of subparagraph (F); (2) striking the period at the end of subparagraph (G) and inserting ``; and''; and (3) by adding at the end the following: ``(H) the Secretary shall, in determining the amount of payment under this subsection for a drug or biological furnished on or after the date on which transitional, pass-through payments under paragraph (6) cease to be made with respect to the drug or biological-- ``(i) treat the drug and biological as a separate group of covered OPD services; and ``(ii) to the greatest extent practicable, use the same designation for such group as was used for the group to which the drug or biological was assigned during the period for which transitional, pass-through payments were made with respect to the drug or biological.''. (b) Effective Date.--The amendments made by subsection (a) shall be effective as if included in the enactment of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999. SEC. 5. STUDY OF PHARMACY SERVICES USED TO PROVIDE CANCER DRUG THERAPIES IN HOSPITAL OUTPATIENT SETTING. (a) In General.--The Comptroller General of the United States shall conduct a study of payments under part B of title XVIII of the Social Security Act for pharmacy service costs and related costs that are incurred in acquiring chemotherapy and supportive care drugs and providing these therapies to cancer patients in hospital outpatient departments. The study shall-- (1) identify pharmacy costs, including the costs of storage, handling, processing, quality control, disposal, compliance with safety protocols and regulations, establishing dosage regimens that avoid drug interactions and contraindications, and pharmacy overhead; (2) include a review of the adequacy of the current payment methodology for pharmacy service costs and related costs; and (3) identify any changes to that methodology that are necessary to ensure recognition of and appropriate payment for all of the services and functions inherent in the provision of cancer treatment in hospital outpatient settings. (b) Report to Congress.--Not later than 12 months after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study under subsection (a), including any recommendations for legislation that is necessary to implement the changes identified under subsection (a)(3). SEC. 6. LIMIT ON REDUCTIONS FOR TRANSITIONAL, PASS-THROUGH PAYMENTS FOR DRUGS AND BIOLOGICALS. Section 1833(t)(6)(E) of the Social Security Act (42 U.S.C. 1395l(t)(6)(E)) is amended-- (1) in clause (i)-- (A) by striking ``In general.--''and inserting ``Years before 2003.--''; (B) by striking ``in a year'' and inserting ``in a year before 2003''; and (C) by striking ``clause (ii))'' and inserting ``clause (iv))''; (2) by striking clause (ii) and redesignating clause (iii) as clause (ii); and (3) by adding at the end the following: ``(iii) Years after 2002.--Before the beginning of 2003 and each subsequent year, the Secretary shall estimate the total of the additional payments to be made under this paragraph for covered OPD services furnished in the year (determined without regard to any limitation on the total amount of such payments) and shall adjust the conversion factor established under paragraph (3)(C) for the year by a budget neutrality percentage that, notwithstanding paragraph (2)(E), does not exceed the lesser of-- ``(I) the ratio (expressed as a percentage) of the Secretary's estimate of such total additional payments for such year to the Secretary's estimate of the total payments to be made under this subsection for all covered OPD services furnished in that year; or ``(II) the applicable percentage (specified in clause (iv)) for that year. ``(iv) Applicable percentage.--For purposes of clauses (i) and (iii), the term `applicable percentage' means-- ``(I) for a year (or portion of a year) before 2004, 2.5 percent; and ``(II) for 2004 and each subsequent year, a percentage specified by the Secretary up to (but not to exceed) 2.0 percent.''.	Beneficiary Access to Care Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act with respect to the prospective payment system for hospital outpatient department (OPD) services and: (1) duration of the period for which transitional, pass-through payments are made for drugs and biologicals; (2) ambulatory payment classifications for drugs and biologicals after the period of transitional pass-through payments; and (3) elimination of the limit on reductions for transitional, pass-through payments for drugs and biologicals.Directs the Comptroller General to study and report to Congress on pharmacy services used to provide cancer drug therapies in hospital outpatient departments.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Native Hawaiian and Other Pacific Islander Health Data Act of 2009''. SEC. 2. NATIVE HAWAIIANS AND OTHER PACIFIC ISLANDER HEALTH DATA. 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. NATIVE HAWAIIAN AND OTHER PACIFIC ISLANDER HEALTH DATA. ``(a) Definitions.--In this section: ``(1) Community group.--The term `community group' means a group of NHOPI who are organized at the community level, and may include a church group, social service group, national advocacy organization, or cultural group. ``(2) Nonprofit, nongovernmental organization.--The term `nonprofit, nongovernmental organization' means a group of NHOPI with a demonstrated history of addressing NHOPI issues, including a NHOPI coalition. ``(3) Designated organization.--The term `designated organization' means an entity established to represent NHOPI populations and which has statutory responsibilities to provide, or has community support for providing, health care. ``(4) Government representatives.--The term `government representatives' means representatives from Hawai`i, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Republic of Palau, and the Republic of the Marshall Islands. ``(5) Native hawaiians and other pacific islanders or nhopi.--The term `Native Hawaiians and Other Pacific Islanders' or `NHOPI' means people having origins in any of the original peoples of American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, Hawai`i, the Republic of the Marshall Islands, the Republic of Palau, or any other Pacific Island. ``(6) Insular area.--The term `insular area' means Guam, the Commonwealth of Northern Mariana Islands, American Samoa, the United States Virgin Islands, the Federated States of Micronesia, the Republic of Palau, or the Republic of the Marshall Islands. ``(b) National Strategy.-- ``(1) In general.--The Secretary, acting through the Director of the National Center for Health Statistics (referred to in this section as `NCHS') of the Centers for Disease Control and Prevention, and other agencies within the Department of Health and Human Services as the Secretary determines appropriate, shall develop and implement an ongoing and sustainable national strategy for identifying and evaluating the health status and health care needs of NHOPI populations living in the continental United States, Hawai`i, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Republic of Palau, and the Republic of the Marshall Islands. ``(2) Consultation.--In developing and implementing a national strategy, as described in paragraph (1), not later than 180 days after the date of enactment of the Native Hawaiian and Other Pacific Islander Health Data Act of 2009, the Secretary-- ``(A) shall consult with representatives of community groups, designated organizations, and nonprofit, nongovernmental organizations and with government representatives of NHOPI populations; and ``(B) may solicit the participation of representatives from other Federal departments. ``(c) Preliminary Health Survey.-- ``(1) In general.--The Secretary, acting through the Director of NCHS, shall conduct a preliminary health survey in order to identify the major areas and regions in the continental United States, Hawai`i, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Republic of Palau, and the Republic of the Marshall Islands in which NHOPI people reside. ``(2) Contents.--The health survey described in paragraph (1) shall include health data and any other data the Secretary determines to be-- ``(A) useful in determining health status and health care needs; or ``(B) required for developing or implementing a national strategy. ``(3) Methodology.--Methodology for the health survey described in paragraph (1), including plans for designing questions, implementation, sampling, and analysis, shall be developed in consultation with community groups, designated organizations, nonprofit, nongovernmental organizations, and government representatives of NHOPI populations, as determined by the Secretary. ``(4) Timeframe.--The survey required under this subsection shall be completed not later than 18 months after the date of enactment of the Native Hawaiian and Other Pacific Islander Health Data Act of 2009. ``(d) Progress Report.--Not later than 2 years after the date of enactment of the Native Hawaiian and Other Pacific Islander Health Data Act of 2009, the Secretary shall submit to Congress a progress report, which shall include the national strategy described in subsection (b)(1). ``(e) Study and Report by the IOM.-- ``(1) In general.--The Secretary shall enter into an agreement with the Institute of Medicine to conduct a study, with input from stakeholders in insular areas, on the following: ``(A) The standards and definitions of health care applied to health care systems in insular areas and the appropriateness of such standards and definitions. ``(B) The status and performance of health care systems in insular areas, evaluated based upon standards and definitions, as the Secretary determines. ``(C) The effectiveness of donor aid in addressing health care needs and priorities in insular areas. ``(D) The progress toward implementation of recommendations of the Committee on Health Care Services in the United States-Associated Pacific Basin of the Institute of Medicine that are set forth in the 1998 report, `Pacific Partnerships for Health: Charting a New Course for the 21st Century'. ``(2) Report.--An agreement described in paragraph (1) shall require the Institute of Medicine to submit to the Secretary and to Congress, not later than 2 years after the date of the enactment of the Native Hawaiian and Other Pacific Islander Health Data Act of 2009, a report containing a description of the results of the study conducted under paragraph (1), including the conclusions and recommendations of the Institute of Medicine for each of the items described in subparagraphs (A) through (D) of such paragraph. ``(f) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2010 through 2015.''.	Native Hawaiian and Other Pacific Islander Health Data Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to: (1) develop and implement an ongoing and sustainable national strategy for identifying and evaluating the health status and health care needs of NHOPI (Native Hawaiians and Other Pacific Islanders) populations living in the continental United States, Hawaii, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Republic of Palau, and the Republic of the Marshall Islands; and (2) conduct a preliminary health survey to identify the major regions of such areas in which NHOPI people reside, including data the Secretary determines to be useful in determining health status and health care needs or required for developing or implementing the national strategy. Directs the Secretary to enter into an agreement with the Institute of Medicine to conduct a study on: (1) the standards and definitions of health care applied to health care systems in Guam, the Northern Mariana Islands, American Samoa, the U,S. Virgin Islands, Micronesia, Palau, or the Marshall Islands; (2) the status and performance of health care systems in such areas; (3) the effectiveness of donor aid in addressing health care needs and priorities in such areas; and (4) progress toward implementing recommendations of the Institute's Committee on Health Care Services in the United States-Associated Pacific Basin that are set forth in the 1998 report, "Pacific Partnerships for Health; Charting a New Course for the 21st Century."
SECTION 1. SHORT TITLE. This Act may be cited as the ``Arctic Deep Water Ports Enhancement Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) There is a pressing national need to prepare for increasing human activity and expanding commerce in the Arctic. Such activity will likely include oil and gas development, fishing, shipping, and tourism. (2) To respond to this increase in activity, there is a need for port facilities in the Arctic that can accommodate deep-draft ships, support search and rescue activities, scientific research, and Arctic oil and gas development, and serve as an Arctic harbor of refuge. (3) The residents of the Arctic region of the United States are under-served in freight transportation, and deep-draft ports in the Arctic will enhance economic opportunities and quality of life for such residents. (4) Arctic communities rely on subsistence hunting for economic and cultural survival, and it is critical to protect the Arctic environment and maintain subsistence resources. (5) Coordinating and expediting the development of deep- draft ports in the Arctic is in the national interest. SEC. 3. DEFINITIONS. In this Act: (1) Arctic deepwater port.--The term ``Arctic deepwater port'' means any port facility located-- (A) in waters north of 60 degrees latitude north and west of 162 degrees longitude west that have a water depth of not less than 30 feet; or (B) in waters north of 63 degrees latitude north that have a water depth of not less than 30 feet. (2) Consumer price index.--The term ``Consumer Price Index'' means the Consumer Price Index for all-urban consumers, United States city average, as published by the Bureau of Labor Statistics, or if such index shall cease to be published, any successor index or reasonable substitute thereof. (3) Coordinator.--The term ``Coordinator'' means the Federal Coordinator for Arctic Deepwater Port Projects appointed under section 7(b)(1). (4) Developer.--The term ``developer'', with respect to an Arctic deepwater port, means any private entity, State, municipal, or borough government, Alaska Native corporation created by section 7 of the Alaska Native Claims Settlement Act (43 U.S.C. 1606), or the western Alaska community development quota program created by section 305(i)(1) of the Magnuson- Stevens Fishery Conservation and Management Act that is seeking to develop an arctic deepwater port. (5) Development.--The term ``development'', with respect to an Arctic deepwater port, means any aspect of the development, construction, or operation of such port. (6) Eligible lender.--The term ``eligible lender'' means any non-Federal qualified institutional buyer (as defined by section 230.144A(a) of title 17, Code of Federal Regulations (or any successor regulation), known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933), including-- (A) a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986 (26 U.S.C. 4974(c)) that is a qualified institutional buyer; and (B) a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986 (26 U.S.C. 414(d)) that is a qualified institutional buyer. (7) Environmental review.--The term ``environmental review'' means an environmental impact statement, environmental assessment, or other document required for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (8) Federal guarantee instrument.--The term ``Federal guarantee instrument'' means any guarantee or other pledge by the Secretary to pledge the full faith and credit of the United States to pay all of the principal and interest on any loan or other debt obligation entered into by a holder of a certificate of public convenience and necessity. (9) Office.--Except as otherwise specifically provided, the term ``Office'' means the Office of the Federal Arctic Deepwater Port Coordinator established under section 7(a). (10) Secretary.--Except as otherwise specifically provided, the term ``Secretary'' means the Secretary of the Army. SEC. 4. ARCTIC DEEPWATER PORT DEVELOPMENT PARTNERSHIPS. The Secretary is authorized to enter into partnership agreements with developers-- (1) to plan, survey, design, construct, maintain, or operate Arctic deepwater ports; (2) to provide technical assistance for the activities described in paragraph (1); and (3) to receive funds for such activities from Federal, non- Federal, and private entities, including developers of an Arctic deepwater ports that have an agreement with the Secretary for such an activity under this section. SEC. 5. ARCTIC PORT INFRASTRUCTURE DEVELOPMENT FUND. (a) Establishment.--There is established in the Treasury of the United States a trust fund to be known as the ``Arctic Port Infrastructure Development Fund'', consisting of such amounts as may be appropriated or credited to such Fund, as provided in this section. (b) Deposits in the Fund.--There may be deposited into the Arctic Port Infrastructure Development Fund-- (1) amounts from Federal, non-Federal, and private entities received by the Secretary under section 4(3); and (2) such amounts as may be appropriated or transferred to the Fund under this section. (c) Expenditures.--Amounts in the Arctic Port Infrastructure Development Fund shall be available to the Secretary-- (1) to administer and carry out Arctic deepwater port development projects; (2) to make refunds related to Arctic deepwater port development projects that will not be completed; and (3) to make loan guarantees as described in subsection (d). (d) Loan Guarantees.-- (1) Authority.-- (A) In general.--The Secretary may enter into agreements with developers to issue Federal guarantee instruments with respect to loans and other debt obligations for Arctic deepwater ports. (B) Expiration of authority.--The authority of the Secretary to issue Federal guarantee instruments under this section for Arctic deepwater ports shall expire on the date that is 30 years from the date of enactment of this Act. (2) Conditions.--The Secretary may issue a Federal guarantee instrument under this section for Arctic deepwater ports only if the loan or other debt obligation guaranteed by the instrument has been issued by an eligible lender. (3) Limitations on amounts.-- (A) Limitation on percentage of total capital costs.--The amount of loans and other debt obligations guaranteed under this section for Arctic deepwater ports shall not exceed 75 percent of the total capital costs of the project, including interest during construction. (B) Maximum amount guaranteed.--The principal amount of loans and other debt obligations guaranteed under this section shall not exceed, in the aggregate, $3,000,000,000, which amount shall be indexed for United States dollar inflation from the date of the enactment of this Act, as measured by the Consumer Price Index. (4) Loan terms and fees.-- (A) In general.--The Secretary may issue Federal guarantee instruments under this section that take into account repayment profiles and grace periods justified by project cash flows and project-specific considerations. (B) Maximum loan term.--The term of any loan guaranteed under this section shall not exceed 30 years. (C) Fees.--An eligible lender may assess and collect from the borrower such other fees and costs associated with the application and origination of the loan or other debt obligation as are reasonable and customary for a project finance transaction in the transportation infrastructure sector. (5) Regulations.--The Secretary may issue regulations to carry out this subsection. (e) Transfers, Availability of Funds.-- (1) Authorization of appropriations.-- (A) Arctic deepwater port development projects.-- There are authorized to be appropriated to the Arctic Port Infrastructure Development Fund such sums as may be necessary to carry out paragraphs (1) and (2) of subsection (c). (B) Loan guarantees.--There are authorized to be appropriated such sums as may be necessary to cover the cost of loan guarantees under this section, as defined by section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)). (2) Transfers.--Amounts appropriated or otherwise made available for any fiscal year for an Arctic deepwater port facility may be transferred, at the option of the recipient of such amounts, to the Arctic Port Infrastructure Development Fund and administered by the Secretary as a component of an Arctic deepwater port development project. (3) Availability of funds.--Amounts appropriated pursuant to an authorization of appropriations in this subsection and other amounts in the Arctic Port Infrastructure Fund shall remain available until expended. SEC. 6. ENVIRONMENTAL REVIEWS FOR ARCTIC DEEPWATER PORTS. (a) Designation of Lead Agency.-- (1) In general.--The Secretary-- (A) shall be the lead for purposes of complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the development of an Arctic deepwater port, regardless of the agency or department of the United States taking the action that requires compliance with such Act; and (B) shall be responsible for preparing any environmental review related to such action. (2) Consolidation of statements.--In carrying out paragraph (1), with respect to any environmental review for an action related to development of an Arctic deepwater port, the Secretary shall prepare a single document, which shall consolidate the environmental reviews of each agency or department of the United States considering any aspect of such action. (3) Satisfaction of requirements.--An environmental review prepared by the Secretary under paragraph (1) for an action related to development of an Arctic deepwater port shall be adopted by each appropriate agency or department of the United States in satisfaction of the responsibilities of such agency or department under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to such action. (b) Expedited Process.--The Secretary shall-- (1) not later than 1 year after the date that the Secretary determines that an application for an environmental review related to an Arctic deepwater port is complete, issue a draft version of the environmental review; and (2) not later than 180 days after the date of issuance of such draft version, issue the final version of the environmental review, unless the Secretary for good cause determines that additional time is needed. (c) Cooperation With Other Agencies.-- (1) In general.--Each agency or department of the United States that, if not for subsection (a), would be required to prepare an environmental review for any aspect of the development of an Arctic deepwater port project shall-- (A) cooperate with the Secretary; and (B) comply with deadlines established by subsection (b) for the issuance of the environmental review by the Secretary. SEC. 7. FEDERAL COORDINATOR FOR ARCTIC DEEPWATER PORT PROJECTS. (a) Office of the Federal Arctic Deepwater Port Coordinator.--There is established, as an independent office in the Office of the Assistant Secretary of the Army for Civil Works of the Department of the Army, the Office of the Federal Arctic Deepwater Port Coordinator. (b) Coordinator for Arctic Deepwater Port Projects.-- (1) Appointment.--The Office shall be headed by a Federal Coordinator for Arctic Deepwater Port Projects, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Compensation.--The Coordinator shall be compensated at the rate prescribed for level III of the Executive Schedule set out in section 5314 of title 5, United States Code. (3) Duties.--The Coordinator shall be responsible for-- (A) coordinating the expeditious discharge of all activities of the agencies and departments of the United States for the preparation of environmental reviews related to the development of an Arctic deepwater port; (B) ensuring the compliance of such agencies or departments with the provisions of this Act; (C) assessing potential partnerships described in section 4 and advising the Secretary on such partnerships; and (D) assessing applications for loan guarantees under section 5(d) and advising the Secretary on such terms as may be advisable to issue such guarantees. (c) Prohibition of Certain Terms and Conditions.--No agency or department of the United States may include in any certificate, right- of-way, permit, lease, or other authorization issued for an Arctic deepwater port any term or condition that may be permitted, but is not required by, any applicable law if the Coordinator determines that such term or condition would prevent or impair in any significant respect the expeditious construction and operation, or an expansion, of an Arctic deepwater port. (d) Prohibition of Certain Actions.--Unless required by law, no agency or department of the United States shall add to, amend, or abrogate any certificate, right-of-way, permit, lease, or other authorization issued to an Arctic deepwater port if the Coordinator determines that the action would prevent or impair in any significant respect the expeditious construction and operation, or an expansion, of an Arctic deepwater port. SEC. 8. ASSISTANCE TO DEVELOPERS OF ARCTIC DEEPWATER PORTS. (a) Infrastructure Finance Funding.--Notwithstanding any limitation of chapter 6 of title 23, United States Code, a developer of an Arctic deepwater port shall be eligible for assistance from the funds made available pursuant to such chapter for the development of such port. (b) Role of the Coast Guard.-- (1) In general.--The Commandant of the Coast Guard is authorized-- (A) to enter into long-term lease for moorage, warehousing, hangar space, and logistical support with a developer of an Arctic deep water port; and (B) to convey any property deemed surplus to the Coast Guard's needs in Alaska to any Alaskan borough, municipality or native corporation seeking to develop an Arctic deepwater port. SEC. 9. DEEPWATER PORT ACT OF 1974 AMENDMENT. Section 3(9)(A) of the Deepwater Port Act of 1974 (33 U.S.C. 1502(9)(A)) is amended by striking ``uses'' and inserting ``uses, including general handling of cargo, ship service or repair, logistical support for government and private sector activities at sea, or service as a harbor of refuge,''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $3,000,000 for each fiscal year to carry out this Act.	Arctic Deep Water Ports Enhancement Act of 2013 - Authorizes the Secretary of the Army to enter into partnership agreements with certain developers to: (1) plan, survey, design, construct, maintain, or operate Arctic deepwater ports; (2) provide technical assistance for such activities; and (3) receive funds from federal, nonfederal, and private entities, including developers of Arctic deepwater ports that have an agreement with the Secretary for such activity. Defines "Arctic deepwater port" as any port facility, in a water depth of at least 30 feet, located in waters: (1) north of 60 degrees latitude north and west of 162 degrees longitude west, or (2) north of 63 degrees latitude north. Defines "developer" as any private entity, state, municipal, or borough government, Alaska Native corporation created by the Alaska Native Claims Settlement Act, or the western Alaska community development quota program created by the Magnuson-Stevens Fishery Conservation and Management Act that is seeking to develop an Arctic deepwater port. Establishes the Arctic Port Infrastructure Development Fund within the U.S. Treasury. Permits the Secretary, within a 30-year period and subject to specified limitations, to issue federal guarantee instruments with respect to loans and other debt obligations for such ports. Requires the loan or debt obligation guaranteed by such instruments to be issued by an eligible nonfederal qualified institutional buyer. Designates the Secretary as the lead for purposes of complying with the National Environmental Policy Act of 1969 for the development of an Arctic deepwater port, regardless of the U.S. agency taking the action that requires compliance with such Act. Establishes the Office of the Federal Arctic Deepwater Port Coordinator as an independent office in the Office of the Assistant Secretary of the Army for Civil Works of the Department of the Army. Makes infrastructure finance funding available to assist developers of Arctic deepwater ports. Authorizes the Commandant of the Coast Guard to: (1) enter into long-term leases for moorage, warehousing, hangar space, and logistical support with Arctic deep water port developers; and (2) convey any property deemed surplus to the Coast Guard's needs in Alaska to any Alaskan borough, municipality, or native corporation seeking to develop such ports. Expands the definition of "deepwater port" under the Deepwater Port Act of 1974 to include the use of such structures for general handling of cargo, ship service or repair, logistical support for government and private sector activities at sea, or service as a harbor of refuge.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Benefits Protection Act of 2003''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The intent of the Employee Retirement Income Security Act of 1974 to protect the pension and welfare benefits of workers is frustrated by the practice of mislabeling or relabeling employees to improperly exclude them from employee benefit plans. Employees are wrongly denied benefits when they are misclassified or reclassified as temporary employees, part- time employees, leased employees, agency employees, staffing firm employees, and independent contractors. If their true employment status were recognized, these misclassified and reclassified employees would be eligible to participate in employee pension and welfare benefit plans because such plans are offered to other employees performing the same or substantially the same work and working for the same employer. (2) Mislabeled employees are often paid through staffing, temporary, employee leasing, or other similar firms to give the appearance that the employees do not work for their employer. Employment contracts and reports to government agencies also are used to give the erroneous impression that mislabeled employees work for staffing, temporary, employee leasing, or other similar firms, when the facts of the work arrangement do not meet the common law standard for determining the employment relationship. Employees are also mislabeled as contractors and paid from non-payroll accounts to give the appearance that they are not employees of their employer. These practices violate the Employee Retirement Income Security Act of 1974. (3) Employers are amending their employee benefit plans to add provisions that exclude mislabeled employees from participation in the plan even in the event that such employees are determined to be common law employees and otherwise eligible to participate in the plan. These plan provisions violate the Employee Retirement Income Security Act of 1974. (4) As a condition of employment or continued service, employees are often required to sign documents that purport to waive their right to participate in employee benefit plans. Such documents inaccurately claim to limit the authority of the courts and applicable Federal agencies to correct the mislabeling and relabeling of employees and to enforce the terms of plans providing for their participation. This practice violates the Employee Retirement Income Security Act of 1974. (5) As a condition of continued employment or service, employees are often required to sign documents that purport to waive their right to bring a lawsuit under the Employee Retirement Income Security Act of 1974. Such documents inaccurately claim to limit the ability of the courts and applicable Federal agencies to obtain any payments or benefits in the event that the waiver is found not to be knowing and voluntary. This practice violates the Employee Retirement Income Security Act of 1974. (b) Purpose.--The purpose of this Act is to clarify applicable provisions of the Employee Retirement Income Security Act of 1974 to ensure that employees are not improperly excluded from participation in employee benefit plans as a result of mislabeling or reclassifying their employment status. SEC. 3. ADDITIONAL STANDARDS RELATING TO MINIMUM PARTICIPATION REQUIREMENTS. (a) Required Inclusion of Service.--Section 202(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1052(a)(3)) is amended by adding at the end the following new subparagraph: ``(E) For purposes of this section, in determining years of service and hours of service-- ``(i) service shall include all service for the employer as an employee under the common law, irrespective of whether the individual-- ``(I) is paid through a staffing firm, temporary help firm, payroll agency, employment agency, or other such similar arrangement, ``(II) is paid directly by the employer under an arrangement purporting to characterize an employee under the common law as other than an employee, or ``(III) is paid from an account not designated as a payroll account, and ``(ii) in any case in which an employer, plan sponsor, or fiduciary (including any administrator, officer, trustee, or custodian) changes the job classification of any person from employee to leased employee, agency employee, staffing firm employee, independent contractor, or any similar category, in determining years of service and hours of service, service shall include all service for the employer that the person performs subsequent to such reclassification.''. (b) Exclusion Precluded When Related to Certain Purported Categorizations.--Section 202 of such Act (29 U.S.C. 1052) is amended further by adding at the end the following new subsection: ``(c)(1) Subject to paragraph (2), a pension plan shall be treated as failing to meet the requirements of this section if the plan excludes from participation any person who performs the same work (or substantially the same work) for the employer as other employees who generally are not excluded from participation in the plan, irrespective of the placement of such person in any category of workers (such as temporary employees, part-time employees, leased employees, agency employees, staffing firm employees, independent contractors, or any similar category) which may be specified under the plan as ineligible for participation. ``(2) Nothing in paragraph (1) shall be construed to preclude the exclusion from participation in a pension plan of individuals who in fact do not meet a minimum service period or minimum age which is required under the terms of the plan and which is otherwise in conformity with the requirements of this section.''. SEC. 4. OBJECTIVE ELIGIBILITY CRITERIA IN PLAN INSTRUMENTS. Section 402 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1102) is amended by adding at the end the following new subsection: ``(d)(1) The written instrument pursuant to which an employee benefit plan is maintained shall set forth eligibility criteria which-- ``(A) include and exclude employees on a uniform basis; ``(B) are based on reasonable job classifications other than the mere labeling of a job position as something other than an employee; and ``(C) are based on objective criteria stated in the instrument itself for the inclusion or exclusion (other than the mere listing of an employee as included or excluded). ``(2) No employee benefit plan may permit an employer or plan sponsor to exclude any person from participation irrespective of the placement of such employee in any category of workers (such as temporary employees, leased employees, agency employees, staffing firm employees, contractors, or any similar category), if the employee-- ``(A) is an employee of the employer under the common law; ``(B) performs the same work (or substantially the same work) for the employer as other employees who generally are not excluded from participation in the plan; and ``(C) meets a minimum service period or minimum age which is required under the terms of the plan. ``(3) In any case in which the employer of an individual who is a participant in an employee benefit plan, the plan sponsor of such plan, or a fiduciary of such plan requires such individual to convert to the status of a temporary employee, leased employee, agency employee, staffing firm employee, contractor, or any similar category as a condition of continuing in the service of the employer, such individual shall not cease to be treated under such plan or this title as a participant in such plan by reason of such conversion.''. SEC. 5. ENFORCEMENT. Section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132) is amended-- (1) in paragraphs (3)(B) and (5)(B) of subsection (a), by striking ``other appropriate equitable relief'' and inserting ``other appropriate relief, including such additional relief as a court of equity might have awarded in a case involving the enforcement or administration of a trust, other equitable relief, compensatory relief, or remedial relief''; (2) in subsection (a)(3)(B), by striking ``or'' at the end of clause (i) and inserting a comma, by striking the semicolon at the end of clause (ii) and inserting ``, or'', and by adding at the end the following: ``(iii) to provide restitution and other appropriate relief to employees who have been excluded from participation or have been misclassified or reclassified in violation of section 202 or 402''; (3) by striking ``or'' at the end of subsection (a)(8), by striking the period at the end of subsection (a)(9) and inserting ``; or'', and by adding at the end the following new paragraph: ``(10) by a participant or beneficiary to obtain a judicial declaration concerning whether a waiver of rights arising under this title or a plan, including a waiver of participation in a plan, was knowing and voluntary under the totality of the circumstances.''; (4) in subsection (g)(1), by inserting ``, reasonable expert fees,'' before ``and costs'' and by inserting before the period at the end the following: ``, except that the court shall award such fees and costs to a prevailing party in the case of an action brought to enforce section 510, unless the court determines that it would be unjust to do so under the circumstances''; and (5) by adding at the end of section 502 the following new subsection: ``(n) In an action under this section, if the court finds that any participant or beneficiary has been discharged, fined, suspended, expelled, disciplined, or discriminated against in violation of section 510, relief under this section may include enjoining such unlawful conduct and ordering such affirmative action as may be appropriate. Such action may include, but is not limited to, reinstatement or hiring and an award of back pay and lost benefits.''. SEC. 6. WAIVERS. Section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132) (as amended by section 5) is amended further by adding at the end the following new subsection: ``(o)(1) The rights under this title (including the right to maintain a civil action) may not be waived, deferred, or lost pursuant to any agreement not authorized under this title with specific reference to this paragraph. ``(2)(A) Subject to subparagraph (B), paragraph (1) shall not apply to an agreement providing for arbitration or participation in any other non-judicial procedure to resolve a dispute if the agreement is entered into knowingly and voluntarily by the parties involved after the dispute has arisen or is pursuant to the terms of a collective bargaining agreement. ``(B)(i) No waiver under subparagraph (A) of participation in an employee benefit plan may be considered knowing and voluntary if related, in whole or in part, to the misclassification or reclassification of an individual in one or more categories ineligible for participation in the plan. ``(ii) The party asserting the validity of a waiver under subparagraph (A) shall have the burden of proving that the waiver was knowing and voluntary. ``(iii) A waiver under subparagraph (A) shall not impose any limitation, including any condition precedent or penalty, adversely affecting the right of an individual to challenge the waiver by bringing a civil action in a court of competent jurisdiction. Any provision requiring an individual to tender back consideration received and any provision allowing employers, plan sponsors, and fiduciaries (including administrators, officers, trustees, and custodians) to recover attorney's fees or damages because of the filing of a civil action shall be treated as limitations referred to in the preceding sentence. Nothing in this clause shall be construed as precluding recovery of a reasonable attorney's fee or costs of action that may be authorized under subsection (g)(1). ``(iv) No individual who brings a civil action shall be required to tender back any consideration given in exchange for a waiver under subparagraph (A) before bringing such civil action. The retention of any consideration received in exchange for any waiver shall not constitute ratification of a waiver under subparagraph (A) or foreclose a challenge thereto. ``(v) No waiver otherwise permitted under subparagraph (A) may affect the Secretary's rights and responsibilities to enforce this title. No waiver may be used to justify interfering with the protected right of any person to participate in an investigation or proceeding conducted by the Secretary.''. SEC. 7. GENERAL PROVISIONS. (a) In General.--Except as otherwise provided in this Act, the amendments made by this Act shall apply with respect to plan years beginning on or after January 1, 2004. (b) Special Rule For Collectively Bargained Plans.--In the case of a plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified on or before the date of the enactment of this Act, subsection (a) shall be applied to benefits pursuant to, and individuals covered by, any such agreement by substituting for ``January 1, 2004'' the date of the commencement of the first plan year beginning on or after the earlier of-- (1) the later of-- (A) January 1, 2005; or (B) the date on which the last of such collective bargaining agreements terminates (determined without regard to any extension thereof after the date of the enactment of this Act); or (2) January 1, 2006. (c) Plan Amendments.--If any amendment made by this Act requires an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after January 1, 2005, if-- (1) during the period after such amendment made by this Act takes effect and before such first plan year, the plan is operated in good faith compliance with the requirements of such amendment made by this Act; and (2) such plan amendment applies retroactively to the period after such amendment made by this Act takes effect and before such first plan year.	Employee Benefits Protection Act of 2003 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to prohibit employers from disqualifying employees from benefits under their pension and welfare plans by misclassifying or reclassifying employee status.
SECTION 1. DEFINITIONS. For the purpose of this Act-- (1) ``enrollee'' means an individual enrolled in a health benefits plan; and (2) ``health benefits plan'', ``employee'', ``annuitant'', ``carrier'', and ``family member'' each has the meaning given that term under chapter 89 of title 5, United States Code. SEC. 2. PURPOSE OF THE DEMONSTRATION PROJECT. The Office of Personnel Management shall, during calendar years 1994 and 1995, conduct a demonstration project to provide a basis for determining the feasibility and desirability of including certain benefits relating to the treatment of drug abuse and alcohol abuse among the types of benefits generally provided for under chapter 89 of title 5, United States Code (relating to health insurance for Federal employees). SEC. 3. SCOPE OF THE PROJECT. (a) Plans and Enrollees.--The demonstration project-- (1) shall involve-- (A) the service benefit plan under section 8903(1) of title 5, United States Code; (B) the indemnity benefit plan under section 8903(2) of title 5, United States Code (if any); (C) the 2 employee organization plans under section 8903(3) of title 5, United States Code, with the largest number of enrollments, as determined by the Office of Personnel Management; and (D) 1 or more of the comprehensive medical plans operated by the carrier operating the 2 comprehensive medical plans under section 8903(4) of title 5, United States Code, with the largest number of enrollments, as determined by the Office; and (2) shall cover a sufficient number of enrollees and family members to provide an adequate basis on which to make any determination referred to in section 2. (b) Areas to be Covered.--The demonstration project shall-- (1) to the extent that it involves the plans under subparagraphs (A) through (C) of subsection (a)(1), be conducted within at least 1, and not more than 4, standard metropolitan statistical areas, as determined by the Office; and (2) to the extent that it involves the carrier referred to in subparagraph (D) of subsection (a)(1), be conducted within the standard metropolitan statistical area that includes Portland, Oregon. A standard metropolitan statistical area may not be selected for inclusion under paragraph (1) unless such area is one within which not less than 10,000, and not more than 25,000, employees and annuitants reside. SEC. 4. BENEFITS. Under the demonstration project, any contract under chapter 89 of title 5, United States Code, between the Office of Personnel Management and the carrier offering a plan described in section 3(a)(1)-- (1) shall, to the extent that such contract relates to individuals covered by the demonstration project, include benefits relating to-- (A) inpatient detoxification; (B) patient assessment; (C) outpatient therapy, including, wherever appropriate, worksite-based evening and weekend treatment programs, individual therapy, and group therapy; (D) inpatient therapy; (E) follow-up patient counselling; and (F) counselling for family members of the individual having the abuse problem; and (2) may, to the extent that such contract relates to individuals covered by the demonstration project, include benefits for related support services, including child care or other dependent care. SEC. 5. CONSULTATION. The Office of Personnel Management shall consult with appropriate representatives of carriers, labor organizations representing Government employees, and agency heads with regard to-- (1) the determinations required under section 3(b)(1); (2) any maximums, limitations, exclusions, or other terms or conditions relating to the benefits described in section 4; and (3) any other matter relating to the design, conduct, or evaluation of the demonstration project which the Office considers appropriate. SEC. 6. COORDINATION WITH OTHER GOVERNMENT PROGRAMS. The Office of Personnel Management shall coordinate the demonstration project with any activities carried out under-- (1) section 7904 of title 5, United States Code, relating to employee assistance programs offered by Executive agencies with respect to drug abuse and alcohol abuse; (2) subchapter VI of chapter 73 of title 5, United States Code, relating to programs and services for drug abuse and alcohol abuse; (3) section 6003 of the Anti-Drug Abuse Act of 1986 (5 U.S.C. 7361 note), relating to an educational program for Federal employees with respect to drug abuse and alcohol abuse; and (4) other related programs. SEC. 7. EVALUATION AND REPORTING REQUIREMENTS. (a) Periodic Evaluations.--The Office of Personnel Management shall by contract provide for the periodic evaluation of the demonstration project with respect to-- (1) cost and efficacy; (2) effects on employee productivity; and (3) the feasibility and desirability of offering the benefits provided under the demonstration project on a general basis under chapter 89 of title 5, United States Code. The authority to enter into a contract under this subsection may be exercised only to such extent or in such amounts as are provided in appropriation Acts. (b) Reporting Requirements.--(1) The Office shall-- (A) not later than March 15, 1996, submit an interim report to the Committee on Post Office and Civil Service of the House of Representatives and the Committee on Governmental Affairs of the Senate on the demonstration project; and (B) not later than April 1, 1997, submit to each of the committees referred to in subparagraph (A) a final report on the project. (2) Each report submitted under paragraph (1) shall include a copy of the most recent evaluation received by the Office under subsection (a). SEC. 8. FUNDING. (a) Individual and Government Contributions.--Notwithstanding any other provision of law, individual contributions and Government contributions under section 8906 of title 5, United States Code, shall be determined as if the preceding provisions of this Act had not been enacted. (b) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this Act (including any additional administrative costs).	Directs the Office of Personnel Management to conduct a demonstration project on the feasibility and desirability of including benefits relating to drug and alcohol abuse treatment among the benefits provided under Federal employee health benefit plans. Requires that certain numbers of standard metropolitan statistical areas meeting stated criteria be covered, including the area containing Portland, Oregon. Authorizes appropriations.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Support Enforcement Effectiveness Act of 2013''. SEC. 2. COMMISSION ON CHILD SUPPORT. (a) Establishment.--There is hereby established a Commission to be known as the Commission on Child Support (referred to in this section as the ``Commission''). (b) Membership.-- (1) Appointment.--The Commission shall be composed of 15 members, to be appointed not later than 30 days after the date of enactment of this Act, as follows: (A) The majority and minority leaders of the Senate, in consultation with the chairman and ranking member of the Committee on Finance of the Senate, shall jointly appoint 4 members. (B) The Speaker and the minority leader of the House, in consultation with the chairman and ranking member of the Committee on Ways and Means of the House of Representatives, shall jointly appoint 4 members. (C) The Secretary of Health and Human Services shall appoint 7 members. (2) Qualifications.--The membership of the Commission shall consist of individuals who are knowledgeable on issues regarding child support and related activities and shall include, among others, individuals representing the interests of parents, including noncustodial parents. (3) Period of appointment; quorum.--The provisions under paragraphs (2) and (3) of section 126 of the Family Support Act of 1988 (42 U.S.C. 666 note) providing for appointment of members and quorum for transaction of business shall apply to the Commission to the same extent and in the same manner as those provisions applied to the Commission on Interstate Child Support. (4) Meetings.-- (A) Initial meeting.--Following appointment of all of the members of the Commission, the first meeting of the Commission shall be held on the first date for which all members are available (as is determined by the Secretary of Health and Human Services). (B) Chairman.--During the first meeting of the Commission, the Commission shall elect a chairman from among its members. (C) Other meetings.--Following the first meeting of the Commission, any subsequent meetings shall be at the call of the chairman or by a majority vote of the membership. (D) Open to the public.--All meetings of the Commission shall be open to the public and any interested persons shall be permitted to appear at open meetings and present oral or written statements on the subject matter of the meeting, subject to such requirements and limitations as are determined appropriate by the chairman. All meetings of the Commission shall be preceded by timely public notice in the Federal Register of the time, place, and subject of the meeting. (5) Compensation.--Members of the Commission are not entitled to receive compensation for service on the Commission. Members may be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code. (c) Duties.-- (1) Review of child support enforcement programs.--The Commission shall conduct an evaluation of the effectiveness of existing child support enforcement programs and collection practices employed by State agencies administering programs under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.), including a review of any unintended consequences or performance issues associated with such programs and practices. (2) National conferences.--During fiscal years 2014 and 2015, the Commission shall hold 1 or more national conferences on child support reform for purposes of preparing the report described in paragraph (3). (3) Report to congress.--Not later than October 1, 2015, the Commission shall prepare and submit a report to Congress that contains recommendations for such legislative and administrative actions as the Commission determines appropriate for improvement in child support enforcement, including the following: (A) Methods to enhance the effectiveness of child support enforcement programs and collection practices, as determined pursuant to the Commission's review of such programs and practices under paragraph (1). (B) Implementation of distribution policies that ensure children are the beneficiaries of child support paid by noncustodial parents. (C) Fostering engagement by noncustodial parents in their children's lives by consideration of parental time and visitation with children in determining child support, and the role for alternative dispute resolution in making such determination. (D) Development of best practices for purposes of connecting custodial parents to services and support programs, including services for parents who are victims of domestic violence. (E) Development of best practices for purposes of employment support, job training, and job placement for custodial and noncustodial parents. (F) Establishment of services, supports, and child support payment tracking for noncustodial parents, including options for prevention and intervention on uncollectible arrearages such as retroactive obligations and Medicaid birthing costs. (G) Development of options for States to collect child support payments from individuals who owe arrearages in excess of $2,500. (d) Powers.--The provisions under section 126(e) of the Family Support Act of 1988 providing for use of mails, donations, procurement and contracting authority, and establishment of rules shall apply to the Commission to the same extent and in the same manner as those provisions applied to the Commission on Interstate Child Support. (e) Termination.--The Commission shall terminate 60 days after submission of the report described in subsection (c)(3). (f) Funding.-- (1) Authorization of appropriations.--For purposes of carrying out this section, there is authorized to be appropriated $2,000,000 for the period of fiscal years 2014 through 2015. (2) Unobligated amounts.--Any amounts made available under this section that are unobligated on the date of the termination of the Commission under subsection (e) shall be returned to the Treasury of the United States. SEC. 3. REINSTATEMENT OF FEDERAL MATCHING OF STATE SPENDING OF CHILD SUPPORT INCENTIVE PAYMENTS. Effective as if enacted on October 1, 2013, section 455(a)(1) of the Social Security Act (42 U.S.C. 655(a)(1)) is amended by striking ``from amounts paid to the State under section 458 or''.	Child Support Enforcement Effectiveness Act of 2013 - Establishes the Commission on Child Support to evaluate the effectiveness of existing child support enforcement programs and collection practices employed by state agencies administering programs under part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act (SSA). Amends part D of SSA title IV to repeal the exclusion from federal matching payments of any amounts expended by a state from child support incentive payments it has received from the Secretary of Health and Human Services (HHS). (Thus reinstates federal matching of state spending of child support incentive payments.)
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Our Students and Taxpayers Act of 2013'' or ``POST Act of 2013''. SEC. 2. 85/15 RULE. (a) In General.--Section 102(b) of the Higher Education Act of 1965 (20 U.S.C. 1002(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (D), by striking ``and'' after the semicolon; (B) in subparagraph (E), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(F) meets the requirements of paragraph (2).''; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: ``(2) Revenue sources.-- ``(A) In general.--In order to qualify as a proprietary institution of higher education under this subsection, an institution shall derive not less than 15 percent of the institution's revenues from sources other than Federal funds, as calculated in accordance with subparagraphs (B) and (C). ``(B) Federal funds.--In this paragraph, the term `Federal funds' means any Federal financial assistance provided, under this Act or any other Federal law, through a grant, contract, subsidy, loan, guarantee, insurance, or other means to a proprietary institution, including Federal financial assistance that is disbursed or delivered to an institution or on behalf of a student or to a student to be used to attend the institution, except that such term shall not include any monthly housing stipend provided under the Post-9/ 11 Veterans Educational Assistance Program under chapter 33 of title 38, United States Code. ``(C) Implementation of non-federal revenue requirement.--In making calculations under subparagraph (A), an institution of higher education shall-- ``(i) use the cash basis of accounting; ``(ii) consider as revenue only those funds generated by the institution from-- ``(I) tuition, fees, and other institutional charges for students enrolled in programs eligible for assistance under title IV; ``(II) activities conducted by the institution that are necessary for the education and training of the institution's students, if such activities are-- ``(aa) conducted on campus or at a facility under the control of the institution; ``(bb) performed under the supervision of a member of the institution's faculty; and ``(cc) required to be performed by all students in a specific educational program at the institution; and ``(III) a contractual arrangement with a Federal agency for the purpose of providing job training to low-income individuals who are in need of such training; ``(iii) presume that any Federal funds that are disbursed or delivered to an institution on behalf of a student or directly to a student will be used to pay the student's tuition, fees, or other institutional charges, regardless of whether the institution credits such funds to the student's account or pays such funds directly to the student, except to the extent that the student's tuition, fees, or other institutional charges are satisfied by-- ``(I) grant funds provided by an outside source that-- ``(aa) has no affiliation with the institution; and ``(bb) shares no employees with the institution; and ``(II) institutional scholarships described in clause (v); ``(iv) include no loans made by an institution of higher education as revenue to the school, except for payments made by students on such loans; ``(v) include a scholarship provided by the institution-- ``(I) only if the scholarship is in the form of monetary aid based upon the academic achievements or financial need of students, disbursed to qualified student recipients during each fiscal year from an established restricted account; and ``(II) only to the extent that funds in that account represent designated funds, or income earned on such funds, from an outside source that-- ``(aa) has no affiliation with the institution; and ``(bb) shares no employees with the institution; and ``(vi) exclude from revenues-- ``(I) the amount of funds the institution received under part C of title IV, unless the institution used those funds to pay a student's institutional charges; ``(II) the amount of funds the institution received under subpart 4 of part A of title IV; ``(III) the amount of funds provided by the institution as matching funds for any Federal program; ``(IV) the amount of Federal funds provided to the institution to pay institutional charges for a student that were refunded or returned; and ``(V) the amount charged for books, supplies, and equipment, unless the institution includes that amount as tuition, fees, or other institutional charges. ``(D) Report to congress.--Not later than July 1, 2014, and by July 1 of each succeeding year, the Secretary shall submit to the authorizing committees a report that contains, for each proprietary institution of higher education that receives assistance under title IV and as provided in the audited financial statements submitted to the Secretary by each institution pursuant to the requirements of section 487(c)-- ``(i) the amount and percentage of such institution's revenues received from Federal funds; and ``(ii) the amount and percentage of such institution's revenues received from other sources.''. (b) Repeal of Existing Requirements.--Section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094) is amended-- (1) in subsection (a)-- (A) by striking paragraph (24); (B) by redesignating paragraphs (25) through (29) as paragraphs (24) through (28), respectively; (C) in paragraph (24)(A)(ii) (as redesignated by subparagraph (B)), by striking ``subsection (e)'' and inserting ``subsection (d)''; and (D) in paragraph (26) (as redesignated by subparagraph (B)), by striking ``subsection (h)'' and inserting ``subsection (g)''; (2) by striking subsection (d); (3) by redesignating subsections (e) through (j) as subsections (d) through (i), respectively; (4) in subsection (f)(1) (as redesignated by paragraph (3)), by striking ``subsection (e)(2)'' and inserting ``subsection (d)(2)''; and (5) in subsection (g)(1) (as redesignated by paragraph (3)), by striking ``subsection (a)(27)'' in the matter preceding subparagraph (A) and inserting ``subsection (a)(26)''. (c) Conforming Amendments.--The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended-- (1) in section 152 (20 U.S.C. 1019a)-- (A) in subsection (a)(1)(A), by striking ``subsections (a)(27) and (h) of section 487'' and inserting ``subsections (a)(26) and (g) of section 487''; and (B) in subsection (b)(1)(B)(i)(I), by striking ``section 487(e)'' and inserting ``section 487(d)''; (2) in section 153(c)(3) (20 U.S.C. 1019b(c)(3)), by striking ``section 487(a)(25)'' each place the term appears and inserting ``section 487(a)(24)''; (3) in section 496(c)(3)(A) (20 U.S.C. 1099b(c)(3)(A)), by striking ``section 487(f)'' and inserting ``section 487(e)''; and (4) in section 498(k)(1) (20 U.S.C. 1099c(k)(1)), by striking ``section 487(f)'' and inserting ``section 487(e)''.	Protecting Our Students and Taxpayers Act of 2013 or the POST Act of 2013 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require proprietary institutions of higher education to derive at least 15% of their revenue from sources other than federal funds or become ineligible for title IV funding. (Currently, the 90/10 rule requires these schools to derive at least 10% of their revenue from sources other than title IV or become ineligible for title IV funding.) Defines "federal funds" as federal financial assistance provided through a grant, contract, subsidy, loan, guarantee, insurance, or other means to a proprietary institution, including federal financial assistance that is provided to an institution on behalf of a student or to a student to attend the institution. Excludes monthly housing stipends provided under the Post-9/11 Veterans Educational Assistance program from consideration as federal funds. Limits what a proprietary institution may treat as revenue to the school in calculating whether it derives at least 15% of its revenue from non-federal funds.
SECTION 1. SHORT TITLE. This Act may be cited as the ``A First Step to Long-Term Care Act of 2002''. SEC. 2. MAKING MEDICAID ESTATE RECOVERY OPTIONAL. (a) In General.--Section 1917(b)(1) of the Social Security Act (42 U.S.C. 1396p(b)(1)) is amended by striking ``shall seek'' each place it appears and inserting ``may seek''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of enactment of this Act. A State (as defined for purposes of title XIX of the Social Security Act) may apply such amendments to estates and sales occurring at such earlier date as the State may specify. SEC. 3. COVERAGE OF SUBSTITUTE ADULT DAY CARE SERVICES UNDER THE MEDICARE PROGRAM. (a) Substitute Adult Day Care Services Benefit.-- (1) In general.--Section 1861(m) of the Social Security Act (42 U.S.C. 1395x(m)) is amended-- (A) in the matter preceding paragraph (1), by inserting ``or (8)'' after ``paragraph (7)''; (B) in paragraph (6), by striking ``and'' at the end; (C) in paragraph (7), by adding ``and'' at the end; and (D) by inserting after paragraph (7), the following new paragraph: ``(8) substitute adult day care services (as defined in subsection (ww));''. (2) Substitute adult day care services defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Substitute Adult Day Care Services; Adult Day Care Facility ``(ww)(1)(A) The term `substitute adult day care services' means the items and services described in subparagraph (B) that are furnished to an individual by an adult day care facility as a part of a plan under subsection (m) that substitutes such services for a portion of the items and services described in subparagraph (B)(i) furnished by a home health agency under the plan, as determined by the physician establishing the plan. ``(B) The items and services described in this subparagraph are the following items and services: ``(i) Items and services described in paragraphs (1) through (7) of subsection (m). ``(ii) Meals. ``(iii) A program of supervised activities designed to promote physical and mental health and furnished to the individual by the adult day care facility in a group setting for a period of not fewer than 4 and not greater than 12 hours per day. ``(iv) A medication management program (as defined in subparagraph (C)). ``(C) For purposes of subparagraph (B)(iv), the term `medication management program' means a program of services, including medicine screening and patient and health care provider education programs, that provides services to minimize-- ``(i) unnecessary or inappropriate use of prescription drugs; and ``(ii) adverse events due to unintended prescription drug- to-drug interactions. ``(2)(A) Except as provided in subparagraphs (B) and (C), the term `adult day care facility' means a public agency or private organization, or a subdivision of such an agency or organization, that-- ``(i) is engaged in providing skilled nursing services and other therapeutic services directly or under arrangement with a home health agency; ``(ii) meets such standards established by the Secretary to ensure quality of care and such other requirements as the Secretary finds necessary in the interest of the health and safety of individuals who are furnished services in the facility; ``(iii) provides the items and services described in paragraph (1)(B); and ``(iv) meets the requirements of paragraphs (2) through (8) of subsection (o). ``(B) Notwithstanding subparagraph (A), the term `adult day care facility' shall include a home health agency in which the items and services described in clauses (ii) through (iv) of paragraph (1)(B) are provided-- ``(i) by an adult day-care program that is licensed or certified by a State, or accredited, to furnish such items and services in the State; and ``(ii) under arrangements with that program made by such agency. ``(C) The Secretary may waive the requirement of a surety bond under paragraph (7) of subsection (o) in the case of an agency or organization that provides a comparable surety bond under State law. ``(D) For purposes of payment for home health services consisting of substitute adult day care services furnished under this title, any reference to a home health agency is deemed to be a reference to an adult day care facility.''. (b) Payment for Substitute Adult Day Care Services.--Section 1895 of the Social Security Act (42 U.S.C. 1395fff) is amended by adding at the end the following new subsection: ``(f) Payment Rate for Substitute Adult Day Care Services.--In the case of home health services consisting of substitute adult day care services (as defined in section 1861(ww)), the following rules apply: ``(1) The Secretary shall estimate the amount that would otherwise be payable under this section for all home health services under that plan of care other than substitute adult day care services for a period specified by the Secretary. ``(2) The total amount payable for home health services consisting of substitute adult day care services under such plan may not exceed 95 percent of the amount estimated to be payable under paragraph (1) furnished under the plan by a home health agency.''. (c) Adjustment in Case of Overutilization of Substitute Adult Day Care Services.-- (1) Monitoring expenditures.--Beginning with fiscal year 2004, the Secretary of Health and Human Services shall monitor the expenditures made under the Medicare Program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for home health services (as defined in section 1861(m) of such Act (42 U.S.C. 1395x(m))) for the fiscal year, including substitute adult day care services under paragraph (8) of such section (as added by subsection (a)), and shall compare such expenditures to expenditures that the Secretary estimates would have been made for home health services for that fiscal year if subsection (a) had not been enacted. (2) Required reduction in payment rate.--If the Secretary determines, after making the comparison under paragraph (1) and making such adjustments for changes in demographics and age of the Medicare beneficiary population as the Secretary determines appropriate, that expenditures for home health services under the Medicare Program, including such substitute adult day care services, exceed expenditures that would have been made under such program for home health services for a year if subsection (a) had not been enacted, then the Secretary shall adjust the rate of payment to adult day care facilities so that total expenditures for home health services under such program in a fiscal year does not exceed the Secretary's estimate of such expenditures if subsection (a) had not been enacted. (d) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2003. SEC. 4. CLARIFICATION OF THE DEFINITION OF HOMEBOUND FOR PURPOSES OF DETERMINING ELIGIBILITY FOR HOME HEALTH SERVICES UNDER THE MEDICARE PROGRAM. (a) Clarification.--Sections 1814(a) and 1835(a) of the Social Security Act (42 U.S.C. 1395f(a); 1395n(a)) are each amended by adding at the end the following: ``Notwithstanding the preceding sentences, in the case of an individual that requires technological assistance or the assistance of another individual to leave the home, the Secretary may not disqualify such individual from being considered to be `confined to his home' based on the frequency or duration of the absences from the home.''. (b) Technical Amendments.--(1) Sections 1814(a) and 1835(a) of the Social Security Act (42 U.S.C. 1395f(a); 1395n(a)) are each amended in the sixth sentence by striking ``leave home,'' and inserting ``leave home and''. (2) Section 1814(a) of the Social Security Act (42 U.S.C. 1395f(a)), as amended by subsection (a), is amended by moving the seventh sentence, as added by section 322(a)(1) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (appendix F, 114 Stat. 2763A-501), as enacted into law by section 1(a)(6) of Public Law 106-554, to the end of that section. (c) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after the date of enactment of this Act.	A First Step to Long-Term Care Act of 2002 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to make Medicaid estate recovery optional.Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for Medicare coverage of substitute adult day care services.Revises the definition of home-bound for purposes of determining eligibility for home health services under the Medicare program. Denies the Secretary of Health and Human Services any authority to disqualify an individual who requires technological assistance or the assistance of another individual to leave home from being considered confined to his home based on the frequency or duration of absences from home.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Cahaba River National Wildlife Refuge Establishment Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Cahaba River in Alabama is recognized nationally for its unique biological diversity which includes providing habitat for 131 species of fish (more than any other river its size in North America). (2) The Cahaba River is home to 64 rare and imperiled species of aquatic plants and animals, including fishes, freshwater turtles, mussels, and snails. (3) The Cahaba River is home to 12 species of fish, mussels, and snails listed as endangered or threatened species. (4) The Cahaba River is home to six terrestrial species of plants and animals listed as endangered or threatened species. (5) The Cahaba River harbors the largest population in the world of the imperiled shoals lily, known locally as the Cahaba Lily. (6) The Cahaba River watershed contains extremely rare plant communities that are home to eight species of plants previously unknown to science and a total of 69 rare and imperiled species of plants. (7) The Cahaba River is home to at least a dozen endemic aquatic animals that are found nowhere else in the world. (8) The Cahaba River is the longest remaining free-flowing river in Alabama, flowing through five counties in central Alabama. (9) The Cahaba River is recognized as an Outstanding Alabama Water by the Alabama Department of Environmental Management. (10) The Cahaba River has high recreational value for hunters, anglers, birdwatchers, canoeists, nature photographers, and others. (11) The Cahaba River Watershed supports large populations of certain game species, including deer, turkey, and various species of ducks. (12) The Cahaba River area is deserving of inclusion in the National Wildlife Refuge System. SEC. 3. DEFINITIONS. In this Act: (1) Refuge.--The term ``Refuge'' means the Cahaba River National Wildlife Refuge established by section 4(a). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. ESTABLISHMENT OF REFUGE. (a) Establishment.-- (1) In general.--There is established in Bibb County, Alabama, the Cahaba National Wildlife Refuge, consisting of approximately 3,500 acres of Federal lands and waters, and interests in lands and waters, within the boundaries depicted upon the map entitled ``Cahaba River National Wildlife Refuge-Proposed'', dated April 10, 2000. (2) Boundary revisions.--The Secretary may make such minor revisions of the boundaries of the Refuge as may be appropriate to carry out the purposes of the Refuge or to facilitate the acquisition of property within the Refuge. (3) Availability of map.--The Secretary shall keep the map referred to in paragraph (1) available for inspection in appropriate offices of the United States Fish and Wildlife Service. (b) Effective Date.--The establishment of the Refuge under paragraph (1) of subsection (a) shall take effect on the date the Secretary publishes, in the Federal Register and publications of local circulation in the vicinity of the area within the boundaries referred to in that paragraph, a notice that sufficient property has been acquired by the United States within those boundaries to constitute an area that can be efficiently managed as a National Wildlife Refuge. SEC. 5. ACQUISITION OF LANDS AND WATERS. (a) In General.--The Secretary, subject to the availability of appropriations, may acquire up to 3,500 acres of lands and waters, or interests therein, within the boundaries of the Refuge described in section 4(a)(1). (b) Inclusion in Refuge.--Any lands, waters, or interests acquired by the Secretary under this section shall be part of the Refuge. SEC. 6. ADMINISTRATION. In administering the Refuge, the Secretary shall-- (1) conserve, enhance, and restore the native aquatic and terrestrial community characteristics of the Cahaba River (including associated fish, wildlife, and plant species); (2) conserve, enhance, and restore habitat to maintain and assist in the recovery of animals and plants that are listed under the Endangered Species Act of 1973 (16 U.S.C. 1331 et seq.); (3) in providing opportunities for compatible fish- and wildlife-oriented recreation, ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority general public uses of the Refuge, in accordance with section 4(a)(3) and (4) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668ee(a)(3), (4)); and (4) encourage the use of volunteers and to facilitate partnerships among the United States Fish and Wildlife Service, local communities, conservation organizations, and other non- Federal entities to promote public awareness of the resources of the Cahaba River National Wildlife Refuge and the National Wildlife Refuge System and public participation in the conservation of those resources. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary-- (1) such funds as may be necessary for the acquisition of lands and waters within the boundaries of the Refuge; and (2) such funds as may be necessary for the development, operation, and maintenance of the Refuge. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.	Authorizes the Secretary to acquire up to 3,500 acres of lands and waters, or interests therein, within prescribed Refuge boundaries. Requires the Secretary, in administering the Refuge: (1) to conserve, enhance, and restore the native aquatic and terrestrial community characteristics of the Cahaba River; (2) to conserve, enhance, and restore habitat to maintain and assist in the recovery of animals and plants that are listed as endangered or threatened species; (3) in providing opportunities for compatible fish- and wildlife-oriented recreation, to ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority general public uses of the Refuge; and (4) to encourage the use of volunteers and to facilitate partnerships among the U.S. Fish and Wildlife Service, local communities, conservation organizations, and other non-Federal entities to promote public awareness of the resources of the Refuge and the National Wildlife Refuge System and public participation in the conservation of those resources. Authorizes appropriations.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``American Fisheries Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--STANDARD OF OWNERSHIP Sec. 101. Findings and purposes. Sec. 102. Standard of ownership. Sec. 103. Enforcement of standard. TITLE II--ANTI-REFLAGGING ACT EXCEPTIONS Sec. 201. Restrictions on build and rebuild savings clause. Sec. 202. Repeal of ownership savings clause. TITLE III--PHASE OUT OF CERTAIN VESSELS Sec. 301. Restriction on fishery endorsements. Sec. 302. Restriction on loan guarantees. TITLE I--STANDARD OF OWNERSHIP SEC. 101. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) non-United States citizens own and control many United States flag fishing vessels and are harvesting significant amounts of fishery resources in the navigable waters and exclusive economic zone of the United States that could otherwise be harvested by citizens of the United States; (2) in the largest fishery in the exclusive economic zone of the United States (the Bering Sea pollock fishery), Norwegian and Japanese entities control a substantial majority of the harvesting and processing through the ownership and control of United States-flag fishing vessels, including factory trawlers and large trawlers; (3) these levels of ownership and control of United States flag fishing vessels by non-United States citizens are inconsistent with the intent and requirements of the Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987 (Public Law 100-239); (4) the foreign rebuilding requirements of section 4(a)(4) of such Act were misinterpreted in a manner that rewarded the very speculation Congress sought to prevent with the passage of that Act, resulting in a far greater number of foreign-rebuilt vessels entering the fisheries off Alaska than Congress intended to allow; (5) under customary international law, including the United Nations Convention on the Law of the Sea, a coastal state has sovereign rights for the purpose of exploiting, conserving, and managing the living marine resources in its navigable waters and exclusive economic zone, including the sovereign right for its citizens to harvest and process the entire allowable catch within its exclusive economic zone if they have sufficient capacity; (6) the United States must have a meaningful and enforceable standard of ownership and control for United States flag vessels employed in the fisheries of the United States in order to ensure that citizens of the United States are given first priority in the harvesting and processing of the allowable catch in the exclusive economic zone of the United States; (7) consistent with customary international law, the Magnuson-Stevens Fishery Conservation and Management Act allows fishing vessels of other nations to harvest or process the portion of the allowable catch within the exclusive economic zone of the United States that United States flag fishing vessels do not have the capacity to harvest or process; and (8) fishing vessels greater than 165 feet in registered length, of more than 750 gross registered tons, or that have engines capable of producing a total of more than 3,000 shaft horsepower, including factory trawlers and other trawlers that exceed these measurements-- (A) are less likely than smaller, less powerful vessels with smaller gear to avoid bycatch and minimize the mortality of bycatch that cannot be avoided; (B) have been a cause of overfishing in fisheries both within the navigable waters and exclusive economic zone of the United States and elsewhere throughout the world; and (C) are more likely to be owned by investors and under pressure to produce profits at the expense of the long-term health of fishery resources. (b) Purposes.--The purposes of this Act are to-- (1) establish a meaningful and enforceable standard of United States citizen ownership and control for United States flag vessels employed in the fisheries in the navigable water and exclusive economic zone of the United States; (2) revoke existing fishery endorsements within a reasonable period of time and prohibit the issuance of new fishery endorsements for United States flag vessels that do not meet this standard; (3) begin to phase out the use of fishing vessels greater than 165 feet in registered length, of more than 750 gross registered tons, or that have engines capable of producing a total of more than 3,000 shaft horsepower in the navigable waters and exclusive economic zone of the United States by prohibiting the issuance of new fishery endorsements to vessels which exceed these limits; (4) place a capacity reduction burden on the fishing vessels that came through the loophole created by the misinterpretation of section 4(a)(4) of the Commercial Fishing Vessel Anti-Reflagging Act; and (5) prohibit Federal loan guarantees for the construction of new fishing vessels greater than 165 feet in registered length, of more than 750 gross registered tons, or that have engines capable of producing a total of more than 3,000 shaft horsepower, or for the rebuilding or improvement of existing vessels which would result in a fishing vessel which exceeds these limits. SEC. 102. STANDARD OF OWNERSHIP. (a) Clarification of Documentation Standard.--Section 12102(a) of title 46, United States Code, is amended in paragraph (4) by striking ``president or other chief executive officer'' and inserting in lieu thereof ``chief executive officer, by whatever title,''. (b) Standard for Fishery Endorsements.--Section 12102(c) of title 46, United States Code, is amended to read as follows-- ``(c)(1) A vessel owned by a corporation, partnership, association, trust, joint venture, or other entity is not eligible for a fishery endorsement under section 12108 of this title unless at least 75 per centum of the controlling interest in such entity, in the aggregate, is owned by citizens of the United States. ``(2) The Secretary shall apply section 2(c) of the Shipping Act, 1916 (46 App. U.S.C. 802(c)) in determining under this subsection whether at least 75 per centum of the controlling interest in an entity is owned by citizens of the United States.''. (c) Effective Date for Vessels Which Meet Current Standard.--A vessel owned by an entity which satisfies the controlling interest requirements of section 12102(c) of title 46, United States Code, as that section was in effect prior to the amendments made by this Act, and for which a fishery endorsement was in effect on September 25, 1997, shall not be required to comply with paragraphs (1) and (2) of section 12102(c) of title 46, United States Code, as amended by this Act, until the date that is eighteen months from the date of the enactment of this Act, provided such entity does not, prior to such compliance date, fail to satisfy the controlling interest requirements of section 12102(c) of title 46, United States Code, as that section was in effect prior to the amendments made by this Act. SEC. 103. ENFORCEMENT OF STANDARD. (a) Maritime Administration.--(1) To demonstrate compliance with section 12102(c) of title 46, United States Code, as amended by this Act, with respect to vessels of more than 100 gross registered tons, an affidavit of United States citizenship setting forth all relevant facts regarding vessel ownership and control by citizens of the United States shall be filed with the Administrator of the Maritime Administration on an annual basis. Regulations to implement this paragraph shall conform to the extent practicable with the regulations establishing the form of citizenship affidavit set forth in part 355 of title 46, Code of Federal Regulations, as in effect on September 25, 1997. (2) Transfers of ownership and control shall be rigorously scrutinized by the Administrator, with particular attention given to leases, charters, mortgages, financing, or other arrangements involving other than the purchase over extended periods of time of all, or substantially all, of the living marine resources harvested by a fishing vessel. Regulations to implement this paragraph shall prohibit impermissible transfers of ownership or control. (3) The Administrator, on a regular basis, shall provide the Commandant of the United States Coast Guard with a list of, and relevant information about, all vessels that the Administrator determines meet the requirements of section 12102(c) of title 46, United States Code, as amended by this Act. (b) Coast Guard.--The Secretary of Transportation shall establish such requirements as are reasonable and necessary to demonstrate compliance with section 12102(c) of title 46, United States Code, as amended by this Act, with respect to vessels of less than or equal to 100 gross registered tons. (c) Endorsements Revoked.--The Secretary of Transportation shall revoke the fishery endorsement of-- (1) any vessel of less than or equal to 100 gross registered tons that does not demonstrate compliance under subsection (b) with section 12102(c) of title 46, United States Code; and (2) any vessel of more than 100 gross registered tons that is not identified on the list provided by the Administrator under subsection (a)(4) as meeting the requirements of section 12102(c) of title 46, United States Code. (d) Regulations.--Regulations to implement this section shall be promulgated within 6 months of the date of the enactment of this Act. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. (f) Penalty.--Section 12122 of title 46, United States Code, is amended by inserting at the end the following new subsection: ``(c) In addition to penalties under subsections (a) and (b), the owner of a documented vessel for which a fishery endorsement has been issued is liable to the United States Government for a civil penalty of up to $100,000 for each day in which such vessel has engaged in fishing (as such term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)) within the navigable waters or exclusive economic zone of the United States, if the owner or the representative or agent of the owner knowingly falsified or concealed a material fact, or knowingly make a false statement or representation with respect to the eligibility of the vessel under section 12102(c) in applying for such fishery endorsement.''. (g) Review of Transfers.--Section 9(c)(1) of the Shipping Act, 1916 (46 U.S.C. 808(c)(1)) is amended by striking ``in a vessel that has been operated only as a fishing vessel, fish processing vessel, or fish tender vessel (as defined in section 2101 of title 46, United States Code) or''. TITLE II--ANTI-REFLAGGING ACT EXCEPTIONS SEC. 201. RESTRICTIONS ON BUILD AND REBUILD SAVINGS CLAUSE. (a) Repeal.--Notwithstanding section 4 of the Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987 (Public Law 100-239; 46 U.S.C. 12108 note), a certificate of documentation may not be endorsed with a fishery endorsement for a vessel which does not meet the requirements of paragraphs (2) and (3) of section 12108(a) of title 46, United States Code, unless the certificate of documentation for such vessel was endorsed with a fishery endorsement that was effective on September 25, 1997 and the vessel otherwise qualifies for a fishery endorsement, including under sections 12102(c) and 12108(e) of title 46, United States Code, as amended by this Act. (b) Restriction.--Notwithstanding subsection (a) or any other provision of law, any fishing vessel (as defined in section 2101 of title 46, United States Code) which-- (1) had a fishery endorsement in effect on September 25, 1997; (2) is greater than 165 feet in registered length, of more than 750 gross registered tons, or has an engine or engines capable of producing a total of more than 3,000 shaft horsepower; and (3) was built in the United States and was-- (A) purchased or contracted for purchase prior to July 29, 1987 for use in the fisheries of the United States; (B) rebuilt in a foreign shipyard under a contract entered into prior to June 12, 1988; (C) delivered after such rebuilding and issued a fishery endorsement prior to July 29, 1990; and (d) not owned or controlled by the same entity during the occurrence of each of the events described in subparagraphs (A) through (C); shall be ineligible for a fishery endorsement under section 12108 of title 46, United States Code, if the controlling interest in the entity that owns the fishing vessel on September 25, 1997 is materially changed after such date, unless a fishery endorsement for another fishing vessel of the same or greater registered length, gross registered tons, and shaft horsepower, which actively harvested fishery resources in the fisheries under the authority of the same Regional Fishery Management Council during the year prior to such material change, is permanently surrendered. SEC. 202. REPEAL OF OWNERSHIP SAVINGS CLAUSE. (a) Repeal.--Section 7(b) of the Commercial Fishing Industry Anti- Reflagging Act of 1987 (Public Law 100-239; 46 U.S.C. 12102 note) is hereby repealed. (b) Effective Date.--Subsection (a) shall take effect eighteen months after the date of the enactment of this Act. TITLE III--PHASE OUT OF CERTAIN FISHING VESSELS SEC. 301. RESTRICTION ON FISHERY ENDORSEMENTS. (a) General Prohibition.--Section 12108 of title 46, United States Code, is amended by adding at the end the following new subsection: ``(e) A certificate of documentation may not be endorsed with a fishery endorsement for a fishing vessel that is greater than 165 feet in registered length, of more than 750 gross registered tons, or that has an engine or engines capable of producing a total of more than 3,000 shaft horsepower unless-- ``(1) the certificate of documentation for such vessel was endorsed with a fishery endorsement that was effective on September 25, 1997 and has not been surrendered at any time thereafter; and ``(2) the registered length, gross registered tons, and shaft horsepower do not exceed the length, tonnage, and horsepower of such vessel on such date.''. (b) New England Fisheries.--(1) Notwithstanding any other provision of law, the Secretary of Commerce may not authorize or permit fishing vessels (as defined in section 2101 of title 46, United States Code) greater than 165 feet in registered length, of more than 750 gross registered tons, or that have an engine or engines capable of producing a total of more than 3,000 shaft horsepower to engage in directed fishing for Atlantic mackerel or Atlantic herring unless the participation of such vessels is specifically allowed in fishery management plans developed and implemented for those fisheries under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (2) Within 5 days after the date of the enactment of this Act, the Secretary of Commerce shall revoke any permit issued before that date to any vessel described in subsection (a) which would permit such vessel to engage in directed fishing for Atlantic mackerel or Atlantic herring. (c) Replacement of Lost Vessels.--Notwithstanding section 12108(e) of title 46, United States Code, as added by this Act, the owner of an existing vessel greater than 165 feet in registered length, of more than 750 gross registered tons, or that has an engine or engines capable of producing a total of more than 3,000 shaft horsepower, and that had a valid fishery endorsement on September 25, 1997, may obtain a fishery endorsement for a replacement vessel in the event of the actual total loss or constructive total loss after September 25, 1997, of such existing vessel, provided that: (1) such loss was caused by an act of God, an act of war, a collision, an act or omission of a party other than the owner or agent of the vessel, or any other event not caused by the willful misconduct of the owner or agent; (2) the existing vessel actively harvested fishery resources in the exclusive economic zone of the United States during the year prior to such loss; (3) the replacement vessel is of the same or lesser registered length, gross registered tons, and shaft horsepower that the existing vessel; (4) the fishery endorsement for the new vessel is issued within 18 months of the loss of the existing vessel; and (5) the replacement vessel otherwise qualifies under laws of the United States for a fishery endorsement. (d) Fishing Vessels Operating Beyond the Exclusive Economic Zone.-- Section 12108(e) of title 46, United States Code, as amended by this Act, shall not apply to a fishing vessel engaged in fishing exclusively for highly migratory species (as that term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)) primarily outside of the navigable waters and exclusive economic zone of the United States. SEC. 302. RESTRICTION ON LOAN GUARANTEES. Section 302(b) of the Fisheries Financing Act (46 U.S.C. 1274 note) is amended-- (1) by inserting ``(1)'' before ``Until October 1, 2001''; and (2) by inserting at the end the following new paragraph: ``(2) No loans may be guaranteed by the Federal Government for the construction or rebuilding of a vessel intended for use as a fishing vessel (as defined in section 2101 of title 46, United States Code), if such vessel will be greater than 165 feet in registered length, of more than 750 gross registered tons, or have an engine or engines capable of producing a total of more than 3,000 shaft horsepower, after such construction or rebuilding is completed.''.	TABLE OF CONTENTS: Title I: Standard of Ownership Title II: Anti-Reflagging Act Exceptions Title III: Phase Out of Certain Vessels American Fisheries Act - Title I: Standard of Ownership - Amends Federal law relating to vessel documentation to require that, in order to be eligible for a fishery endorsement, 75 percent of the controlling interest in the vessel's owning entity be owned by U.S. citizens. (Sec. 103) Requires, for vessels over a specified tonnage, annual filing of an affidavit of U.S. citizenship to demonstrate compliance with the controlling interest requirement. Requires the Administrator of the Maritime Administration to rigorously scrutinize transfers of ownership and control. Mandates revocation of the fishery endorsement of vessels that fail to demonstrate compliance with the controlling interest requirement. Authorizes appropriations. Imposes civil monetary penalties for knowingly falsifying or concealing a material fact or knowingly making a false statement or representation regarding the controlling interest requirement. Prohibits, without the consent of the Secretary of Transportation, the transfer in any manner to a non-U.S. citizen of any interest in or control of a documented fishing, fish processing, or fish tender vessel. Title II: Anti-Reflagging Act Exceptions - Sets forth the circumstances in which a vessel, notwithstanding specified provisions of the Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987, may not receive a fishery endorsement. Repeals provisions of that Act relating to the application of provisions prohibiting documentation of vessels before measuring. Title III: Phase Out of Certain Fishing Vessels - Prohibits a fishery endorsement for a fishing vessel over a specified length, tonnage, or horsepower unless the vessel had a fishery endorsement before a specified date and has not surrendered it thereafter and its registered length, tonnage, and horsepower have not increased since then. Exempts: (1) replacement vessels if certain requirements are met; and (2) vessels engaged in fishing exclusively for highly migratory species primarily outside the navigable waters and exclusive economic zone of the United States. Prohibits authorizing or permitting vessels over a specified length, tonnage, or horsepower from engaging in directed fishing for Atlantic mackerel or Atlantic herring unless their participation is specifically allowed in fishery management plans implemented for those fisheries. Mandates revocation of any nonconforming permit. (Sec. 302) Amends the Fisheries Financing Act to prohibit Federal loan guarantees for the construction or rebuilding of a vessel intended for use as a fishing vessel if the vessel will be over a specified length, tonnage, or horsepower after the construction or rebuilding is completed.