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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Blackfoot Clearwater Stewardship Act of 2017''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--FOREST RESTORATION Sec. 101. Landscape assessment. Sec. 102. Environmental review of collaboratively developed restoration projects. TITLE II--RECREATION Sec. 201. Otatsy Recreation Management Area. Sec. 202. Spread Mountain Recreation Area. Sec. 203. Trail-based recreation. TITLE III--CONSERVATION Sec. 301. Designation of wilderness areas. Sec. 302. Administration of wilderness areas. Sec. 303. Maps and legal descriptions. SEC. 2. DEFINITIONS. In this Act: (1) District.--The term ``District'' means the Seeley Lake Ranger District of the Lolo National Forest. (2) Map.--The term ``Map'' means the map entitled ``Bob Marshall, Mission Mountains, Spread Mountain, and Scapegoat Wilderness Additions and Otatsy Recreation Management Area'' and dated February 22, 2017. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (4) State.--The term ``State'' means the State of Montana. TITLE I--FOREST RESTORATION SEC. 101. LANDSCAPE ASSESSMENT. (a) Landscape Assessment.--Not later than 3 years after the date of enactment of this Act, the Secretary, in collaboration with interested parties, shall complete a landscape assessment of the District. (b) Required Components.--The landscape assessment under subsection (a) shall-- (1) assess the ecological condition of forests and watersheds within the District; and (2) identify restoration actions needed to facilitate ecosystem sustainability, resilience, and health by assisting in the recovery of forest ecosystems within the District. (c) Use of Existing Assessments.--The Secretary may fulfill the requirement under subsection (a) through the use of any landscape assessment being carried out as of the date of enactment of this Act that contains the components required under subsection (b). (d) Restoration Schedule.--As soon as practicable after the completion of the landscape assessment under subsection (a), the Secretary, in collaboration with interested parties, shall develop for the District a 10-year schedule of restoration projects. SEC. 102. ENVIRONMENTAL REVIEW OF COLLABORATIVELY DEVELOPED RESTORATION PROJECTS. (a) Definition of Collaboratively Developed Restoration Project.-- In this section, the term ``collaboratively developed restoration project'' means an activity or set of activities that fulfills the eligibility requirements of the Collaborative Forest Landscape Restoration Program under section 4003(b) of Public Law 111-11 (16 U.S.C. 7303(b)). (b) Environmental Review.--A collaboratively developed restoration project within the District may be carried out in accordance with the provisions applicable to hazardous fuel reduction projects under sections 104, 105, and 106 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6514-6516). (c) Objector Meeting.--In accordance with section 218.11 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act), the Secretary may request a meeting with an objector to any collaboratively developed restoration project within the District. TITLE II--RECREATION SEC. 201. OTATSY RECREATION MANAGEMENT AREA. (a) Establishment.--Subject to valid existing rights, certain Federal land in the Lolo National Forest comprising approximately 2,013 acres, as generally depicted on the Map, is designated as the ``Otatsy Recreation Management Area'' (referred to in this section as the ``recreation management area''). (b) Management.--The Secretary shall manage the recreation management area in accordance with-- (1) this section, to conserve, protect, and enhance the scenic, fish and wildlife, recreational, backcountry heritage, and other natural resource values of the recreation management area; and (2) any laws (including regulations) relating to the National Forest System. (c) Prohibitions.--Except as provided in subsections (d) and (e), the following shall be prohibited on Federal land within the recreation management area: (1) Permanent roads. (2) Timber harvest. (3) Except as necessary to provide for snowmobile use, to meet the minimum requirements for the administration of the recreation management area, and to protect public health and safety-- (A) the use of motorized and mechanized vehicles; and (B) the establishment of temporary roads. (d) Use of Snowmobiles.--The use of snowmobiles shall be allowed within the recreation management area-- (1) between December 1 and April 1; (2) during periods of adequate snow cover, as determined by the Secretary; and (3) subject to such terms and conditions as the Secretary determines to be necessary. (e) Wildfire, Insect, and Disease Management.--In accordance with this section, the Secretary may carry out any measures in the recreation management area that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines to be appropriate, the coordination of those activities with a State or local agency. (f) Withdrawal.--Subject to valid existing rights, the recreation management area (including any Federal land acquired after the date of enactment of this Act for inclusion in the recreation management area) is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. SEC. 202. SPREAD MOUNTAIN RECREATION AREA. (a) Establishment.--Subject to valid existing rights, certain Federal land in the Lolo National Forest, comprising approximately 3,835 acres, as generally depicted on the Map, is designated as the ``Spread Mountain Recreation Area'' (referred to in this section as the ``recreation area''). (b) Management.--The Secretary shall manage the recreation area in accordance with-- (1) this section, to conserve, protect, and enhance the scenic, fish and wildlife, recreational, backcountry heritage, and other natural resource values of the recreation area; and (2) any laws (including regulations) relating to the National Forest System. (c) Prohibitions.--Except as provided in subsection (e), the following shall be prohibited on the Federal land within the recreation area: (1) Permanent roads. (2) Timber harvest. (3) Except as necessary to meet the minimum requirements for the administration of the recreation area and to protect public health and safety-- (A) the use of motorized vehicles; and (B) the establishment of temporary roads. (d) Mechanized Vehicles, Pedestrians, and Horse Travel.--Nothing in this section prohibits-- (1) the use of mechanized vehicles, access by pedestrians, or horse travel within the recreation area; or (2) the construction of trails for use by mechanized vehicles, pedestrians, and horse travel within the recreation area. (e) Wildfire, Insect, and Disease Management.--In accordance with this section, the Secretary may take any measures in the recreation area that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines to be appropriate, the coordination of those activities with a State or local agency. (f) Withdrawal.--Subject to valid existing rights, the recreation area (including any Federal land acquired after the date of enactment of this Act for inclusion in the recreation area) is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. SEC. 203. TRAIL-BASED RECREATION. (a) Definition of Collaboratively Developed.--In this section, the term ``collaboratively developed'' means a proposal that is developed and implemented through a collaborative process that-- (1) includes multiple interested persons representing diverse interests; and (2) is transparent and nonexclusive. (b) Expanded Trail Recreation Opportunities.-- (1) In general.--If a local collaborative group submits to the Secretary, by not later than 5 years after the date of enactment of this Act, a collaboratively developed proposal to improve motorized and nonmotorized recreational trail opportunities within the District, the Secretary-- (A) shall analyze the proposal in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (B) subject to appropriations, and in accordance with subsection (d), may provide for the construction of any of the routes included in the proposal. (2) Priority.--In completing the analysis required by paragraph (1)(A), in accordance with subsection (d), the Secretary shall give priority to expanding motorized and nonmotorized recreational trail opportunities within the District that are in the public interest. (3) Deadline.--The Secretary shall complete the analysis required by paragraph (1)(A) by not later than 3 years after the date on which the Secretary receives the applicable collaboratively developed proposal. (c) Use of Volunteer Services and Contributions.--The Secretary may accept volunteer services and contributions from non-Federal sources to construct and maintain recreational trails under this section. (d) Compliance.--In carrying out this section, the Secretary shall comply with-- (1) each provision of law (including regulations) that is generally applicable to the National Forest System; and (2) this Act. (e) Effect of Section.--Nothing in this section affects the ownership or management of, or any other right relating to, any non- Federal land (including any interest in non-Federal land). TITLE III--CONSERVATION SEC. 301. DESIGNATION OF WILDERNESS AREAS. In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), and subject to valid existing rights, the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Bob marshall wilderness additions.--Certain land in the Lolo National Forest, comprising approximately 39,422 acres generally depicted as the ``North Fork Blackfoot-Monture Creek Addition (Bob Marshall Addition)'' and approximately 7,784 acres generally depicted as the ``Grizzly Basin of the Swan Range Addition'' on the Map, is incorporated in, and shall be considered to be a part of, the Bob Marshall Wilderness. (2) Mission mountains wilderness addition.--Certain land in the Lolo National Forest, comprising approximately 4,462 acres generally depicted as the ``West Fork Clearwater Addition'' on the Map, is incorporated in, and shall be considered to be a part of, the Mission Mountains Wilderness designated by Public Law 93-632 (88 Stat. 2153). (3) Scapegoat wilderness additions.--Certain land in the Lolo National Forest, comprising approximately 27,392 acres generally depicted as the ``North Fork Blackfoot-Monture Creek Addition (Scapegoat Addition)'' on the Map, is incorporated in, and shall be considered to be a part of, the Scapegoat Wilderness designated by Public Law 92-395 (86 Stat. 578). SEC. 302. ADMINISTRATION OF WILDERNESS AREAS. (a) Management.--Subject to valid existing rights, each wilderness addition designated by section 301 shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of the Act shall be considered to be a reference to the date of enactment of this Act. (b) Incorporation of Acquired Land and Interests.--Any land within the boundary of a wilderness area designated by section 301 that is acquired by the United States shall-- (1) become part of the wilderness area in which the land is located; (2) be withdrawn in accordance with subsection (c); and (3) be managed in accordance with this section, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable law. (c) Withdrawal.--Subject to valid existing rights, the Federal land designated as wilderness by section 301 is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (d) Wildfire, Insect, and Disease Management.--In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may carry out any measures in the wilderness additions designated by section 301 that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines to be appropriate, the coordination of those activities with a State or local agency. (e) Access to Private Land.--In accordance with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall provide to any owner of private land within the boundary of a wilderness addition designated by section 301 access to the private land. (f) Fish and Wildlife.--Nothing in this title affects the jurisdiction or responsibilities of the State with respect to fish and wildlife, including the regulation of hunting, fishing, and trapping. (g) Snow Sensors and Stream Gauges.--Nothing in this title prevents the installation or maintenance of hydrological, meteorological, or climatological instrumentation in a wilderness addition designated by section 301, if the Secretary determines that the installation or maintenance of the instrumentation is necessary to advance the scientific, educational, or conservation purposes of the wilderness area. (h) Livestock.--The grazing of livestock in the wilderness additions established by section 301, if established before the date of enactment of this Act, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary determines to be necessary, in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the guidelines described in House Report 96-617 to accompany H.R. 5487 of the 96th Congress. (i) Outfitting and Guide Activities.-- (1) In general.--In accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)), commercial services (including authorized outfitting and guide activities) within the wilderness additions designated by section 301 may be authorized to the extent necessary for activities that fulfill the recreational or other wilderness purposes of the wilderness areas, in accordance with section 1503(b)(6) of Public Law 111- 11 (123 Stat. 1035). (2) Effect.--Nothing in this title requires the Secretary to modify any permit in effect as of the date of enactment of this Act to provide outfitting and guide services within the wilderness additions designated by section 301 on a determination by the Secretary that the activities are in compliance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)). (j) Adjacent Management.-- (1) In general.--The designation of a wilderness addition by section 301 shall not create any protective perimeter or buffer zone around the wilderness area. (2) Nonwilderness activities.--The fact that a nonwilderness activity or use can be seen or heard from an area within a wilderness addition designated by section 301 shall not preclude the conduct of the activity or use outside the boundary of the wilderness area. SEC. 303. MAPS AND LEGAL DESCRIPTIONS. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of-- (1) the Otatsy Recreation Management Area established by section 201(a); (2) the Spread Mountain Recreation Area established by section 202(a); and (3) each wilderness addition designated by section 301. (b) Submission.--The Secretary shall submit the maps and legal descriptions prepared under subsection (a) to-- (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. (c) Force of Law.--The maps and legal descriptions filed under subsection (b) shall have the same force and effect as if included in this title, except that the Secretary may correct any typographical errors in the maps or legal descriptions. (d) Public Availability.--Each map and legal description filed under subsection (b) shall be on file and available for public inspection in the appropriate offices of the Forest Service and the Bureau of Land Management.

Blackfoot Clearwater Stewardship Act of 2017 This bill directs the Department of Agriculture (USDA) to complete a landscape assessment of the Seeley Lake Ranger District of the Lolo National Forest in Montana to: (1) assess the ecological condition of its forests and watersheds; and (2) identify actions needed to facilitate ecosystem sustainability, resilience, and health by assisting in the recovery of its forest ecosystems. A collaboratively developed restoration project within the district may be carried out according to certain provisions  applicable to authorized hazardous fuel reduction projects under the Healthy Forests Restoration Act of 2003. The bill designates specified federal land in the forest as: (1) the Otatsy Recreation Management Area, and (2) the Spread Mountain Recreation Area. USDA shall, if, a local collaborative group submits a proposal to improve motorized and nonmotorized recreational trail opportunities within the district, analyze the proposal in accordance with the National Environmental Policy Act of 1969. It may also provide for the construction of any of the routes included in such proposal. The bill designates specified wilderness additions in the forest as wilderness areas and components of the National Wilderness Preservation System.

SECTION 1. SHORT TITLE. This Act may be cited as the ``FEHBP-Medical Savings Account Promotion Act of 1995''. SEC. 2. PERMITTING CONTRIBUTION TOWARDS MEDICAL SAVINGS ACCOUNT THROUGH FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM (FEHBP). (a) Government Contribution to Medical Savings Account.-- (1) In general.--Section 8906 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(j)(1) In the case of an employee or annuitant who is enrolled in a catastrophic plan described by section 8903(5), there shall be a Government contribution under this subsection to a medical savings account established or maintained for the benefit of the individual. The contribution under this subsection shall be in addition to the Government contribution under subsection (b). ``(2) The amount of the Government contribution under this subsection with respect to an individual is equal to the amount by which-- ``(A) the maximum contribution allowed under subsection (b)(1) with respect to any employee or annuitant, exceeds ``(B) the amount of the Government contribution actually made with respect to the individual under subsection (b) for coverage under the catastrophic plan. ``(3) The Government contributions under this subsection shall be paid into a medical savings account (designated by the individual involved) in a manner that is specified by the Office and consistent with the timing of contributions under subsection (b). ``(4) Subsections (f) and (g) shall apply to contributions under this section in the same manner as they apply to contributions under subsection (b). ``(5) For the purpose of this subsection, the term `medical savings account' has the meaning given such term by section 220(d) of the Internal Revenue Code of 1986 (as inserted by section 2(a) of the Family Medical Savings and Investment Act of 1995 (H.R. 1818)).''. (2) Allowing payment of full amount of charge for catastrophic plan.--Section 8906(b)(2) of such title is amended by inserting ``(or 100 percent of the subscription charge in the case of a catastrophic plan)'' after ``75 percent of the subscription charge''. (b) Offering of Catastrophic Plans.-- (1) In general.--Section 8903 of such title is amended by adding at the end the following new paragraph: ``(5) Catastrophic plans.--One or more plans described in paragraph (1), (2), or (3), but which provide benefits of the types referred to by paragraph (5) of section 8904(a), instead of the types referred to in paragraphs (1), (2), and (3) of such section.''. (2) Types of benefits.--Section 8904(a) of such title is amended by inserting after paragraph (4) the following new paragraph: ``(5) Catastrophic plans.--Benefits of the types named under paragraph (1) or (2) of this subsection or both, to the extent expenses covered by the plan exceed $3,000.''. (3) Disregarding catastrophic plans in determining level of government contributions.--Section 8906(a)(3) of such title is amended by inserting ``described by section 8903(3)'' after ``plans''. (c) Effective Date.--The amendments made by this section shall apply to contract terms beginning on or after January 1, 1997. (d) Medical Savings Account.--For purposes of this section: (1) Medical savings account.--The term ``medical savings account'' means a trust created or organized in the United States exclusively for the purpose of paying the qualified medical expenses of the account holder, but only if the written governing instrument creating the trust meets the following requirements: (A) Except in the case of a rollover contribution described in subsection (f)(3), no contribution will be accepted unless it is in cash. (B) The trustee is a bank (as defined in section 408(n)), an insurance (as defined in section 816), or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. (C) No part of the trust assets will be invested in life insurance contracts. (D) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. (E) The interest of an individual in the balance in his account is nonforfeitable. (2) Qualified medical expenses.-- (A) In general.--The term ``qualified medical expenses'' means, with respect to an account holder, amounts paid by such holder-- (i) for medical care (as defined in section 213(d)) for such individual, the spouse of such individual, and any dependent (as defined in section 152) of such individual, but only to the extent such amounts are not compensated for by insurance or otherwise, or (ii) for long-term care insurance for such individual, spouse, or dependent. (B) Health plan coverage may not be purchased from account.-- (i) In general.--Such term shall not include any amount paid for coverage under a health plan unless such plan is a catastrophic health plan. (ii) Exception.--Clause (i) shall not apply to any amount paid for long-term care insurance. (3) Account holder.--The term ``account holder'' means the individual on whose behalf the medical savings account was established. (4) Certain rules to apply.--Rules similar to the following rules shall apply for purposes of this section: (A) Section 219(d)(2) (relating to no deduction for rollovers). (B) Section 219(f)(3) (relating to time when contributions deemed made). (C) Except as provided in section 106(b), section 219(f)(5) (relating to employer payments). (D) Section 408(h) (relating to custodial accounts).

FEHBP-Medical Savings Account Promotion Act of 1995 - Amends Federal civil service law to permit Federal employees and annuitants enrolled in a catastrophic plan to elect to receive Government contributions into medical savings accounts provided for by this Act under the Federal Employees Health Benefits Program (FEHBP) to cover qualified medical expenses: (1) to the extent such amounts are not compensated for by insurance or otherwise; or (2) for long-term care insurance for the individual, spouse, or dependent. Prohibits the use of account funds to pay for coverage under any kind of health plan except a catastrophic or long-term care insurance plan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Preventive Health Care Act of 1996''. SEC. 2. REQUIRING COVERAGE OF SCREENING MAMMOGRAPHY AND PAP SMEARS UNDER HEALTH PLANS. (a) In General.--Every policy or contract that provides health insurance coverage (as defined in subsection (h)(1)) and every group health plan (as defined in subsection (h)(2)) shall include (consistent with this section)-- (1) coverage for screening pap smears, and (2) coverage for low-dose screening mammography. (b) Definitions Relating to Coverage.--In this section: (1) Low-dose screening mammography.--The term ``low-dose screening mammography'' means a radiologic procedure for the early detection of breast cancer provided to an asymptomatic women using equipment dedicated specifically for mammography and at a facility which meets mammography accreditation standards established by the Secretary for coverage of screening mammography under the medicare program under title XVIII of the Social Security Act. Such term also includes a physician's interpretation of the results of the procedure. (2) Screening pap smear.--The term ``screening pap smear'' means a diagnostic laboratory test consisting of a routine exfoliative cytology test (Papanicolaou test) provided to a woman for the purpose of early detection of cervical cancer and includes the examination, the laboratory test itself, and a physician's interpretation of the results of the test. If the Secretary establishes qualify standards for facilities furnishing screening pap smears, such term shall only include a test if the test is performed in a facility that has been determined to meet such standards. (c) Restrictions on Cost-Sharing.--The coverage under this section shall not provide for the application of deductibles, coinsurance, or other limitations for low-dose screening mammography or screening pap smears that are greater than the deductibles, coinsurance, and limitations that are applied to similar services under the health insurance coverage or group health plan. (d) Frequency of Coverage of Screening Mammography.-- (1) In general.--Coverage of low-dose screening mammography is consistent with this section only if it is provided consistent with the following periodicity schedule: (A) Coverage is made available for one baseline low-dose screening mammography for any woman between 35 and 40 years of age. (B) Coverage is made available for such mammography on an annual basis to any woman who is 50 years or age or older or who is determined by a physician to be at- risk of breast cancer (as defined in paragraph (2)). (C) Coverage is made available for such mammography for a woman at least once every other year. (2) At-risk of breast cancer.--For purposes of paragraph (1)(B), a woman is considered to be ``at-risk of breast cancer'' if any of the following is true: (A) The woman has a personal history of breast cancer. (B) The woman has a personal history of biopsy- proven benign breast disease. (C) The woman's mother, sister, or daughter has or has had breast cancer. (D) The woman has not given birth prior to the age of 30. (e) Frequency of Coverage of Screening Pap Smears.--Coverage of screening pap smears is consistent with this section only if it is provided not more often than once every year (or more frequently if recommended by a physician). (f) Enforcement.-- (1) Regulated insurers.--It is the responsibility of State regulators what regulate insurers that offer health insurance coverage in a State to apply the requirements of this section to such insurers and coverage. If the Secretary determines that such regulators do not have the intent or means of enforcing such requirements with respect to such insurers in a State, the Secretary may provide such remedies (which may include civil money penalties) as may be necessary to assure compliance with the requirements of this section in such State. (2) Group health plans.--The requirements of this section are deemed, in relation to group health plans offered as employee welfare benefit plans under title I of Employee Retirement Income Security Act of 1974, to be provisions of such title, for purposes of applying the enforcement related provisions of such title. (3) Other plans.--In the case of health coverage not described in paragraph (1) or (2), the Secretary shall develop such non-criminal enforcement mechanisms as may be necessary and appropriate to carry out this section in relation to entities offering such coverage. (g) Relation to State Law.--The provisions of this section do not preempt State law to the extent such State law provides greater protection to women in relation to the benefits provided under this section. (h) Definitions.--In this section: (1) Health insurance coverage.-- (A) In general.--Except as provided in subparagraph (B), the term ``health insurance coverage'' means benefits consisting of medical care (provided directly, through insurance or reimbursement, or otherwise) under any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization group contract offered by an insurer or a health maintenance organization. (B) Exception.--Such term does not include coverage under any separate policy, certificate, or contract only for one or more of any of the following: (i) Coverage for accident, credit-only, vision, disability income, long-term care, nursing home care, community-based care dental, on-site medical clinics, or employee assistance programs, or any combination thereof. (ii) Medicare supplemental health insurance (within the meaning of section 1882(g)(1) of the Social Security Act (42 U.S.C. 1395ss(g)(1))) and similar supplemental coverage provided under a group health plan. (iii) Coverage issued as a supplement to liability insurance. (iv) Liability insurance, including general liability insurance and automobile liability insurance. (v) Workers' compensation or similar insurance. (vi) Automobile medical-payment insurance. (vii) Coverage for a specified disease or illness. (viii) Hospital or fixed indemnity insurance. (ix) Short-term limited duration insurance. (x) Such other coverage, comparable to that described in previous clauses, as may be specified in regulations prescribed by the Secretary. (2) Group health plan.-- (A) In general.--Subject to subparagraph (B), the term ``group health plan'' means an employee welfare benefit plan (as defined in section 3 of the Employee Retirement Income Security Act of 1974) to the extent that the plan provides medical care (as defined in paragraph (5)) to employees or their dependents (as defined under the terms of the plan) directly or through insurance, reimbursement, or otherwise, and includes a group health plan (within the meaning of section 5000(b)(1) of the Internal Revenue Code of 1986). (B) Exclusion of plans with limited coverage.--An employee welfare benefit plan shall be treated as a group health plan under this section only with respect to medical care which is provided under the plan and which does not consist of coverage excluded from the definition of health insurance coverage under paragraph (1)(B). (3) Health maintenance organization.--The term ``health maintenance organization'' means-- (A) a Federally qualified health maintenance organization (as defined in section 1301(a) of the Public Health Service Act (42 U.S.C. 300e(a))), (B) an organization recognized under State law as a health maintenance organization, or (C) a similar organization regulated under State law for solvency in the same manner and to the same extent as such a health maintenance organization, if it is subject to State law which regulates insurance (within the meaning of section 514(b)(2) of the Employee Retirement Income Security Act of 1974). (4) Insurer.--The term ``insurer'' means an insurance company, insurance service, or insurance organization which is licensed to engage in the business of insurance in a State and which is subject to State law which regulates insurance (within the meaning of section 514(b)(2)(A) of the Employee Retirement Income Security Act of 1974). (5) Medical care.--The term ``medical care'' means-- (A) amounts paid for, or items or services in the form of, the diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for, or items or services provided for, the purpose of affecting any structure or function of the body, (B) amounts paid for, or services in the form of, transportation primarily for and essential to medical care referred to in subparagraph (A), and (C) amounts paid for insurance covering medical care referred to in subparagraphs (A) and (B). (6) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (7) State.--The term ``State'' includes the District of Columbia, Puerto Rico, the Virgin Islands, the Northern Mariana Islands, Guam, and American Samoa. (i) Effective Date.--This section shall apply to health insurance coverage that is issued, renewed, or amended on or after January 1, 1997, and to group health plans for plan years beginning on or after such date.

Women's Preventive Health Care Act of 1996 - Requires every policy or contract for health insurance coverage and every group health plan to include coverage for screening pap smears and low-dose screening mammographies. Regulates cost sharing and frequency of coverage and provides for enforcement. Declares that this Act does not preempt State law to the extent State law provides greater protection to women.

SECTION 1. SHORT TITLE, ETC. (a) Short Title.--This Act may be cited as the ``HSA Improvement and Expansion Act of 2007''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents is as follows: Sec. 1. Short title, etc. Sec. 2. Health reimbursement arrangements and spending arrangements in combination with health savings accounts. Sec. 3. Increase in annual HSA contribution limitation. Sec. 4. Purchase of health insurance from HSA account. Sec. 5. Special rule for certain medical expenses incurred before establishment of account. Sec. 6. Provisions relating to Medicare. Sec. 7. Individuals eligible for veterans benefits for a service- connected disability. Sec. 8. Allow both spouses to make catch-up contributions to the same HSA account. Sec. 9. FSA and HRA Termination to fund HSAs. SEC. 2. HEALTH REIMBURSEMENT ARRANGEMENTS AND SPENDING ARRANGEMENTS IN COMBINATION WITH HEALTH SAVINGS ACCOUNTS. (a) In General.--Subparagraph (B) of section 223(c)(1) (relating to certain coverage disregarded) is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by inserting after clause (iii) the following new clause: ``(iv) coverage under a flexible spending arrangement or a health reimbursement arrangement, or both, which meets the requirements of paragraph (6).''. (b) Combination Health Reimbursement, Savings, and Spending Arrangements.--Subsection (c) of section 223 (relating to definitions and special rules) is amended by adding at the end the following new paragraph: ``(6) Combined limit for contributions or credits to health reimbursement, arrangements and spending arrangements.-- ``(A) In general.--In the case of coverage under a flexible spending arrangement or a health reimbursement arrangement, or both, such coverage meets the requirements of this paragraph if, with respect to an individual-- ``(i) the sum of-- ``(I) the amount allowable as a deduction under subsection (a), ``(II) the salary reduction amount elected by the individual and, if applicable, the employer contribution or credit allocated to the individual for the taxable year under the flexible spending arrangement (as defined in section 106(c)(2)), plus ``(III) the amounts that the individual is permitted, under the terms of the plan, to receive in reimbursements for the taxable year under the health reimbursement arrangement, does not exceed ``(ii) the sum of the annual deductible and the other annual out-of-pocket expenses (other than for premiums) required to be paid under the plan by the eligible individual for covered benefits. ``(B) Exceptions for disregarded coverage.--For purposes of subparagraph (A)-- ``(i) Certain flexible spending arrangements.--Any flexible spending arrangement salary reduction amounts or employer contributions or credits that are restricted by the employer to use for coverage described in paragraph (1)(B) shall not be taken into account under subparagraph (A)(i)(II). ``(ii) Certain health reimbursement arrangements.--Any reimbursements from a health reimbursement arrangement for coverage described in paragraph (1)(B) shall not be taken into account under subparagraph (A)(i)(III). ``(iii) Qualified hsa distributions from fsa and hra terminations.--Any qualified HSA distribution (as defined in section 106(e)) shall not be taken into account under subparagraph (A)(i). ``(C) Termination.--Coverage shall not be treated as meeting the requirements of this paragraph for any taxable year beginning after December 31, 2012.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 3. INCREASE IN ANNUAL HSA CONTRIBUTION LIMITATION. (a) In General.--Paragraph (2) of section 223(b) (relating to monthly limitation) is amended-- (1) in subparagraph (A) by striking ``$2,250'' and inserting ``$4,500'', and (2) in subparagraph (B) by striking ``$4,500'' and inserting ``$9,000''. (b) Cost-of-Living Adjustment.--Section 223(g)(1)(B)(i) is amended by striking ``calendar year 1997'' and inserting ``calendar year 2007''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 4. PURCHASE OF HEALTH INSURANCE FROM HSA ACCOUNT. (a) In General.--Paragraph (2) of section 223(d) (defining qualified medical expenses) is amended-- (1) by striking subparagraphs (B) and (C), (2) in subparagraph (A) by striking ``(a) in general.--'' and moving the text 2 ems to the left, and (3) by inserting `` and including payment for insurance)'' after ``section 213(d)''. (b) Effective Date.--The amendments made by this section shall apply with respect to insurance purchased after the date of the enactment of this Act in taxable years beginning after such date. SEC. 5. SPECIAL RULE FOR CERTAIN MEDICAL EXPENSES INCURRED BEFORE ESTABLISHMENT OF ACCOUNT. (a) In General.--Subsection (d) of section 223, as amended by section 4, is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Certain medical expenses incurred before establishment of account treated as qualified.-- ``(A) In general.--For purposes of paragraph (2), an expense shall not fail to be treated as a qualified medical expense solely because such expense was incurred before the establishment of the health savings account if such expense was incurred during the 60-day period beginning on the date on which the high deductible health plan is first effective. ``(B) Special rules.--For purposes of subparagraph (A)-- ``(i) an individual shall be treated as an eligible individual for any portion of a month for which the individual is described in subsection (c)(1), determined without regard to whether the individual is covered under a high deductible health plan on the 1st day of such month, and ``(ii) the effective date of the health savings account is deemed to be the date on which the high deductible health plan is first effective after the date of the enactment of this paragraph.''. (b) Effective Date.--The amendment made by this section shall apply with respect to insurance purchased after the date of the enactment of this Act in taxable years beginning after such date. SEC. 6. PROVISIONS RELATING TO MEDICARE. (a) Individuals Over Age 65 Only Enrolled in Medicare Part A.-- Section 223(b)(7) (relating to contribution limitation on Medicare eligible individuals) is amended by adding at the end the following new sentence: ``This paragraph shall not apply to any individual during any period the individual's only entitlement to such benefits is an entitlement to hospital insurance benefits under part A of title XVIII of such Act pursuant to an enrollment for such hospital insurance benefits under section 226(a)(1) of such Act.''. (b) Medicare Beneficiaries Participating in Medicare Advantage MSA May Contribute Their Own Money to Their MSA.--Subsection (b) of section 138 is amended by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 7. INDIVIDUALS ELIGIBLE FOR VETERANS BENEFITS FOR A SERVICE- CONNECTED DISABILITY. (a) In General.--Section 223(c)(1) (defining eligible individual) is amended by adding at the end the following new subparagraph: ``(D) Special rule for individuals eligible for certain veterans benefits.--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 receives periodic hospital care or medical services for a service-connected disability under any law administered by the Secretary of Veterans Affairs but only if the individual is not eligible to receive such care or services for any condition other than a service-connected disability.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 8. ALLOW BOTH SPOUSES TO MAKE CATCH-UP CONTRIBUTIONS TO THE SAME HSA ACCOUNT. (a) In General.--Paragraph (3) of section 223(b) is amended by adding at the end the following new subparagraph: ``(C) Special rule where both spouses are eligible individuals with 1 account.--If-- ``(i) an individual and the individual's spouse have both attained age 55 before the close of the taxable year, and ``(ii) the spouse is not an account beneficiary of a health savings account as of the close of such year, the additional contribution amount shall be 200 percent of the amount otherwise determined under subparagraph (B).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 9. FSA AND HRA TERMINATION TO FUND HSAS. (a) Grace Period Not Required.--Section 106(e)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``A distribution shall not fail to be treated as a qualified HSA distribution merely because the balance in such arrangement is determined without regard to the requirement that unused amounts remaining at the end of a plan year must be forfeited in the absence of a grace period.''. (b) Deposit in Limited FSA or HRA of Funds in Excess FSA or HRA Termination Distribution.--Paragraph (1) of section 106(e) of such Code is amended by inserting before the period at the end thereof the following: ``and the deposit of funds in excess of a qualified HSA distribution amount into a health flexible spending account or health reimbursement arrangement which is compatible with a health savings account and which, on the date of such distribution, is a part of the employer's plan''. (c) Disclaimer of Disqualifying Coverage.--Subparagraph (B) of section 223(c)(1) of such Code is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by inserting after clause (iii) the following new clause: ``(iv) any coverage (whether actual or prospective) otherwise described in subparagraph (A)(ii) which is disclaimed at the time of the creation or organization of the health savings account.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

HSA Improvement and Expansion Act of 2007 - Amends Internal Revenue Code provisions relating to health savings accounts (HSAs) to: (1) allow HSAs to incorporate flexible spending and health reimbursement arrangements; (2) increase the annual HSA contribution limitation; (3) permit the use of HSAs to purchase health insurance; (4) allow the payment of certain medical expenses incurred before the establishment of an HSA; (5) allow veterans eligible for service-connected disability benefits to establish an HSA; and (6) allow spouses to make increased catch-up contributions to a single HSA.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Multiple Punitive Damages Fairness Act''. SEC. 2. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings. Sec. 4. Purpose. Sec. 5. Definitions. Sec. 6. General rule. Sec. 7. Applicability; preemption; jurisdiction of Federal courts. Sec. 8. Effective date. SEC. 3. FINDINGS. The Congress finds the following: (1) Multiple or repetitive imposition of punitive damages for harms arising out of a single act or course of conduct may deprive a defendant of all of the assets or insurance coverage of the defendant, and may endanger the ability of claimants to receive compensation for basic out-of-pocket expenses and damages for pain and suffering. (2) The detrimental impact of multiple punitive damages exists even in cases that are settled, rather than tried, because the threat of punitive damages being awarded results in a settlement that provides for a higher award amount than would ordinarily be obtained. To the extent that this premium exceeds what would otherwise be a fair and reasonable settlement for compensatory damages, assets that could be available for satisfaction of future compensatory claims are dissipated. (3) Fundamental unfairness results when anyone is punished repeatedly for what is essentially the same conduct. (4) Federal and State appellate and trial judges, and well- respected commentators, have expressed concern that multiple imposition of punitive damages may violate constitutionally protected rights. (5) Multiple imposition of punitive damages may be a significant obstacle to global settlement negotiations in repetitive litigation. (6) Limiting the imposition of multiple punitive damages awards would facilitate the resolution of mass tort claims involving thousands of injured claimants. (7) Federal and State trial courts cannot provide solutions to problems caused by the multiple imposition of punitive damages because they lack the power or authority to prohibit subsequent awards in other courts. (8) Individual State legislatures can create only a partial remedy to address problems caused by the multiple imposition of punitive damages, because each State lacks the power to control the imposition of punitive damages in other States. SEC. 4. PURPOSE. The purpose of this Act is to provide a fair and balanced resolution to the problem of multiple imposition of punitive damages in interstate commerce. SEC. 5. DEFINITIONS. As used in this Act-- (1) the term ``punitive damages'' means damages awarded against any person or entity to punish or deter such person or entity, or others, from engaging in similar behavior in the future; (2) the term ``specific findings of fact'' are findings in written form focusing on specific behavior of a defendant that demonstrates a conscious, flagrant, indifference to the safety or welfare of the claimant; and (3) the term ``claimant'' means-- (A) any person who brings a civil action and any person on behalf of whom such action is brought; (B) if such action is brought through or on behalf of an estate, the term includes the claimant's decedent; and (C) if such action is brought through or on behalf of a minor or incompetent, the term includes the claimant's parent or guardian. SEC. 6. GENERAL RULE. (a) General Rule.--Except as provided in subsection (b), punitive damages shall be prohibited in any civil action in Federal or State court in which such damages are sought against a defendant based on the same act or course of conduct for which punitive damages have already been awarded against such defendant. (b) Circumstances for Award.-- (1) Substantial new evidence.--If the court determines in a pre-trial hearing that the claimant will offer new and substantial evidence of previously undiscovered, additional wrongful behavior on the part of the defendant, other than the injury to the claimant, the court may award punitive damages in accordance with subsection (c). (2) Insufficient award.--If the court determines in a pre- trial hearing that the amount of punitive damages previously imposed were insufficient to either punish the defendant's wrongful conduct or to deter the defendant and others from similar behavior in the future, the court may award punitive damages in accordance with subsection (c). (c) Limitations on Award.--A court awarding punitive damages pursuant to subsection (b) shall-- (1) make specific findings of fact on the record to support the award; (2) reduce the amount of the punitive portion of the damage award by the sum of the amounts of punitive damages previously paid by the defendant in prior actions based on the same act or course of conduct; and (3) prohibit disclosure to the jury of the court's determination and action under this subsection. SEC. 7. APPLICABILITY; PREEMPTION; JURISDICTION OF FEDERAL COURTS. (a) Applicability to Punitive Damages Actions.-- (1) In general.--Except as provided in paragraph (2), this Act shall apply to any civil action brought on any theory where punitive damages are sought based on the same act or course of conduct for which punitive damages have already been awarded against the defendant. (2) Statutory exception.--This Act shall not apply to any civil action involving damages awarded under any Federal or State statute that prescribes the amount of punitive damages to be awarded. (b) Preemption.--Except as provided in subsection (a)(2), this Act shall supersede any Federal or State law regarding recovery for punitive damages. (c) Jurisdiction of Federal Courts.--The district courts of the United States shall not have jurisdiction over any civil action pursuant to this Act based on sections 1331 or 1337 of title 28, United States Code. SEC. 8. EFFECTIVE DATE. (a) In General.--This Act shall take effect on the date of its enactment. (b) Pending Actions.--This Act shall apply to-- (1) any civil action pending on the date of enactment of this Act; and (2) any civil action commenced on or after such date, including any action in which the harm or the conduct which caused the harm occurred prior to such date.

Multiple Punitive Damages Fairness Act - Prohibits punitive damages in any civil action in Federal or State court in which such damages are sought against a defendant based on the same act or course of conduct for which punitive damages have already been awarded. Permits the court to award such punitive damages, subject to specified limitations, upon determining in a pre-trial hearing that: (1) the claimant will offer new and substantial evidence of previously undiscovered, additional wrongful behavior on the part of the defendant, other than the injury to the claimant; and (2) the amount of punitive damages previously imposed were insufficient to either punish the defendant's wrongful conduct or to deter the defendant and others from similar behavior in the future. Directs a court awarding punitive damages pursuant to such provision to: (1) make specific findings of fact on the record to support the award; (2) reduce the amount of the punitive portion of the damage award by the sum of the amounts of punitive damages previously paid by the defendant in prior actions based on the same act or course of conduct; and (3) prohibit disclosure to the jury of the court's determination and action. Makes this Act applicable to any civil action brought on any theory where punitive damages are sought based on the same act or course of conduct for which punitive damages have already been awarded against the defendant, except with respect to any civil action involving damages awarded under any Federal or State statute that prescribes the amount of punitive damages to be awarded. Specifies that: (1) this Act shall supersede any Federal or State law regarding recovery for punitive damages; and (2) the U.S. district courts shall not have jurisdiction over any civil action pursuant to this Act based on provisions regarding Federal question jurisdiction and commerce and antitrust regulations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Limiting Inhumane Federal Trapping Act''. SEC. 2. PROHIBITION OF USE OF BODY-GRIPPING TRAPS BY PERSONNEL AND ON LANDS OF THE DEPARTMENTS OF THE INTERIOR AND AGRICULTURE. (a) Prohibitions.--Except as provided in subsection (b)-- (1) no personnel of the Department of the Interior or the Department of Agriculture may, in performance of their duties, use, recommend, train regarding the use of, or plan for use of, any body-gripping trap; and (2) no person shall use or possess any body-gripping trap on property under the administrative jurisdiction of the Department of the Interior or the Department of Agriculture, without regard to whether the person is employed by, or working under a contract with, the Department of the Interior or the Department of Agriculture. (b) Exceptions.-- (1) Limitation on application.-- (A) In general.--Subsection (a) shall not apply with respect to use of a body-gripping trap to-- (i) control documented, invasive species to achieve resource management objectives where alternative methods have failed; or (ii) protect a species that is-- (I) listed as an endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or (II) treated by the Forest Service as a sensitive species. (B) Conditions.-- (i) In general.--Subparagraph (A) shall not apply unless-- (I) such use of a body-gripping trap is in accordance with applicable State and Federal law; (II) prior to use of a body- gripping trap, all available and viable nonlethal methods for such control or protection, respectively, are attempted; and (III) such attempts are documented in writing, and such documentation is maintained at the headquarters of the department that employs the individual engaging in such attempt. (ii) Nonlethal methods described.--For purposes of clause (i)(II), the term ``nonlethal methods''-- (I) except as provided in subclause (II), includes exclusions or barriers, harassment and scaring devices, and other methods that do not result in the death of target or nontarget species; and (II) does not include any body- gripping device. (2) Training.--Subsection (a)(1) shall not apply with respect to training in the dismantling of body-gripping traps that have been illegally placed. (3) Indian country.--Subsection (a)(2) shall not apply with respect to use of a body-gripping trap in the Indian country. (c) Penalties.-- (1) Knowing violations.--Any person who knowingly violates or fails to comply with this Act or any regulation issued under this Act shall be fined under title 18, United States Code, or imprisoned for not more than 1 year, or both. (2) Other violations.--Any person who otherwise violates or fails to comply with this Act or any such regulation shall be fined under title 18, United States Code, or imprisoned not more than 180 days, or both. (d) Definitions.--In this section: (1) Body-gripping trap.--The term ``body-gripping trap''-- (A) except as provided in subparagraph (B), means any device that is intended to kill or capture an animal by physically restraining any part of the animal on land or in an aquatic environment, including any-- (i) spring traps, including steel-jaw, padded, enclosed and dog-proof, or other modified foothold or leghold traps; (ii) kill-type trap, including Conibear and body-crushing traps; (iii) snare traps, including foot snares and strangling neck snares; and (iv) modified version of any such a trap; and (B) does not include any-- (i) cage or box trap; or (ii) suitcase-type live beaver trap. (2) Indian country.--The term ``Indian country'' has the meaning given that term under section 1151 of title 18, United States Code. (3) Personnel.--The term ``personnel'' includes individuals employed by, working under a contract or cooperative agreement with, or otherwise collaborating with the Department of the Interior or the Department of Agriculture. (e) ANILCA Not Affected.--Nothing in this Act is intended or shall be construed to conflict with the Alaska National Interests Lands Conservation Act (16 U.S.C. 3101 et seq.). (f) Stricter State Laws Not Affected.--This section shall not be construed to preempt or limit any requirement of any law or regulation of a State or political subdivision of a State, that-- (1) is more restrictive than the requirements of this section; or (2) creates penalties for conduct regulated by this section.

Limiting Inhumane Federal Trapping Act This bill prohibits any personnel of the Department of the Interior or the Department of Agriculture (USDA), in performing their duties, from using, recommending, training in the use of, or planning for the use of, any body-gripping trap used to kill or capture an animal. This prohibition does not apply to training in the dismantling of body-gripping traps that have been illegally placed. No person shall use or possess any body-gripping trap on property under the administrative jurisdiction of Interior or USDA, except in Indian country, regardless of whether the person is employed by, or is working under a contract with, Interior or USDA. Such prohibitions shall not apply to the use of a body-gripping trap to: control documented, invasive species to achieve resource management objectives where alternative methods have failed; or protect a species that is listed as an endangered or threatened species or treated by the Forest Service as a sensitive species. Such exceptions shall not apply unless: such use of a body-gripping trap is in accordance with state and federal law; prior to using such a trap, all available and viable nonlethal methods for such control or protection have been attempted; and such attempts have been documented in writing, and the documentation is maintained at the headquarters of the department that employs the individual engaging in such attempt. The bill imposes criminal penalties for violating the prohibitions in this bill.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Visas Act''. SEC. 2. VISA REFUSAL AND REVOCATION. (a) Authority of the Secretary of Homeland Security and the Secretary of State.--Section 428 of the Homeland Security Act (6 U.S.C. 236) is amended by striking subsections (b) and (c) and inserting the following: ``(b) Authority of the Secretary of Homeland Security.-- ``(1) In general.--Notwithstanding section 104(a) of the Immigration and Nationality Act (8 U.S.C. 1104(a)) or any other provision of law, and except for the authority of the Secretary of State under subparagraphs (A) and (G) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), the Secretary-- ``(A) shall have exclusive authority to issue regulations, establish policy, and administer and enforce the provisions of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) and all other immigration or nationality laws relating to the functions of consular officers of the United States in connection with the granting and refusal of a visa; and ``(B) may refuse or revoke any visa to any alien or class of aliens if the Secretary, or designee, determines that such refusal or revocation is necessary or advisable in the security interests of the United States. ``(2) Effect of revocation.--The revocation of any visa under paragraph (1)(B)-- ``(A) shall take effect immediately; and ``(B) shall automatically cancel any other valid visa that is in the alien's possession. ``(3) Judicial review.--Notwithstanding any other provision of law, including section 2241 of title 28, United States Code, any other habeas corpus provision, and sections 1361 and 1651 of such title, no United States court has jurisdiction to review a decision by the Secretary of Homeland Security to refuse or revoke a visa. ``(c) Authority of the Secretary of State.-- ``(1) In general.--The Secretary of State may direct a consular officer to refuse a visa requested by, or revoke a visa issued to, an alien if the Secretary of State determines such refusal or revocation to be necessary or advisable in the foreign policy interests of the United States. ``(2) Limitation.--No decision by the Secretary of State to approve a visa may override a decision by the Secretary of Homeland Security under subsection (b).''. (b) Issuance of Visas at Designated Consular Posts and Embassies.-- (1) In general.--Section 428(i) of the Homeland Security Act (6 U.S.C. 236(i)) is amended to read as follows: ``(i) Visa Issuance at Designated Consular Posts and Embassies.-- Notwithstanding any other provision of law, the Secretary of Homeland Security-- ``(1) shall conduct an on-site review of all visa applications and supporting documentation before adjudication at all visa-issuing posts in Algeria; Canada; Colombia; Egypt; Germany; Hong Kong; India; Indonesia; Iraq; Jerusalem, Israel; Jordan; Kuala Lumpur, Malaysia; Kuwait; Lebanon; Mexico; Morocco; Nigeria; Pakistan; the Philippines; Saudi Arabia; South Africa; Syria; Tel Aviv, Israel; Turkey; United Arab Emirates; the United Kingdom; Venezuela; and Yemen; and ``(2) is authorized to assign employees of the Department to each diplomatic and consular post at which visas are issued unless, in the Secretary's sole and unreviewable discretion, the Secretary determines that such an assignment at a particular post would not promote national or homeland security.''. (2) Expedited clearance and placement of department of homeland security personnel at overseas embassies and consular posts.--The Secretary of State shall accommodate and ensure-- (A) not later than 180 days after the date of the enactment of this Act, that Department of Homeland Security personnel assigned by the Secretary of Homeland Security under section 428(i)(1) of the Homeland Security Act have been stationed at post; and (B) not later than 180 days after the date on which the Secretary of Homeland Security designates an additional consular post or embassy for personnel under section 428(i)(2) of the Homeland Security Act that the Department of Homeland Security personnel assigned to such post or embassy have been stationed at post. (3) Appropriations.--There is authorized to be appropriated $60,000,000 for each of the fiscal years 2010 and 2011, which shall be used to expedite the implementation of section 428(i) of the Homeland Security Act, as amended by this subsection. (c) Visa Revocation.-- (1) Information.--Section 428 of the Homeland Security Act (6 U.S.C. 236) is amended by adding at the end the following: ``(j) Visa Revocation Information.--If the Secretary of Homeland Security or the Secretary of State revokes a visa-- ``(1) the relevant consular, law enforcement, and terrorist screening databases shall be immediately updated on the date of the revocation; and ``(2) look-out notices shall be posted to all Department of Homeland Security port inspectors and Department of State consular officers.''. (2) Effect of visa revocation.--Section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) is amended by striking ``, except in the context of a removal proceeding if such revocation provides the sole ground for removal under section 237(a)(1)(B).'' and inserting ``. A revocation under this subsection shall take effect immediately and shall automatically cancel any other valid visa that is in the alien's possession.''.

Secure Visas Act - Amends the Homeland Security Act to grant the Secretary of Homeland Security (DHS) (Secretary), except for the Secretary of State's authority with respect to diplomatic- and international organization-related visas, exclusive authority to issue regulations, establish policy, and administer and enforce the provisions of the Immigration and Nationality Act (INA) and all other immigration or nationality laws relating to U.S. consular officer visa functions. Authorizes the Secretary to refuse or revoke any visa to an alien or class of aliens if necessary or advisable for U.S. security interests. Prohibits judicial review of such determinations. Provides that any such visa revocation shall become effective immediately and cancel any other visa in an alien's possession. Authorizes the Secretary of State to direct a consular officer to refuse or revoke a visa if necessary or advisable for U.S. foreign policy interests. Prohibits a decision by the Secretary of State to approve a visa from overriding a revocation or refusal determination by the Secretary. Directs the Secretary to review on-site all visa applications and supporting documentation before adjudication at visa-issuing posts in Algeria, Canada, Colombia, Egypt, Germany, Hong Kong, India, Indonesia, Iraq, Jerusalem and Tel Aviv in Israel, Jordan, Kuala Lumpur in Malaysia, Kuwait, Lebanon, Mexico, Morocco, Nigeria, Pakistan, the Philippines, Saudi Arabia, South Africa, Syria, Turkey, United Arab Emirates, the United Kingdom, Venezuela, and Yemen. Authorizes the Secretary to assign DHS employees to such posts. States that if the Secretary or the Secretary of State revokes a visa: (1) the relevant consular, law enforcement, and terrorist screening databases shall be immediately updated; and (2) look-out notices shall be posted to all DHS port inspectors and Department of State consular officers. Amends INA to eliminate the exception permitting judicial review of a visa revocation where such revocation is the sole ground for a deportation process based upon an alien's unlawful presence in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Telephone Records and Privacy Protection Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) telephone records can be of great use to criminals because the information contained in call logs may include a wealth of personal data; (2) call logs may reveal the names of telephone users' doctors, public and private relationships, business associates, and more; (3) call logs are typically maintained for the exclusive use of phone companies, their authorized agents, and authorized consumers; (4) telephone records have been obtained without the knowledge or consent of consumers through the use of a number of fraudulent methods and devices that include-- (A) telephone company employees selling data to unauthorized data brokers; (B) ``pretexting'', whereby a data broker or other person represents that they are an authorized consumer and convinces an agent of the telephone company to release the data; or (C) gaining unauthorized Internet access to account data by improperly activating a consumer's account management features on a phone company's webpage or contracting with an Internet- based data broker who trafficks in such records; and (5) the unauthorized disclosure of telephone records not only assaults individual privacy but, in some instances, may further acts of domestic violence or stalking, compromise the personal safety of law enforcement officers, their families, victims of crime, witnesses, or confidential informants, and undermine the integrity of law enforcement investigations. SEC. 3. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH OBTAINING CONFIDENTIAL PHONE RECORDS INFORMATION OF A COVERED ENTITY. (a) Offense.--Chapter 47 of title 18, United States Code, is amended by inserting after section 1038 the following: ``Sec. 1039. Fraud and related activity in connection with obtaining confidential phone records information of a covered entity ``(a) Criminal Violation.--Whoever, in interstate or foreign commerce, knowingly and intentionally obtains, or attempts to obtain, confidential phone records information of a covered entity, by-- ``(1) making false or fraudulent statements or representations to an employee of a covered entity; ``(2) making such false or fraudulent statements or representations to a customer of a covered entity; ``(3) providing a document to a covered entity knowing that such document is false or fraudulent; or ``(4) accessing customer accounts of a covered entity via the Internet, or by means of conduct that violates section 1030 of this title, without prior authorization from the customer to whom such confidential phone records information relates; shall be fined under this title, imprisoned for not more than 10 years, or both. ``(b) Prohibition on Sale or Transfer of Confidential Phone Records Information.-- ``(1) Except as otherwise permitted by applicable law, whoever, in interstate or foreign commerce, knowingly and intentionally sells or transfers, or attempts to sell or transfer, confidential phone records information of a covered entity, without prior authorization from the customer to whom such confidential phone records information relates, or knowing or having reason to know such information was obtained fraudulently, shall be fined under this title, imprisoned not more than 10 years, or both. ``(2) For purposes of this subsection, the exceptions specified in section 222(d) of the Communications Act of 1934 shall apply for the use of confidential phone records information by any covered entity, as defined in subsection (h). ``(c) Prohibition on Purchase or Receipt of Confidential Phone Records Information.-- ``(1) Except as otherwise permitted by applicable law, whoever, in interstate or foreign commerce, knowingly and intentionally purchases or receives, or attempts to purchase or receive, confidential phone records information of a covered entity, without prior authorization from the customer to whom such confidential phone records information relates, or knowing or having reason to know such information was obtained fraudulently, shall be fined under this title, imprisoned not more than 10 years, or both. ``(2) For purposes of this subsection, the exceptions specified in section 222(d) of the Communications Act of 1934 shall apply for the use of confidential phone records information by any covered entity, as defined in subsection (h). ``(d) Enhanced Penalties for Aggravated Cases.--Whoever violates, or attempts to violate, subsection (a), (b), or (c) while violating another law of the United States or as part of a pattern of any illegal activity involving more than $100,000, or more than 50 customers of a covered entity, in a 12-month period shall, in addition to the penalties provided for in such subsection, be fined twice the amount provided in subsection (b)(3) or (c)(3) (as the case may be) of section 3571 of this title, imprisoned for not more than 5 years, or both. ``(e) Enhanced Penalties for Use of Information in Furtherance of Certain Criminal Offenses.-- ``(1) Whoever, violates, or attempts to violate, subsection (a), (b), or (c) knowing that such information may be used in furtherance of, or with the intent to commit, an offense described in section 2261, 2261A, 2262, or any other crime of violence shall, in addition to the penalties provided for in such subsection, be fined under this title and imprisoned not more than 5 years. ``(2) Whoever, violates, or attempts to violate, subsection (a), (b), or (c) knowing that such information may be used in furtherance of, or with the intent to commit, an offense under section 111, 115, 1114, 1503, 1512, 1513, or to intimidate, threaten, harass, injure, or kill any Federal, State, or local law enforcement officer shall, in addition to the penalties provided for in such subsection, be fined under this title and imprisoned not more than 5 years. ``(f) Extraterritorial Jurisdiction.--There is extraterritorial jurisdiction over an offense under this section. ``(g) Nonapplicability to Law Enforcement Agencies.--This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or political subdivision of a State, or of an intelligence agency of the United States. ``(h) Definitions.--In this section: ``(1) Confidential phone records information.--The term `confidential phone records information' means information that-- ``(A) relates to the quantity, technical configuration, type, destination, location, or amount of use of a service offered by a covered entity, subscribed to by any customer of that covered entity, and kept by or on behalf of that covered entity solely by virtue of the relationship between that covered entity and the customer; ``(B) is made available to a covered entity by a customer solely by virtue of the relationship between that covered entity and the customer; or ``(C) is contained in any bill, itemization, or account statement provided to a customer by or on behalf of a covered entity solely by virtue of the relationship between that covered entity and the customer. ``(2) Covered entity.--The term `covered entity'-- ``(A) has the same meaning given the term `telecommunications carrier' in section 3 of the Communications Act of 1934 (47 U.S.C. 153); and ``(B) includes any provider of IP-enabled voice service. ``(3) Customer.--The term `customer' means, with respect to a covered entity, any individual, partnership, association, joint stock company, trust, or corporation, or authorized representative of such customer, to whom the covered entity provides a product or service. ``(4) IP-enabled voice service.--The term `IP-enabled voice service' means the provision of real-time voice communications offered to the public, or such class of users as to be effectively available to the public, transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol, (whether part of a bundle of services or separately) with interconnection capability such that the service can originate traffic to, or terminate traffic from, the public switched telephone network, or a successor network.''. (b) Chapter Analysis.--The table of sections for chapter 47 of title 18, United States Code, is amended by adding after the item relating to section 1038 the following: ``1039. Fraud and related activity in connection with obtaining confidential phone records information of a covered entity.''. SEC. 4. SENTENCING GUIDELINES. (a) Review and Amendment.--Not later than 180 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of any offense under section 1039 of title 18, United States Code. (b) Authorization.--The United States Sentencing Commission may amend the Federal sentencing guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) as though the authority under that section had not expired. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Telephone Records and Privacy Protection Act of 2006 - Amends the federal criminal code to prohibit the obtaining, in interstate or foreign commerce, of confidential phone records information from a telecommunications carrier or IP-enabled voice service provider (covered entity) by: (1) making false or fraudulent statements to an employee of a covered entity or to a customer of a covered entity; (2) providing false or fraudulent documents to a covered entity; or (3) accessing customer accounts of a covered entity through the Internet or by fraudulent computer-related activities without prior authorization. Imposes a fine and/or imprisonment of up to 10 years. Prohibits the unauthorized sale or transfer, in interstate or foreign commerce, of confidential phone records information by any person or the purchase or receipt of such information with knowledge that it was fraudulently obtained or obtained without prior authorization. Imposes a fine and/or imprisonment of up to 10 years. Exempts covered entities from such restrictions to the extent authorized by the Communications Act of 1934 (e.g., for billing, protection of property rights, or for emergency purposes). Doubles fines and imposes an additional five-year prison term for violations occurring in a 12-month period involving more than $100,000 or more than 50 customers of a covered entity. Imposes an additional five-year prison term for violations involving the use of confidential phone records information to commit crimes of violence, crimes of domestic violence, and crimes against law enforcement officials and the administration of justice. Grants extraterritorial jurisdiction over crimes defined by this Act. Exempts lawfully authorized federal or state investigative, protective, or intelligence activities from the prohibitions of this Act. Directs the U.S. Sentencing Commission to review and amend, if appropriate, federal sentencing guidelines and policy statements for crimes defined by this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enterprise Zone Environmental Restoration Act of 1993''. SEC. 2. DEFINITIONS. As used in this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Impacted site.--The term ``impacted site'' means-- (A) an area that has been designated as an enterprise zone pursuant to section 701 of the Housing and Community Development Act of 1987 (42 U.S.C. 11501); or (B) an area that receives a similar designation under any other Federal law. (3) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 3. GRANT PROGRAM. (a) In General.--The Administrator, in consultation with the Secretary, shall establish a grant program to award grants for environmental testing and characterization on land owned by municipalities or other political subdivisions of States that the Administrator determines to be appropriate. Subject to the availability of funds, the Administrator shall award a grant to any municipality (or other political subdivision of a State that the Administrator determines to be appropriate) that submits an approved application concerning environmental testing and characterization for an impacted site. (b) Administration of Grant Program.--The Administrator, in consultation with the Secretary, shall promulgate such regulations as are necessary to carry out the grant program established under subsection (a). In promulgating the regulations, the Administrator shall-- (1) determine which activities constitute environmental testing and characterization; (2) establish a procedure for the submission and approval of an application for a grant; and (3) establish criteria for approving a grant application, including, to the extent known, consideration of-- (A) the potential environmental and human health risks posed by the area to be characterized; (B) the availability of other sources of funding to perform the environmental testing and characterization in the absence of funding from a grant under this Act; (C) the economic benefits that would flow from the development of the area; (D) the minimization of any economic benefit to parties liable for response actions at the area; and (E) other factors that the Administrator determines to be appropriate. (c) State Grant Program.--The Administrator may, in consultation with the Secretary, authorize the Governor of a State to carry out a State grant program to award grants to carry out the purposes of this Act. The Administrator may promulgate such regulations as may be necessary to carry out this subsection. (d) Repayment.-- (1) In general.-- (A) Payment.--Subject to subparagraph (B), the recipient of a grant under this section must, as a condition to receiving a grant award under this section, enter into an agreement with the Administrator that states that the recipient of the grant shall pay to the Administrator the net proceeds resulting from any transfer, lease, development, or conveyance of all or part of the area that is the subject of the grant. (B) Total payment.--The total amount of payments made by a grant recipient under this subsection shall not exceed an amount equal to the sum of-- (i) the amount of the grant; and (ii) any accrued interest (as determined pursuant to paragraph (2)). (2) Interest.--The interest payable under this section shall accrue at the same rate as is specified for interest earned pursuant to section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(a)). (3) Schedule for payment.--A payment required under paragraph (1) from the net proceeds of any transfer, lease, development, or conveyance shall be paid not later than 30 days after the recipient of the grant receives the net proceeds. (e) Evaluation and Report.-- (1) Evaluation.--Not later than December 31, 1994, the Administrator, in consultation with the Secretary, shall conduct an evaluation of the grant program under this section. The evaluation shall be based on information available at the time of the evaluation. The Administrator shall require that, as a condition to receiving a grant under this section, each grant recipient must submit data indicating the actual cost, benefits, sources, and use of all funds associated with the environmental testing and characterization of the area that is the subject of the grant award. (2) Report.--On completion of the evaluation referred to in paragraph (1), but not later than December 31, 1994, the Administrator shall submit a report to Congress that describes the findings and recommendations of the Administrator. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1993, 1994, 1995, and 1996 to carry out the purposes of this Act.

Enterprise Zone Environmental Restoration Act of 1993 - Directs the Administrator of the Environmental Protection Agency to establish a program to award grants for environmental testing and characterization on land owned by political subdivisions of States to political subdivisions that submit approved applications for such activities on impacted sites. Defines an "impacted site" as an area designated as an enterprise zone pursuant to the Housing and Community Development Act of 1987 or that receives a similar designation under other Federal law. Permits the Administrator to authorize State Governors to carry out State grant programs to carry out this Act. Sets forth conditions for the receipt of grants. Authorizes appropriations.

SECTION 1. CANADIAN TRANSBOUNDARY MOVEMENT OF MUNICIPAL SOLID WASTE. (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding at the end the following: ``SEC. 4011. CANADIAN TRANSBOUNDARY MOVEMENT OF MUNICIPAL SOLID WASTE. ``(a) Definitions.--In this section: ``(1) Agreement.--The term `Agreement' means-- ``(A) the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada, signed at Ottawa on October 28, 1986 (TIAS 11099); and ``(B) any regulations promulgated to implement and enforce that Agreement. ``(2) Municipal solid waste.--The term `municipal solid waste' has the meaning given the term in the Agreement. ``(b) Prohibition.--It shall be unlawful for any person to import, transport, or export municipal solid waste, for final disposal or incineration, in violation of the Agreement. ``(c) Authority of Administrator.-- ``(1) In general.--Beginning immediately after the date of enactment of this section, the Administrator shall-- ``(A) perform the functions of the Designated Authority of the United States described in the Agreement with respect to the importation and exportation of municipal solid waste under the Agreement; and ``(B) implement and enforce the Agreement (including notice and consent provisions of the Agreement). ``(2) Consent to importation.--In considering whether to consent to the importation of municipal solid waste under article 3(c) of the Agreement, the Administrator shall-- ``(A)(i) give substantial weight to the views of each State into which the municipal solid waste is to be imported; and ``(ii) consider the views of the local government having jurisdiction over the location at which municipal solid waste is to be disposed of; and ``(B) consider the impact of the importation on-- ``(i) continued public support for, and adherence to, State and local recycling programs; ``(ii) landfill capacity, as provided in comprehensive waste management plans; ``(iii) air emissions resulting from increased vehicular traffic; ``(iv) road deterioration resulting from increased vehicular traffic; and ``(v) public health and the environment. ``(d) Compliance Orders.-- ``(1) In general.--If, on the basis of any information, the Administrator determines that a person has violated or is in violation of this section, the Administrator may-- ``(A) issue an order that-- ``(i) assesses a civil penalty against the person for any past or current violation of the person; or ``(ii) requires compliance by the person with this section immediately or by a specified date; or ``(B) bring a civil action against the person for appropriate relief (including a temporary or permanent injunction) in the United States district court for the district in which the violation occurred. ``(2) Specificity.-- ``(A) In general.--Any order issued under paragraph (1) for a violation of this subsection shall state with reasonable specificity the nature of the violation. ``(B) Penalties.-- ``(i) Maximum penalty.--Any penalty assessed by an order issued under paragraph (1) shall not exceed $25,000 per day of noncompliance for each violation. ``(ii) Considerations.--In assessing a penalty under this section, the Administrator shall take into account-- ``(I) the seriousness of the violation for which the penalty is assessed; and ``(II) any good faith efforts of the person against which the penalty is assessed to comply with applicable requirements. ``(e) Public Hearing.-- ``(1) In general.--Any order issued under this section shall become final unless, not later than 30 days after the date of issuance of the order, the person or persons against which the order is issued submit to the Administrator a request for a public hearing. ``(2) Hearing.--On receipt of a request under paragraph (1), the Administrator shall promptly conduct a public hearing. ``(3) Subpoenas.--In connection with any hearing under this subsection, the Administrator may-- ``(A) issue subpoenas for-- ``(i) the attendance and testimony of witnesses; and ``(ii) the production of relevant papers, books, and documents; and ``(B) promulgate regulations that provide for procedures for discovery. ``(f) Violation of Compliance Orders.--If a person against which an order is issued fails to take corrective action as specified in the order, the Administrator may assess a civil penalty of not more than $25,000 for each day of continued noncompliance with the order.''. (b) Table of Contents.--The table of contents of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding at the end of the items relating to subtitle D the following: ``Sec. 4011. Canadian transboundary movement of municipal solid waste.''.

Amends the Solid Waste Disposal Act to prohibit any person from importing, transporting, or exporting municipal solid waste (MSW), for final disposal or incineration, in violation of the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada, signed at Ottawa on October 28, 1986.Directs the Administrator of the Environmental Protection Agency to perform the functions of the Designated Authority of the United States with respect to the importation and exportation of MSW under the Agreement and to implement and enforce the Agreement.Sets forth factors for consideration in the Administrator's determinations of whether to consent to importation.Provides procedures for issuance of compliance orders, assessment of civil penalties, and conduct of public hearings.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Black Revolutionary War Patriots Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the design selected by the Black Revolutionary War Patriots Foundation for the Black Revolutionary War Patriots Memorial in Washington, D.C. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``1996'' or ``1997''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Black Revolutionary War Patriots Foundation and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the period beginning on May 15, 1996, and ending on May 15, 1997. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of $10 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Black Revolutionary War Patriots Foundation for the purpose of establishing an endowment to support the construction of a Black Revolutionary War Patriots Memorial in Washington, D.C. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of Black Revolutionary War Patriots Foundation as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

Black Revolutionary War Patriots Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins emblematic of the design selected by the Black Revolutionary War Patriots Foundation for the Black Revolutionary War Patriots Memorial in Washington, D.C. Directs that coin sale surcharges be paid to the Black Revolutionary War Patriots Foundation to establish an endowment to support construction of the Memorial.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combined Sewer Overflow Control and Partnership Act of 1998''. SEC. 2. COMBINED SEWER OVERFLOWS. Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following: ``(q) Combined Sewer Overflows.-- ``(1) Requirement for permits, orders, and decrees.--Each permit, order, or decree issued pursuant to this Act for a discharge from a combined storm and sanitary sewer shall conform to the Combined Sewer Overflow Control Policy signed by the Administrator on April 11, 1994. ``(2) Term of permit, order, or decree.-- ``(A) Authority to issue.--Notwithstanding any schedule for compliance authorized by section 301(b), or any permit limitation authorized by subsection (b)(1)(B) of this section, the Administrator or the State (in the case of a State with a program approved under subsection (b)) may issue or execute a permit, order, or decree consistent with this section for a discharge from a combined storm and sanitary sewer. ``(B) Schedule for compliance.-- ``(i) In general.--A permit, order, or decree issued pursuant to subparagraph (A) shall include a schedule for compliance, within a period of not to exceed 15 years, with a long-term control plan under the Control Policy referred to in paragraph (1). ``(ii) Exception.--Notwithstanding clause (i), a compliance schedule of longer than 15 years may be granted if the owner or operator demonstrates to the satisfaction of the Administrator or the State, as appropriate, reasonable further progress towards compliance with a long-term plan under the Control Policy and if the Administrator or the State, as appropriate, determines-- ``(I) that compliance within 15 years is not within the economic capability of the owner or operator; or ``(II) that a longer period is otherwise appropriate. ``(3) Savings clause.--Any administrative or judicial decree or order issued before the date of enactment of this subsection establishing any deadline, schedule, or timetable for the construction of treatment works for control of any discharge from a municipal combined sewer system may, at the request of the municipal owner or operator, be modified to extend any such deadline, schedule, or timetable to conform with the requirements of paragraph (2). ``(4) Water quality standards-designated use review.--No permit, order, or decree issued pursuant to this Act shall require compliance with water quality based requirements contained in a long-term control plan under the Control Policy referred to in paragraph (1) unless the Administrator or the State, as appropriate, has completed the water quality standards-designated use review process called for in the Control Policy, including the adoption of any refinements needed to reflect the site-specific wet weather impacts of combined sewer overflows and to ensure that the long-term control plan provides for cost-effective compliance with water quality standards. Consideration shall be given to conducting these reviews on a watershed basis where appropriate. Nothing in this subsection may be construed to affect either the authority to conduct or scheduling of water quality standard reviews required under section 303(c). ``(5) Grants.-- ``(A) In general.--The Administrator may make grants to any municipality or municipal entity for planning, design, and construction of facilities to intercept, transport, control, or treat combined storm and sanitary sewer flows. ``(B) Federal share.--The Federal share of the cost of activities carried out using amounts from a grant made under subparagraph (A) shall be at least 55 percent of the cost. The non-Federal share of the cost may include, in any amount, public and private funds and in-kind services. ``(C) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $500,000,000 for fiscal year 1999, $750,000,000 for fiscal year 2000, and $1,000,000,000 for fiscal year 2001. Such sums shall remain available until expended. ``(D) Reports.--On or before January 1, 2001, and once every 2 years thereafter, the Administrator shall transmit to Congress a report containing recommended funding levels for the 2 fiscal years following the date of the report for activities relating to combined storm and sanitary sewer flows described in subparagraph (A).''.

Combined Sewer Overflow Control and Partnership Act of 1998 - Amends the Federal Water Pollution Control Act to require each permit, order, or decree issued pursuant to such Act for a discharge from a combined storm and sanitary sewer to conform to the Combined Sewer Overflow Control Policy signed by the Administrator of the Environmental Protection Agency on April 11, 1994. Authorizes the Administrator, notwithstanding specified compliance schedules and permit limitations, to issue or execute a permit, order, or decree for discharges from such sewers that includes a schedule for compliance with a long-term control plan for a term of up to 15 years. Provides for extensions of such term, as appropriate. Modifies any administrative or judicial decree or order issued before this Act's enactment date that establishes any deadline or schedule for the construction of treatment works for control of any discharge from a municipal combined sewer system to extend such deadlines or schedules to conform with this Act, at the request of the municipal owner or operator. Prohibits any permit, order, or decree issued pursuant to the Act from requiring compliance with water quality based requirements contained in a long-term control plan under the Control Policy unless the Administrator has completed the water quality standards-designated use review process called for in the Control Policy. Authorizes the Administrator to make grants to municipalities for planning, design, and construction of facilities to intercept, transport, control, or treat combined storm and sanitary sewer flows. Authorizes appropriations for FY 1999 through 2001. Directs the Administrator to report biennially to the Congress on recommended funding levels for the two fiscal years following the date of a report on activities relating to combined storm and sanitary sewer flows.

SECTION 1. BAN ON ACTIVITIES OF POLITICAL ACTION COMMITTEES IN HOUSE OF REPRESENTATIVES ELECTIONS. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``ban on activities of political action committees in house of representatives elections ``Sec. 323. Notwithstanding any other provision of this Act, no person other than an individual or a political committee may make contributions, solicit or receive contributions, or make expenditures for the purpose of influencing an election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress.''. (b) Definition of Political Committee.--(1) Section 301(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(4)) is amended to read as follows: ``(4) The term `political committee' means-- ``(A) the principal campaign committee of a candidate; ``(B) any national, State, or district committee of a political party, including any subordinate committee thereof; and ``(C) any local committee of a political party which-- ``(i) receives contributions aggregating in excess of $5,000 during a calendar year; ``(ii) makes payments exempted from the definition of contribution or expenditure under paragraph (8) or (9) aggregating in excess of $5,000 during a calendar year; or ``(iii) makes contributions or expenditures aggregating in excess of $1,000 during a calendar year.''. (2) Section 316(b)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by striking out subparagraph (C). (c) Candidate's Committees.--(1) Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended by adding at the end the following new paragraph: ``(9) For the purposes of the limitations provided by paragraphs (1) and (2), any political committee which is established or financed or maintained or controlled by any candidate or Federal officeholder shall be deemed to be an authorized committee of such candidate or officeholder.''. (2) Section 302(e)(3) of the Federal Election Campaign Act of 1971 (2 U.S.C. 432(e)(3)) is amended to read as follows: ``(3) No political committee that supports or has supported more than one candidate may be designated as an authorized committee, except that a candidate for the office of President nominated by a political party may designate the national committee of such political party as the candidate's principal campaign committee, but only if that national committee maintains separate books of account with respect to its functions as a principal campaign committee.''. (d) Rules Applicable When Ban Not in Effect.--For purposes of the Federal Election Campaign Act of 1971, during any period in which the limitation under section 323 of that Act (as added by subsection (a)) is not in effect-- (1) the amendments made by subsections (a) and (b) shall not be in effect; and (2) it shall be unlawful-- (A) for any person that is treated as a political committee by reason of paragraph (1) and is directly or indirectly established, administered, or supported by a connected organization which is a corporation, labor organization, or trade association to make contributions to any candidate or the candidate's authorized committee; and (B) for any person that is treated as a political committee by reason of paragraph (1) and is not directly or indirectly established, administered, or supported by a connected organization which is a corporation, labor organization, or trade association to make contributions to any candidate or the candidate's authorized committee for any election aggregating in excess of $1,000. SEC. 2. HOUSE OF REPRESENTATIVES ELECTION LIMITATION ON CONTRIBUTIONS FROM PERSONS OTHER THAN LOCAL INDIVIDUAL RESIDENTS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), is amended by adding at the end the following new subsection: ``(i)(1) A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not, with respect to a reporting period for an election, accept contributions from persons other than local individual residents totaling in excess of the total of contributions accepted from local individual residents. ``(2) As used in this subsection, the term `local individual resident' means an individual who resides in the congressional district involved. ``(3)(A) Any candidate who accepts contributions that exceed the limitation under this subsection with respect to the pre-election report period or the post-election report period shall pay to the Commission, for deposit in the Treasury, an amount equal to 5 times the amount of the excess contributions plus a civil penalty in an amount determined by the Commission. ``(B) Any candidate who accepts contributions that exceed the limitation under this subsection with respect to a period other than a period referred to in subparagraph (A) shall pay to the Commission, for deposit in the Treasury, an amount equal to 3 times the amount of the excess contributions. ``(C) Each report under section 304(a)(6) shall include a certification by the treasurer of the committee that the contributions reported do not exceed the limitation under this subsection.''. SEC. 3. EXPENDITURE LIMITATION OF $600,000 FOR EACH HOUSE OF REPRESENTATIVES CANDIDATE. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by section 2, is further amended by adding at the end the following new subsection: ``(j) Notwithstanding any other provision of this Act, a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not make expenditures of more than $600,000 with respect to a general election, including any primary election related to such general election.''. SEC. 4. PERSONAL CONTRIBUTION LIMITATION OF $100,000 FOR EACH HOUSE OF REPRESENTATIVES CANDIDATE. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by sections 2 and 3, is further amended by adding at the end the following new subsection: ``(k) Notwithstanding any other provision of this Act, a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not make personal contributions of more than $100,000 with respect to a general election, including any primary election related to such general election.''. SEC. 5. BAN ON INDEPENDENT EXPENDITURES IN HOUSE OF REPRESENTATIVES ELECTIONS. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended by section 1, is further amended by adding at the end the following new section: ``ban on independent expenditures in house of representatives elections ``Sec. 324. Notwithstanding any other provision of this Act, no person may make any independent expenditure with respect to an election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress.''. SEC. 6. BAN ON SOFT MONEY IN ELECTIONS FOR FEDERAL OFFICE. Section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431) is amended-- (1) in subparagraph (B) of paragraph (8), by striking out ``include--'' in the matter before clause (i) and all that follows through the end of the subparagraph, and inserting in lieu thereof ``include the value of services provided without compensation by any individual who volunteers on behalf of a candidate or political committee.''; (2) by striking out paragraph (9)(B); (3) by redesignating paragraph (9)(A) as paragraph (9); and (4) by redesignating clauses (i) and (ii) of paragraph (9), as so redesignated by paragraph (3) of this subsection, as subparagraphs (A) and (B), respectively. SEC. 7. FRANKING PROVISIONS. (a) Limitation on Mass Mailings During an Election Year.-- (1) In general.--Paragraph (6) of section 3210(a) of title 39, United States Code, is amended by adding at the end the following: ``(G)(i) A Member of or Member-elect to the House may not, during any even-numbered calendar year, mail any mass mailing as franked mail which is postmarked on or before the Tuesday next after the 1st Monday in November of such year. ``(ii) Nothing in clause (i) shall be considered to make permissible, with respect to the portion of the year remaining after the Tuesday referred to in such clause, the mailing of any mass mailing which would be impermissible under any other provision of law or any rule or regulation.''. (2) Conforming amendment.--Subparagraph (F) of section 3210(a)(6) of such title is amended by striking ``(A) and (C)'' and inserting ``(A), (C), and (G),''. (b) Definition of a Mass Mailing.-- (1) In general.--Paragraph (6) of section 3210(a) of title 39, United States Code, as amended by subsection (a), is further amended by adding at the end the following: ``(H) For purposes of applying this section with respect to a Member of or Member-elect to the House, subparagraph (E) shall be deemed to be amended-- ``(i) by striking `500' and inserting `25'; and ``(ii) by striking `or' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting `; or', and by adding after clause (iii) the following: `` `(iv) in furtherance of the administrative duties of the Member.'.''. (2) Conforming amendment.--Subparagraph (E) of section 3210(a)(6) of such title is amended by striking ``As used'' and inserting ``Subject to subparagraph (H), as used''. (c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act and shall apply with respect to mail sent on or after such date. For purposes of any determination as to whether or not a mailing sent by a Member of or Member-elect to the House of Representatives constitutes a mass mailing, mail sent before such date shall be considered separately from any mail sent on or after such date.

Amends the Federal Election Campaign Act of 1971 to prohibit any person other than an individual or a political committee from making contributions, soliciting or receiving contributions, or making expenditures for the purpose of influencing an election for Representative, Delegate, or Resident Commissioner to Congress (Representative). Deems any political committee established, financed, maintained, or controlled by a candidate or Federal office-holder to be an authorized committee of such individual. Prohibits any political committee that supports or has supported more than one candidate from being designated as an authorized committee, but permits a presidential candidate nominated by a political party to designate the national committee of such party as the candidate's principal campaign committee if that national committee maintains separate books of account with respect to its functions as a principal campaign committee. Sets forth rules applicable when the ban is not in effect. (Sec. 2) Prohibits a candidate for the office of Representative, with respect to a reporting period for an election, from accepting contributions from persons other than local individual residents totaling in excess of the total of contributions accepted from local individual residents. Sets penalties for accepting contributions that exceed such limitations. (Sec. 3) Sets an expenditure limit of $600,000 for each House of Representatives candidate for any general or primary election. (Sec. 5) Prohibits any person from making independent expenditures in House elections. (Sec. 6) Revises provisions regarding the definition of: (1) "contribution" to provide that such term shall exclude only the value of services provided without compensation by an individual who volunteers on behalf of a candidate or political committee; and (2) "expenditure" to repeal listed exclusions from that term. (Sec. 7) Prohibits a Member of or Member-elect to the House from mailing, during any even-numbered calendar year, any mass mailing as franked mail which is postmarked on or before the Tuesday next after the first Monday in November of such year. Revises the definition of "mass mailing" to mean, with respect to a session of the Congress, any mailing with substantially identical content totaling more than 25 pieces in that session, but excluding certain categories of mailings including those in furtherance of the Member's administrative duties.

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Teacher Training Act of 2001''. SEC. 2. GRANTS FOR CLASSROOM-RELATED COMPUTER TRAINING FOR TEACHERS. (a) In General.--The Secretary of Education, through the Office of Educational Technology established under section 216 of the Department of Education Organization Act (20 U.S.C. 3425), may award grants on a competitive basis to local educational agencies (as defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)) to assist such agencies in providing intensive classroom-related computer training for teachers. (b) Minimum Grant Amount.--A grant awarded pursuant to subsection (a) shall be for not less than $10,000,000. (c) Requirements of Grant.--A grant awarded pursuant to subsection (a) shall provide that-- (1) the grantee will enter into a contract with an institution of higher education or another nonprofit educational provider (hereafter in this section referred to as the ``contractor'') under which the contractor will agree to establish, operate, and provide the non-Federal share of the cost of a teacher training program described in such subsection; (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 a teacher training program 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. (d) Teacher Training Programs.--The teacher training programs authorized in subsection (a)-- (1) shall be conducted during the school year and during the summer months; (2) shall train teachers who teach grades kindergarten through college; (3) shall select teachers to become members of a teacher network whose members will conduct workshops for other teachers employed by the local educational agency; and (4) shall encourage teachers from all disciplines to participate in such teacher training programs. (e) Supplement and not Supplant.--Grants awarded pursuant to this section shall be used to supplement and not supplant State and local funds available for the purpose set forth in subsection (a). SEC. 3. INCOME TAX CREDIT FOR TECHNOLOGY-RELATED PROFESSIONAL DEVELOPMENT FOR TEACHERS. (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 25A the following new section: ``SEC. 25B. TECHNOLOGY-RELATED PROFESSIONAL DEVELOPMENT EXPENSES OF TEACHERS. ``(a) Allowance of Credit.--In the case of an eligible teacher, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified technology-related expenses paid or incurred by the taxpayer during such taxable year. ``(b) Maximum Credit.--The credit allowed by subsection (a) for any taxable year shall not exceed $1,000 with respect to each eligible teacher. ``(c) Eligible Teacher.--For purposes of this section, the term `eligible teacher' means any individual-- ``(1) who, at the time the expense is paid or incurred, is a full-time teacher for any of grades K-12 in the United States, or ``(2) who reasonably expects to be such a full-time teacher for the academic year beginning in the taxable year in which such expense is paid or incurred. ``(d) Qualified Technology-Related Expenses.-- ``(1) In general.--For purposes of this section, the term `qualified technology-related expenses' means expenses-- ``(A) which would (but for subsection (e)) be allowed as a deduction under this chapter by reason of being related to teaching activities referred to in subsection (c), and ``(B) which are for training in the use of technology (including computers) in the classroom. ``(2) Computers included.--Such term includes the cost of any computer or technology equipment (as defined in section 170(e)(6)(F)) if at least 50 percent of the use of which (whether or not in the classroom) is related to teaching activities as an eligible teacher. ``(e) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any expense for which a credit is allowed under this section. ``(f) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply to any taxable year.'' (b) Clerical Amendment.--The table of sections for such subpart A is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Technology-related professional development expenses of teachers.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. EXPANSION OF DEDUCTION FOR COMPUTER DONATIONS TO CHARITIES. (a) Extension of Age of Eligible Computers.--Clause (ii) of section 170(e)(6)(B) of the Internal Revenue Code of 1986 (defining qualified computer contribution) is amended by striking ``date'' the first place it appears and all that follows and inserting the following: ``date-- ``(I) the taxpayer acquired or reacquired the property, ``(II) construction of the property is substantially completed in the case of property constructed by the taxpayer for its own use in its trade or business and which is not inventory with respect to the taxpayer, or ``(III) the property was originally sold, leased, or otherwise disposed of by the taxpayer in the case of property reacquired by the taxpayer.''. (b) Reacquired Computers Eligible for Donation.--Clause (iii) of section 170(e)(6)(B) of such Code (defining qualified computer contribution) is amended by inserting ``, the person from whom the donor reacquires the property,'' after ``the donor''. (c) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years ending after the date of the enactment of this Act. SEC. 5. CREDIT FOR COMPUTER DONATIONS TO SCHOOLS AND PUBLIC LIBRARIES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following: ``SEC. 45E. CREDIT FOR COMPUTER DONATIONS TO SCHOOLS AND PUBLIC LIBRARIES. ``(a) General Rule.--For purposes of section 38, the school and public library computer donation credit determined under this section is an amount equal to 30 percent of the qualified computer contributions made by the taxpayer during the taxable year. ``(b) Increased Percentage for Contributions to Schools or Public Libraries in Empowerment Zones, Enterprise Communities, and Indian Reservations.--In the case of a qualified computer contribution to an educational organization, public library, or entity located in an empowerment zone or enterprise community designated under section 1391 or an Indian reservation (as defined in section 168(j)(6)), subsection (a) shall be applied by substituting `50 percent' for `30 percent'. ``(c) Limitation.--No credit shall be allowed under subsection (a) for the contribution of a computer (as defined in section 168(i)(2)(B)(ii)) if the computer software (as defined in section 197(e)(3)(B)) that serves as the operating system of such computer has not been lawfully installed. ``(d) Qualified Computer Contribution.--For purposes of this section, the term `qualified computer contribution' has the meaning given such term by section 170(e)(6)(B). ``(e) Certain Rules Made Applicable.--For purposes of this section, rules similar to the rules of paragraphs (1) and (2) of section 41(f) shall apply. ``(f) Termination.--This section shall not apply to taxable years beginning on or after the date which is 3 years after the date of the enactment of the 21st Century Teacher Training Act of 2001.'' (b) Current Year Business Credit Calculation.--Section 38(b) of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, plus'', and by adding at the end the following: ``(14) the school and public library computer donation credit determined under section 45E(a).''. (c) Disallowance of Deduction by Amount of Credit.--Section 280C of such Code (relating to certain expenses for which credits are allowable) is amended by adding at the end the following: ``(d) Credit for School and Public Library Computer Donations.--No deduction shall be allowed for that portion of the qualified computer contributions (as defined in section 170(e)(6)(B)) made during the taxable year that is equal to the amount of credit determined for the taxable year under section 45E(a). In the case of a corporation which is a member of a controlled group of corporations (within the meaning of section 52(a)) or a trade or business which is treated as being under common control with other trades or businesses (within the meaning of section 52(b)), this subsection shall be applied under rules prescribed by the Secretary similar to the rules applicable under subsections (a) and (b) of section 52.'' (d) Limitation on Carryback.--Subsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: ``(10) No carryback of school and public library computer donation credit before effective date.--No amount of unused business credit available under section 45E may be carried back to a taxable year beginning on or before the date of the enactment of this paragraph.''. (e) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45D the following: ``Sec. 45E. Credit for computer donations to schools and public libraries.'' (f) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after the date of the enactment of this Act.

21st Century Teacher Training Act of 2001 - Authorizes the Secretary of Education, through the Office of Educational Technology, to award competitive grants to local educational agencies (LEAs) to provide programs of intensive classroom-related computer training for teachers. Requires grantees to enter into contracts with institutions of higher education or other nonprofit educational providers that will establish, operate, and provide the non-Federal share of the cost of such programs.Amends the Internal Revenue Code to establish a personal income tax credit of up to $1,000 for technology-related professional development expenses for eligible teachers. Establishes a business-related tax credit for donations of computers to schools and public libraries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Legacy Reauthorization Act of 2008''. SEC. 2. DEFINITIONS. Section 118(a)(3) of the Federal Water Pollution Control Act (33 U.S.C. 1268(a)(3)) is amended-- (1) in subparagraph (I) by striking ``and'' at the end; (2) in subparagraph (J) by striking the period and inserting a semicolon; and (3) by adding at the end the following: ``(K) `site characterization' means a process for monitoring and evaluating the nature and extent of sediment contamination in accordance with the Environmental Protection Agency's guidance for the assessment of contaminated sediment in an area of concern located wholly or partially within the United States; and ``(L) `potentially responsible party' means an individual or entity that may be liable under any Federal or State authority that is being used or may be used to facilitate the cleanup and protection of the Great Lakes.''. SEC. 3. REMEDIATION OF SEDIMENT CONTAMINATION IN AREAS OF CONCERN. (a) Eligible Projects.--Section 118(c)(12)(B)(ii) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)(12)(B)(ii)) is amended by striking ``sediment'' and inserting ``sediment, including activities to restore aquatic habitat that are carried out in conjunction with a project for the remediation of contaminated sediment''. (b) Limitations.--Section 118(c)(12)(D) of such Act (33 U.S.C. 1268(c)(12)(D)) is amended-- (1) in the subparagraph heading by striking ``Limitation'' and inserting ``Limitations''; (2) in clause (i) by striking ``or'' at the end; (3) in clause (ii) by striking the period and inserting a semicolon; and (4) by adding at the end the following: ``(iii) unless each non-Federal sponsor for the project has entered into a written project agreement with the Administrator under which the party agrees to carry out its responsibilities and requirements for the project; or ``(iv) unless the Administrator provides assurance that the Agency has conducted a reasonable inquiry to identify potentially responsible parties connected with the site.''. (c) In-Kind Contributions.--Section 118(c)(12)(E)(ii) of such Act (33 U.S.C. 1268(c)(12)(E)(ii)) is amended to read as follows: ``(ii) In-kind contributions.-- ``(I) In general.--The non-Federal share of the cost of a project carried out under this paragraph may include the value of an in-kind contribution provided by a non-Federal sponsor. ``(II) Credit.--A project agreement described in subparagraph (D)(iii) may provide, with respect to a project, that the Administrator shall credit toward the non-Federal share of the cost of the project the value of an in-kind contribution made by the non-Federal sponsor, if the Administrator determines that the material or service provided as the in-kind contribution is integral to the project. ``(III) Work performed before project agreement.-- In any case in which a non-Federal sponsor is to receive credit under subclause (II) for the cost of work carried out by the non-Federal sponsor and such work has not been carried out by the non-Federal sponsor as of the date of enactment of this subclause, the Administrator and the non-Federal sponsor shall enter into an agreement under which the non-Federal sponsor shall carry out such work, and only work carried out following the execution of the agreement shall be eligible for credit. ``(IV) Limitation.--Credit authorized under this clause for a project carried out under this paragraph-- ``(aa) shall not exceed the non-Federal share of the cost of the project; and ``(bb) shall not exceed the actual and reasonable costs of the materials and services provided by the non-Federal sponsor, as determined by the Administrator. ``(V) Inclusion of certain contributions.--In this subparagraph, the term `in-kind contribution' may include the costs of planning (including data collection), design, construction, and materials that are provided by the non-Federal sponsor for implementation of a project under this paragraph.''. (d) Non-Federal Share.--Section 118(c)(12)(E) of such Act (33 U.S.C. 1268(c)(12)(E)) is amended-- (1) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (2) by inserting after clause (ii) the following: ``(iii) Treatment of credit between projects.--Any credit provided under this subparagraph towards the non- Federal share of the cost of a project carried out under this paragraph may be applied towards the non-Federal share of the cost of any other project carried out under this paragraph by the same non-Federal sponsor for a site within the same area of concern.''; and (3) in clause (iv) (as redesignated by paragraph (1) of this subsection) by striking ``service'' each place it appears and inserting ``contribution''. (e) Site Characterization.--Section 118(c)(12)(F) of such Act (33 U.S.C. 1268(c)(12)(F)) is amended to read as follows: ``(F) Site characterization.-- ``(i) In general.--The Administrator, in consultation with any affected State or unit of local government, shall carry out at Federal expense the site characterization of a project under this paragraph for the remediation of contaminated sediment. ``(ii) Limitation.--For purposes of clause (i), the Administrator may carry out one site assessment per discrete site within a project at Federal expense.''. (f) Authorization of Appropriations.--Section 118(c)(12)(H) of such Act (33 U.S.C. 1268(c)(12)(H)) is amended-- (1) by striking clause (i) and inserting the following: ``(i) In general.--In addition to other amounts authorized under this section, there is authorized to be appropriated to carry out this paragraph $50,000,000 for each of fiscal years 2004 through 2010.''; and (2) by adding at the end the following: ``(iii) Allocation of funds.--Not more than 20 percent of the funds appropriated pursuant to clause (i) for a fiscal year may be used to carry out subparagraph (F).''. (g) Public Information Program.--Section 118(c)(13)(B) of such Act (33 U.S.C. 1268(c)(13)(B)) is amended by striking ``2008'' and inserting ``2010''. SEC. 4. RESEARCH AND DEVELOPMENT PROGRAM. Section 106(b) of the Great Lakes Legacy Act of 2002 (33 U.S.C. 1271a(b)) is amended by striking paragraph (1) and inserting the following: ``(1) In general.--In addition to any amounts authorized under other provisions of law, there is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2004 through 2010.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Great Lakes Legacy Reauthorization Act of 2008 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to define: (1) "site characterization" as a process for monitoring and evaluating sediment contamination under the Environmental Protection Agency's (EPA) guidance for the assessment of contaminated sediment in an area of concern in the United States; and (2) "potentially responsible party" to mean an individual or entity that may be liable under any federal or state authority used to facilitate the cleanup and protection of the Great Lakes. Includes aquatic habitat restoration activities among activities the Great Lakes National Program Office is authorized to implement for the remediation of sediment contamination in areas of concern. Prohibits the Administrator from implementing such a remediation project unless: (1) each nonfederal sponsor has entered into a written agreement under which each party agrees to carry out its responsibilities and requirements for the project; and (2) the Administrator provides assurance that EPA has conducted a reasonable inquiry to identify potentially responsible parties. Revises provisions concerning the nonfederal share of project costs. Requires the Administrator to implement, at federal expense, one site characterization per site within a project for the remediation of contaminated sediment. Repeals a prohibition against implementing a project unless the nonfederal sponsor agrees to maintain aggregate expenditures from all other sources for remediation programs in the area of concern or above the average level of such expenditures in the two fiscal years preceding the date the project is initiated. Authorizes appropriations through FY2010 for: (1) such remediation projects; (2) a public information program to provide information relating to such remediation; and (3) the development and use of innovative approaches, technologies, and techniques for such remediation. Limits to 20% of the amount of funds appropriated for remediation projects that may be used for site characterization.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Efficiency and Conservation Incentives Act of 2001''. SEC. 2. ALLOWANCE OF DEDUCTION FOR QUALIFIED ENERGY MANAGEMENT DEVICES AND RETROFITTED QUALIFIED METERS. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 179A the following new section: ``SEC. 179B. DEDUCTION FOR QUALIFIED ENERGY MANAGEMENT DEVICES AND RETROFITTED METERS. ``(a) Allowance of Deduction.--There shall be allowed as a deduction-- ``(1) an amount equal to $30 for each qualified energy management device originally placed in service during the taxable year, and ``(2) for each qualified retrofitted meter originally placed in service during the taxable year, an amount equal to the lesser of-- ``(A) $30, or ``(B) the adjusted basis of such meter. ``(b) Definitions.-- ``(1) Qualified energy management device.--For purposes of this section, the term `qualified energy management device' means any meter or metering device acquired and used by an electric energy or natural gas supplier or service provider to enable consumers or others to manage their purchase, sale, or use of electricity or natural gas in response to energy price and usage signals. ``(2) Qualified retrofitted meter.--For purposes of this section, the term `qualified retrofitted meter' means an electric energy or natural gas meter or metering device that has been modified by the addition of equipment designed to enable users to manage the purchase, sale, or use of electricity and natural gas in response to energy price and usage signals. ``(3) Placed in service.--For purposes of this section, the term `placed in service' means interconnected with other devices in a manner that permits reading of energy price and usage signals on at least a daily basis. ``(4) Cost of meters includes cost of installation.--The cost of any qualified energy management device or qualified retrofitted meter referred to in paragraph (1) or (2) shall include the cost of the original installation of such property. ``(c) Devices Installed Outside the United States Not Qualified.-- No deduction shall be allowed under subsection (a) with respect to any qualified energy management device or qualified retrofitted meter placed in service outside the United States. ``(d) Basis Reduction.-- ``(1) In general.--For purposes of this title, the basis of any property shall be reduced by the amount of the deduction with respect to such property which is allowed by subsection (a). ``(2) Ordinary income recapture.--For purposes of section 1245, the amount of the deduction allowable under subsection (a) with respect to any property that is of a character subject to the allowance for depreciation shall be treated as a deduction allowed for depreciation under section 167.''. (b) Conforming Amendments.-- (1) Section 263(a)(1) of such Code is amended by striking ``or'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, or'', and by inserting after subparagraph (H) the following new subparagraph: ``(I) expenditures for which a deduction is allowed under section 179B.''. (2) Section 312(k)(3)(B) of such Code is amended by striking ``or 179A'' each place it appears in the heading and text and inserting ``, 179A, or 179B''. (3) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``, and'', and by inserting after paragraph (27) the following new paragraph: ``(28) to the extent provided in section 179B(d)(1),''. (4) Section 1245(a) of such Code is amended by inserting ``179B,'' after ``179A,'' both places it appears in paragraphs (2)(C) and (3)(C). (5) The table of contents for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 179A the following new item: ``Sec. 179B. Deduction for qualified energy management devices and retrofitted meters.''. (c) Effective Date.--The amendments made by this section shall apply to qualified energy management devices placed in service after the date of the enactment of this Act and to qualified retrofitted meters that are placed in service after, or that are in use as of, the date of the enactment of this Act. SEC. 3. 3-YEAR APPLICABLE RECOVERY PERIOD FOR DEPRECIATION OF QUALIFIED ENERGY MANAGEMENT DEVICES. (a) In General.--Subparagraph (A) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to classification of property) is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) any qualified energy management device.''. (b) Definition of Qualified Energy Management Device.--Section 168(i) of such Code (relating to definitions and special rules) is amended by inserting at the end the following new paragraph: ``(15) Qualified energy management device.--The term `qualified energy management device' means a meter or metering device that is acquired and used by an electric energy or natural gas supplier or service provider to enable consumers and others to manage their purchase, sale, and use of electricity or natural gas in response to energy price and usage signals that are readable on at least a daily basis. For purposes of the preceding sentence, the cost of any qualified energy management device shall (at the election of the taxpayer) include the cost of the original installation of such property.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2000.

Energy Efficiency and Conservation Incentives Act of 2001 - Amends the Internal Revenue Code to allow as a deduction: (1) an amount equal to $30 for each qualified energy management device originally placed in service during the taxable year; and (2) for each qualified retrofitted meter originally placed in service during the taxable year, an amount equal to the lesser of $30 or the adjusted basis of such meter.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal Jobs Creation Act of 2010''. SEC. 2. PURPOSE. The purpose of this Act is to provide employment opportunities for coastal communities by increasing support for-- (1) cooperative research and monitoring; (2) the revitalization of coastal infrastructure; (3) recreational fishing registry programs; (4) marine debris removal; and (5) restoration of coastal resources. SEC. 3. COASTAL JOBS CREATION GRANT PROGRAM. (a) Establishment.--The Secretary of Commerce (in this Act referred to as the ``Secretary'') shall use funds made available under this Act to implement a Coastal Jobs Creation Grant Program using the authorities listed in subsection (b). The Secretary shall expend such funds as quickly as possible consistent with prudent management. (b) Authorities.--The authorities referred to in subsection (a) are authorities under the following laws: (1) Section 306A of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455a). (2) Section 315(e) of the Coastal Zone Management Act (16 U.S.C. 1461(e)). (3) Section 204 of the Coral Reef Conservation Act (16 U.S.C. 6403). (4) Section 12304 of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3603). (5) Section 318 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1867). (6) Section 401(g) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881(g)). (7) Section 3 of the Marine Debris Research, Prevention, and Reduction Act (33 U.S.C. 1952). (8) Section 408 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421f-1). (9) Section 311 of the National Marine Sanctuaries Act (16 U.S.C. 1442). (10) Section 205 of the National Sea Grant College Program Act (33 U.S.C. 1124). (c) Activities.--Activities funded under the Coastal Jobs Creation Grant Program shall include the following: (1) Cooperative research to collect and compile economic and social data related to recreational and commercial fisheries management. (2) Cooperative research to identify habitat areas of particular concern and for habitat restoration and conservation. (3) Improving the quality and accuracy of information generated by the Marine Recreational Fishery Statistics Survey. (4) Establishment and implementation of State recreational fishing registry programs. (5) Training and deploying observers authorized or required under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (6) Preservation or restoration of coastal resources identified for their conservation, recreational, ecological, historic, or aesthetic values. (7) Redevelopment of deteriorating and underutilized working waterfronts and ports. (8) Research and monitoring within the National Estuarine Research Reserve System, the National Marine Sanctuary System, and coral reef ecosystems, and under the National Sea Grant College Program. (9) Implementation of local strategies developed by State or Federal agencies to conserve coral reef ecosystems. (10) Research to develop, test, and deploy innovations and improvements in coastal and ocean observation technologies. (11) Cooperative research to collect data to improve, supplement, or enhance fishery and marine mammal stock assessments. (12) Cooperative research to assess the amount and type of bycatch and to engineer gear types designed to reduce bycatch. (13) Reducing and preventing the occurrence and adverse impacts of marine debris on the marine environment and navigation safety. (d) Funding Criteria.--The Secretary may not make funds available under this Act for a proposed project unless the project, to the maximum extent practicable-- (1) provides the greatest employment opportunities for coastal communities and benefits commercial and recreational fishing industries; (2) replicates or builds upon a successful local, State, Federal, or tribal project; (3) utilizes existing fishing community infrastructure, including idled fishing vessels; (4) supports research and monitoring that improves science- based management decisions; or (5) contributes to restoring, protecting, or preserving coastal and ocean ecosystems. (e) Guidelines.--Within 30 days after the date of enactment of this Act, the Secretary shall develop guidelines necessary to implement the Coastal Jobs Creation Grant Program. SEC. 4. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT. Section 401(g) of Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881(g)) is amended by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph (3) the following new paragraph: ``(4) Funding.--The Secretary, subject to the availability of appropriations, shall enter into contracts with, or provide grants to, States for the purpose of establishing and implementing a registry program to meet the requirements for exemption under paragraph (2).''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. To carry out the Coastal Jobs Creation Grant Program there is authorized to be appropriated to the Secretary of Commerce $80,000,000 for each of fiscal years 2011 through 2015, of which no more than 5 percent may be used each fiscal year for administrative expenses of such program.

Coastal Jobs Creation Act of 2010 - Directs the Secretary of Commerce to implement a Coastal Jobs Creation Grant Program which shall include: (1) cooperative research to collect and compile economic and social data related to recreational and commercial fisheries management: (2) establishment and implementation of state recreational fishing registry programs; (3) training and deploying observers authorized or required under the Magnuson-Stevens Fishery Conservation and Management Act; (4) preservation or restoration of coastal resources identified for their conservation, recreational, ecological, historic, or aesthetic values; (5) redevelopment of deteriorating and underutilized working waterfronts and ports; (6) research to develop, test, and deploy innovations and improvements in coastal and ocean observation technologies; (7) cooperative research to collect data to improve, supplement, or enhance fishery and marine mammal stock assessments; and (8) other specified activities. Amends the Magnuson-Stevens Fishery Conservation and Management Act to require the Secretary of Commerce to enter into contracts with, or provide grants to, states for the purpose of establishing and implementing a registry program to meet the requirements for the exemption from registration of a regional standardized fishing vessel registration and information management system program for state licensed recreational fishermen and charter fishing vessels when the Secretary determines that information from the state program is suitable for the Secretary's use in completing marine recreational fisheries statistical surveys or evaluating the effects of proposed conservation and management measures for marine recreational fisheries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Schools and Libraries Internet Access Act''. SEC. 2. REPEAL OF FEDERAL COMMUNICATIONS COMMISSION AUTHORITY. Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is amended-- (1) in subsection (b)-- (A) by striking paragraph (6); and (B) by redesignating paragraph (7) as paragraph (6); (2) in subsection (c)-- (A) in paragraph (1)(A), by striking ``education, public health, or''; and (B) by striking paragraph (3); and (3) by striking subsection (h). SEC. 3. REDUCTION OF EXCISE TAX ON TELEPHONE AND OTHER COMMUNICATIONS SERVICES. (a) Phase-Out of Tax.--Section 4251(b)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Applicable percentage.--The term `applicable percentage' means-- ``(A) 3.0 percent with respect to amounts paid pursuant to bills first rendered before January 1, 1999; and ``(B) 1.0 percent with respect to amounts paid pursuant to bills first rendered on or after January 1, 1999, and before October 1, 2003.'' (b) Repeal of Tax.--Subchapter B of chapter 33 of the Internal Revenue Code of 1986 is repealed effective with respect to bills first rendered on or after October 1, 2003. SEC. 4. TELECOMMUNICATIONS TECHNOLOGY TRUST FUND. (a) In General.--Chapter 98 of the Internal Revenue Code of 1986 is amended by inserting after section 9410 the following: ``SEC. 9511. TELECOMMUNICATIONS TECHNOLOGY TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust found to be known as the `Telecommunications Technology Trust Fund', consisting of such amounts as may be appropriated or credited pursuant to this section or section 9602(b). ``(b) Transfer to Telecommunications Technology Trust Fund Amounts Equivalent of Certain Taxes.--There are hereby appropriated to the Telecommunications Technology Trust Fund amounts equivalent to 100 percent of the taxes received in Treasury after December 31, 1998, under section 4251 (relating to tax on communications). ``(c) Expenditures From Telecommunications Technology Trust Fund.-- Amounts in the Telecommunications Technology Trust Fund shall be available for making expenditures to carry out the provisions of section 106 of the National Telecommunications and Information Administration Organization Act. ``(d) Sunset.--The provisions of this section shall cease to be effective on October 1, 2003.''. SEC. 5. PROVISION OF TELECOMMUNICATIONS SERVICES TO SCHOOLS, LIBRARIES, AND RURAL HEALTH CARE PROVIDERS. Part A of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.) is amended by adding at the end the following new section: ``SEC. 106. PROVISION OF ADVANCED TELECOMMUNICATIONS SERVICES. ``(a) Provision of Certain Telecommunications and Related Services.-- ``(1) Grants authorized.--The Secretary (or the Secretary's designee) shall award a grant for a fiscal year to each State having an approved plan under paragraph (3) for the following purposes: ``(A) To assist in acquiring telecommunications and related services which are necessary for the provision of health care services, including instruction relating to such telecommunications and related services, by any public or nonprofit health care provider that serves persons who reside in a rural area, as defined in section 1886(d)(2)(D) of the Social Security Act (42 U.S.C. 1395ww(d)(2)(D)). ``(B) To assist in acquiring telecommunications and related services for elementary schools, secondary schools, and libraries for educational purposes. ``(2) Allocation of funds.--From amounts appropriated pursuant to subsection (b), the Secretary shall allocate to each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico as follows, except that no State shall receive less than \1/2\ of 1 percent of such amount: ``(A) Fifty percent shall be allocated among such jurisdictions on the basis of their relative populations of individuals aged five through 17, as determined by the Secretary on the basis of the most recent satisfactory data. ``(B) Fifty percent shall be allocated among such jurisdictions in accordance with the relative amounts such jurisdictions received under part A of title I of the Elementary and Secondary Education Act of 1965 for the preceding fiscal year. ``(3) State plans.--In order for a State to receive a grant or an allocation of funds under this part for any fiscal year, such State shall have in effect for such fiscal year a State plan. Such plan shall-- ``(A) designate the State educational agency (as such term is defined in section 14101 of the Elementary and Secondary Education Act of 1965) as the State agency responsible for the administration of the program assisted under this part; ``(B) set forth a program under which funds paid to the State in accordance with this section will be expended solely for-- ``(i) acquiring certain telecommunications and related services under subsection (a); and ``(ii) administration of the State plan, except that the amount used for administration of the State plan in any fiscal year shall not exceed 2 percent of the amount available to such State under this section for such fiscal year; ``(C) set forth criteria to be used in allotting funds among the eligible entities in the State, taking into consideration the relative economic need of the eligible entities, including the number of students or other persons who are-- ``(i) living in areas with high concentrations of low-income families; ``(ii) from or part of a low-income family; and ``(iii) living in sparsely populated areas; and ``(D) contain assurance that funds paid to the State in accordance with this section will be expended in accordance with the regulations prescribed by the Secretary under paragraph (5). ``(4) Terms and conditions.--Telecommunications and related services and network capacity provided to a school, library, or health care provider under this section may not be sold, resold, or otherwise transferred by such user in consideration for money or any other thing of value. ``(5) Rulemaking authority.--The Secretary (or the Secretary's designee) shall prescribe such regulations as may be necessary to establish qualifications and conditions to carry out the provisions of this section. Such regulations shall include criteria by which States shall determine, in the case of any acquisition of telecommunications and related services for elementary schools, secondary schools, and libraries for educational purposes that includes the installation of equipment within any such school or library, whether the installation is essential to permit such school or library to have access to advanced technologies. ``(6) Definitions.--For purposes of this section: ``(A) Elementary and secondary schools.--The terms `elementary schools' and `secondary schools' have the same meanings given those terms in paragraphs (14) and (25), respectively, of section 14101 of the Elementary and Secondary Education Act of 1965. ``(B) Health care provider.--The term `health care provider' includes-- ``(i) post-secondary educational institutions offering health care instructions, teaching hospitals, and medical schools; ``(ii) community health centers or health centers providing health care to migrants; ``(iii) local health departments or agencies; ``(iv) community mental health centers; ``(v) not-for-profit hospitals; ``(vi) rural health clinics; and ``(vii) consortia of health care providers consisting of 1 or more of the above described entities. ``(C) Eligible entities.--Notwithstanding subparagraph (A) or (B), no entity shall be entitled to receive grants authorized under this section if such entity operates as other than a not-for-profit business, is a school described in subparagraph (A) with an endowment of more than $50,000,000, or is a library or library consortium not eligible for assistance from a State library administrative agency under the Library Services and Technology Act. ``(b) Expenditure Authority.-- ``(1) Appropriations from trust fund.-- ``(A) Authorization.--Subject to subparagraphs (B) and (C), there are authorized to be appropriated from the Telecommunications Technology Trust Fund, established pursuant to section 9511 of the Internal Revenue Code of 1986, such funds as may be necessary for each of the fiscal years 1999 through 2003 to fund-- ``(i) the grants authorized by section (a)(1); and ``(ii) such expenditures as may be necessary to administer the programs established by this section. ``(B) Limitation based on collections.--No amount may be appropriated pursuant to subparagraph (A) for a fiscal year for grants pursuant to section (a)(1) that in the aggregate exceed 100 percent of the trust fund receipts credited to the Telecommunications Technology Trust Fund with respect to the preceding fiscal year. ``(C) Fiscal year 1999 limitation.--The amount appropriated under subparagraph (A) for fiscal year 1999 shall not exceed $1,700,000,000. ``(D) Unexpended balances.--Any balances in the Telecommunications Technology Trust Fund after deduction of the amount appropriated under subparagraph (A) for any fiscal year are authorized to be transferred to and deposited in the general fund of the Treasury, to the extent so provided in an appropriations Act. ``(2) Appropriations after expiration of tax receipts.--For fiscal year 2004 and each of the succeeding fiscal years, there are authorized to be appropriated, from funds in the Treasury not otherwise appropriated, not to exceed $500,000,000 to fund-- ``(A) the grants authorized by section (a)(1); and ``(B) such expenditures as may be necessary to administer the programs established by this section.''. SEC. 6. EFFECTIVE DATES. (a) Delayed Date.--The amendments made by sections 2 and 5 of this Act shall be effective 180 days after the date of enactment of this Act. (b) Immediate Effect.--The amendments made by sections 3 and 4 of this Act shall be effective on the date of enactment of this Act.

Schools and Libraries Internet Access Act - Amends the Communications Act of 1934 to repeal provisions authorizing the Federal Communications Commission to take certain actions to provide access to advanced telecommunications services for schools, health care providers, and libraries. Amends the Internal Revenue Code to reduce the excise tax paid for telephone and other communications services to one percent (currently, three percent) of the total paid for such services beginning with bills rendered on or after January 1, 1999, and before October 1, 2003. Repeals such communications taxation provisions with respect to bills rendered on or after October 1, 2003. Establishes in the Treasury the Telecommunications Technology Trust Fund and appropriates into such Fund all amounts received pursuant to the above taxation authority after December 31, 1998. Makes such funds available to carry out provisions of the National Telecommunications and Information Administration Organization Act (NTIAO) as added under this Act. Terminates this section on October 1, 2003. Amends the NTIAO to direct the Secretary of Commerce to award a fiscal year grant to each State having an approved plan for the acquisition of telecommunications and related services for: (1) the provision of health care services by any public or nonprofit health care provider that serves persons residing in a rural area; or (2) elementary and secondary schools and libraries, for educational purposes. Provides for an allocation of State funding based on relative populations. Requires the State plan to take into consideration the relative economic need of the eligible entities, including the number of students living in low-income or sparsely populated areas. Authorizes appropriations from the Fund for FY 1999 through 2003 for such grants and administrative expenses. Authorizes appropriations for FY 2004 and thereafter for such purposes from general Treasury funds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pharmaceutical Research and Manufacturers Accountability Act of 2005'' or the ``PhRMA Act of 2005''. SEC. 2. CONCEALMENT OF SERIOUS ADVERSE DRUG EXPERIENCE. (a) Penalty for Knowing Concealment of Serious Adverse Drug Experience.--Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) is amended by adding at the end the following: ``(h) An individual who violates a provision of section 301 shall be imprisoned for a term of a minimum of 20 years and a maximum of life, fined not more than $2,000,000, or both, if-- ``(1) the individual is employed as the chief executive officer or a member of the senior executive management group of the manufacturer of a drug; and ``(2) the violation involves, with respect to such drug, knowing concealment by the individual of evidence of a serious adverse drug experience (as that term is defined in section 505(o)).''. (b) Annual Attestation by CEO Regarding Any Serious Adverse Drug Experience.--The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is amended-- (1) in section 505 (21 U.S.C. 355), by adding at the end the following: ``(o) Annual Attestation by CEO Regarding Any Serious Adverse Drug Experience.-- ``(1) Requirement.--For each drug for which an approval of an application filed under subsection (b) or (j) is in effect, the Secretary shall require the chief executive officer of the manufacturer of the drug to submit a separate, written attestation on an annual basis-- ``(A) stating that the manufacturer has disclosed to the Secretary all evidence of any serious adverse drug experience related to the drug; and ``(B) describing the process by which the manufacturer ensures that such disclosure has occurred. ``(2) Definitions.--For purposes of this subsection: ``(A) The term `evidence of any serious adverse drug experience' includes any evidence of a serious adverse drug experience that-- ``(i) is obtained by the manufacturer involved from any source of information, foreign or domestic, including any information obtained from a clinical trial conducted before or after approval of the drug, from postmarketing surveillance of the drug, or from a postmarketing report by a physician; or ``(ii) is required by any provision of this Act to be reported by the manufacturer to the Secretary. ``(B) The term `serious adverse drug experience' means an adverse drug experience occurring at any dose that results in-- ``(i) death, a life-threatening adverse drug experience, inpatient hospitalization, prolongation of existing hospitalization, a persistent or significant disability or incapacity, or a congenital anomaly or birth defect; or ``(ii) a medical event that, based on appropriate medical judgment, may jeopardize the patient or subject and may require medical or surgical intervention to prevent one of the outcomes listed in clause (i). ``(3) Initial attestation.--The Secretary shall require that the first attestation under this subsection for a drug be submitted-- ``(A) in the case of a drug for which approval of an application filed under subsection (b) or (j) is in effect on the date of the enactment of this subsection, not later than 1 year after such date; and ``(B) in the case of any other drug, not later than 1 year after the the date of such approval for the drug. ``(4) Failure to submit.--If the chief executive officer of a manufacturer of a drug for which an approval of an application filed under subsection (b) or (j) is in effect fails to submit a timely attestation for the drug as required by paragraph (1), the Secretary-- ``(A) may issue an order withdrawing approval of the application; and ``(B) shall not revoke such an order, or otherwise approve or reinstate the application, unless-- ``(i) the Secretary conducts a review of the drug's safety; ``(ii) the Secretary determines that the drug is safe for use; and ``(iii) the manufacturer reimburses the Secretary for the costs of such review and determination. ``(5) Supplemental information.--In conducting a review under paragraph (4)(B)(i), the Secretary may require the manufacturer of the drug involved to submit supplemental information on the drug's safety.''; (2) in section 301 (21 U.S.C. 331), by inserting at the end the following: ``(hh) The failure to submit an attestation in accordance with section 505(o).''; and (3) in section 303 (21 U.S.C. 333), as amended by subsection (a), by adding at the end the following: ``(i)(1) A person who violates section 301(hh) by failing to submit an attestation in accordance with section 505(o) shall be fined-- ``(A) in the case of an individual, in accordance with title 18, United States Code; and ``(B) in the case of any other person, not more than $1,000,000. ``(2) Each 30-day period during which such violation continues shall constitute a separate offense.''. (c) Deadline for Postmarketing Studies.-- (1) In general.--The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is amended-- (A) in section 505 (21 U.S.C. 355), as amended by subsection (b)(1), by adding at the end the following: ``(p) Deadline for Postmarketing Studies of Drugs.-- ``(1) Requirement.--If the Secretary requires the manufacturer or sponsor of a drug to conduct a postmaketing study of the drug, the Secretary shall require the manufacturer or sponsor to complete the study by a specified deadline. ``(2) Extension.--On request, the Secretary may extend a deadline established under this subsection.''; (B) in section 301 (21 U.S.C. 331), as amended by subsection (b)(2), by inserting at the end the following: ``(ii) The failure to complete a postmarketing study by the deadline established by the Secretary for such study under section 505(p).''; and (C) in section 303 (21 U.S.C. 333), as amended by subsections (a) and (b)(3), by adding at the end the following: ``(j) A person who violates section 301(ii) by failing to complete a postmarketing study for a drug by the deadline established by the Secretary for such study under section 505(p) shall be fined not more than $5,000,000. Each 30-day period during which such violation continues shall constitute a separate offense.''. (2) Application.--The amendments made by this subsection apply only with respect to a drug for which an application is filed under subsection (b) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 33) on or after the date of the enactment of this Act. (d) Prohibition Against Indemnification.--No person shall indemnify the chief executive officer of a drug manufacturer or any other individual for any fine incurred under the amendments made by this Act.

Pharmaceutical Research and Manufacturers Accountability Act of 2005 or the PhRMA Act of 2005 - Sets forth penalties for violations of acts prohibited under the Federal Food, Drug, and Cosmetic Act by an individual employed as the chief executive officer or as a member of the senior executive management group of the manufacturer of a drug, where the violation involves knowing concealment of evidence of a serious adverse drug experience. Requires the Secretary of Health and Human Services to require the chief executive officer of the manufacturer of a Food and Drug Administration (FDA)-approved drug to annually: (1) attest that the manufacturer has disclosed to the Secretary all evidence of any serious adverse drug experience related to the drug; and (2) describe the process by which the manufacturer ensures that such disclosure has occurred. Allows the Secretary to withdraw an approval for such a drug for failure to provide such an attestation. Prohibits a chief executive officer of a manufacturer of such a drug from failing to provide such an attestation. Requires the Secretary to direct a manufacturer or sponsor of a drug to complete any required postmarketing study of that drug by a specified deadline. Allows the Secretary to extend such a deadline. Sets forth penalties for failing to meet such a deadline.

SECTION 1. FINDINGS. The Congress finds that-- (1) Ukraine allows its citizens the right and opportunity to emigrate, free of any heavy tax on emigration or on the visas or other documents required for emigration and free of any tax, levy, fine, fee, or other charge on any citizens as a consequence of the desire of such citizens to emigrate to the country of their choice; (2) Ukraine has been found to be in full compliance with the freedom of emigration requirements under title IV of the Trade Act of 1974 since 1997; (3) since reestablishing independence in 1991, Ukraine has taken important steps toward the creation of democratic institutions and a free-market economy and, as a member state of the Organization for Security and Cooperation in Europe (OSCE), is committed to developing a system of governance in accordance with the principles regarding human rights and humanitarian affairs that are set forth in the Final Act of the Conference on Security and Cooperation in Europe (also known as the ``Helsinki Final Act''); (4) Ukraine has shown progress towards meeting international commitments and standards in its most recent Parliamentary elections, recognizing that significant problems remain, including shortcomings in the implementation of Ukraine's election laws, illegal interference by public authorities in the electoral process, and intimidation against opposition contestants, activists, and voters. (5) Ukraine is committed to addressing issues relating to its national and religious minorities as a member state of the OSCE and to adopting measures to ensure that persons belonging to national minorities have full equality both individually and communally; (6) Ukraine has enacted legislation providing protection against incitement to violence against persons or groups based on national, racial, ethnic, or religious discrimination, hostility, or hatred, including anti-Semitism, and has committed itself, including through a letter to the President of the United States, to ensuring freedom of religion and preventing racial and ethnic intolerance and hatred; (7) Ukraine has engaged in efforts to combat ethnic and religious intolerance by cooperating with various United States nongovernmental organizations; (8) Ukraine is continuing the restitution of religious properties, including religious and communal properties confiscated from national and religious minorities during the Soviet era, is facilitating the revival of those minority groups, and is in the process of developing a legislative framework for completing this process, as was confirmed in a letter to the President of the United States; (9) Ukraine has received normal trade relations treatment since concluding a bilateral trade agreement with the United States that entered into force on June 23, 1992; (10) Ukraine is making progress toward accession to the World Trade Organization, recognizing that many central issues remain to be resolved, including commitments relating to protection of intellectual property rights, tariff and excise tax reductions for goods (including automobiles), trade in services, agricultural subsidy levels, elimination of export incentives for industrial goods, reform of customs procedures and technical, sanitary, and phytosanitary measures, and inclusion of trade remedy provisions; (11) Ukraine has enacted some protections reflecting internationally recognized labor rights, but serious gaps remain both in the country's legal regime and its enforcement record, with areas of particular concern including restrictions on independent unions, interference in collective bargaining of independent unions, and unsafe conditions at work; (12) Ukraine has established exemplary relations with all neighboring countries, and pursues a course of European integration with a commitment to ensuring democracy and prosperity for its citizens; and (13) Ukraine has participated with the United States in its peacekeeping operations in Europe and has provided important cooperation in the global struggle against international terrorism. SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974 TO UKRAINE. (a) Presidential Determinations and Extensions of Nondiscriminatory Treatment.--Notwithstanding any provision of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the President may-- (1) determine that such title should no longer apply to Ukraine; and (2) after making a determination under paragraph (1) with respect to Ukraine, proclaim the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of that country. (b) Termination of Application of Title IV.--On and after the effective date of the extension under subsection (a)(2) of nondiscriminatory treatment to the products of Ukraine-- (1) title IV of the Trade Act of 1974, except for section 406, shall cease to apply to that country; and (2) section 406 of the Trade Act of 1974 shall apply to Ukraine to the same extent as such section applies to a Communist country. SEC. 3. POLICY OF THE UNITED STATES. It is the policy of the United States that the United States remain fully committed to a multifaceted engagement with Ukraine, including by-- (1) urging Ukraine to continue its current policy-- (A) of providing for the free emigration of its citizens; (B) of safeguarding religious liberty throughout Ukraine; (C) of enforcing existing Ukrainian laws at the national and local levels to combat ethnic, religious, and racial discrimination and violence; and (D) of expanding the restitution of religious and communal properties, including establishing a legal framework for the completion of such restitution in the future; (2) working with Ukraine, including through the Secretary of Labor and other appropriate executive branch officials, to address the areas described in section 1(11) and ensuring that progress is made in such areas as part of Ukraine's eligibility for the Generalized System of Preferences under title V of the Trade Act of 1974, as required by title V of that Act; (3) ensuring that Ukraine's terms of accession to the World Trade Organization provide meaningful market access opportunities for United States businesses, farmers, and workers, and promote adoption of market principles and policies by Ukraine; (4) ensuring that Ukraine makes substantial and meaningful progress in enacting and enforcing the protection of intellectual property before Ukraine joins the World Trade Organization, and considering such progress as part of Ukraine's eligibility for the Generalized System of Preferences under title V of the Trade Act of 1974, as required by title V of that Act; and (5) continuing rigorous monitoring by the United States of human rights issues in Ukraine, including the issues described in paragraphs (1) and (2), providing assistance to nongovernmental organizations and human rights groups involved in human rights activities in Ukraine, and attempting to establish annual discussions with Ukraine regarding those issues, including the participation of United States and Ukrainian nongovernmental organizations in such discussions. SEC. 4. REPORTING REQUIREMENT. The reports required by sections 102(b) and 203 of the International Religious Freedom Act of 1998 (22 U.S.C. 6412(b) and 6433) shall include an assessment of the status of the issues described in section 3(1).

Authorizes the President to extend nondiscriminatory treatment (normal trade relations treatment) to the products of the Ukraine.Declares that it is the policy of the United States to remain fully committed to a multifaceted engagement with the Ukraine, including by: (1) urging the Ukraine to continue its policy of providing for the free emigration of its citizens and recognizing human rights; and (2) ensuring that Ukraine's terms of accession to the World Trade Organization provide meaningful market access opportunities for U.S. businesses, farmers, and workers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Buffalo Bayou National Heritage Area Study Act''. SEC. 2. NATIONAL PARK SERVICE STUDY REGARDING BUFFALO BAYOU, TEXAS. (a) Findings.--The Congress finds the following: (1) The area beginning at Shepherd Drive in west Houston, Texas, and extending to the Turning Basin, commonly referred to as the ``Buffalo Bayou'', made a unique contribution to the cultural, political, and industrial development of the United States. (2) The Buffalo Bayou is distinctive as the first spine of modern industrial development in Texas and one of the first along the Gulf of Mexico coast. (3) The Buffalo Bayou played a significant role in the struggle for Texas independence. (4) The Buffalo Bayou developed a prosperous and productive shipping industry that survives today. (5) The Buffalo Bayou led in the development of Texas' petrochemical industry that made Houston the center of the early oil boom in America. (6) The Buffalo Bayou developed a sophisticated shipping system, leading to the formation of the modern day Houston Ship Channel. (7) The Buffalo Bayou developed a significant industrial base, and served as the focal point for the new city of Houston. (8) There is a longstanding commitment by the Buffalo Bayou Partnership, Inc., to complete the Buffalo Bayou Trail along the 12-mile segment of the Buffalo Bayou. (9) There is a need for assistance for the preservation and promotion of the significance of the Buffalo Bayou as a system for transportation, industry, commerce, and immigration. (10) The Department of the Interior is responsible for protecting the Nation's cultural and historical resources. There are significant examples of such resources within the Buffalo Bayou region to merit the involvement of the Federal Government in the development of programs and projects, in cooperation with the Buffalo Bayou Partnership, Inc., the State of Texas, and other local and governmental entities, to adequately conserve, protect, and interpret this heritage for future generations, while providing opportunities for education and revitalization. (b) Study.-- (1) In general.--The Secretary shall, in consultation with the State of Texas, the City of Houston, and other appropriate organizations, carry out a study regarding the suitability and feasibility of establishing the Buffalo Bayou National Heritage Area in Houston, Texas. (2) Contents.--The study shall include analysis and documentation regarding whether the Study Area-- (A) has an assemblage of natural, historic, and cultural resources that together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use, and are best managed through partnerships among public and private entities and by combining diverse and sometimes noncontiguous resources and active communities; (B) reflects traditions, customs, beliefs, and folklife that are a valuable part of the national story; (C) provides outstanding opportunities to conserve natural, historic, cultural, or scenic features; (D) provides outstanding recreational and educational opportunities; (E) contains resources important to the identified theme or themes of the Study Area that retain a degree of integrity capable of supporting interpretation; (F) includes residents, business interests, nonprofit organizations, and local and State governments that are involved in the planning, have developed a conceptual financial plan that outlines the roles for all participants, including the Federal Government, and have demonstrated support for the concept of a national heritage area; (G) has a potential management entity to work in partnership with residents, business interests, nonprofit organizations, and local and State governments to develop a national heritage area consistent with continued local and State economic activity; and (H) has a conceptual boundary map that is supported by the public. (c) Boundaries of the Study Area.--The Study Area shall be comprised of sites in Houston, Texas, in an area roughly bounded by Shepherd Drive and extending to the Turning Basin, commonly referred to as the ``Buffalo Bayou''. (d) Submission of Study Results.--Not later than 3 years after funds are first made available for this section, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the results of the study. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Buffalo Bayou National Heritage Area Study Act - Requires the Secretary of the Interior, in consultation with the State of Texas, the City of Houston, and other appropriate organizations, to study the suitability and feasibility of establishing the Buffalo Bayou National Heritage Area in west Houston, Texas.Sets forth the requirements for such study, including analysis and documentation regarding whether the Study Area: (1) has resources that represent distinctive aspects of American heritage best managed though public/private partnerships; (2) has traditions and folklife reflective of valuable parts of the national story; (3) provides conservation, recreational, and educational opportunities; (4) contains resources supporting interpretation; (5) has a developed financial plan and a potential management entity; and (6) has a conceptual boundary supported by the public.Sets forth the boundaries of the Area. Requires the Secretary to report to the appropriate congressional committees within three years of receiving funding for this study,.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Traveling Exotic Animal and Public Safety Protection Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) conditions inherent to traveling performances, including constant travel, temporary and collapsible facilities, and the prolonged confinement and physical coercion of animals, subject exotic and wild animals to compromised welfare and chronic stress, and present public and worker health and safety risks not adequately addressed by current regulation; (2) current regulatory oversight of traveling performances is complex and costly, and these costs are not typically recouped via licensing fees, but are left to the American taxpayer; (3) the frequent mobility of traveling performances complicates oversight such that agencies and authorities cannot properly monitor, evaluate, or follow through regarding the condition of animals or facilities, or their history of potential injuries, incidents, illnesses, violations, or other issues, and so cannot properly protect animals, workers, or the public; (4) traveling exotic and wild animal performances use collapsible, temporary, mobile facilities, which risk escape and serious harm to animals, workers, and the public; (5) traveling exotic and wild animal performances present safety risks by permitting or not preventing public contact and by displaying animals in inappropriate, uncontrolled areas in dangerous proximity to humans and other animals; (6) exotic and wild animals have intrinsic value; their wild instincts and needs are unpredictable and are not naturally suited to traveling performances, and they suffer as a result of being unable to fulfill instinctive natural behaviors; (7) exotic and wild animals used in traveling performances suffer severe and extended confinement, and, deprived of natural movements and behaviors, are prone to chronic stress, behavioral, health, and psychological problems; (8) exotic and wild animals are forced to perform unnatural tricks requiring extreme physical coercion, including, but not limited to the use of food and water restrictions, electric shock devices, bullhooks, metal bars, whips, shovels, and pitchforks, among other abuses; (9) it is not necessary to use exotic or wild animals in traveling performances to experience the circus or similar events; (10) using exotic or wild animals as commodities traded for traveling performances adds nothing to the understanding and conservation of such animals and the natural environment, and actually undermines conservation efforts necessary to protect threatened and endangered species; (11) it is not possible to provide or ensure public and worker safety or appropriate physical and mental welfare for exotic and wild animals under the traveling performance business model, which inherently and significantly restricts animals' natural movements and behaviors, and where abuse is prevalent and oversight problematic; (12) the use of exotic or wild animals in traveling performances is or substantially affects interstate or foreign commerce, or the free flow thereof; it is essential to regulate such activities to assure animals' humane care and treatment; and (13) restricting the use of exotic and wild animals in traveling performances is the most cost-effective and efficient way to safeguard animals, workers, and the public. SEC. 3. USE OF EXOTIC OR WILD ANIMALS IN TRAVELING PERFORMANCES. Section 13 of the Animal Welfare Act (7 U.S.C. 2143) is amended by adding at the end the following: ``(i)(1) No person shall cause a performance of, or allow for the participation of, an exotic animal or wild animal in a traveling animal act. ``(2) Paragraph (1) shall not apply to the use of an exotic animal or wild animal-- ``(A) in an exhibition at a nonmobile, permanent institution, facility, zoo, or aquarium accredited by the Association of Zoos & Aquariums or the Global Federation of Animal Sanctuaries, or a wildlife sanctuary; ``(B) as part of an environmental education program by a facility accredited by the Association of Zoos & Aquariums, if the animal used for such purposes is not so used for more than 6 months in any year and is not kept in a mobile or traveling housing facility for more than 12 hours in any day; ``(C) by a university, college, laboratory, or other research facility registered with the Secretary pursuant to section 6 for the purpose of conducting research; ``(D) in film, television, or advertising, if such use does not involve a live animal exhibition conducted before a public studio audience; or ``(E) in a rodeo. ``(3) Paragraph (1) shall not apply to domestic animals or farm animals. ``(4) For the purposes of this subsection: ``(A) Cause a performance.--The term `cause a performance' means to be responsible for a performance, to financially benefit as an owner or operator from a performance, or to sponsor a performance. ``(B) Domestic animal.--The term `domestic animal' means any animal that is normally maintained as a companion or pet animal in or near the household of the owner or person who cares for the animal, such as a domestic dog (including a service dog), domestic cat, ferret, gerbil, horse, mouse, rat, guinea pig, rabbit, or hamster, but does not include any exotic animal or wild animal. ``(C) Environmental education program.--The term `environmental education program' means an animal exhibition that is professionally designed to impart knowledge or information for educational or conservation purposes about that animal's natural behavior, habitat, life cycle, or similar pedagogical information, conducted by an individual qualified to impart such information, which does not include any performance of behavior that does not naturally occur for that animal in the wild state. ``(D) Exotic animal.--The term `exotic animal' means any animal that is not a domestic animal or farm animal, that is native to a foreign country or of foreign origin or character, is not native to the United States, or was introduced from abroad, whether wild-born or captive-bred, and any hybrid of such an animal, including hybrid crosses with a domestic animal or farm animal, including but not limited to animals such as-- ``(i) cetartiodactyla (excepting alpacas, bison, cattle, deer, elk, goats, llamas, reindeer, swine, and sheep); ``(ii) felidae (excepting domestic cats); ``(iii) marsupialia; ``(iv) nonhuman primates; ``(v) perissodactyla (excepting horses, donkeys, and mules); ``(vi) pinnipedia; ``(vii) proboscidea; ``(viii) ratites (excepting ostriches, emus, and rheas); and ``(ix) ursidae. ``(E) Farm animal.--The term `farm animal' means any domestic species of alpacas, cattle, sheep, swine, goats, llamas, poultry, or horses, which are normally and have historically, been kept and raised on farms in the United States, and used or intended for use as food or fiber, or for improving animal nutrition, breeding, management, or production efficiency, or for improving the quality of food or fiber. This term also includes animals such as rabbits, mink, and chinchilla, when they are used solely for purposes of meat or fur, and animals such as horses and llamas when used solely as work and pack animals. The term does not include exotic animals or wild animals. ``(F) Mobile or traveling housing facility.--The term `mobile or traveling housing facility' means a transporting vehicle such as a truck, car, trailer, airplane, ship, or railway car, used to transport or house animals while traveling to, from, or between locations for performance purposes. ``(G) Performance.--The term `performance' means any animal act, circus, ride, carnival, parade, race, performance, or similar undertaking in which animals are required to perform tricks, give rides, or participate as accompaniments for the entertainment, amusement, or benefit of an audience. ``(H) Traveling animal act.--The term `traveling animal act' means any performance of animals where such animals are transported to, from, or between locations for the purpose of such performance, in a mobile or traveling housing facility. ``(I) Wild animal.--The term `wild animal' means any animal that is not a domestic animal or farm animal, which is now or has historically been found in the wild or in the wild state, within the boundaries of the United States, its territories, or possessions, whether wild-born or captive-bred, and any hybrid of such an animal, including hybrid crosses with a domestic animal or farm animal, including but not limited to animals such as-- ``(i) cetartiodactyla (excepting alpacas, bison, cattle, deer, elk, goats, llamas, reindeer, swine, and sheep); ``(ii) felidae (excepting domestic cats); ``(iii) marsupialia; ``(iv) perissodactyla (excepting horses, donkeys, and mules); ``(v) pinnipedia; ``(vi) ratites (excepting ostriches, emus, and rheas); and ``(vii) ursidae. ``(J) Wildlife sanctuary.--The term `wildlife sanctuary' means an organization described in sections 170(b)(1)(A)(vi) and 501(c)(3) of the Internal Revenue Code 1986 that does not-- ``(i) engage in commercial trade in any exotic or wild animal, including the sale of any animal, animal part or derivative, offspring, photographic opportunities, or public events for financial profit or any other entertainment purpose; ``(ii) breed any exotic or wild animal; ``(iii) permit unescorted public visitation; ``(iv) permit direct contact between the public and any exotic or wild animal; or ``(v) remove any exotic or wild animal from a sanctuary or enclosure for exhibition or performance. ``(5) A person who fails to comply with this subsection shall be subject to the enforcement and penalties provided for under sections 16, 19, and 29.''. SEC. 4. RELATIONSHIP WITH OTHER LAW. (a) This Act shall not be interpreted to-- (1) authorize the interstate transport of a threatened or endangered species, which is prohibited under the Endangered Species Act (16 U.S.C. 1538); or (2) waive any requirement to comply with any regulation issued under the Animal Welfare Act. (b) The provisions of this Act shall be interpreted to be are in addition to, and not in lieu of, any other laws protecting animal welfare. (c) This Act shall not be construed to limit any other Federal, State, or local law or rule that more strictly protects the welfare of animals. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date that is 1 year after the date of the enactment of this Act.

Traveling Exotic Animal and Public Safety Protection Act This bill amends the Animal Welfare Act to establish a prohibition on the use of exotic or wild animals in performances (e.g., circus, ride, carnival, or parade) of a traveling animal act. The prohibition does not apply to the use of animals in: (1) zoos; (2) aquariums; (3) research facilities; (4) film, television, or advertising, if the performance is not before a public studio audience; or (5) rodeos. The prohibition also does not apply to domestic animals or farm animals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Health Refinement Amendments of 2000''. SEC. 2. ELIMINATION OF 15 PERCENT REDUCTION IN PAYMENT RATES UNDER THE MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR HOME HEALTH SERVICES. (a) In General.--Section 1895(b)(3)(A) of the Social Security Act (42 U.S.C. 1395fff(b)(3)(A)), as amended by sections 302(b) and 303(f) of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 (113 Stat. 1501A-359, 361), as enacted into law by section 1000(a)(6) of Public Law 106-113, is amended to read as follows: ``(A) Initial basis.--Under such system the Secretary shall provide for computation of a standard prospective payment amount (or amounts). Such amount (or amounts) shall initially be based on the most current audited cost report data available to the Secretary and shall be computed in a manner so that the total amounts payable under the system for the 12-month period beginning on the date the Secretary implements the system shall be equal to the total amount that would have been made if the system had not been in effect and if section 1861(v)(1)(L)(ix) had not been enacted. Each such amount shall be standardized in a manner that eliminates the effect of variations in relative case mix and area wage adjustments among different home health agencies in a budget neutral manner consistent with the case mix and wage level adjustments provided under paragraph (4)(A). Under the system, the Secretary may recognize regional differences or differences based upon whether or not the services or agency are in an urbanized area.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the enactment of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 (Public Law 106-113). SEC. 3. ADDITIONAL PAYMENTS FOR OUTLIERS. (a) In General.--Section 1895(b)(5) of the Social Security Act (42 U.S.C. 1395fff(b)(5)) is amended-- (1) by striking ``Outliers.--The Secretary'' and inserting the following (and conforming the indentation of the succeeding matter accordingly): ``Outliers.-- ``(A) In general.--The Secretary''; and (2) by adding at the end the following new subparagraph: ``(B) Temporary additional payments for outliers.-- For the purposes described in the first sentence of subparagraph (A), there are authorized to be appropriated from the trust funds (as defined in section 1896(a)(8)) in appropriate part, as determined by the Secretary, for each of fiscal years 2001 through 2005 an amount equal to $500,000,000. Such amounts shall be in addition to amounts available for payment under this section and shall not result in an reduction of the standard prospective payment amount (or amounts). In making payments under this subparagraph, the Secretary shall use a loss-sharing ratio of 90 percent.''. (b) Conforming Amendment.--Section 1895(b)(3)(C) of such Act (42 U.S.C. 1395fff(b)(3)(C)) is amended by striking ``paragraph (5)'' and inserting ``paragraph (5)(A)''. SEC. 4. ADDITIONAL PAYMENTS UNDER THE PROSPECTIVE PAYMENT SYSTEM FOR SERVICES FURNISHED IN RURAL AREAS AND SECURITY SERVICES. (a) Increase in Payment Rates for Rural Agencies.--Section 1895(b) of the Social Security Act (42 U.S.C. 1395fff(b)) is amended by adding at the end the following new paragraph: ``(7) Additional payment amount for services furnished in rural areas.--In the case of home health services furnished in a rural area (as defined in section 1886(d)(2)(D)), notwithstanding any other provision of this subsection, the amount of payment for such services is equal to 110 percent of the payment amount otherwise made under this section (but for this paragraph) for services furnished in a rural area.''. (b) Additional Payment for Security Services.--Section 1895(b) of such Act (42 U.S.C. 1395fff(b)(3)), as amended by subsection (a), is further amended by adding at the end the following paragraph: ``(8) Additional payment for security services.--The Secretary shall provide for an addition or adjustment to the payment amount otherwise made under this section for the reasonable cost (as defined in section 1861(v)(1)(A)) of furnishing protective services to individuals furnishing home health services under this title in areas where such individuals are at risk of physical harm, as determined by the Secretary.''. (c) Inapplicability of Adjustments for Budget Neutrality.--Section 1895(b)(3) of such Act (42 U.S.C. 1395fff(b)(3)) is amended by adding at the end the following new subparagraph: ``(D) No adjustment for additional payments for rural services and security services.--The Secretary shall not reduce the standard prospective payment amount (or amounts) under this paragraph applicable to home health services furnished during a period to offset the increase in payments resulting from the application of paragraph (7) (relating to services furnished in rural areas) and paragraph (8) (relating to costs of security services).''. (d) Effective Date.--The amendments made by this section apply with respect to items and services furnished on or after October 1, 2000. SEC. 5. EXCLUSION OF NONROUTINE MEDICAL SUPPLIES UNDER THE PPS FOR HOME HEALTH SERVICES. (a) In General.--Section 1895 of the Social Security Act (42 U.S.C. 1395fff) is amended by adding at the end the following new subsection: ``(e) Exclusion of Nonroutine Medical Supplies.-- ``(1) In general.--Notwithstanding the preceding provisions of this section, in the case of all nonroutine medical supplies (as defined by the Secretary) furnished by a home health agency during a year (beginning with 2001) for which payment is otherwise made on the basis of the prospective payment amount under this section, payment under this section shall instead be based on the lesser of-- ``(A) the actual charge for the nonroutine medical supply, or ``(B) the amount determined for such supply under the applicable fee schedule under part B. ``(2) Budget neutrality adjustment.--The Secretary shall provide for an appropriate proportional reduction in payments under this section so that beginning with fiscal year 2001, the aggregate amount of such reductions is equal to the aggregate increase in payments (as estimated by the Secretary) attributable to the exclusion effected under paragraph (1).''. (b) Conforming Amendments.--(1) Section 1895(b)(1) of the Social Security Act (42 U.S.C. 1395fff(b)(1)) is amended by striking ``The Secretary'' and inserting ``Subject to subsection (e), the Secretary''. (2) Sections 1842(b)(6)(F) and 1862(a)(21) of the Social Security Act (42 U.S.C. 1395u(b)(6)(F); 1395y(a)(21)) are each amended by striking ``(including medical supplies described in section 1861(m)(5), but excluding durable medical equipment to the extent provided for in such section)'' and inserting ``(other than medical supplies and durable medical equipment described in section 1861(m)(5))''. (c) Effective Date.--The amendments made by this section apply with respect to items and services furnished on or after October 1, 2000. SEC. 6. RULE OF CONSTRUCTION RELATING TO TELEHOMEHEALTH SERVICES. (a) In General.--Section 1895(b) of such Act (42 U.S.C. 1395fff(b)(3)), as amended by section 3, is further amended by adding at the end the following paragraph: ``(9) Rule of construction relating to telehomehealth services.-- ``(A) In general.--Nothing in this section, or in section 4206(a) of the Balanced Budget Act of 1997 (42 U.S.C. 1395l note), shall be construed as preventing a home health agency receiving payment under this section from furnishing a home health service via a telecommunications system. Each home health agency that submits a cost report to the Secretary under this section shall include, in such cost report, data with respect to the costs incurred in furnishing home health services to medicare beneficiaries via such telecommunications systems. ``(B) Limitation.--The Secretary shall not consider a home health service provided in the manner described in subparagraph (A) to be a home health visit for purposes of-- ``(i) determining the amount of payment to be made under this section; or ``(ii) any requirement relating to the certification of a physician required under section 1814(a)(2)(C).''. (b) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report containing the recommendations of the Secretary with respect to the feasibility and advisability of including home health services furnished by telecommunications systems as a home health service for purposes of-- (1) payment for such services under section 1895 of the Social Security Act (42 U.S.C. 1395fff), and (2) requirements with respect to physician certification of the need for home health services under section 1814(a)(2)(C) of such Act (42 U.S.C. 1395f(a)(2)(C)).

Directs the Secretary of Health and Human Services to report to Congress on the feasibility and advisability of including home health services furnished by telecommunications systems as a home health service.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Sanctions Against Iranian Terrorism Act''. SEC. 2. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO RESTRICT INVESTMENT ACTIVITIES IN IRAN. (a) Additional Authority.--Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8532) is amended as follows: (1) Subsection (a) is amended-- (A) by striking ``should support'' and inserting ``should not interfere with''; and (B) by striking ``in the energy sector of Iran'' and all that follows through ``United States'' and inserting ``in the business sector in Iran, or prohibits or limits any person from engaging in investment activities in the business sector of Iran, until such time as all Federal laws that either expressly authorize or require the imposition of sanctions by the Federal Government on Iran are rescinded by an Act or Acts of Congress''. (2) Subsection (b) is amended-- (A) by amending the subsection heading to read as follows: ``(b) Authority To Restrict Investment in Iran.--''; (B) by striking ``may adopt and enforce measures that meet'' and inserting ``may-- ``(1) adopt and enforce measures-- ``(A) that meet''; (C) by moving the remaining text of subsection (b) 4 ems to the right; (D) by striking ``subsection (c).'' and inserting ``subsection (c); or''; and (E) by adding at the end the following: ``(B) to prohibit or limit any person from engaging in investment activities in Iran described in subsection (c); and ``(2) enter into interstate compacts regarding measures described in paragraph (1). Enforcement of measures under this subsection may include the imposition of disclosure and other transparency requirements to carry out paragraph (1).''. (3) Subsection (c) is amended-- (A) in paragraph (1)-- (i) by striking ``$20,000,000 or more in the energy sector'' and inserting ``$10,000,000 or more-- ``(A) in the energy sector''; (ii) by moving the remaining text of paragraph (1) 2 ems to the right; and (iii) by adding at the end the following: ``(B) in any other business enterprise in Iran, including an entity that is owned or controlled by the Government of Iran; or''; and (B) in paragraph (2)-- (i) by striking ``$20,000,000'' and inserting ``$10,000,000''; and (ii) by adding after ``energy sector of Iran'' the following: ``or otherwise in a business enterprise in Iran, including an entity that is owned or controlled by the Government of Iran''. (4) Subsection (f) is amended to read as follows: ``(f) Nonpreemption; No Conflict With U.S. Foreign and International Commerce Policy.--A measure of a State or local government authorized under subsection (b), (i), or (j)-- ``(1) is authorized and not preempted by any Federal law or regulation, or any policy, agreement, or exercise of waiver authority of the executive branch; and ``(2) is consistent with United States Federal policy, including United States foreign policy.''. (5) Subsection (g) is amended by adding at the end the following: ``(3) Own or control.--The term `own or control' means, with respect to an entity-- ``(A) to hold more than 20 percent of the equity interest by vote or value in the entity; ``(B) to hold a majority of seats on the board of directors of the entity; or ``(C) to otherwise control the actions, policies, or personnel decisions of the entity.''. (6) Subsection (h) is amended-- (A) in paragraph (1), by striking ``or subsection (i)'' and inserting ``and subsections (i) and (j)''; and (B) in paragraph (2), by striking ``subsection (i)'' and inserting ``subsections (i) and (j)''. (7) Subsection (i) is amended by adding at the end the following: ``(3) Applicability of prior provisions.--Paragraphs (1) and (2) apply with respect to this section as in effect on the day before the effective date of the State Sanctions Against Iranian Terrorism Act.''. (8) Section 202 is further amended-- (A) by redesignating subsection (j) as subsection (k); and (B) by inserting after subsection (i) the following: ``(j) Applicability of Amendments.-- ``(1) In general.--Notwithstanding any other provision of this section or any other provision of law, a State or local government may enforce a measure (without regard to the requirements of subsection (d), except as provided in paragraph (2)) adopted by the State or local government before the date of the enactment of the State Sanctions Against Iranian Terrorism Act (other than a measure covered by subsection (i)) that-- ``(A) provides for the divestment of assets of the State or local government from, or prohibits the investment of the assets of the State or local government in, any person that the State or local government determines, using credible information available to the public, engages in investment activities in Iran (determined without regard to subsection (c)) or other business activities in Iran that are identified in the measure; or ``(B) prohibits or limits any person from engaging in investment activities in Iran described in subsection (c). ``(2) Application of notice requirements.--A measure described in paragraph (1) shall be subject to the requirements of paragraphs (1) and (2) and the first sentence of paragraph (3) of subsection (d) on and after the date that is 2 years after the date of the enactment of the State Sanctions Against Iranian Terrorism Act.''. (b) Exemption From Sunset.--Section 401(a) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 855(a)) is amended, in the matter preceding paragraph (1), by striking ``sections 105 and 305'' and inserting ``sections 105, 202, and 305''. (c) Conforming Amendments.-- (1) The heading for title II of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8531 et seq.) is amended to read as follows: ``TITLE II--RESTRICTIONS BY STATE AND LOCAL GOVERNMENTS ON INVESTMENT ACTIVITIES IN IRAN''. (2) The heading for section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8532) is amended to read as follows: ``SEC. 202. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO RESTRICT INVESTMENT ACTIVITIES IN IRAN.''. (3) The table of contents of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.) is amended-- (A) by amending the item relating to title II to read as follows: ``TITLE II--RESTRICTIONS BY STATE AND LOCAL GOVERNMENTS ON INVESTMENT IN IRAN''; and (B) by amending the item relating to section 202 to read as follows: ``Sec. 202. Authority of State and local governments to restrict investment activities in Iran.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply to measures adopted by a State or local government on or after the date of the enactment of this Act, except as provided in section 202(j) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, as amended by this Act.

State Sanctions Against Iranian Terrorism Act This bill amends the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 to specify that a state may, in addition to limiting investment in Iran's energy sector, prohibit or limit any person from engaging in specified investment activities in Iran. A state may also enter into interstate compacts to prohibit or limit such financial activities. Enforcement of such measures may include the imposition of disclosure and transparency requirements. The description of "investment activities" is revised to: (1) reduce the threshold for financial involvement from $20 million to $10 million; and (2) include, in addition to the energy sector, involvement in a business enterprise in Iran, including an entity owned or controlled by the Iranian government. The bill declares that a state or local government measure authorized pursuant to the Act is: (1) authorized and not preempted by any federal law or regulation, or any policy, agreement, or exercise of waiver authority of the executive branch; and (2) is consistent with U.S. federal policy, including U.S. foreign policy. A state or local government may enforce a measure adopted before the enactment of this Act that: (1) provides for the divestment of state or local assets from, or prohibits the investment of those assets in, any person that engages in investment activities in Iran or other business activities in Iran identified in the measure; or (2) prohibits or limits any person from engaging in investment activities in Iran.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Streamline Vehicle Conversions Act''. SEC. 2. EMISSION CERTIFICATION REQUIREMENTS FOR AFTERMARKET CONVERSION SYSTEMS. Part A of title II of the Clean Air Act (42 U.S.C. 7521 et seq.) is amended by adding at the end the following: ``SEC. 220. EMISSION CERTIFICATION REQUIREMENTS FOR AFTERMARKET CONVERSION SYSTEMS. ``(a) Definitions.--In this section: ``(1) Aftermarket conversion system.--The term `aftermarket conversion system' has the meaning given the term in section 85.502 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this section). ``(2) Aftermarket conversion test group.--The term `aftermarket conversion test group' means a group of vehicles or engines identified pursuant to subsection (b)(4) for the purpose of testing aftermarket conversion systems. ``(b) Certificates of Conformity.-- ``(1) In general.--In the case of an aftermarket conversion system, the certificate of conformity issued by the Administrator for 1 or more aftermarket conversion test groups-- ``(A) shall not expire; and ``(B) shall continue to apply in subsequent calendar years. ``(2) Subsequent recertification.--No recertification of an aftermarket conversion system shall be required with respect to the aftermarket conversion test group covered by the certificate. ``(3) Name changes.--The names of test groups covered by a certificate of conformity described in paragraph (1) shall not change from year to year. ``(4) Identification of multiple vehicle makes, models, manufacturers, and standards.--For purposes of aftermarket conversion, the Administrator shall-- ``(A) establish criteria for use in identifying similar vehicle makes, models, original equipment manufacturers, emission standards, and different model years that may be used under a single aftermarket conversion test group; and ``(B) accept the aftermarket conversion test group established under subparagraph (A) on an aftermarket conversion system manufacturer application for a certificate of conformity. ``(c) Carryover Certification for Additional Model Years.--At the request of an aftermarket conversion system manufacturer, the Administrator shall allow the submission of previous vehicle emission test data and on-board diagnostic II system test data for the certification of additional model year vehicles if the aftermarket conversion system manufacturer is able to demonstrate that neither the aftermarket conversion system nor the design and specifications of the applicable vehicle model are substantially different, from those identified in the original certificate of conformity, in a way that could affect the compliance of the aftermarket conversion system. ``(d) Carry-Across Certification.--The Administrator shall promulgate regulations to allow an aftermarket conversion system manufacturer to use emission test data and on-board diagnostic II system test data generated for a single certified test group to serve as the basis for certifying additional test groups upon a showing that the additional test groups are sufficiently similar, even if produced by different original equipment manufacturers. ``(e) Use of Assigned Deterioration Factors.--A manufacturer of aftermarket conversion systems may use deterioration factors assigned by the Environmental Protection Agency without regard to any sales limits imposed on small-volume manufacturers. ``(f) Waiver of Certain Testing Requirements.--In certifying an aftermarket conversion system, the Administrator shall waive any emission testing and nonexhaust emission testing requirements pertaining to the fuel on which the vehicle or engine was originally certified to run, if the aftermarket conversion system manufacturer is able to demonstrate that waiving the testing requirements is appropriate. ``(g) On-Board Diagnostic Requirements.--The Administrator shall promulgate regulations applicable to on-board diagnostic systems for aftermarket conversion systems that-- ``(1) ensure that aftermarket conversion systems which are equipped with on-board diagnostic systems are effective at monitoring critical emission components; ``(2) take into account the inability of an aftermarket conversion system manufacturer to access proprietary on-board diagnostic technology of an original equipment manufacturer; and ``(3) are sufficiently flexible to encourage the increased use of alternative fueled vehicles. ``(h) Older Vehicles.-- ``(1) In general.--Conversion of a vehicle outside of the useful life of the vehicle, as specified on the certificate of conformity of the original equipment manufacturer, to alternative fuel operation shall not-- ``(A) be considered to be tampering under section 203, if the aftermarket conversion system manufacturer or the person performing the conversion is able to demonstrate that the development and engineering sophistication of the conversion technology is-- ``(i) matched to an appropriate vehicle or group of vehicles; and ``(ii) well-designed and installed in accordance with good engineering judgment so that the installation of the aftermarket conversion system does not degrade emission performance, as compared to the performance of the vehicle or vehicles before the conversion; or ``(B) require the issuance by the Administrator of any certificate of conformity. ``(2) Label.--Upon conversion of a vehicle described in paragraph (1), the person performing the conversion shall affix to the motor vehicle a label that includes a statement that-- ``(A) the vehicle has been equipped with an aftermarket conversion system; and ``(B) the installation of that system occurred outside of the useful life of the vehicle. ``(3) No preclusion of orders.--Nothing in this section precludes the Administrator from issuing an order to prohibit the manufacture, sale, distribution, or installation of an aftermarket conversion system if the Administrator has evidence that the installation of the aftermarket conversion system on a vehicle outside of the useful life of the vehicle degrades emission performance.''.

Streamline Vehicle Conversions Act - Amends the Clean Air Act to provide that a certificate of conformity issued by the Administrator of the Environmental Protection Agency (EPA) for one or more aftermarket conversion test groups with respect to an aftermarket conversion system (i.e., hardware installed on a light-duty or heavy-duty vehicle, light-duty truck, or heavy-duty engine that allows the vehicle or engine to operate on a fuel other than that which it was originally certified to use) shall not expire, shall continue to apply in subsequent calendar years, and shall not require recertification. Requires the Administrator to: (1) establish criteria for use in identifying similar vehicle makes, models, original equipment manufacturers, emission standards, and different model years that may be used under a single test group; (2) accept such an established test group on an aftermarket conversion system manufacturer application for a certificate of conformity; and (3) allow the submission of previous vehicle emission test data for the certification of additional model year vehicles if the aftermarket conversion system manufacturer is able to demonstrate that neither the aftermarket conversion system nor the design and specifications of the applicable vehicle model are substantially different. Directs the Administrator to promulgate regulations regarding on-board diagnostic systems for aftermarket conversion systems that: (1) ensure that such conversion systems that are equipped with on-board diagnostic systems are effective at monitoring critical emission components; (2) take into account the inability of an aftermarket conversion system manufacturer to access proprietary on-board diagnostic technology of an original equipment manufacturer; and (3) are sufficiently flexible to encourage the increased use of alternative fueled vehicles. Sets forth provisions regarding the conversion of a vehicle outside of its useful life cycle.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Native Veterans Land Allotment Equity Act''. SEC. 2. AMENDMENT TO ALLOW CERTAIN ALASKA NATIVE VETERAN LAND ALLOTMENTS. Section 41 of the Alaska Native Claims Settlement Act (43 U.S.C. 1629g) is amended as follows: (1) Paragraphs (1) and (2) of subsection (a) are amended to read as follows: ``(1) The period for filing allotments under this Act shall end 3 years after the Secretary issues final regulations under section 3 of the Alaska Native Veterans Land Allotment Equity Act. A person described in paragraph (1) or (2) of subsection (b) shall be eligible for an allotment of not more than two parcels of Federal land totaling 160 acres or less. ``(2)(A) Allotments may be selected from the following: ``(i) Vacant lands that are owned by the United States. ``(ii) Lands that have been selected or conveyed to the State of Alaska if the State voluntarily relinquishes or conveys to the United States the land for the allotment. ``(iii) Lands that have been selected or conveyed to a Native Corporation if the Native Corporation voluntarily relinquishes or conveys to the United States the land for the allotment. ``(B) A Native Corporation may select an equal amount of acres of appropriate Federal land within the State of Alaska to replace lands voluntarily relinquished or conveyed by that Native Corporation under subparagraph (A)(iii). ``(C) For security reasons, allotments may not be selected from-- ``(i) lands within the right-of-way granted for the TransAlaska Pipeline; or ``(ii) the inner or outer corridor of that right-of-way withdrawal.''. (2) Subsection (a)(3) is repealed. (3) In subsection (b)(1), strike ``A person'' and insert ``Except as provided in paragraph (3), a person''. (4) Subsection (b)(1)(B) is amended to read as follows: ``(B) is a veteran who served during the period between August 5, 1964, and May 7, 1975, including such dates.''. (5) Subsection (b)(2) is amended to read as follows: ``(2) If an individual who would otherwise have been eligible for an allotment dies before applying for the allotment, an heir on behalf of the estate of the deceased veteran may apply for and receive the allotment.''. (6) In subsection (b)(3), insert before the period the following: ``, except for an heir who applies and receives an allotment on behalf of the estate of a deceased veteran pursuant to paragraph (2)''. (7) Subsection (e) is amended to read as follows: ``(e) Regulations.--All regulations in effect immediately before the enactment of subsection (f) that were promulgated under the authority of this section shall be repealed in accordance with section 552(a)(1)(E) of the Administrative Procedure Act (5 U.S.C. 552(a)(1)(E))''. (8) Add at the end the following new subsections: ``(f) Approval of Allotments.--(1) Subject to valid existing rights, and except as otherwise provided in this subsection, not later than 2 years after the date of the enactment of the Alaska Native Veterans Land Allotment Equity Act, the Secretary shall approve an application for allotments filed in accordance with subsection (a) and issue a certificate of allotment which shall be subject to the same terms, conditions, restrictions, and protections provided for such allotments. ``(2) Upon receipt of an allotment application, but in any event not later than 6 months after receiving such application, the Secretary shall notify any person or entity having an interest in land potentially adverse to the applicant of their right to initiate a private contest or file a protest under existing Federal regulations. ``(3) Not later than 2 years after the date of the enactment of the Alaska Native Veterans Land Allotment Equity Act, the Secretary shall-- ``(A) if no contest or protest is timely filed, approve the application pursuant to paragraph (1); or ``(B) if a contest or protest is timely filed, stay the issuance of the certificate of allotment until the contest or protest has been decided. ``(g) Reselection.--A person who made an allotment selection under this section before the date of the enactment of Alaska Native Veterans Land Allotment Equity Act may withdraw that selection and reselect lands under this section if the lands originally selected were not conveyed to that person before the date of the enactment of Alaska Native Veterans Land Allotment Equity Act.''. SEC. 3. REGULATIONS. Not later than 1 year after the date of the enactment of this Act, the Secretary of the Interior shall issue final regulations to implement the amendments made by this Act.

Alaska Native Veterans Land Allotment Equity Act - Amends provisions of the Alaska Native Claims Settlement Act (ANCSA) that allow certain Alaska Native Vietnam veterans to file for allotments of up to two parcels of federal land totaling up to 160 acres. Eliminates the requirement that limits the allotments to lands that were vacant, unappropriated, and unreserved on the date when the person eligible for the allotment first used and occupied them. Allows allotments to be selected from vacant federal lands or lands that have been selected or conveyed to the state of Alaska or a Native Corporation, if the state or Corporation voluntarily relinquishes or conveys the land to the United States for allotment. Limits the prohibition against conveying allotments to: (1) lands in the right-of-way granted for the TransAlaska Pipeline, or (2) the inner or outer corridor of that right-of-way withdrawal. Limits the eligibility for allotments to veterans who served between August 5, 1964, and May 7, 1975. Allows an heir to apply for and receive the allotment. Allows a Native Corporation to select an equal amount of acres of appropriate federal land in Alaska to replace lands voluntarily relinquished or conveyed to the United States for allotment. Permits any person who made an allotment selection under ANCSA before this Act's enactment to withdraw it and reselect lands if those originally selected were not conveyed to that person before this Act's enactment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Product Risk Reporting Act of 2001''. SEC. 2. REPAIR, REPLACEMENT, OR REFUND. (a) Section 15(d) of the Consumer Product Safety Act (15 U.S.C. 2064(d)) is amended-- (1) by striking ``If'' in the first sentence and inserting ``Subject to the last 2 sentences of this subsection, if''; and (2) by adding at the end the following: ``If the Commission determines (after affording opportunity for an informal hearing) that the action that the manufacturer, distributor, or retailer has elected to take under paragraph (1), (2), or (3) is not in the public interest, the Commission shall order the manufacturer, distributor, or retailer to take whichever other action specified in paragraph (1), (2), or (3) that the Commission determines to be in the public interest. If the Commission determines that both of the remaining actions specified in paragraph (1), (2), or (3) are in the public interest, the Commission shall order the manufacturer, distributor, or retailer to take whichever of those actions the manufacturer, distributor, or retailer elects.''. (b) Section 15(b) of the Federal Hazardous Substances Act (15 U.S.C. 1274(b)) is amended-- (1) by striking ``If'' in the first sentence and inserting ``Subject to the last 2 sentences of this subsection, if''; and (2) by adding at the end the following: ``If the Commission determines (after affording opportunity for an informal hearing) that the action that the manufacturer, distributor, or dealer has elected to take under paragraph (1), (2), or (3) is not in the public interest, the Commission shall order the manufacturer, distributor, or dealer to take whichever other action specified in paragraph (1), (2), or (3) that the Commission determines to be in the public interest. If the Commission determines that both of the remaining actions specified in paragraph (1), (2), or (3) are in the public interest, the Commission shall order the manufacturer, distributor, or dealer to take whichever of those actions the manufacturer, distributor, or dealer elects.'' (c) Section 15(c)(2) of the Federal Hazardous Substances Act (15 U.S.C. 1274(c)(2)) is amended-- (1) by striking ``If'' in the first sentence and inserting ``Subject to the last 2 sentences of this subsection, if''; and (2) by adding at the end the following: ``If the Commission determines (after affording opportunity for an informal hearing) that the action that the manufacturer, distributor, or dealer has elected to take under subparagraph (A), (B), or (C) is not in the public interest, the Commission shall order the manufacturer, distributor, or dealer to take whichever other action specified in subparagraph (A), (B), or (C) that the Commission determines to be in the public interest. If the Commission determines that both of the remaining actions specified in subparagraph (A), (B), or (C) are in the public interest, the Commission shall order the manufacturer, distributor, or dealer to take whichever of those actions the manufacturer, distributor, or dealer elects.''. SEC. 3. CIVIL PENALTIES. (a) Section 20(a) of the Consumer Product Safety Act (15 U.S.C. 2069(a)) is amended to read as follows: ``(a) Amount of Penalty.-- ``(1) Any person who knowingly violates section 19 shall be subject to a civil penalty not to exceed $7,000 for each such violation. Subject to paragraph (2), a violation of paragraph (1), (2), (4), (5), (6), (7), (8), (9), (10), or (11) of section 19(a) shall constitute a separate offense with respect to each consumer product involved. A violation of section 19(a)(3) shall constitute a separate violation with respect to each failure or refusal to allow or perform an act required thereby, and, if such violation is a continuing one, each day of such violation shall constitute a separate offense. ``(2) The second sentence of paragraph (1) shall not apply to violations of paragraph (1) or (2) of section 19(a)-- ``(A) if the person who violated such paragraph is not the manufacturer or private labeler or a distributor of the product involved, and ``(B) if such person did not have either-- ``(i) actual knowledge that such person's distribution or sale of the product violated such paragraph; or ``(ii) notice from the Commission that such distribution or sale would be a violation of such paragraph. ``(3)(A) The penalty amount authorized in paragraph (1) shall be adjusted for inflation by increasing the amount referred to in paragraph (1) by the cost-of-living adjustment for the preceding 5 years. Any increase determined under the preceding sentence shall be rounded up to-- ``(i) in the case of a penalty amount less than or equal to $10,000, the nearest multiple of $1,000; ``(ii) in the case of a penalty amount greater than $10,000, the nearest multiple of $5,000. ``(B) Not later than December 1, 2005, and December 1 of each 5th calendar year thereafter, the Commission shall prescribe and publish in the Federal Register the authorized penalty amount that shall apply for violations that occur after January 1 of the year immediately following such publication. ``(C) For purposes of subparagraph (A): ``(i) The term `Consumer Price Index' means the Consumer Price Index for all urban consumers published by the Department of Labor. ``(ii) The term `cost-of-living adjustment for the preceding 5 years' means the percentage by which-- ``(I) the Consumer Price Index for the month of June of the calendar year preceding the adjustment exceeds ``(II) the Consumer Price Index for the month of June preceding the date on which the maximum authorized penalty was last adjusted.''. (b) Section 5(c) of the Federal Hazardous Substances Act (15 U.S.C. 1264(c)) is amended to read as follows: ``(c) Civil Penalties.-- ``(1) Any person who knowingly violates section 4 shall be subject to a civil penalty not to exceed $7,000 for each such violation. Subject to paragraph (2), a violation of subsection (a), (b), (c), (d), (f), (g), (i), (j), or (k) of section 4 shall constitute a separate offense with respect to each substance involved. A violation of section 4(e) shall constitute a separate violation with respect to each failure or refusal to allow or perform an act required by section 4(e), and if such violation is a continuing one, each day of such violation shall constitute a separate offense. ``(2) The second sentence of paragraph (1) of this subsection shall not apply to violations of subsection (a) or (c) of section 4-- ``(A) if the person who violated such subsection is not the manufacturer, importer, or private labeler or a distributor of the substance involved; and ``(B) if such person did not have either-- ``(i) actual knowledge that such person's distribution or sale of the substance violated such subsection, or ``(ii) notice from the Commission that such distribution or sale would be a violation of such subsection. ``(3) In determining the amount of any penalty to be sought upon commencing an action seeking to assess a penalty for a violation of section 4, the Commission shall consider the nature of the substance, the severity of the risk of injury, the occurrence or absence of injury, the amount of the substance distributed, and the appropriateness of such penalty in relation to the size of the business of the person charged. ``(4) Any civil penalty under this subsection may be compromised by the Commission. In determining the amount of such compromised penalty or whether it should be remitted or mitigated and in what amount, the Commission shall consider the appropriateness of such penalty to the size of the business of the persons charged, the nature of the substance involved, the severity of the risk of injury, the occurrence or absence of injury, and the amount of the substance distributed. The amount of such penalty when finally determined, or the amount agreed on compromise, may be deducted from any sums owing by the United States to the person charged. ``(5) As used in the first sentence of paragraph (1), the term `knowingly' means-- ``(A) having actual knowledge, or ``(B) the presumed having of knowledge deemed to be possessed by a reasonable person who acts in the circumstances, including knowledge obtainable upon the exercise of due care to ascertain the truth of representations. ``(6)(A) The penalty amount authorized in paragraph (1) shall be adjusted for inflation by increasing the amount referred to in paragraph (1) by the cost-of-living adjustment for the preceding 5 years. Any increase determined under the preceding sentence shall be rounded up to-- ``(i) in the case of a penalty amount less than or equal to $10,000, the nearest multiple of $1,000; ``(ii) in the case of a penalty amount greater than $10,000, the nearest multiple of $5,000. ``(B) Not later than December 1, 2005, and December 1 of each 5th calendar year thereafter, the Commission shall prescribe and publish in the Federal Register the authorized penalty amount that shall apply for violations that occur after January 1 of the year immediately following such publication. ``(C) For purposes of subparagraph (A): ``(i) The term `Consumer Price Index' means the Consumer Price Index for all urban consumers published by the Department of Labor. ``(ii) The term `cost-of-living adjustment for the preceding 5 years' means the percentage by which-- ``(I) the Consumer Price Index for the month of June of the calendar year preceding the adjustment exceeds ``(II) the Consumer Price Index for the month of June preceding the date on which the maximum authorized penalty was last adjusted.''. SEC. 4. CRIMINAL PENALTIES. (a) Section 21 of the Consumer Product Safety Act (15 U.S.C. 2070) is amended to read as follows: ``(a) Any person who knowingly violates section 19 shall be fined under title 18, United States Code, or be imprisoned not more than 1 year, or both, if such person is an individual, or fined under title 18, United States Code, if such person is an organization (as the term `organization' is defined in section 18 of title 18, United States Code). Any person who knowingly and willfully violates section 19 of this Act shall be fined under title 18, United States Code, or be imprisoned not more than 3 years, or both, if such person is an individual, or fined under title 18, United States Code, if such person is an organization. ``(b) Any individual director, officer, or agent of a corporation who authorizes, orders, or performs any of the acts or practices constituting in whole or in part a violation of subsection (a) shall be subject to penalties under this section without regard to any penalties to which that corporation may be subject under subsection (a).''. (b) Section 5(a) of the Federal Hazardous Substances Act (15 U.S.C. 1264(a)) is amended to read as follows: ``(a) Criminal Penalties.--Any person who violates any of the provisions of section 4 shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine under title 18, United States Code, or to imprisonment for not more than one year, or both, if such person is an individual, or to a fine under title 18, United States Code, if such person is an organization (as the term `organization' is defined in section 18 of title 18, United States Code); but for offenses committed willfully, or for second and subsequent offenses, the penalty shall be imprisonment for not more than 3 years, or a fine under title 18, United States Code, or both, if such person is an individual, or a fine under title 18, United States Code, if such person is an organization.''.

Consumer Product Risk Reporting Act of 2001 - Amends the Consumer Product Safety Act and the Federal Hazardous Substances Act to direct the Consumer Product Safety Commission, if a manufacturer, distributor, or retailer has elected to take a repair, replacement, or refund action with respect to a substantial product hazard that is not in the public interest, to order such manufacturer, distributor, or retailer to: (1) take whichever other action the Commission determines to be in the public interest; or (2) elect one or the other action if both alternatives are in the public interest.Increases the maximum civil penalty for each violation. Revises criminal penalties.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding Opportunities for Recovery Act of 2014''. SEC. 2. OPIOID ADDICTION TREATMENT. (a) In General.--The Administrator of the Substance Abuse and Mental Health Services Administration, acting through the Director of the Center for Substance Abuse Treatment (in this section referred to as the ``Administrator'') shall award grants to States to expand access to clinically appropriate services for opioid abuse, dependence, or addiction. (b) Requirements.--As conditions on the receipt of a grant under this section, a State shall agree to comply with the following: (1) The grant will be administered through the head of the State's primary agency responsible for programs and activities relating to the treatment of substance abuse. (2) The services through the grant will be evidence-based such as medication-assisted treatment for substance use disorder. (3) The services through the grant will be provided according to a physician or a clinician's recommendation to ensure that individuals receive the optimal level of substance use disorder treatment for the amount of time that is deemed medically necessary. (4) The services through the grant will be provided exclusively to individuals-- (A) who lack health insurance; or (B) whose health insurance-- (i) does not cover such services; or (ii) places other barriers on the receipt of such services, such as-- (I) limiting coverage of such services to a certain period of time; or (II) imposing non-quantitative treatment limitations that are more stringent than treatment limitations imposed on other medical conditions (such as a requirement to use less expensive services, like out-patient treatment, prior to more expensive, but physician-recommended services, such as in-patient or residential treatment). (5) The grant will not be used to pay or subsidize the cost of more than 60 consecutive days of opioid abuse, dependence, or addiction treatment in the case of any individual. (c) Permissible Provision of Medications.--In expanding access to clinically appropriate services for opioid abuse, dependence, or addiction through a grant under this section, a State may provide for the use of medications, in conjunction with other treatment, so long as-- (1) the medications are lawfully marketed under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); (2) are clinically indicated to address the abuse, dependence, or addiction; and (3) are offered consistent with consumer choice. (d) Coordination.--The Administrator shall coordinate the program under this section with the program for prevention and treatment of substance abuse under subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x-21 et seq.). (e) Evaluation; Dissemination of Information; Technical Assistance.-- (1) In general.--The Administrator shall-- (A) require States receiving a grant under this section to report appropriate outcome measures associated with use of the grant, including any-- (i) decreases in substance use; (ii) changes in retention in care; (iii) connections to the next appropriate level of care; (iv) decreases in involvement with criminal justice activities; and (v) other outcome data as appropriate; (B) require States receiving a grant under this section to report data on individuals' length of time under clinically appropriate addiction treatment, and the use of medication-assisted treatment; (C) evaluate the activities supported by grants under this section; (D) submit to the Congress and the Secretary, and make publicly available on the Internet site of the Substance Abuse and Mental Health Services Administration, information about the results of such evaluation; and (E) offer technical assistance to States receiving a grant under this section regarding activities funded through the grant. (2) Use of certain funds.--Of the funds appropriated to carry out this section for any fiscal year, 5 percent shall be available to carry out activities under this subsection.

Expanding Opportunities for Recovery Act of 2014 - Requires the Administrator of the Substance Abuse and Mental Health Services Administration to award grants to states to expand access to clinically appropriate services for opioid abuse or addiction. Requires states to use these grants to provide up to 60 consecutive days of services to individuals who otherwise would not have access to substance abuse services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Math and Science Incentive Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States can have a secure and prosperous future only by having a robust and inventive scientific and technical enterprise. (2) Such an enterprise will require the United States to produce more scientists and engineers. (3) The United States education system must do more to encourage students at every level to study science and mathematics and to pursue careers related to those fields. (4) The current performance of United States students in science and mathematics lags behind their international peers, and not enough students are pursuing science and mathematics. (5) The United States is still reaping the benefits of past investments in research and development and education, but we are drawing down that capital. (6) The United States needs to recommit itself to leadership in science, mathematics, and engineering, especially as advances are being made in such areas as nanotechnology. (7) A program of loan forgiveness designed to attract students to careers in science, mathematics, engineering, and technology, including teaching careers, can help the United States maintain its technological leadership. SEC. 3. ESTABLISHMENT OF PROGRAM. (a) Program.-- (1) In general.--The Secretary shall carry out a program of assuming the obligation to pay, pursuant to the provisions of this Act, the interest on a loan made, insured, or guaranteed under part B or D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq. and 1087a et seq.). (2) Eligibility.--The Secretary may assume interest payments under paragraph (1) only for a borrower who-- (A) has submitted an application in compliance with subsection (d); (B) obtained 1 or more loans described in paragraph (1) as an undergraduate student; (C) is a new borrower (within the meaning of section 103(7) of the Higher Education Act of 1965 (20 U.S.C. 1003(7)) on or after the date of enactment of this Act; (D) is a teacher of science, technology, engineering, or mathematics at an elementary school or secondary school, or is a mathematics, science, or engineering professional; and (E) enters into an agreement with the Secretary to complete 5 consecutive years of service in a position described in subparagraph (D), starting on the date of the agreement. (3) Prior interest limitations.--The Secretary shall not make any payments for interest that-- (A) accrues prior to the beginning of the repayment period on a loan in the case of a loan made under section 428H of the Higher Education Act of 1965 (20 U.S.C. 1078-8) or a Federal Direct Unsubsidized Stafford Loan; or (B) has accrued prior to the signing of an agreement under paragraph (2)(E). (4) Initial selection.--In selecting participants for the program under this Act, the Secretary-- (A) shall choose among eligible applicants on the basis of-- (i) the national security, homeland security, and economic security needs of the United States, as determined by the Secretary, in consultation with other Federal agencies, including the Departments of Labor, Defense, Homeland Security, Commerce, and Energy, the Central Intelligence Agency, and the National Science Foundation; and (ii) the academic record or job performance of the applicant; and (B) may choose among eligible applicants on the basis of-- (i) the likelihood of the applicant to complete the 5-year service obligation; (ii) the likelihood of the applicant to remain in science, mathematics, or engineering after the completion of the service requirement; or (iii) other relevant criteria determined by the Secretary. (5) Availability subject to appropriations.--Loan interest payments under this Act shall be subject to the availability of appropriations. If the amount appropriated for any fiscal year is not sufficient to provide interest payments on behalf of all qualified applicants, the Secretary shall give priority to those individuals on whose behalf interest payments were made during the preceding fiscal year. (6) Regulations.--The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. (b) Duration and Amount of Interest Payments.--The period during which the Secretary shall pay interest on behalf of a student borrower who is selected under subsection (a) is the period that begins on the effective date of the agreement under subsection (a)(2)(E), continues after successful completion of the service obligation, and ends on the earlier of-- (1) the completion of the repayment period of the loan; (2) payment by the Secretary of a total of $10,000 on behalf of the borrower; (3) if the borrower ceases to fulfill the service obligation under such agreement prior to the end of the 5-year period, as soon as the borrower is determined to have ceased to fulfill such obligation in accordance with regulations of the Secretary; or (4) 6 months after the end of any calendar year in which the borrower's gross income equals or exceeds 4 times the national per capita disposable personal income (current dollars) for such calendar year, as determined on the basis of the National Income and Product Accounts Tables of the Bureau of Economic Analysis of the Department of Commerce, as determined in accordance with regulations prescribed by the Secretary. (c) Repayment to Eligible Lenders.--Subject to the regulations prescribed by the Secretary pursuant to subsection (a)(6), the Secretary shall pay to each eligible lender or holder for each payment period the amount of the interest that accrues on a loan of a student borrower who is selected under subsection (a). (d) Application for Repayment.-- (1) In general.--Each eligible individual desiring loan interest payment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Failure to complete service agreement.--Such application shall contain an agreement by the individual that, if the individual fails to complete the 5 consecutive years of service required by subsection (a)(2)(E), the individual agrees to repay the Secretary the amount of any interest paid by the Secretary on behalf of the individual. (e) Treatment of Consolidation Loans.--A consolidation loan made under section 428C of the Higher Education Act of 1965 (20 U.S.C. 1078- 3), or a Federal Direct Consolidation Loan made under part D of title IV of such Act (20 U.S.C. 1087a et seq.), may be a loan for which interest is paid pursuant to this section only to the extent that such loan amount was used by a borrower who otherwise meets the requirements of this section to repay-- (1) a loan made under section 428 or 428H of such Act (20 U.S.C. 1078 and 1078-8); or (2) a Federal Direct Stafford Loan, or a Federal Direct Unsubsidized Stafford Loan, made under part D of title IV of such Act (20 U.S.C. 1087a et seq.). (f) Prevention of Double Benefits.--No borrower may, for the same service, receive a benefit under both this section and-- (1) any loan forgiveness program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); or (2) subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.). SEC. 4. DEFINITIONS. As used in this Act-- (1) the term ``Secretary'' means the Secretary of Education; and (2) the term ``mathematics, science, or engineering professional'' means a person who-- (A) holds a baccalaureate, masters, or doctoral degree (or a combination thereof) in science, mathematics, or engineering; and (B) works in a field the Secretary determines is closely related to that degree, which shall include working as a professor at a 2- or 4-year institution of higher education. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2006 and for each of the 5 succeeding fiscal years.

Math and Science Incentive Act of 2005 - Directs the Secretary of Education to carry out a program of assuming the obligation to pay up to $10,000 of interest on certain student loans under the Higher Education Act of 1965, for certain borrowers who agree to serve for five years as: (1) teachers of science, technology, engineering or mathematics at an elementary or secondary school; or (2) mathematics, science or engineering professionals. Requires that selection of program participants from among eligible applicants be based on: (1) U.S. national security, homeland security, and economic security needs; and (2) the applicant's academic record or job performance. Allows other factors to be considered in such selection.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Energy Tax Extenders Act''. SEC. 2. RENEWABLE ENERGY CREDIT. (a) 10-Year Extension.--Each of the following provisions of section 45(d) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2009'' and inserting ``January 1, 2019'': (1) Paragraph (1). (2) Clauses (i) and (ii) of paragraph (2)(A). (3) Clauses (i)(I) and (ii) of paragraph (3)(A). (4) Paragraph (4). (5) Paragraph (5). (6) Paragraph (6). (7) Paragraph (7). (8) Subparagraphs (A) and (B) of paragraph (9). (b) Expansion of Biomass Facilities.-- (1) Open-loop biomass facilities.--Paragraph (3) of section 45(d) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: ``(B) Expansion of facility.--Such term shall include a new unit placed in service after the date of the enactment of this subparagraph in connection with a facility described in subparagraph (A), but only to the extent of the increased amount of electricity produced at the facility by reason of such new unit.''. (2) Closed-loop biomass facilities.--Paragraph (2) of section 45(d) of such Code is amended by redesignating subparagraph (B) as subparagraph (C) and inserting after subparagraph (A) the following new subparagraph: ``(B) Expansion of facility.--Such term shall include a new unit placed in service after the date of the enactment of this subparagraph in connection with a facility described in subparagraph (A)(i), but only to the extent of the increased amount of electricity produced at the facility by reason of such new unit.''. (c) Modification of Rules for Hydropower Production.--Subparagraph (C) of section 45(c)(8) of such Code is amended to read as follows: ``(C) Nonhydroelectric dam.--For purposes of subparagraph (A), a facility is described in this subparagraph if-- ``(i) the hydroelectric project installed on the nonhydroelectric dam is licensed by the Federal Energy Regulatory Commission and meets all other applicable environmental, licensing, and regulatory requirements, ``(ii) the nonhydroelectric dam was placed in service before the date of the enactment of this paragraph and operated for flood control, navigation, or water supply purposes and did not produce hydroelectric power on the date of the enactment of this paragraph, and ``(iii) the hydroelectric project is operated so that the water surface elevation at any given location and time that would have occurred in the absence of the hydroelectric project is maintained, subject to any license requirements imposed under applicable law that change the water surface elevation for the purpose of improving environmental quality of the affected waterway. The Secretary, in consultation with the Federal Energy Regulatory Commission, shall certify if a hydroelectric project licensed at a nonhydroelectric dam meets the criteria in clause (iii). Nothing in this section shall affect the standards under which the Federal Energy Regulatory Commission issues licenses for and regulates hydropower projects under part I of the Federal Power Act.''. (d) Effective Date.-- (1) Extension.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to property originally placed in service after December 31, 2008. (2) Expansion of biomass facilities.--The amendments made by subsection (d) shall apply to property placed in service after the date of the enactment of this Act. SEC. 3. PRODUCTION CREDIT FOR ELECTRICITY PRODUCED FROM MARINE RENEWABLES. (a) In General.--Paragraph (1) of section 45(c) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(I) marine and hydrokinetic renewable energy.''. (b) Marine Renewables.--Subsection (c) of section 45 of such Code is amended by adding at the end the following new paragraph: ``(10) Marine and hydrokinetic renewable energy.-- ``(A) In general.--The term `marine and hydrokinetic renewable energy' means energy derived from-- ``(i) waves, tides, and currents in oceans, estuaries, and tidal areas, ``(ii) free flowing water in rivers, lakes, and streams, ``(iii) free flowing water in an irrigation system, canal, or other man-made channel, including projects that utilize nonmechanical structures to accelerate the flow of water for electric power production purposes, or ``(iv) differentials in ocean temperature (ocean thermal energy conversion). ``(B) Exceptions.--Such term shall not include any energy which is derived from any source which utilizes a dam, diversionary structure (except as provided in subparagraph (A)(iii)), or impoundment for electric power production purposes.''. (c) Definition of Facility.--Subsection (d) of section 45 of such Code is amended by adding at the end the following new paragraph: ``(11) Marine and hydrokinetic renewable energy facilities.--In the case of a facility producing electricity from marine and hydrokinetic renewable energy, the term `qualified facility' means any facility owned by the taxpayer-- ``(A) which has a nameplate capacity rating of at least 150 kilowatts, and ``(B) which is originally placed in service on or after the date of the enactment of this paragraph and before January 1, 2019.''. (d) Credit Rate.--Subparagraph (A) of section 45(b)(4) of such Code is amended by striking ``or (9)'' and inserting ``(9), or (11)''. (e) Coordination With Small Irrigation Power.--Paragraph (5) of section 45(d) of such Code, as amended by section 1, is amended by striking ``January 1, 2019'' and inserting ``the date of the enactment of paragraph (11)''. (f) Effective Date.--The amendments made by this section shall apply to electricity produced and sold after the date of the enactment of this Act, in taxable years ending after such date. SEC. 4. ENERGY CREDIT. (a) Extension of Credit.-- (1) Solar energy property.--Paragraphs (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) of the Internal Revenue Code of 1986 are each amended by striking ``January 1, 2009'' and inserting ``January 1, 2019''. (2) Fuel cell property.--Subparagraph (E) of section 48(c)(1) of such Code is amended by striking ``December 31, 2008'' and inserting ``December 31, 2018''. (3) Microturbine property.--Subparagraph (E) of section 48(c)(2) of such Code is amended by striking ``December 31, 2008'' and inserting ``December 31, 2018''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 5. CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY. (a) Extension.--Section 25D(g) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2008'' and inserting ``December 31, 2018''. (b) Credit for Geothermal Heat Pump Systems.-- (1) In general.--Section 25D(a) of such Code is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end the following new paragraph: ``(4) 30 percent of the qualified geothermal heat pump property expenditures made by the taxpayer during such year.''. (2) Limitation.--Section 25D(b)(1) of such Code is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) $2,000 with respect to any qualified geothermal heat pump property expenditures.''. (3) Qualified geothermal heat pump property expenditure.-- Section 25D(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Qualified geothermal heat pump property expenditure.-- ``(A) In general.--The term `qualified geothermal heat pump property expenditure' means an expenditure for qualified geothermal heat pump property installed on or in connection with a dwelling unit located in the United States and used as a residence by the taxpayer. ``(B) Qualified geothermal heat pump property.--The term `qualified geothermal heat pump property' means any equipment which-- ``(i) uses the ground or ground water as a thermal energy source to heat the dwelling unit referred to in subparagraph (A) or as a thermal energy sink to cool such dwelling unit, and ``(ii) meets the requirements of the Energy Star program which are in effect at the time that the expenditure for such equipment is made.''. (4) Maximum expenditures in case of joint occupancy.-- Section 25D(e)(4)(A) of such Code is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) $6,667 in the case of any qualified geothermal heat pump property expenditures.''. (c) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2008. SEC. 6. ALTERNATIVE MOTOR VEHICLE CREDIT. (a) Extension.--Subsection (j) of section 30B of the Internal Revenue Code of 1986 (relating to termination of credit) is amended to read as follows: ``(j) Termination.--This section shall not apply to any property purchased after December 31, 2018.''. (b) Repeal of Limitation on Number of New Qualified Hybrid and Advanced Lean-Burn Technology Vehicles Eligible for Credit.--Section 30B of such Code is amended by striking subsection (f). (c) Effective Dates.-- (1) Extension.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. (2) Repeal of limitation.--The amendment made by subsection (b) shall apply to vehicles manufactured after December 31, 2008.

Renewable Energy Tax Extenders Act - Amends the Internal Revenue Code to extend through 2018 the tax credit for producing electricity from certain renewable resources (e.g., wind, biomass, solar energy, small irrigation power, landfill gas, trash combustion, and hydropower facilities). Includes marine and hydrokinetic renewable energy as a renewable resource for purposes of such credit. Extends through 2018: (1) the energy tax credit for solar energy, fuel cell, and microturbine property; and (2) the tax credit for residential energy efficient property expenditures. Allows a 30% residential energy efficiency tax credit for the installation of geothermal heat pump systems. Extends through 2018 the alternative motor vehicle tax credit. Eliminates the limitation on the number of new qualified hybrid and advanced lean-burn technology vehicles eligible for such credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Worker Safety Act''. SEC. 2. REVIEW OF STATE OCCUPATIONAL SAFETY AND HEALTH PLANS. Section 18 of the Occupational Safety and Health Act (29 U.S.C. 668) is amended-- (1) by amending subsection (f) to read as follows: ``(f)(1) The Secretary shall, on the basis of reports submitted by the State agency and the Secretary's own inspections, make a continuing evaluation of the manner in which each State that has a plan approved under this section is carrying out such plan. Such evaluation shall include an assessment of whether the State continues to meet the requirements of subsection (c) of this section and any other criteria or indices of effectiveness specified by the Secretary in regulations. Whenever the Secretary finds, on the basis of such evaluation, that in the administration of the State plan there is a failure to comply substantially with any provision of the State plan (or any assurance contained therein), the Secretary shall make an initial determination of whether the failure is of such a nature that the plan should be withdrawn or whether the failure is of such a nature that the State should be given the opportunity to remedy the deficiencies, and provide notice of the Secretary's findings and initial determination. ``(2) If the Secretary makes an initial determination to reassert and exercise concurrent enforcement authority while the State is given an opportunity to remedy the deficiencies, the Secretary shall afford the State an opportunity for a public hearing within 15 days of such request, provided that such request is made not later than 10 days after Secretary's notice to the State. The Secretary shall review and consider the testimony, evidence, or written comments, and not later than 30 days following such hearing, make a determination to affirm, reverse, or modify the Secretary's initial determination to reassert and exercise concurrent enforcement authority under sections 8, 9, 10, 13, and 17 with respect to standards promulgated under section 6 and obligations under section 5(a). Following such a determination by the Secretary, or in the event that the State does not request a hearing within the time frame set forth in this paragraph, the Secretary may reassert and exercise such concurrent enforcement authority, while a final determination is pending under paragraph (3) or until the Secretary has determined that the State has remedied the deficiencies as provided under paragraph (4). Such determination shall be published in the Federal Register. The procedures set forth in section 18(g) shall not apply to a determination by the Secretary to reassert and exercise such concurrent enforcement authority. ``(3) If the Secretary makes an initial determination that the plan should be withdrawn, the Secretary shall provide due notice and the opportunity for a hearing. If based on the evaluation, comments, and evidence, the Secretary makes a final determination that there is a failure to comply substantially with any provision of the State plan (or any assurance contained therein), he shall notify the State agency of the withdrawal of approval of such plan and upon receipt of such notice such plan shall cease to be in effect, but the State may retain jurisdiction in any case commenced before the withdrawal of the plan in order to enforce standards under the plan whenever the issues involved do not relate to the reasons for the withdrawal of the plan. ``(4) If the Secretary makes a determination that the State should be provided the opportunity to remedy the deficiencies, the Secretary shall provide the State an opportunity to respond to the Secretary's findings and the opportunity to remedy such deficiencies within a time period established by the Secretary, not to exceed 1 year. The Secretary may extend and revise the time period to remedy such deficiencies, if the State's legislature is not in session during this 1 year time period, or if the State demonstrates that it is not feasible to correct the deficiencies in the time period set by the Secretary, and the State has a plan to correct the deficiencies within a reasonable time period. If the Secretary finds that the State agency has failed to remedy such deficiencies within the time period specified by the Secretary and that the State plan continues to fail to comply substantially with a provision of the State plan, the Secretary shall withdraw the State plan as provided for in paragraph (3).''; and (2) by adding at the end the following new subsection: ``(i) Not later than 18 months after the date of enactment of this subsection, and every 5 years thereafter, the Comptroller General shall complete and issue a review of the effectiveness of State plans to develop and enforce safety and health standards to determine if they are at least as effective as the Federal program and to evaluate whether the Secretary's oversight of State plans is effective. The Comptroller General's evaluation shall assess-- ``(1) the effectiveness of the Secretary's oversight of State plans, including the indices of effectiveness used by the Secretary; ``(2) whether the Secretary's investigations in response to Complaints About State Plan Administration (CASPA) are adequate, whether significant policy issues have been identified by headquarters and corrective actions are fully implemented by each State; ``(3) whether the formula for the distribution of funds described in section 23(g) to State programs is fair and adequate; ``(4) whether State plans are as effective as the Federal program in preventing occupational injuries, illnesses and deaths, and investigating discrimination complaints, through an evaluation of at least 20 percent of approved State plans, and which shall cover-- ``(A) enforcement effectiveness, including handling of fatalities, serious incidents and complaints, compliance with inspection procedures, hazard recognition, verification of abatement, violation classification, citation and penalty issuance, including appropriate use of willful and repeat citations, and employee involvement; ``(B) inspections, the number of programmed health and safety inspections at private and public sector establishments, and whether the State targets the highest hazard private sector work sites and facilities in that State; ``(C) budget and staffing, including whether the State is providing adequate budget resources to hire, train and retain sufficient numbers of qualified staff, including timely filling of vacancies; ``(D) administrative review, including the quality of decisions, consistency with Federal precedence, transparency of proceedings, decisions and records are available to the public, adequacy of State defense, and whether the State appropriately appeals adverse decisions; ``(E) antidiscrimination, including whether discrimination complaints are processed in a timely manner, whether supervisors and investigators are properly trained to investigate discrimination complaints, whether a case file review indicates merit cases are properly identified consistent with Federal policy and procedure, whether employees are notified of their rights, and whether there is an effective process for employees to appeal the dismissal of a complaint; ``(F) program administration, including whether the State's standards and policies are at least as effective as the Federal program and are updated in a timely manner, and whether National Emphasis Programs that are applicable in such States are adopted and implemented in a manner that is at least as effective as the Federal program; ``(G) whether the State plan satisfies the requirements for approval set forth in this section and its implementing regulations; and ``(H) other such factors identified by the Comptroller General, or as requested by the Committee on Education and Labor of the House of Representatives or the Committee on Health, Education, Labor, and Pensions of the Senate.''.

Ensuring Worker Safety Act - Amends the Occupational Safety and Health Act to revise requirements for the Secretary of Labor's continuing evaluation of approved state occupational safety and health plans. Requires: (1) the review of state plans to include an assessment of whether a state continues to meet certain conditions for the approval of such plans; and (2) the Secretary to determine whether a state that fails to comply substantially with the provisions of a plan should be given the opportunity to remedy such deficiencies. Prescribes general requirements for the provision to a state of such an opportunity. Requires the Comptroller General periodically to review and assess: (1) whether state plans to develop and enforce safety and health standards are at least as effective as federal occupational safety and health (OSHA) program standards in preventing occupational injuries, illnesses and deaths, and investigating discrimination complaints; (2) the effectiveness of the Secretary's oversight of such plans; and (3) the adequacy of the Secretary's investigations in response to Complaints About State Plan Administration (CASPA) as well as whether policy issues have been identified and corrective actions fully implemented by each state.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mental Health and Substance Abuse Juvenile Services Improvement Act of 2007''. SEC. 2. MENTAL HEALTH SERVICES FOR CHILDREN, ADOLESCENTS, AND THEIR FAMILIES. Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended by inserting after section 520A the following: ``SEC. 520B. MENTAL HEALTH SERVICES FOR CHILDREN, ADOLESCENTS, AND THEIR FAMILIES. ``(a) In General.--In cooperation with the Secretary of Education, the Secretary of Health and Human Services shall support either directly or through grants, contracts, or cooperative agreements with public entities programs to promote mental health among all children, from birth through adolescence, and their families and to provide early intervention services to ameliorate identified mental health problems in such children. ``(b) Equitable Distribution.--The Secretary shall provide for an equitable distribution of grants, contracts, and cooperative agreements by region, to include urban, suburban, and rural regions, including Native American communities. ``(c) Priority.--In awarding grants, contracts, and cooperative agreements under this section, the Secretary shall give priority to those applicants who-- ``(1) provide a comprehensive, community-based, culturally competent and developmentally appropriate prevention and early intervention program that provides for the identification of early mental health problems and promotes the mental health and enhances the resiliency of children from birth through adolescence and of their families; ``(2) incorporate families, schools, and communities in an integral role in the program; ``(3) coordinate behavioral health care services, interventions, and supports in traditional and non-traditional settings and provide a continuum of care for children from birth through adolescence and for their families; ``(4) provide public health education to improve the public's understanding of healthy emotional development; ``(5) provide training, technical assistance, consultation, and support for community service providers, school personnel, families, and children to promote healthy emotional development and enhance resiliency in children from birth through adolescence; ``(6) increase the resources available to such programs and provide for their sustainability by requiring a commitment on the part of local communities in which the programs provide services; ``(7) provide for the evaluation of programs operating under this section to ensure that they are providing intended services in an efficient and effective manner; and ``(8) provide school-based mental health assessment and treatment services conducted by a mental health professional (who may be a school counselor, school nurse, school psychologist, clinical psychologist, or school social worker) in public elementary or secondary schools. ``(d) Matching Requirement.--A condition for an award under subsection (a) is that the entity involved agrees that the entity will, with respect to the costs to be incurred by the entity in carrying out the purpose described in such subsection, make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than $1 for each $3 of Federal funds provided in the award. ``(e) Durations of Grants.--With respect to an award under subsection (a), the period during which payments under such award are made to the recipient may not exceed 5 years. ``(f) Evaluation.--The Secretary shall ensure that entities receiving awards under subsection (a) carry out an evaluation of the project, including an evaluation of the effectiveness of program strategies, and short, intermediate, and long-term outcomes including the program's overall impact on strengthening families with young children and creating environments in home, school, and community settings that promote healthy emotional development and reduce incipient mental health and substance abuse problems. Local educational agencies receiving such awards shall ensure that the schools receiving these funds maintain an average ratio of one certified or licensed-- ``(1) school counselor for every 150 students; ``(2) school nurse for every 350 students; ``(3) school psychologist for every 500 students; and ``(4) school social worker for every 400 students. ``(g) Definitions.--For purposes of this section: ``(1) The term `mental health' means a state of successful performance of mental function, resulting in productive activities, fulfilling relationships with other people, and the ability to adapt to change and cope with adversity. ``(2) The term `mental illness' refers to all diagnosable mental disorders (health conditions characterized by alterations in thinking, mood, or behavior or some combination thereof) associated with distress or impaired functioning or both. ``(3) The term `mental health problem' refers to symptoms of insufficient intensity or duration to meet the criteria for any mental disorder. ``(4)(A) The term `mental health professional' refers to a qualified counselor, nurse, psychologist, or social worker. ``(B) The terms `school counselor', `school nurse', `school psychologist', and `school social worker' mean an individual who possesses licensure or certification in the State involved, and who meets professional standards for practice in schools and related settings, as a school counselor, school nurse, school psychologist, or school social worker, respectively. ``(5) The term `public entity' means any State, any political subdivision of a State, including any local educational agency, and any Indian tribe or tribal organization (as defined in section 4(b) and section 4(c) of the Indian Self-Determination and Education Assistance Act). ``(h) Authorization of Appropriation.--There are authorized to be appropriated to carry out this section $300,000,000 for fiscal year 2008 and such sums as are necessary for each of fiscal years 2009 and 2010. These funds are authorized to be used to carry out the provisions of this section and cannot be utilized to supplement or supplant funding provided for other mental health services programs.''. SEC. 3. INITIATIVE FOR COMPREHENSIVE, INTERSYSTEM MENTAL HEALTH AND SUBSTANCE ABUSE TREATMENT PROGRAMS FOR JUVENILES. Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb-31 et seq.) is amended by adding at the end the following: ``SEC. 520K INITIATIVE FOR COMPREHENSIVE, INTERSYSTEM MENTAL HEALTH AND SUBSTANCE ABUSE TREATMENT PROGRAMS FOR JUVENILES. ``(a) In General.--The Attorney General of the United States and the Secretary, acting through the Director of the Center for Mental Health Services, shall award competitive grants to eligible entities for programs that address the service needs of juveniles, including juveniles with serious mental illnesses, by requiring the State or local juvenile justice system, the mental health system, and the substance abuse treatment system to work collaboratively to ensure-- ``(1) the appropriate diversion of such juveniles from incarceration; ``(2) the provision of appropriate mental health and substance abuse services as an alternative to incarceration, including for those juveniles on probation or parole; and ``(3) the provision of follow-up services for juveniles who are discharged from the juvenile justice system. ``(b) Eligibility.--To be eligible to receive a grant under this section, an entity shall-- ``(1) be a State or local juvenile justice agency, mental health agency, or substance abuse agency (including community diversion programs); ``(2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including-- ``(A) an assurance that the applicant has the consent of all entities described in paragraph (1) in carrying out and coordinating activities under the grant; and ``(B) with respect to services for juveniles, an assurance that the applicant has collaborated with the State or local educational agency and the State or local welfare agency in carrying out and coordinating activities under the grant; ``(3) be given priority if the entity submits its application jointly with juvenile justice and substance abuse or mental health agencies; and ``(4) ensure that funds from non-Federal sources are available to match amounts provided under the grant in an amount that is not less than-- ``(A) with respect to the first 3 years under the grant, 10 percent of the amount provided under the grant; and ``(B) with respect to the fourth and fifth years under the grant, 30 percent of the amount provided under the grant. ``(c) Use of Funds.-- ``(1) Initial year.--An entity that receives a grant under this section shall, in the first fiscal year in which amounts are provided under the grant, use such amounts to develop a collaborative plan-- ``(A) describing how the entity will institute a system to provide intensive community services-- ``(i) to prevent high-risk juveniles from coming in contact with the justice system; and ``(ii) to meet the mental health and substance abuse treatment needs of juveniles on probation or recently discharged from the justice system; and ``(B) providing for the exchange by agencies of information to enhance the provision of mental health or substance abuse services to juveniles. ``(2) Second through fifth years.--With respect to the second through fifth fiscal years in which amounts are provided under the grant, the grantee shall use amounts provided under the grant-- ``(A) to furnish services, such as assertive community treatment, wrap-around services for juveniles, multisystemic therapy, outreach, integrated mental health and substance abuse treatment, case management, health care, education and job training, assistance in securing stable housing, finding a job or obtaining income support, other benefits, access to appropriate school-based services, transitional and independent living services, mentoring programs, home- based services, and provision of appropriate after- school and summer programming; ``(B) to establish a network of boundary spanners to conduct regular meetings with judges, provide liaison with mental health and substance abuse workers, share and distribute information, and coordinate with mental health and substance abuse treatment providers and probation or parole officers concerning provision of appropriate mental health and drug and alcohol addiction services for individuals on probation or parole; ``(C) to provide cross-system training among police, corrections, and mental health and substance abuse providers with the purpose of enhancing collaboration and the effectiveness of all systems; ``(D) to provide coordinated and effective after- care programs for juveniles with emotional or mental disorders who are discharged from jail, prison, or juvenile facilities; ``(E) to purchase technical assistance to achieve the grant project's goals; and ``(F) to furnish services, to train personnel in collaborative approaches, and to enhance intersystem collaboration. ``(3) Definition.--In paragraph (2)(B), the term `boundary spanners' means professionals who act as case managers for juveniles with mental disorders and substance abuse addictions, within both justice agency facilities and community mental health programs and who have full authority from both systems to act as problem solvers and advocates on behalf of individuals targeted for service under this program. ``(d) Area Served by the Project.--An entity receiving a grant under this section shall conduct activities under the grant to serve at least a single political jurisdiction. ``(e) Authorization of Appropriations.--For each of fiscal years 2008 through 2013, there is authorized to be appropriated an amount equal to 10 percent of the amount appropriated under section 1935(a) for the respective fiscal year.''. SEC. 4. FUNDING FOR EMERGENCY MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES FOR CHILDREN DIRECTLY AFFECTED BY PUBLIC HEALTH EMERGENCIES. (a) In General.--Section 501(m) of the Public Health Service Act (42 U.S.C. 290aa(m)) is amended-- (1) in paragraph (1)-- (A) by striking ``2.5 percent'' and inserting ``5 percent''; and (B) by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; (2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (3) by inserting after paragraph (1), the following: ``(2) Condition.--A condition of paragraph (1) is that 2.5 percent of the funds subject to paragraph (1) may only be available for the provision of emergency mental health and substance abuse treatment and prevention services to children who are directly affected by public health emergencies, including diseases or disorders that present such emergencies, natural disasters, major transportation accidents, technological disasters, and disasters resulting from terrorism.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to grants provided on or after January 1, 2008. SEC. 5. CRISIS RESPONSE GRANTS TO ADDRESS CHILDREN'S NEEDS. Title III of the Public Health Service Act is amended by inserting after section 319M (42 U.S.C. 247d-7d) the following: ``SEC. 319N. CRISIS RESPONSE GRANTS TO ADDRESS CHILDREN'S NEEDS. ``(a) In General.--The Secretary may award grants to eligible entities described in subsection (b) to enable such entities to increase the coordination and development of disaster preparedness efforts relating to the needs of children. ``(b) Eligibility.--To be an eligible entity under this subsection, an entity shall-- ``(1) be a State, political subdivision of a State, a consortium of 2 or more States or political subdivisions of States, a public or private non-profit agency or organization, or other organization that serves children as determined appropriate by the Secretary; and ``(2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(c) Use of Funds.--An entity shall use amounts received under a grant under this section to carry out activities for the coordination and development of disaster preparedness efforts relating to the physical- and health-related needs of children. ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal year 2008.''.

Mental Health and Substance Abuse Juvenile Services Improvement Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to support programs to promote mental health among all children and their families and to provide early intervention services to ameliorate identified mental health problems in children. Requires the Secretary to provide an equitable distribution of such grants by region. Directs the Attorney General and the Secretary, acting through the Director of the Center for Mental Health Services, to award grants for programs that address the service needs of juveniles by requiring the state or local juvenile system, the mental health system, and the substance abuse treatment system to work collectively to ensure: (1) the appropriate diversion of such juveniles from incarceration; (2) the provision of appropriate mental health and substance abuse services as an alternative to incarceration; and (3) the provision of follow-up services for juveniles who are discharged from the juvenile justice system. Provides funding for the provision of emergency mental health and substance abuse treatment and prevention services to children who are directly affected by public health emergencies. Allows the Secretary to award grants to enable eligible entities to increase the coordination and development of disaster preparedness efforts relating to the needs of children.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Compensation Equity Act of 2000''. SEC. 2. CONCURRENT RECEIPT OF RETIRED PAY AND DISABILITY RETIREMENT FOR VETERANS WHO RECEIVED THE PURPLE HEART. (a) Concurrent Receipt.--Section 5304 of title 38, United States Code, is amended-- (1) by adding at the end of subsection (a)(1) the following new sentence: ``Notwithstanding the preceding sentence, emergency officers', regular, or reserve retirement pay (other than retired pay under chapter 61 of title 10) shall be paid to a veteran concurrently with compensation for a service- connected disability, without deduction from either the retirement pay or the compensation, in the case of a veteran who was awarded the Purple Heart and whose retirement pay is based on service of 20 years or more.''; and (2) by adding at the end the following new subsection: ``(d) Compensation paid by the Secretary for a service-connected disability may not be considered in determining eligibility for any other benefit under any provision of Federal, State, or local law and may not be counted as income of the veteran or the veteran's family for purposes of any provision of Federal, State, or local law for which eligibility for any benefit or program is determined based upon income.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to payments for periods beginning on or after the date of the enactment of this Act. SEC. 3. PRESERVATION OF VETERAN'S COMPENSATION BENEFIT FOR SURVIVING SPOUSE. (a) Compensation Benefit To Survive Death of Veteran.--Section 1311 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(f) Notwithstanding the preceding provisions of this section, the rate of dependency and indemnity compensation paid for any month to the surviving spouse of a veteran who was awarded the Purple Heart shall be at the rate at which compensation under chapter 11 of this title would be paid for that month to that veteran if the veteran were not deceased (except that, for purposes of section 1115 of this title, such rate of compensation shall be determined as if the veteran had no spouse).''. (b) Effective Date.--The amendment made by this section shall apply with respect to payments for months beginning on or after the date of the enactment of this Act. SEC. 4. ANNUITIES UNDER SURVIVOR BENEFIT PLAN TO BE 100 PERCENT OF RETIRED PAY BASE AMOUNT. (a) Termination.--Section 1451 of title 10, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking out ``shall be'' in the matter preceding subparagraph (A) and all that follows in that paragraph and inserting in lieu thereof ``shall be the amount equal to 100 percent of the base amount.''; and (B) in paragraph (2), by striking out ``shall be'' in the matter preceding subparagraph (A) and all that follows in that paragraph and inserting in lieu thereof ``shall be the amount equal to a percentage of the base amount that-- ``(A) is less than 100 percent; and ``(B) is determined under subsection (f).''; and (2) in paragraph (1) of subsection (c), by striking out ``shall be'' in the matter preceding subparagraph (A) and all that follows in that paragraph and inserting in lieu thereof ``shall be the amount equal to 100 percent of the retired pay to which the member or former member would have been entitled if the member or former member had been entitled to that pay based upon his years of active service when he died.''. (b) Repeal of Requirement for Reduction of Annuity at Age 62.--Such section is further amended by striking out subsection (d). (c) Repeal of Alternative Computation for Certain Beneficiaries for Whom Social Security Offset Was More Beneficial Than Two-Tier Computation.--Such section is further amended by striking out subsection (e). (d) Conforming Amendment.--Subsection (f) of such section is amended by striking out ``(a)(2), (b)(2), or (e)(2)(B)'' and inserting in lieu thereof ``(a)(2) or (b)(2)''. (e) Effective Date.--The amendments made by this section shall apply to payment of annuities for months that begin after the date of the enactment of this Act. (f) Recomputation of Existing Annuities.--In the case of a person who is a beneficiary under the Survivor Benefit Plan established by subchapter II of chapter 73 of title 10, United States Code, on the date of the enactment of this Act, the Secretary concerned (as defined in section 101 of title 37, United States Code) shall recompute the amount of that person's annuity as necessary to reflect the amendments made by this section.

Makes the rate of dependency and indemnity compensation (DIC) for the surviving spouse of a veteran who was awarded the Purple Heart the same as the rate of compensation for service-connected disability or death that would be paid to a veteran if the veteran were not deceased (thereby continuing the DIC payment beyond the veteran's death). Makes annuities under the Survivor Benefit Plan 100 percent of the base amount. (Currently, such annuities are specified percentages of such base amount based on age.) Repeals: (1) the requirement for annuity reduction at age 62; and (2) an alternative computation of such annuity for certain beneficiaries. Requires the recomputation of existing annuities due to amendments made by this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Land Sovereignty Protection Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the power to dispose of and make all necessary rules governing property belonging to the United States is vested in Congress under section 3 of article IV of the Constitution; (2) some Federal property designations under international agreements concern land use policies and regulations for property belonging to the United States that, under section 3 of article IV of the Constitution, can be implemented only by an Act of Congress; (3) some international property designations, such as those under the United States Biosphere Reserve Program and the Man and Biosphere Program of the United Nations Scientific, Educational, and Cultural Organization, operate under independent national committees, such as the United States National Man and Biosphere Committee, that have no legislative directive or authorization from Congress; (4) actions by the United States in making such designations may affect the use and value of nearby non-Federal property; (5) the sovereignty of the States is a critical component of our Federal system of government and a bulwark against the unwise concentration of power; (6) private property rights are essential for the protection of freedom; (7) actions by the United States to designate property belonging to the United States under international agreements in some cases conflict with congressional constitutional responsibilities and the sovereign powers of the States; and (8) actions by the President in applying certain international agreements to property owned by the United States diminish the authority of Congress to make rules respecting the property. (b) Purposes.--The purposes of this Act are-- (1) to reaffirm the power of Congress under section 3 of article IV of the Constitution over international agreements that concern disposal, management, and use of property belonging to the United States; (2) to protect State powers not reserved to the Federal Government under the Constitution from Federal actions designating property under international agreements; (3) to ensure that no United States citizen suffers any diminishment or loss of individual rights as a result of Federal action designating property under an international agreement for the purpose of imposing restrictions on use of the property; (4) to protect private interests in property from diminishment as a result of Federal action designating property under international agreements; and (5) to provide a process under which the United States may, when it is desirable to do so, designate property under an international agreement. SEC. 3. CLARIFICATION OF CONGRESSIONAL ROLE IN WORLD HERITAGE SITE LISTING. Section 401 of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1) is amended-- (1) by striking ``Sec. 401. (a)'' and inserting the following: ``SEC. 401. PARTICIPATION BY THE UNITED STATES. ``(a) In General.--''; (2) in the first sentence of subsection (a)-- (A) by striking ``The Secretary of the Interior'' and inserting ``Subject to subsections (b), (c), (d), and (e), the Secretary of the Interior (referred to in this section as the `Secretary')''; and (B) by inserting ``(referred to in this section as the `Convention')'' after ``1973''; (3) in subsection (b)-- (A) by striking ``(b) The Secretary of the Interior'' and inserting ``(b) Nomination of Property to World Heritage Committee.--The Secretary''; and (B) in the fourth sentence-- (i) by striking ``Representatives and'' and inserting ``Representatives,''; and (ii) by inserting before the final period ``, and the appropriate State and local governments''; (4) in subsection (c), by striking ``(c) No non-Federal property may be nominated by the Secretary of the Interior'' and inserting ``(c) Nomination of Non-Federal Property to World Heritage Committee.--No non-Federal property may be nominated by the Secretary''; and (5) by adding at the end the following: ``(d) Requirements for Nomination of Properties.--The Secretary shall not nominate a property under subsection (b) unless-- ``(1) the Secretary publishes a proposed nomination in the Federal Register and conducts a proceeding under sections 555, 556, and 557, of title 5, United States Code; ``(2) the Secretary, in carrying out the proceeding described in paragraph (1)-- ``(A) considers-- ``(i) natural resources associated with the property proposed to be nominated and other property located within 10 miles of the property to be nominated; and ``(ii) the impact that inclusion of the property proposed to be nominated on the World Heritage List would have on existing and future uses of the property proposed to be nominated or other property located within 10 miles of the property to be nominated; and ``(B) determines that commercially viable uses (in existence on the date of the nomination) of the property proposed to be nominated and of other property located within 10 miles of the property proposed to be nominated will not be adversely affected by inclusion of the property on the World Heritage List; and ``(3) the Secretary submits to Congress a report that-- ``(A) contains the information described in subparagraphs (A) and (B); ``(B) describes the necessity for including the property on the list; and ``(C) proposes legislation authorizing nomination of the property; and ``(4) the nomination is specifically authorized by an Act of Congress enacted after the date of the report. ``(e) Objection to Inclusion of Property.--The Secretary shall object to the inclusion of property in the United States on the list of World Heritage in Danger established under Article 11.4 of the Convention, unless-- ``(1) the Secretary submits to Congress the report required under subsection (d)(1)(C); and ``(2) the Secretary is specifically authorized to assent to the inclusion of the property on the list by an Act of Congress enacted after the date of submission of the report under paragraph (1). ``(f) Decisionmaking.--Notwithstanding any provision of the Convention, all land management decisions with respect to any Federal or State land shall remain the responsibility of the land management agency that administers the land.''. SEC. 4. PROHIBITION AND TERMINATION OF UNAUTHORIZED UNITED NATIONS BIOSPHERE RESERVES. Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is amended by adding at the end the following: ``SEC. 403. PROHIBITION AND TERMINATION OF UNAUTHORIZED UNITED NATIONS BIOSPHERE RESERVES. ``(a) In General.--No Federal official may nominate property in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization unless-- ``(1) the Secretary of State publishes a proposed nomination in the Federal Register and conducts a proceeding under sections 555, 556, and 557, of title 5, United States Code; ``(2) the Secretary of State, in carrying out the proceeding described in paragraph (1)-- ``(A) considers-- ``(i) natural resources associated with the property proposed to be nominated and other property located within 10 miles of the property to be nominated; and ``(ii) the impact that inclusion of the property proposed to be designated as a Biosphere would have on existing and future uses of the property proposed to be nominated or other property located within 10 miles of the property to be nominated; ``(B) determines that commercially viable uses (in existence on the date of the nomination) of the property proposed to be nominated and of other property located within 10 miles of the property proposed to be nominated will not be adversely affected by designation of the property as a Biosphere; and ``(3) the Secretary of State submits to Congress a report that-- ``(A) contains the information described in subparagraphs (A) and (B); ``(B) describes the necessity for including the property in the program; and ``(C) proposes legislation authorizing nomination of the property; and ``(4) the nomination is specifically authorized by an Act of Congress enacted after the date of the report. ``(b) Objection to Inclusion of Property.--The Secretary of State shall object to the designation of property in the United States as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization, unless-- ``(1) the Secretary of State submits Congress the report required under subsection (a)(1)(C); and ``(2) the Secretary of State is specifically authorized to assent to the inclusion of the property on the list by an Act of Congress enacted after the date of submission of the report under paragraph (1). ``(c) Properties Designated Before Date of Enactment.--Any designation of property in the United States as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization made before the date of enactment of this section shall terminate on December 31, 2003, unless the Biosphere Reserve-- ``(1) is specifically authorized by a law enacted after the date of enactment of this section and before December 31, 2003; ``(2) consists solely of property that on the date of enactment of this section is owned by the United States; and ``(3) is subject to a management plan that specifically ensures that the use of nearby non-Federal property is not limited or restricted as a result of the designation. ``(d) Decisionmaking.--Notwithstanding any provision of the Convention, all land management decisions with respect to any Federal or State land shall remain the responsibility of the land management agency that administers the land.''. SEC. 5. TECHNICAL AMENDMENTS. Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is amended-- (1) in the last sentence of section 401(b), by striking ``Committee on Natural Resources'' and inserting ``Committee on Resources''; and (2) in section 402, by striking ``Sec. 402. Prior to the approval'' and inserting the following: ``SEC. 402. MITIGATION OF ADVERSE EFFECTS OF FEDERAL UNDERTAKINGS OUTSIDE THE UNITED STATES. ``Prior to the approval''.

American Land Sovereignty Protection Act - Amends the National Historic Preservation Act Amendments of 1980 to prohibit the Secretary of the Interior from nominating any non-federal property for inclusion on the World Heritage List unless the Secretary: (1) publishes a proposed nomination in the Federal Register and conducts required hearings; (2) considers natural resources in the area, as well as the impact that inclusion would have on existing and future property uses; (3) determines that commercially viable uses of the property and adjacent property within ten miles will not be adversely affected by inclusion; and (4) submits a report to Congress describing the necessity of such inclusion and proposing legislation authorizing such nomination.Requires the Secretary to object to inclusion of property on the World Heritage in Danger list unless the Secretary: (1) submits such report to Congress; and (2) is specifically authorized to assent to such inclusion by an Act of Congress.Prohibits any Federal official from nominating property for designation as a Biosphere Reserve unless the Secretary of State: (1) publishes such proposed nomination and conducts required hearings; (2) makes the same considerations and submits the same type of report as required of the Secretary for inclusion on the World Heritage List and the nomination is specifically authorized by an Act of Congress. Requires such Secretary to object to such a designation unless such report is submitted and such Secretary is specifically authorized to assent to such inclusion by an Act of Congress. Provides transitional provisions for property so designated before the enactment of this Act.

SECTION 1. SHORT TITLE, FINDINGS. (a) Short Title.--This Act may be cited as ``Fire Safe Cigarette Act of 1994''. (b) Findings.--The Congress finds that-- (1) cigarette ignited fires are the leading cause of fire deaths in the United States, (2) in 1990 there were 1,200 deaths from cigarette ignited fires, 3,360 civilian injuries from such fires, and $400 million in property damage caused by such fires, (3) over 100 children are killed each year from cigarette related fires, (4) the results accomplished under the Cigarette Safety Act of 1984 and the Fire Safe Cigarette Act of 1990 complete the necessary technical work for a cigarette fire safety standard, (5) it is appropriate for the Congress to require by law the establishment of a cigarette fire safety standard for the manufacture and importation of cigarettes, (6) the most recent study by the Consumer Product Safety Commission found that the cost of the loss of human life and personal property from not having a cigarette fire safety standard is $4,000,000,000 a year, and (7) it is appropriate that the regulatory expertise of the Consumer Product Safety Commission be used to implement a cigarette fire safety standard. SEC. 2. CIGARETTE FIRE SAFETY STANDARD. (a) In General.--Not later than one year after the date of the enactment of this Act, the Consumer Product Safety Commission shall by rule issue a cigarette fire safety standard for cigarettes to reduce the risk of ignition presented by cigarettes. In establishing the standard the Commission shall-- (1) consult with the National Institute of Standards and Technology and make use of its capabilities as it deems necessary and seek the advice and expertise of other Federal and State agencies engaged in fire safety, and (2) take into account the final report to the Congress made by the Commission and the Technical Advisory Group established under section 3 of the Fire Safe Cigarette Act of 1990 in which it was found that cigarettes with a low ignition propensity are already on the market. (b) Stockpiling.--The Commission shall include in the rule issued under subsection (a) a prohibition of stockpiling of cigarettes to which the standard issued under subsection (a) will not apply. For purposes of this subsection, the term ``stockpile'' means the manufacturing or importing of a cigarette between the date a standard is issued under subsection (a) and the date the standard is to take effect at a rate greater than the rate the cigarettes were manufactured or imported for the one year period ending on the date the standard was issued. (c) Procedure.--The rule under subsection (a) shall be issued in accordance with section 553 of title 5, United States Code. (d) Effective Date.--The Commission shall prescribe the effective date of the rule issued under subsection (a), except that such date may not be later than 2 years after the date of the enactment of this Act. (e) Judicial Review.-- (1) General rule.--Any person who is adversely affected by a rule issued under subsection (a) may, at any time before the 60th day after the Commission issues the rule, file a petition with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which such person resides or has its principal place of business to obtain judicial review of the rule. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Commission shall file in the court the record of the proceedings on which the Commission based the rule as provided in section 2112 of title 28, United States Code. (2) Additional evidence.--If the petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there was no opportunity to adduce such evidence in the proceeding before the Commission, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Commission in a hearing or in such other manner, and upon such terms and conditions, as the court deems proper. The Commission may modify the Commission's findings as to the facts, or make new findings, by reason of the additional evidence so taken, and the Commission shall file such modified or new findings, and the Commission's recommendations, if any, for the modification of the rule. (3) Court jurisdiction.--Upon the filing of a petition under paragraph (1), the court shall have jurisdiction to review the rule of the Commission, as modified, in accordance with chapter 7 of title 5, United States Code. SEC. 3. ENFORCEMENT. (a) Prohibition.--No person may manufacture or import a cigarette unless the cigarette is in compliance with a cigarette fire safety standard issued under section 2(a). (b) Penalty.--A violation of subsection (a) shall be considered a violation of section 19 of the Consumer Product Safety Act. SEC. 4. PREEMPTION. (a) In General.--This Act and the cigarette fire safety standard promulgated under section 2(a) do not preempt or otherwise affect in any way any law of a State or political subdivision which prescribes a fire safety standard for cigarettes which is more stringent than the standard promulgated under section 2(a). (b) Defenses.--In any civil action for damages compliance with the fire safety standard promulgated under section 2(a) may not be admitted as a defense. SEC. 5. DEFINITIONS. For purposes of this Act: (1) The term ``Commission'' means the Consumer Product Safety Commission. (2) The term ``cigarette'' has the meaning prescribed by section 3 of the Federal Cigarette Labeling and Advertising Act.

Fire Safe Cigarette Act of 1994 - Directs the Consumer Product Safety Commission to issue by rule a fire safety standard for cigarettes. Prohibits stockpiling of cigarettes between the issuing and effective dates of the standard. Provides for judicial review of the standard. Prohibits manufacture or importing of cigarettes unless in compliance with such standard. States that this Act and the standard issued under it does not preempt any law of a State which prescribes a more stringent fire safety standard for cigarettes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ecstasy Prevention Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The illegal importation and use of 3,4-methylenedioxy methamphetamine (referred to in this Act as ``MDMA'' or ``Ecstasy'') has increased more than 400 percent during the past 3 years, as evidenced by Ecstasy seizures by the United States Customs Service. (2) Some research has indicated that the use of Ecstasy can cause long-lasting and perhaps permanent damage to the serotonin system of the brain, and can cause long-term problems with learning and memory. (3) Due to the popularity and marketability of Ecstasy, and the skyrocketing use, seizures, and deaths, greater emphasis needs to be placed on-- (A) the education of young people on the negative health effects of Ecstasy (and other club drugs) since the reputation of Ecstasy as a ``safe drug'' is its most dangerous component; (B) the education of State and local law enforcement agencies and health care professionals and personnel regarding the growing problem of Ecstasy use and trafficking; (C) adequate funding for the National Institutes of Health to support and report on research that documents the health effects of Ecstasy use; and (D) State and local government initiatives. SEC. 3. GRANTS FOR ECSTASY ABUSE PREVENTION. Section 506B(c) of title V of the Public Health Service Act is amended by adding at the end the following: ``(3) Effective programs.-- ``(A) In general.--In addition to the priority under paragraph (2), the Administrator shall give priority to communities that have taken measures to combat club drug use, including passing ordinances restricting rave clubs, increasing law enforcement on Ecstasy, and seizing lands under nuisance abatement laws to make new restrictions on an establishment's use. ``(B) State priority.--A priority grant may be made to a State under this paragraph on a pass-through basis to an eligible community.''. SEC. 4. COMBATING ECSTASY AND OTHER CLUB DRUGS IN HIGH INTENSITY DRUG TRAFFICKING AREAS. (a) Program.-- (1) In general.--The Director of the Office of National Drug Control Policy shall use amounts available under this section to combat the trafficking of MDMA in areas designated by the Director as high intensity drug trafficking areas. (2) Activities.--In meeting the requirement in paragraph (1), the Director shall transfer funds to assist anti-Ecstasy law enforcement initiatives in high intensity drug trafficking areas, including assistance for investigative costs, intelligence enhancements, technology improvements, and training. (b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section-- (A) $15,000,000 for fiscal year 2002; and (B) such sums as may be necessary for each of the fiscal years 2003 through 2005. (2) No supplanting.--Any Federal funds received under this section shall be used to supplement, not supplant, non-Federal funds that would otherwise be used to carry out activities funded under this section. (c) Apportionment of Funds.--The Director shall apportion amounts appropriated for a fiscal year pursuant to the authorization of appropriations in subsection (b) for activities under subsection (a) among and within areas designated by the Director and based on the threat assessments submitted by individual high intensity drug trafficking areas. SEC. 5. NATIONAL YOUTH ANTIDRUG MEDIA CAMPAIGN. (a) In General.--In conducting the national media campaign under section 102 of the Drug-Free Media Campaign Act of 1998, the Director of the Office of National Drug Control Policy shall ensure that such campaign addresses the reduction and prevention of abuse of MDMA and club and emerging drugs among young people in the United States. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section-- (1) $7,000,000 for fiscal year 2002; and (2) such sums as are necessary for each of the fiscal years 2003 through 2005. SEC. 6. MDMA DRUG TEST. There are authorized to be appropriated to the Office of National Drug Control Policy such sums as are necessary to commission a drug test for MDMA which would meet the standards for the Federal Workplace. SEC. 7. NATIONAL INSTITUTE ON DRUG ABUSE REPORT. (a) Research.--The Director of the National Institute on Drug Abuse (referred to in this section as the ``Director'') shall conduct research-- (1) that evaluates the effects that MDMA use can have on an individual's health, such as-- (A) physiological effects such as changes in ability to regulate one's body temperature, stimulation of the cardiovascular system, muscle tension, teeth clenching, nausea, blurred vision, rapid eye movement, tremors, and other such conditions, some of which can result in heart failure or heat stroke; (B) psychological effects such as mood and mind altering and panic attacks which may come from altering various neurotransmitter levels such as serotonin in the brain; (C) short-term effects like confusion, depression, sleep problems, severe anxiety, paranoia, hallucinations, and amnesia; and (D) long-term effects on the brain with regard to memory and other cognitive functions, and other medical consequences; and (2) documenting those research findings and conclusions with respect to MDMA that are scientifically valid and identify the medical consequences on an individual's health. (b) Final Report.--Not later than January 1, 2003, the Director shall submit a report to the Congress. (c) Report Public.--The report required by this section shall be made public. (d) Authorization of Appropriations.--There is authorized to be appropriated $1,500,000 to carry out this section. SEC. 8. INTERAGENCY ECSTASY/CLUB DRUG TASK FORCE. (a) Establishment.-- (1) In general.--The Director of the Office of National Drug Control Policy shall establish a Task Force on Ecstasy/ MDMA and Emerging Club Drugs (referred to in this section as the ``task force'') which shall-- (A) design, implement, and evaluate the education, prevention, and treatment practices and strategies of the Federal Government with respect to Ecstasy, MDMA, and emerging club drugs; and (B) specifically study the club drug problem and report its findings to Congress. (2) Membership.--The task force shall-- (A) be under the jurisdiction of the Director of the Office of National Drug Control Policy, who shall designate a chairperson; and (B) include as members law enforcement, substance abuse prevention, judicial, and public health professionals as well as representatives from Federal, State, and local agencies. (b) Responsibilities.--The responsibilities of the task force shall be-- (1) to evaluate the current practices and strategies of the Federal Government in education, prevention, and treatment for Ecstasy, MDMA, and other emerging club drugs and recommend appropriate and beneficial models for education, prevention, and treatment; (2) to identify appropriate government components and resources to implement task force recommendations; and (3) to make recommendations to the President and Congress to implement proposed improvements in accordance with the National Drug Control Strategy and its budget allocations. (c) Meetings.--The task force shall meet at least once every 6 months. (d) Termination.--The task force shall terminate 3 years after the date of enactment of this Act. (e) Authorization of Appropriations.--There are authorized to be appropriated $1,000,000 to carry out this section.

Ecstasy Prevention Act of 2001 - Amends the Public Health Service Act to require the Administrator of the Substance Abuse and Mental Health Services Administration to give priority in the award of certain grants to States on a pass-through basis to communities that have taken measures to combat club drug use, including passing ordinances restricting rave clubs, increasing law enforcement on Ecstasy (3,4-methylenedioxy methamphetamine or MDMA), and seizing lands under nuisance abatement laws to make new restrictions on an establishment's use.Requires the Director of the Office of National Drug Control Policy to: (1) use amounts available under this Act to combat the trafficking of Ecstasy in designated high intensity drug trafficking areas; and (2) ensure that the national media campaign under the Drug-Free Media Campaign Act of 1998 addresses the reduction and prevention of abuse of Ecstasy and club and emerging drugs among young people in the United States.Provides for: (1) funding for an Ecstasy drug test which would meet Federal workplace standards; and (2) a mandatory research study by the Director of the National Institute on Drug Abuse that evaluates the effects that Ecstasy use can have on an individual's health.Requires the Director of the Office of National Drug Control Policy to establish an interagency Task Force on Ecstasy/MDMA and Emerging Club Drugs.

SECTION 1. REQUIREMENT FOR FEDERAL CONTRACTORS TO POSSESS SATISFACTORY RECORD OF INTEGRITY AND BUSINESS ETHICS. (a) Defense Contractors.--(1) Chapter 137 of title 10, United States Code, is amended by inserting after section 2305a the following new section: ``Sec. 2305b. Contractor requirement for satisfactory record of integrity and business ethics ``(a) In General.--No prospective contractor may be awarded a contract with an agency under this title unless the contracting officer for the contract determines that such prospective contractor has a satisfactory record of integrity and business ethics, including a record of satisfactory compliance with the law (including tax, labor and employment, environmental, antitrust, and consumer protection laws). ``(b) Information To Be Considered.--In making a determination as to whether a prospective contractor has a satisfactory record of integrity and business ethics, a contracting officer-- ``(1) shall consider all relevant credible information, but shall give the greatest weight to any violations of law that have been adjudicated during the 3-year period preceding the offer by the prospective contractor; ``(2) shall consider any administrative agreements entered into with the prospective contractor if the prospective contractor has taken corrective action after disclosing a violation of law, and may consider such a contractor to be a responsible contractor if the contractor has corrected the conditions that led to the misconduct; ``(3) shall consider failure to comply with the terms of an administrative agreement to be a lack of integrity and business ethics under this section; ``(4) may consider other relevant information, such as civil or administrative complaints or similar actions filed by or on behalf of a Federal agency, board, or commission, if such action reflects an adjudicated determination by the agency; and ``(5) shall consider the following in descending order of importance: ``(A) Convictions of and civil judgments rendered against the prospective contractor for-- ``(i) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State, or local contract or subcontract; ``(ii) violation of Federal or State antitrust law relating to the submission of offers; or ``(iii) commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statement, tax evasion, or receiving stolen property. ``(B) Indictments for the offenses described in subparagraph (A). ``(C) With respect to tax, labor, employment, environmental, antitrust, or consumer protection laws-- ``(i) Federal or State felony convictions; ``(ii) adverse Federal court judgments in civil cases brought by the United States; ``(iii) adverse decisions by a Federal administrative law judge, board, or commission indicating violations of law; and ``(iv) Federal or State felony indictments.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2305a the following new item: ``2305b. Contractor requirement for satisfactory record of integrity and business ethics.''. (b) Other Contractors.--(1) Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is amended by inserting after section 303L the following new section: ``SEC. 303M. CONTRACTOR REQUIREMENT FOR SATISFACTORY RECORD OF INTEGRITY AND BUSINESS ETHICS. ``(a) In General.--No prospective contractor may be awarded a contract with an agency unless the contracting officer for the contract determines that such prospective contractor has a satisfactory record of integrity and business ethics, including a record of satisfactory compliance with the law (including tax, labor and employment, environmental, antitrust, and consumer protection laws). ``(b) Information To Be Considered.--In making a determination as to whether a prospective contractor has a satisfactory record of integrity and business ethics, a contracting officer-- ``(1) shall consider all relevant credible information, but shall give the greatest weight to any violations of law that have been adjudicated during the 3-year period preceding the offer by the prospective contractor; ``(2) shall consider any administrative agreements entered into with the prospective contractor if the prospective contractor has taken corrective action after disclosing a violation of law, and may consider such a contractor to be a responsible contractor if the contractor has corrected the conditions that led to the misconduct; ``(3) shall consider failure to comply with the terms of an administrative agreement to be a lack of integrity and business ethics under this section; ``(4) may consider other relevant information, such as civil or administrative complaints or similar actions filed by or on behalf of a Federal agency, board, or commission, if such action reflects an adjudicated determination by the agency; and ``(5) shall consider the following in descending order of importance: ``(A) Convictions of and civil judgments rendered against the prospective contractor for-- ``(i) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State, or local contract or subcontract; ``(ii) violation of Federal or State antitrust law relating to the submission of offers; or ``(iii) commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statement, tax evasion, or receiving stolen property. ``(B) Indictments for the offenses described in subparagraph (A). ``(C) With respect to tax, labor, employment, environmental, antitrust, or consumer protection laws-- ``(i) Federal or State felony convictions; ``(ii) adverse Federal court judgments in civil cases brought by the United States; ``(iii) adverse decisions by a Federal administrative law judge, board, or commission indicating violations of law; and ``(iv) Federal or State felony indictments.''. (2) The table of sections at the beginning of such Act is amended by inserting after the item relating to section 303L the following new item: ``303M. Contractor requirement for satisfactory record of integrity and business ethics.''. (c) Effective Date.--The amendments made by this section shall apply with respect to contracts for which solicitations are issued after the date of the enactment of this Act.

Amends Federal defense contract law and the Federal Property and Administrative Services Act of 1949 to prohibit a contractor from being awarded a defense or Federal contract unless the Federal contracting officer determines that such contractor has a satisfactory record of integrity and business ethics, including compliance with all applicable laws. Outlines information to be considered by a contracting officer in making such determination, with an emphasis on any violations that have been adjudicated during the prior three-year period, as well as certain convictions of and civil judgments rendered against such contractor.

SECTION 1. COMMEMORATIVE WORK TO HONOR JOHN ADAMS AND HIS LEGACY. (a) Findings.--The Congress finds the following: (1) Few families have contributed as profoundly to the United States as the family that gave the Nation its second president, John Adams; its sixth president, John Quincy Adams; first ladies Abigail Smith Adams and Louisa Catherine Johnson Adams; and succeeding generations of statesmen, diplomats, advocates, and authors. (2) John Adams (1735-1826), a lawyer, a statesman, and a patriot, was the author of the Constitution of the Commonwealth of Massachusetts (the oldest written constitution still in force), the leader of the Second Continental Congress, a driving force for independence, a negotiator of the Treaty of Paris (which brought the Revolutionary War to an end), the first Vice President, the second President, and an unwavering exponent of freedom of conscience and the rule of law. (3) Abigail Smith Adams (1744-1818) was one of the most remarkable women of her time. Wife of former President John Adams and mother of former President John Quincy Adams, she was an early advocate for the rights of women and served the cause of liberty as a prolific writer, fierce patriot, and staunch abolitionist. (4) John Quincy Adams (1767-1848), the son of John and Abigail Adams, was a distinguished lawyer, legislator, and diplomat and a master of 7 languages, who served as Senator, Minister to the Netherlands under President George Washington, Minister to Prussia under the first President Adams, Minister to Great Britain under President James Madison, chief negotiator of the Treaty of Ghent (which ended the War of 1812), Secretary of State under President James Monroe, author of the Monroe Doctrine (which declared the Western Hemisphere off limits to European imperial expansion), sixth President, and the only former President to be elected to the House of Representatives, where he was known as ``Old Man Eloquent'' and served with great distinction as a leader in the fight against slavery and a champion of unpopular causes. (5) Louisa Catherine Johnson Adams (1775-1852), the wife of former President John Quincy Adams, was an educated, accomplished woman and the only first lady born outside the United States. Like Abigail Adams, she wrote eloquently on behalf of the rights of women and in opposition to slavery. (6) Charles Francis Adams (1807-1886), the son of John Quincy and Louisa Adams, served 6 years in the Massachusetts legislature, was a steadfast abolitionist who received the Free Soil Party's vice-presidential nomination in 1848, was elected to his father's seat in the House of Representatives in 1856, and served as ambassador to Great Britain during the Civil War, where his efforts were decisive in preventing the British Government from recognizing the independence of the Confederacy. (7) Henry Adams (1838-1918), the son of Charles Francis Adams, was an eminent writer, scholar, historian, and public intellectual, and was the author of many celebrated works, including ``Democracy'', ``The Education of Henry Adams'', and his 9-volume ``History of the United States during the Administrations of Jefferson and Madison''. (8) Both individually and collectively, the members of this illustrious family have enriched the Nation through their profound civic consciousness, abiding belief in the perfectibility of the Nation's democracy, and commitment to service and sacrifice for the common good. (9) Although the Congress has authorized the establishment of commemorative works on Federal lands in the District of Columbia honoring such celebrated former Presidents as George Washington, Thomas Jefferson, and Abraham Lincoln, the National Capital has no comparable memorial to former President John Adams. (10) In recognition of the 200th anniversary of the end of the presidency of John Adams, the time has come to correct this oversight so that future generations of Americans will know and understand the preeminent historical and lasting significance to the Nation of his contributions and those of his family. (b) Authority to Establish Commemorative Work.--The Adams Memorial Foundation may establish a commemorative work on Federal land in the District of Columbia and its environs to honor former President John Adams, along with his wife Abigail Adams and former President John Quincy Adams, and the family's legacy of public service. (c) Compliance with Standards for Commemorative Works.--The establishment of the commemorative work shall be in accordance with the Commemorative Works Act (40 U.S.C. 1001, et seq.). (d) Use of Federal Funds Prohibited.--Federal funds may not be used to pay any expense of the establishment of the commemorative work. The Adams Memorial Foundation shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of the commemorative work. (e) Deposit of Excess Funds.--If, upon payment of all expenses of the establishment of the commemorative work (including the maintenance and preservation amount provided for in section 8(b) of the Commemorative Works Act (40 U.S.C. 1001, et seq.)), or upon expiration of the authority for the commemorative work under section 10(b) of such Act, there remains a balance of funds received for the establishment of the commemorative work, the Adams Memorial Foundation shall transmit the amount of the balance to the Secretary of the Treasury for deposit in the account provided for in section 8(b)(1) of such Act. SEC. 2. DEFINITIONS. For purposes of this Act, the terms ``commemorative work'' and ``the District of Columbia and its environs'' have the meanings given to such terms in section 2 of the Commemorative Works Act (40 U.S.C. 1002). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Authorizes the Adams Memorial Foundation to establish a memorial in the District of Columbia or its environs to honor former President John Adams, along with his wife Abigail Adams and former President John Quincy Adams, and the family's legacy of public service.

SECTION 1. SHORT TITLE. This Act may be cited as the ``NIST Small Business Cybersecurity Act''. SEC. 2. IMPROVING CYBERSECURITY OF SMALL BUSINESSES. (a) Definitions.--In this section: (1) Director.--The term ``Director'' means the Director of the National Institute of Standards and Technology. (2) Resources.--The term ``resources'' means guidelines, tools, best practices, standards, methodologies, and other ways of providing information. (3) Small business concern.--The term ``small business concern'' has the meaning given such term in section 3 of the Small Business Act (15 U.S.C. 632). (b) Small Business Cybersecurity.--Section 2(e)(1)(A) of the National Institute of Standards and Technology Act (15 U.S.C. 272(e)(1)(A)) is amended-- (1) in clause (vii), by striking ``and'' at the end; (2) by redesignating clause (viii) as clause (ix); and (3) by inserting after clause (vii) the following: ``(viii) consider small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)); and''. (c) Dissemination of Resources for Small Businesses.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Director, in carrying out section 2(e)(1)(A)(viii) of the National Institute of Standards and Technology Act, as added by subsection (b) of this Act, in consultation with the heads of other appropriate Federal agencies, shall disseminate clear and concise resources to help small business concerns identify, assess, manage, and reduce their cybersecurity risks. (2) Requirements.--The Director shall ensure that the resources disseminated pursuant to paragraph (1)-- (A) are generally applicable and usable by a wide range of small business concerns; (B) vary with the nature and size of the implementing small business concern, and the nature and sensitivity of the data collected or stored on the information systems or devices of the implementing small business concern; (C) include elements, that promote awareness of simple, basic controls, a workplace cybersecurity culture, and third-party stakeholder relationships, to assist small business concerns in mitigating common cybersecurity risks; (D) include case studies of practical application; (E) are technology-neutral and can be implemented using technologies that are commercial and off-the- shelf; and (F) are based on international standards to the extent possible, and are consistent with the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.). (3) National cybersecurity awareness and education program.--The Director shall ensure that the resources disseminated under paragraph (1) are consistent with the efforts of the Director under section 401 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7451). (4) Small business development center cyber strategy.--In carrying out paragraph (1), the Director, to the extent practicable, shall consider any methods included in the Small Business Development Center Cyber Strategy developed under section 1841(a)(3)(B) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328). (5) Voluntary resources.--The use of the resources disseminated under paragraph (1) shall be considered voluntary. (6) Updates.--The Director shall review and, if necessary, update the resources disseminated under paragraph (1) in accordance with the requirements under paragraph (2). (7) Public availability.--The Director and the head of each Federal agency that so elects shall make prominently available on the respective agency's public Internet website information about the resources and updates to the resources disseminated under paragraph (1). The Director and the heads shall each ensure that the information they respectively make prominently available is consistent, clear, and concise. (d) Other Federal Cybersecurity Requirements.--Nothing in this section may be construed to supersede, alter, or otherwise affect any cybersecurity requirements applicable to Federal agencies. (e) Funding.--This Act shall be carried out using funds otherwise authorized to be appropriated or made available to the National Institute of Standards and Technology. Passed the House of Representatives October 11, 2017. Attest: KAREN L. HAAS, Clerk.

NIST Small Business Cybersecurity Act (Sec. 2) This bill amends the National Institute of Standards and Technology Act to require the National Institute of Standards and Technology (NIST) to consider small businesses when it facilitates and supports the development of voluntary, consensus-based, industry-led guidelines and procedures to cost-effectively reduce cyber risks to critical infrastructure. NIST must consult with other federal agencies to disseminate, and publish on its website, standard and method resources that small business may use voluntarily to help identify, assess, manage, and reduce their cybersecurity risks. The resources must: (1) include case studies of practical application, (2) be based on international standards to the extent possible, (3) be able to vary with the nature and size of the implementing small business and the sensitivity of the data collected or stored on the information systems, (4) be capable of promoting awareness of third-party stakeholder relationships to assist small businesses in mitigating common cybersecurity risks, and (5) be consistent with the national cybersecurity awareness and education program under the Cybersecurity Enhancement Act of 2014. Other federal agencies may elect to publish the resources on their own websites.

of Approval.-- (1) Introduction and placement on calendar.--If the President submits a formal request under subsection (a)(1) for authorization to use members of the Armed Forces for a military humanitarian operation, then within 1 calendar day of such request, the majority leader of the Senate and the Speaker of the House of Representatives shall introduce an identical joint resolution in the Senate and the House of Representatives calling for consideration of the military humanitarian operation and shall place such resolution directly on the calendar of the respective House. (2) Floor consideration.-- (A) In general.--It shall be in order for any Member of the respective House to move to proceed to the consideration of a resolution introduced under paragraph (1), and all points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of. (B) Debate.--Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 4 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (C) Vote on final passage.--Immediately following the conclusion of the debate on the resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. The vote shall occur not later than 48 hours after submission of a formal request under subsection (a)(1), unless the President waives such deadline, in which case the vote in each House shall occur on the next calendar day each respective House is in session. (D) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in paragraph (1) shall be decided without debate. (3) Coordination with action by other house.--If, before the passage by one House of a resolution of that House described in paragraph (1), that House receives from the other House a resolution described in paragraph (1)-- (A) the resolution of the other House shall not be referred to a committee; and (B) with respect to the resolution of the House receiving the resolution, the procedure in the receiving House shall be the same as if no joint resolution had been received from the other House until the vote on final passage, when the joint resolution received from the other House shall supplant the joint resolution of the receiving House. (4) Rules of house of representatives and senate.--This subsection is enacted by Congress-- (A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in paragraph (1), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. SEC. 4. SEVERABILITY. If any provision of this Act is held to be unconstitutional, the remainder of the Act shall not be affected.

Military Humanitarian Operations Act of 2012 - Prohibits the President from deploying members of the Armed Forces into the territory, airspace, or waters of a foreign country for a military humanitarian operation unless: (1) the President submits to Congress a formal authorization request, and (2) Congress enacts a specific authorization. Defines a "military humanitarian operation" as a military operation involving the deployment of members or weapons systems of the Armed Forces where hostile activities are reasonably anticipated and with the aim of preventing or responding to a humanitarian catastrophe, including its regional consequences, or addressing a threat posed to international peace and security. Provides for the consideration of a joint resolution of approval of such use.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Carbon Neutral Government Act of 2009''. SEC. 2. AUTHORIZATION TO PURCHASE OFFSETS AND CREDITS. (a) Federal Authorities.--Subject to the requirements of this Act, each executive agency (as defined in section 105 of title V of the United States Code) and each legislative branch office is authorized to use appropriated funds to purchase either or both of the following in any open market transaction, that complies with all applicable procurement rules and regulations and is approved in accordance with subsection (c): (1) Qualified tradeable greenhouse gas offsets. (2) Qualified tradeable renewable energy credits. (b) Qualification of Offsets and Credits.--A tradeable greenhouse gas offset or renewable energy credit shall be treated as qualified for purposes of this section if the Secretary of Energy certifies the generator of such offset or credit. Upon the application of any person generating or planning to generate any such offsets or credits, the Secretary shall certify the generator if the Secretary determines that the generator meets, or will, upon implementation, meet, such requirements as the Secretary deems necessary, under rules promulgated by the Secretary, to ensure that the offsets or credits generated will represent the reduction of greenhouse gases as specified or estimated in the offset (in the case of an offset) or in the generation of the amount of renewable energy which the credit represents or is estimated to represent (in the case of a credit). A reduction in greenhouse gases that the Secretary determines would have occurred in the absence of the opportunity to sell an offset for such reduction shall not be treated as a qualified offset for purposes of this Act. (c) Approval of Open Market Transactions.--The Secretary of Energy shall promulgate rules, after notice and opportunity for comment, regarding the open market transactions (involving qualified tradeable greenhouse gas offsets and qualified tradeable renewable energy credits) that will be treated as approved for purposes of this Act. Such rules shall accommodate forward purchasing and crediting of offsets and credits on an estimated basis from small scale offset and renewable energy generators, and other open market transactions that are useful in enabling short-term purchases of greenhouse gas offsets and renewable energy credits to contribute meaningfully to the implementation of small scale offset and renewable energy generators. (d) Definitions.--For purposes of this Act: (1) Greenhouse gas offset.--The term ``greenhouse gas offset'' means the reduction in emissions of greenhouse gases that results from an action or actions undertaken for the purpose, among others, of reducing greenhouse gas emissions (including the generation of renewable energy), where: (A) such action or actions would not have occurred in the absence of the opportunity to sell an offset for the resulting reductions; (B) the party claiming credit for the reductions has acquired the exclusive legal rights to claim credit for the reductions; and (C) such exclusive legal rights can be verified and approved by the Secretary through an auditable contract path or other system established by the Secretary. (2) Greenhouse gas.--The term ``greenhouse gas'' includes carbon dioxide, methane, nitrous oxide, and fluorinated gases. (3) Renewable energy credit.--The term ``renewable energy credit'' means all of the environmental attributes associated with a single unit of energy generated by a renewable energy source where: (A) those attributes are transferred or recorded separately from that unit of energy; (B) the party claiming ownership of the credit has acquired the exclusive legal ownership of all, and not less than all, the environmental attributes associated with that unit of energy; and (C) exclusive legal ownership of the credit can be verified and approved by the Secretary through an auditable contract path or other system established by the Secretary. (4) Renewable energy.--The term ``renewable energy'' means electric energy generated from solar, wind, biomass, landfill gas, ocean (including tidal, wave, current, and thermal), geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project. (5) Tradeable.--The term ``tradeable'' when used in connection with an offset or credit means that the offset or credit is available for purchase and sale in an open and transparent market. (e) Effective Date.--The authority of section 1 shall take effect for fiscal years after the enactment of this Act.

Carbon Neutral Government Act of 2009 - Authorizes federal agencies and legislative branch offices to purchase qualified tradeable: (1) greenhouse gas (GHG) offsets; and (2) renewable energy credits. Requires the Secretary of Energy to promulgate rules regarding approved open market transactions involving such offsets and credits. Requires such rules to accommodate forward purchasing and crediting of offsets and credits on an estimated basis from small scale offset and renewable energy generators and other open market transactions that help enable short-term purchases of offsets and credits to contribute to the implementation of such generators. Defines "greenhouse gas offsets" to mean a reduction in GHG emissions that results from actions that would not have occurred in the absence of the opportunity to sell an offset for the resulting reduction.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Success Act of 1999''. TITLE I--AUTHORIZATION OF HUMAN CAPITAL INVESTMENT CONTRACTS SEC. 101. PURPOSE; LAWFULNESS OF INSTRUMENTS; PREEMPTION OF STATE LAW. (a) Purpose.--It is the purpose of this title to authorize individuals to enter into contracts for the purposes of obtaining funds for the payment of tuition and other related expenses of postsecondary education by agreeing to pay to the holder of the contract a specified percentage of the individual's future earned income. (b) Lawfulness of Contracts; Preemption.--Any human capital investment contract that complies with the requirements of section 102 shall be a valid, binding, and enforceable contract notwithstanding any State law limiting or otherwise regulating assignments of future wages or other income. SEC. 102. TERMS AND CONDITIONS OF HUMAN CAPITAL INVESTMENT CONTRACTS. (a) Definition of Human Capital Investment Contract.--For purposes of this title, the term ``human capital investment contract'' means an agreement between an eligible student and any other person under which the eligible student sells and assigns specified percentages of the eligible student's future income, for a specified period of time, in exchange for payments to or on behalf of such student for-- (1) the tuition and related expenses of attendance by the student at an eligible institution, and (2) any income taxes owed by the student as a consequence of the receipt of such payments. (b) Terms and Conditions of Agreements.--A human capital investment contract complies with the requirements of this section if the contract complies with each of the following conditions: (1) Specified percentage of earned income.--A human capital investment contract shall specify the percentages of future earned income which the student will be obligated to pay, except that the contract-- (A) shall specify the maximum amount of earned income for each year to which such specified percentage shall apply; (B) shall provide a schedule of reductions in such percentage if the student's earned income from full- time employment is less than amounts specified in the contract; and (C) may specify a schedule of increases in such percentage if the student obtains a deferral under paragraph (6), subject to the limitation in paragraph (2). (2) Aggregate limitation on obligation.--No eligible student may enter into any human capital investment contract if the total percentage of such student's future earned income that the student agrees to pay under that contract, and any other human capital investment contracts of such student, exceeds 20 percent of such future earned income. (3) Specified duration; extension of period for deferrals.--A human capital investment contract shall specify the maximum period of time during which the student will be obligated to pay a portion of the student's future earned income from full-time employment, except that-- (A) except as provided in subparagraph (B), such period may not exceed 180 months; and (B) such contract may provide that such period may be extended by the number of months during which the student obtains a deferral of payments under paragraph (5) or (6). (4) Commencement of repayment.--A human capital investment contract shall provide that the student is not obligated to commence payments, and that the deferral period in paragraph (5) does not begin to toll, until the student-- (A) ceases to carry at an eligible institution at least the minimum academic workload set forth in the contract; or (B) ceases to be eligible to meet the deferral requirements set forth in paragraph (6). (5) Deferral for under-employment or unemployment.--A human capital investment contract shall provide that the student may obtain a deferral of the obligation to make payments under the contract during any period in which the student is unemployed, except that the contract may provide that, if the student is unemployed for longer than a maximum period specified in the contract, the student agrees to extinguish obligations under the contract by payment of-- (A) the amounts determined in accordance with paragraph (7), and (B) any related administrative costs of collecting such amounts, including attorney's fees. (6) Deferral during periods of graduate study.--A human capital investment contract shall provide that a student who is enrolled or accepted for enrollment in a postgraduate degree program is not obligated to commence payments under the contract until the student ceases to carry a full-time academic workload leading to such a degree at an eligible institution, except that the contract may provide that the maximum period for which payments may be deferred pursuant to this paragraph shall not exceed 48 months. (7) Accelerated repayment.--A human capital investment contract shall specify the terms and conditions by which the student may extinguish the student's obligations under the contract before the end of the payment period specified in the human capital investment contract, based on the remaining term of such period. (c) Required Disclosures.--A human capital investment contract does not comply with the requirements of this section unless the eligible student is provided, before entry into agreement, a disclosure document that clearly and simply discloses that-- (1) the agreement is not a debt instrument, and that the amount the student will be required to pay under the agreement-- (A) may be more or less than the amount provided to the student; and (B) will vary in proportion to the student's future earned income; (2) the obligations of the student under the agreement are not dischargeable under bankruptcy law; (3) the obligations of the student under the agreement may be extinguished by accelerating payments, as specified in the agreement; and (4) the duration of the student's obligations under the agreement (absent such accelerating payments). SEC. 103. DEFINITIONS. As used in this title-- (1) Earned income.-- (A) The term ``earned income'' means compensation and self-employment income. (B) The term ``compensation'' means the gross amount of salaries, wages, and other remunerations earned by the student as an employee, not taking into account any deferred compensation arrangements or any payments to any retirement, pension, or other benefit plan. (C) The term ``self-employment income'' means the net earnings from self-employment, as defined in section 1402 of the Internal Revenue Code of 1986, and regulations prescribed thereunder. (2) Eligible student.--The term ``eligible student'' means any person-- (A) who is a citizen or national of the United States, a permanent resident of the United States, able to provide evidence from the Immigration and Naturalization Service that he or she is in the United States for other than a temporary purpose with the intention of becoming a citizen or permanent resident, or permanent resident of the Trust Territory of the Pacific Islands, Guam, the Northern Mariana Islands; (B) who is enrolled or accepted for enrollment in a degree, certificate, or other program (including a program of study abroad approved for credit by the eligible institution at which such student is enrolled) leading to a recognized educational credential at an eligible institution of higher education; and (C) who is not enrolled in an elementary or secondary school. (3) Eligible institution.--The term ``eligible institution'' means an institution of higher education as such term is defined in section 481(a) of the Higher Education Act of 1965 (20 U.S.C. 1088(a)). (4) Full-time employment; period of no employment.-- Determinations of full-time employment in a given calendar year shall be based on an average employment of 35 hours (or more) per week during such year (a total of 1,820 hours or more for the year). Determinations of period of no employment of a student shall be determined separately for each calendar year and expressed as a whole number of weeks and shall be based on the excess, if any, of 1,820 over the total number of hours of employment of the student during the year, divided by 35, and rounded down to the nearest whole number. (5) State law.-- (A) The term ``State law'' means any law, decision, rule, regulation, or other action having the effect of a law of any State or any political subdivision of a State, or any agency or instrumentality of a State or political subdivision of a State, except that a law of the United States applicable only to the District of Columbia shall be treated as a State law (rather than a law of the United States). (B) The term ``State'' includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, the government of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. TITLE II--TAX TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS SEC. 201. TAX TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS. (a) In General.--Section 7701 of the Internal Revenue Code of 1986 is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection: ``(m) Human Capital Investment Contracts.--A human capital investment contract (as defined in section 102 of the Student Success Act of 1999) shall not be treated as a debt instrument for purposes of this title, and amounts received by the student for entering into such a contract shall be includible in such student's gross income for purposes of subtitle A.'' (b) Depreciation.--Section 167 of the Internal Revenue Code of 1986 (relating to depreciation) is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: ``(h) Human Capital Investment Contracts.--If a depreciation deduction is allowable under subsection (a) with respect to any human capital investment contract (as defined in section 102 of the Student Success Act of 1999), such deduction-- ``(1) shall be allowable beginning with the taxable year during which the student is first obligated to begin payments under the contract, and ``(2) shall be computed by using the straight-line method and a useful life equal to the shorter of-- ``(A) 15 years, or ``(B) the maximum period the student is obligated to make payments under the contract (determined without regard to any extension of such period by reason of a deferral).'' (c) Deduction for Payments.-- (1) In general.--Part VII of subchapter B of chapter 1 of such Code is amended by redesignating section 221 as section 222 and by inserting after section 220 the following new section: ``SEC. 221. PAYMENTS UNDER HUMAN CAPITAL INVESTMENT CONTRACTS. ``In the case of an individual who is obligated to make payments under a human capital investment contract (as defined in section 102 of the Student Success Act of 1999), there shall be allowed as a deduction the amount of such payments made during the taxable year.'' (2) Deduction allowable in determining adjusted gross income.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (16) the following new paragraph: ``(17) Human capital investment contract payments.--The deduction allowed by section 221.'' (3) Clerical amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 221. Payments under human capital investment contracts. ``Sec. 222. Cross reference.'' (d) Qualifying Income of Publicly Traded Partnerships.--Paragraph (1) of section 7704(d) of such Code is amended by striking ``and'' at the end of subparagraph (F), by striking the period at the end of subparagraph (G) and inserting ``, and'', and by inserting after subparagraph (G) the following new subparagraph: ``(H) income derived from, or gain from the sale or other disposition of any human capital investment contract (as defined in section 102 of the Student Success Act of 1999).'' (e) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. TITLE III--SECURITIES LAW TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS SEC. 301. POOLING OF HUMAN CAPITAL INVESTMENT CONTRACTS INTO INVESTMENT COMPANIES. Section 2(a)(36) of the Investment Company Act of 1940 (15 U.S.C. 80a-2) is amended by inserting ``human capital investment contracts (as such term is defined in section 102 of the Student Success Act of 1999),'' after ``relating to foreign currency,''. TITLE IV--BANKRUPTCY LAW TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS SEC. 401. EXCEPTION TO DISCHARGE. Section 523(a) of title 11, United States Code, is amended-- (1) in paragraph (17) by striking ``and'' at the end, (2) in paragraph (18) by striking the period at the end and inserting ``; and'', and (3) by adding at the end the following: ``(19) for a payment owed by the debtor as a result of a payment made to or for the benefit of the debtor, under a human capital investment contract (as defined in section 102 of the Student Success Act of 1999 unless-- ``(A) such payment owed by the debtor first became due more than 7 years (exclusive of any applicable suspension of the debtor's payment period) before the date of the filing of the petition; or ``(B) excepting such debt from discharge under this paragraph will impose an undue hardship on the debtor and the debtor's dependents.''. TITLE V--FEDERAL STUDENT ASSISTANCE TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS SEC. 501. AMOUNTS RECEIVED NOT TREATED AS INCOME IN CALCULATION OF FINANCIAL NEED. Section 480(a) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(a)) is amended-- (1) in paragraph (1), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and (2) by adding at the end the following new paragraph: ``(3) No portion of any amounts received by a student for entering into a human capital investment contract (as defined in section 102 of the Student Success Act of 1997) shall be included as income or assets in the computation of expected family contribution for any program funded in whole or in part under this Act.''.

TABLE OF CONTENTS: Title I: Authorization of Human Capital Investment Contracts Title II: Tax Treatment of Human Capital Investment Contracts Title III: Securities Law Treatment of Human Capital Investment Contracts Title IV: Bankruptcy Law Treatment of Human Capital Investment Contracts Title V: Federal Student Assistance Treatment of Human Capital Investment Contracts Student Success Act of 1999 - Title I: Authorization of Human Capital Investment Contracts - Authorizes individuals to enter into human capital investment contracts (HCICs) for the purposes of obtaining funds for the payment of tuition and other related expenses of postsecondary education by agreeing to pay to the holder of the contract a specified percentage of the individual's future earned income. (Sec. 101) Makes any HCIC that complies with required terms and conditions under this Act a valid, binding, and enforceable contract notwithstanding any State law limiting or otherwise regulating assignments of future wages or other income. (Sec. 102) Sets forth terms and conditions of HCICs, including requirements relating to: (1) specification of the percentages of future earned income which the student will be obligated to pay and of the maximum amount of earned income for each year to which such specified percentage shall apply; (2) a schedule of reductions in such percentage if the student's earned income from full-time employment is less than amounts specified in the contract (and an allowable schedule of limited increases in such percentage if the student obtains a deferral); (3) prohibitions against a student's entering into HCICs where payments exceed 20 percent of future earned income; (4) specification of the maximum period of time during which the student will be obligated to pay a portion of the student's future earned income from full-time employment, up to 180 months, with extensions by the number of deferred months; (5) no obligation to commence payments while carrying at least a minimum academic workload or while eligible for deferrals; (6) deferrals during periods of unemployment (as well as allowing certain payments to extinguish obligation after a maximum period of unemployment); (7) deferrals for up to 48 months of graduate education; (8) accelerated repayment; and (9) required disclosures. Title II: Tax Treatment of Human Capital Investment Contracts - Amends the Internal Revenue Code to provide that: (1) an HCIC shall not be treated as a debt instrument for specified purposes; and (2) amounts received by the student for entering into an HCIC shall be includible in such student's gross income for certain tax purposes. (Sec. 201) Sets forth conditions for allowable depreciation deductions with respect to HCICs. Allows a tax deduction, in determining adjusted gross income, for an individual's obligated payments under an HCIC. Deems income derived from, or gain from the sale or other disposition of, an HCIC as qualifying income which would exempt a publicly traded partnership from treatment as a corporation. Title III: Securities Law Treatment of Human Capital Investment Contracts - Amends the Investment Company Act of 1940 to provide for pooling of HCICs into investment companies. Title IV: Bankruptcy Law Treatment of Human Capital Investment Contracts - Amends Federal bankruptcy law to except from discharge in bankruptcy any payment owed by the debtor as a result of a payment made to or for the benefit of the debtor under an HCIC, unless: (1) such payment owed by the debtor first became due more than seven years (exclusive of any applicable suspension of the debtor's payment period) before the date of the filing of the petition for bankruptcy; or (2) excepting such debt from discharge will impose an undue hardship on the debtor and the debtor's dependents. Title V: Federal Student Assistance Treatment of Human Capital Investment Contracts - Amends the Higher Education Act of 1965 (HEA) to provide that no portion of any amounts received by a student for entering into an HCIC shall be included as income or assets in the computation of expected family contribution for any program funded in whole or in part under HEA.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Project BioShield Material Threats Act of 2007''. SEC. 2. MATERIAL THREATS. (a) In General.--Section 319F-2(c)(2)(A) of the Public Health Service Act (42 U.S.C. 247d-6b(c)(2)(A)) is amended-- (1) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively; (2) by moving each of such subclauses two ems to the right; (3) by striking ``(A) Material threat.--The Homeland Security Secretary'' and inserting the following: ``(A) Material threat.-- ``(i) In general.--The Homeland Security Secretary''; and (4) by adding at the end the following clauses: ``(ii) Use of existing risk assessments.-- For the purpose of satisfying the requirements of clause (i) as expeditiously as possible, the Homeland Security Secretary shall, as practicable, utilize existing risk assessments that such Secretary considers credible. ``(iii) Order of assessments.-- ``(I) Groupings to facilitate assessment of countermeasures.--In conducting threat assessments and determinations under clause (i) of chemical, biological, radiological, and nuclear agents, the Homeland Security Secretary shall, to the extent practicable and appropriate, consider the completion of such assessments and determinations for groups of agents toward the goal of facilitating the assessment of countermeasures under paragraph (3) by the Secretary of Health and Human Services. ``(II) Categories of countermeasures.--The grouping of agents under subclause (I) by the Homeland Security Secretary shall be designed to facilitate assessments under paragraph (3) by the Secretary of Health and Human Services regarding the following two categories of countermeasures: ``(aa) Countermeasures that may address more than one agent identified under clause (i)(II). ``(bb) Countermeasures that may address adverse health consequences that are common to exposure to different agents. ``(III) Rule of construction.--A particular grouping of agents pursuant to subclause (II) is not required under such subclause to facilitate assessments of both categories of countermeasures described in such subclause. A grouping may concern one category and not the other. ``(iv) Time frame for completion of certain national-security determinations.--With respect to chemical, biological, radiological, and nuclear agents known to the Homeland Security Secretary as of the day before the date of the enactment of this clause, and which such Secretary considers to be capable of significantly affecting national security, such Secretary shall complete the determinations under clause (i)(II) not later than December 31, 2007. ``(v) Report to congress.--Not later than 30 days after the date on which the Homeland Security Secretary completes a material threat assessment under clause (i) or a risk assessment for the purpose of satisfying such clause, the Secretary shall submit to Congress a report containing the results of such assessment. ``(vi) Definition.--For purposes of this subparagraph, the term `risk assessment' means a scientific, technically-based analysis of agents that incorporates threat, vulnerability, and consequence information.''. (b) Authorization of Appropriations.--Section 521(d) of the Homeland Security Act of 2002 (6 U.S.C. 321-j(d)) is amended-- (1) in paragraph (1), by striking ``2006,'' and inserting ``2009,''; and (2) by adding at the end the following: ``(3) Additional authorization of appropriations regarding certain threat assessments.--For the purpose of providing an additional amount to the Secretary to assist the Secretary in meeting the requirements of clause (iv) of section 319F- 2(c)(2)(A)) of the Public Health Service Act (relating to time frames), there are authorized to be appropriated such sums as may be necessary for fiscal year 2008, in addition to the authorization of appropriations established in paragraph (1). The purposes for which such additional amount may be expended include conducting risk assessments regarding clause (i)(II) of such section when there are no existing risk assessments that the Secretary considers credible.''.

Project Bioshield Material Threats Act of 2007 - Amends the Public Health Service Act to require the Secretary of Homeland Security (the Secretary) to utilize existing risk assessments to assess current and emerging threats of chemical, biological, radiological, and nuclear agents and determine which of such agents present a material threat against the U.S. population sufficient to affect national security. Requires the Secretary to group such assessments to facilitate assessments by the Secretary of Health and Human Services on the availability and appropriateness of specific countermeasures to address more than one such agent or address adverse health consequences that are common to exposure to different agents. Requires the Secretary to complete assessments by December 31, 2007, for those agents known to the Secretary by the date of enactment of this Act that are capable of significantly affecting national security and to submit the results to Congress. Amends the Homeland Security Act of 2002 to reauthorize appropriations through FY2009 for the Secretary to carry out such terror threat assessments. Authorizes additional appropriations to enable the Secretary to meet the deadlines established under this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Benefits Improvement Act of 1993''. SEC. 2. ADJUSTMENTS IN EXEMPT AMOUNT FOR PURPOSES OF THE RETIREMENT TEST. (a) Increase in Exempt Amount for Individuals Who Have Attained Retirement Age.--Section 203(f)(8)(D) of the Social Security Act (42 U.S.C. 403(f)(8)(D)) is amended to read as follows: ``(D)(i) Notwithstanding any other provision of this subsection, the exempt amount which is applicable to an individual who has attained retirement age (as defined in section 216(1)) before the close of the taxable year involved shall be-- ``(I) for the taxable year beginning after 1993 and before 1995, $1,000.00, ``(II) for the taxable year beginning after 1994 and before 1996, $1,166.66\2/3\, ``(III) for the taxable year beginning after 1995 and before 1997, $1,333.33\1/3\, ``(IV) for the taxable year beginning after 1996 and before 1998, $1,500.00, and ``(V) for the taxable year beginning after 1997 and before 1999, $1,666.66\2/3\. ``(ii) For purposes of subparagraph (B)(ii)(II), the increase in the exempt amount provided under clause (i)(V) shall be deemed to have resulted from a determination which shall be deemed to have been made under subparagraph (A) in 1997.''. (b) Conforming Amendment.--The second sentence of section 223(d)(4) of such Act (42 U.S.C. 423(d)(4)) is amended by striking ``the exempt amount under section 203(f)(8) which is applicable to individuals described in subparagraph (D) thereof'' and inserting the following: ``an amount equal to the exempt amount which would have been applicable under section 203(f)(8), to individuals described in subparagraph (D) thereof, if section 2 of the Social Security Benefits Improvement Act of 1993 had not been enacted''. (c) Effective Date.--The amendments made by this section shall apply with respect to taxable years beginning after 1993. SEC. 3. ADJUSTMENT IN RATE OF ACTUARIAL REDUCTION IN AMOUNT OF WIDOW'S AND WIDOWER'S INSURANCE BENEFITS SO AS TO REDUCE MAXIMUM REDUCTIONS TO 25 PERCENT. (a) In General.--Section 202(q)(1)(A) of the Social Security Act (42 U.S.C. 402(q)(1)(A)) is amended by striking ``\19/40\ of 1 percent'' and inserting ``\5/12\ of 1 percent''. (b) Conforming Amendments.-- (1) Section 202(q)(9) of such Act (42 U.S.C. 402(q)(9)) is amended by striking ``28.5 percent'' each place it appears and inserting ``25.0 percent''. (2) Section 202(q)(10) of such Act (42 U.S.C. 402(q)(10)) is amended by striking ``\19/40\ of 1 percent'' each place it appears and inserting ``\5/12\ of 1 percent''. (c) Effective Date and Transition Rule.-- (1) Effective date.--The amendments made by this section shall apply with respect to benefits for months after January 1994. (2) Transition rule.--Section 1634 of the Social Security Act (42 U.S.C. 1383c) is amended by adding at the end the following new subsection: ``(e)(1) In the case of any eligible widow or widower (as defined in paragraph (2)) who is entitled to a widow's or widower's insurance benefit under section 202 (e) or (f) for any month but is not eligible for benefits under this title in that month-- ``(A) such eligible widow or widower shall be deemed for purposes of title XIX to be an individual with respect to whom supplemental security income benefits are paid under this title in that month, if he or she would be eligible for such benefits in the month involved if the amount of the increase described in paragraph (2)(B) in his or her widow's or widower's insurance benefits (and any subsequent cost-of-living adjustments in such benefits under section 215(i)) were disregarded, and ``(B) such eligible widow or widower shall be deemed for purposes of title XIX to be an individual with respect to whom State supplementary payments, of the type referred to in section 1616(a) of this Act or in section 212(a) of Public Law 93-66 which are paid by the Secretary under an agreement referred to in such section 1616(a) or in section 212(b) of Public Law 93-66, are paid in that month, if he or she would be eligible for such payments in the month involved if the amount of the increase described in paragraph (2)(B) in his or her widow's or widower's insurance benefits (and any subsequent cost-of-living adjustments in such benefits under section 215(i)) were disregarded. ``(2) For purposes of paragraph (1), the term `eligible widow or widower' means an individual-- ``(A) who is entitled to a widow's or widower's insurance benefit under section 202 (e) or (f) for January 1994 and with respect to whom a benefit under this title was paid in that month, and ``(B) who, because of the increase in the amount of his or her widow's or widower's insurance benefits which results from the amendments made by subsections (a) and (b) of section 3 of the Social Security Benefits Improvement Act of 1993, is not eligible for benefits under this title in the first month in which such increase is paid to him or her (and in which a retroactive payment of such increase for prior months was not made). ``(3) For purposes of this subsection, the term `benefit under this title' means a supplemental security income benefit under this title, and a State supplementary payment of the type referred to in section 1616(a) (or a payment of the type referred to in section 212(a) of Public Law 93-66) which is paid by the Secretary under an agreement referred to in section 1616(a) (or in section 212(b) of Public Law 93- 66).''. SEC. 4. REPEAL OF 7-YEAR RESTRICTION ON ELIGIBILITY FOR WIDOW'S AND WIDOWER'S INSURANCE BENEFITS BASED ON DISABILITY. (a) Widow's Insurance Benefits.-- (1) In general.--Section 202(e) of the Social Security Act (42 U.S.C. 402(e)) is amended-- (A) in paragraph (1)(B)(ii), by striking ``which began before the end of the period specified in paragraph (4)''; (B) in paragraph (1)(F)(ii), by striking ``(I) in the period specified in paragraph (4) and (II)''; (C) by striking paragraph (4) and by redesignating paragraphs (5) through (9) as paragraphs (4) through (8), respectively; and (D) in paragraph (4)(A)(ii) (as redesignated), by striking ``whichever'' and all that follows through ``begins'' and inserting ``the first day of the seventeenth month before the month in which her application is filed''. (2) Conforming amendments.-- (A) Section 202(e)(1)(F)(i) of such Act (42 U.S.C. 402(e)(1)(F)(i)) is amended by striking ``paragraph (5)'' and inserting ``paragraph (4)''. (B) Section 202(e)(1)(C)(ii)(III) of such Act (42 U.S.C. 402(e)(2)(C)(ii)(III)) is amended by striking ``paragraph (8)'' and inserting ``paragraph (7)''. (C) Section 202(e)(2)(A) of such Act (42 U.S.C. 402(e)(2)(A)) is amended by striking ``paragraph (7)'' and inserting ``paragraph (6)''. (D) Section 226(e)(1)(A)(i) of such Act (42 U.S.C. 426(e)(1)(A)(i)) is amended by striking ``202(e)(4)''. (b) Widower's Insurance Benefits.-- (1) In general.--Section 202(f) of such Act (42 U.S.C. 402(f)) is amended-- (A) in paragraph (1)(B)(ii), by striking ``which began before the end of the period specified in paragraph (5)''; (B) in paragraph (1)(F)(ii), by striking ``(I) in the period specified in paragraph (5) and (II)''; (C) by striking paragraph (5) and by redesignating paragraphs (6) through (9) as paragraphs (5) through (8), respectively; and (D) in paragraph (5)(A)(ii) (as redesignated), by striking ``whichever'' and all that follows through ``begins'' and inserting ``the first day of the seventeenth month before the month in which his application is filed''. (2) Conforming amendments.-- (A) Section 202(f)(1)(F)(i) of such Act (42 U.S.C. 402(f)(1)(F)(i)) is amended by striking ``paragraph (6)'' and inserting ``paragraph (5)''. (B) Section 202(f)(1)(C)(ii)(III) of such Act (42 U.S.C. 402(f)(2)(C)(ii)(III)) is amended by striking ``paragraph (8)'' and inserting ``paragraph (7)''. (C) Section 226(e)(1)(A)(i) of such Act (as amended by subsection (a)(2)) is further amended by striking ``, 202(f)(1)(B)(2), and 202(f)(5)'' and inserting ``and 202(f)(1)(B)(2)''. (c) Effective Date.--The amendments made by this section shall apply with respect to benefits for months after August 1993 for which applications are filed or pending on or after September 1, 1993. SEC. 5. INCREASE IN OASDI CONTRIBUTION AND BENEFIT BASE. Section 230(c) of the Social Security Act (42 U.S.C. 430(c)) is amended-- (1) in the first sentence, by striking ``and'' before ``(2)'', by striking the period at the end of subclause (D) of clause (2) and inserting a comma, and by adding at the end, after and below such subclause (D), the following: ``and (3) the `contribution and benefit base' with respect to remuneration paid (and taxable years beginning) in 1994 shall be the contribution and benefit base which would be determined under this section with respect to remuneration paid (and taxable years beginning) in such year if section 5 of the Social Security Benefits Improvement Act of 1993 had not been enacted, plus $2,100.00.''; (2) in the last sentence, by striking ``in 1982 and subsequent years'' and inserting ``in years beginning after 1981 and ending before 1994''; and (3) by adding at the end the following new sentence: ``For purposes of determining under subsection (b) the `contribution and benefit base' with respect to remuneration paid (and taxable years beginning) in 1995 and subsequent years, the contribution and benefit base determined under clause (3) of the first sentence of this subsection shall be considered to have resulted from the application of such subsection (b) and to be the contribution and benefit base determined (with respect to 1994) under that subsection.''.

Social Security Benefits Improvement Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) increase the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits; (2) increase survivors' benefits for those widows and widowers whose spouses died before they reached age 65; (3) repeal provisions which require that a widow or widower must have become disabled within seven years of their spouse's death or within seven years of the end of their eligibility for benefits as the surviving parent of a young child in order to be eligible for disability benefits; and (4) increase the OASDI contribution and benefit base beginning in 1994.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Venezuelan Liberty Act''. SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN VENEZUELANS. (a) Adjustment of Status.-- (1) In general.--The status of any alien described in subsection (b) shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if the alien-- (A) applies for such adjustment before April 1, 2014; and (B) is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply. (2) Rules in applying certain provisions.--In the case of an alien described in subsection (b) or (d) who is applying for adjustment of status under this section-- (A) the provisions of section 241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(5)) shall not apply; and (B) the Secretary of Homeland Security may grant the alien a waiver on the grounds of inadmissibility under subparagraphs (A) and (C) of section 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)). In granting waivers under subparagraph (B), the Secretary shall use standards used in granting consent under subparagraphs (A)(iii) and (C)(ii) of such section 212(a)(9). (3) 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). Such an alien may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. If the Secretary of Homeland Security grants the application, the Attorney General shall cancel the order. If the Secretary of Homeland Security renders a final administrative 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 who is a national of Venezuela and who has been physically present in the United States for a continuous period, beginning on a date during the required presence period and ending on the date the application for adjustment under such subsection is adjudicated, except an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods not exceeding 180 days. (2) Proof of commencement of continuous presence.--For purposes of establishing that the period of continuous physical presence referred to in paragraph (1) commenced during the required presence period, an alien-- (A) shall demonstrate that the alien, during the required presence period-- (i) applied to the Secretary of Homeland Security for asylum; (ii) was issued an order to show cause under the Immigration and Nationality Act; (iii) was placed in exclusion, deportation, or removal proceedings under such Act; (iv) applied for adjustment of status under section 245 of such Act (8 U.S.C. 1255); (v) applied to the Secretary of Homeland Security for employment authorization; (vi) performed service, or engaged in a trade or business, within the United States which is evidenced by records maintained by the Commissioner of Social Security; or (vii) applied for any other benefit under the Immigration and Nationality Act by means of an application establishing the alien's presence in the United States during the required presence period; or (B) shall make such other demonstration of physical presence as the Secretary of Homeland Security may provide for by regulation. (c) Stay of Removal; Work Authorization.-- (1) In general.--The Secretary of Homeland Security shall provide by regulation for an alien subject to a final order of removal 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 any alien to be removed from the United States if the alien is in removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a), except where the Secretary of Homeland Security has rendered a final administrative determination to deny the application. (3) Work authorization.--The Secretary of Homeland Security 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 Secretary of Homeland Security shall authorize such employment. (d) Adjustment of Status for Spouses and Children.-- (1) In general.--The status of an alien shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if-- (A) the alien is a national of Venezuela; (B) the alien-- (i) is the spouse, child, or unmarried son or daughter of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), except that in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that the son or daughter has been physically present in the United States for a continuous period beginning on a date during the required presence period and ending on the date on which the application for adjustment under this subsection is adjudicated; or (ii) was, at the time at which an alien filed for adjustment under subsection (a), the spouse or child of an alien whose status is adjusted, or was eligible for adjustment, to that of an alien lawfully admitted for permanent residence under subsection (a), and the spouse, child, or child of the spouse has been battered or subjected to extreme cruelty by the alien that filed for adjustment under subsection (a); (C) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; (D) the alien is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply; and (E) applies for such adjustment before April 1, 2014. (2) Proof of continuous presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien-- (A) shall demonstrate that such period commenced during the required presence period in a manner consistent with subsection (b)(2); and (B) shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any period not exceeding 180 days. (e) Availability of Administrative Review.--The Secretary of Homeland Security shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to applicants for adjustment of status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255). (f) No Offset in Number of Visas Available.--When 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. (g) Definition.--For purposes of this Act, the term ``required presence period'' means the period beginning on February 2, 1999, and ending on March 4, 2013. (h) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing contained in this section shall be held to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Secretary of Homeland Security 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.

Venezuelan Liberty Act - Provides for the adjustment to permanent resident status of a national of Venezuela who has maintained a required physical presence in the United States during the period beginning on February 2, 1999, and ending on March 4, 2013, and who, during such period, applied for asylum and was placed in exclusion, deportation, or removal proceedings. Requires individuals to apply for adjustment before April 1, 2014.

SECTION 1. APPLICABILITY OF AUTHORITY TO RELEASE RESTRICTIONS AND ENCUMBRANCES. Section 315(c)(1) of the Federal Maritime Commission Authorization Act of 1990 (Public Law 101-595; 104 Stat. 2988) is amended-- (1) by striking ``3 contiguous tracts'' and inserting ``4 tracts''; and (2) by striking ``Tract A'' and all that follows through the end of the paragraph and inserting the following: ``Tract 1--Commencing at a point N45+ 28, 31" E 198.3 feet from point `A' as shown on plat of survey of `Boundary Agreement of CAFB' by D.W. Jessen and Associates, Civil Engineers, Lake Charles, Louisiana, dated August 7, 1973, and filed in Plat Book 23, at page 20, Records of Calcasieu Parish, Louisiana; thence S44+ 29, 09" E 220 feet; thence N45+ 28, 31" E 50 feet; thence N44+ 29, 09" W 220 feet; thence S45+ 28, 31" W 50 feet to the point of commencement and containing 11,000 square feet (0.2525 acres). ``Tract 2--Commencing at a point N45+ 28, 31" E 198.3 feet from point `A' as shown on plat of survey of `Boundary Agreement of CAFB' by D.W. Jessen and Associates, Civil Engineers, Lake Charles, Louisiana, dated August 7, 1973, and filed in Plat Book 23, at page 20, Records of Calcasieu Parish, Louisiana; thence S44+ 29, 09" E 169.3 feet; thence S45+ 28, 31" W 75 feet; (Deed Call S45+ 30, 51" W 75 feet), thence N44+ 29, 09" W 169.3 feet; thence N45+ 28, 31" E 75 feet to the point of commencement and containing 12,697 square feet (0.2915 acres). ``Tract 3--Commencing at a point N45+ 28, 31" E 248.3 feet from point `A' as shown on plat of survey of `Boundary Agreement of CAFB' by D.W. Jessen and Associates, Civil Engineers, Lake Charles, Louisiana, dated August 7, 1973, and filed in Plat Book 23, at page 20, Records of Calcasieu Parish, Louisiana; thence S44+ 29, 09" E 220 feet; thence N45+ 28, 31" E 50 feet; thence N44+ 29, 09" W 220 feet; thence S45+ 28, 31" W 50 feet to the point of commencement and containing 11,000 square feet (0.2525 acres). ``Tract 4--Commencing at a point N45+ 28, 31" E 123.3 feet and S44+ 29, 09" E 169.3 feet from point `A' as shown on plat of survey of `Boundary Agreement of CAFB' by D.W. Jessen and Associates, Civil Engineers, Lake Charles, Louisiana, dated August 7, 1973, and filed in Plat Book 23, at page 20, Records of Calcasieu Parish, Louisiana; thence S44+ 29, 09" E 50.7 feet; thence N45+ 28, 31" E 75 feet; thence N44+ 29, 09" W 50.7 feet; thence S45+ 28, 31" W 75 feet (Deed Call S45+ 30, 51" W 75 feet) to the point of commencement and containing 3,802 square feet (0.0873 acres). ``Composite Description--A tract of land lying in section 2, Township 10 South--Range 8 West, Calcasieu Parish, Louisiana, and being mone [sic] particularly described as follows: Begin at a point N45+ 28, 31" E 123.3 feet from point `A' as shown on plat of survey of `Boundary Agreement of CAFB' by D.W. Jessen and Associates, Civil Engineers, Lake Charles, Louisiana, dated August 7, 1973, and filed in Plat Book 23, at page 20, Records of Calcasieu Parish, Louisiana; thence N45+ 28, 31" E 175.0 feet; thence S44+ 29, 09" E 220.0 feet; thence S45+ 28, 31" W 175.0 feet; thence N44+ 29, 09" W 220.0 feet to the point of beginning, containing 0.8035 acres.''.

Amends the Federal Maritime Commission Authorization Act of 1990 to revise the property description of certain land and improvements located in Calcasieu Parish, Louisiana, which were the subject of a release of restrictions by the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Permanent Emergency Agricultural Assistance Act''. SEC. 2. CROP DISASTER ASSISTANCE FOR 2001, 2002, AND 2003 CROP LOSSES. (a) In General.--The Secretary of Agriculture shall make emergency financial assistance available to producers on a farm who have incurred qualifying crop losses for the 2001, 2002, or 2003 crop, or any combination of those crops, due to damaging weather or related condition, as determined by the Secretary. (b) Administration.--Except as provided in subsection (c), the Secretary shall make assistance available under this section in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), including using the same loss thresholds for the quantity and quality losses as were used in administering that section. (c) Payment Rates.--The Secretary shall make a disaster payment available to producers on a farm for a crop under this section at a rate equal to-- (1) 40 percent of the established price for the crop for any deficiency in production greater than 20 percent, but less than 35 percent, for the crop; and (2) 65 percent of the established price for the crop for any deficiency in production of 35 percent or more for the crop. (d) Crop Insurance.--In carrying out this section, the Secretary shall not discriminate against or penalize producers on a farm that have purchased crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). (e) Other Assistance.--Subject to subsection (d), the amount of assistance that producers on a farm would otherwise receive under this section shall be reduced by the amount of assistance provided to the producers on the farm for crop losses described in subsection (a) under any other Federal law. SEC. 3. CROP DISASTER ASSISTANCE FOR FUTURE CROP YEARS. (a) In General.--The Secretary of Agriculture shall make emergency financial assistance available to producers on a farm who incur qualifying crop losses for an insurable crop due to damaging weather or related condition, as determined by the Secretary, which results in the designation of the county in which the farm is located as a federally declared disaster area. (b) Administration.--Except as provided in subsections (c) and (d), the Secretary shall make assistance available under this section in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), including using the same loss thresholds for the quantity and quality losses as were used in administering that section. (c) Payment Rate.--Subject to subsection (e), the Secretary shall make assistance available to producers on a farm for a crop under this section at a rate equal to 65 percent of the established price for the crop for any deficiency in production of 35 percent or more for the crop. (d) Receipt Conditioned on Having Crop Insurance.--The producers on a farm shall not be eligible for assistance under subsection (a) with respect to losses to a crop unless the producers obtained, before the losses were incurred, a policy or plan of insurance for the crop under the Federal Crop Insurance Act that provided a level of coverage equal to or greater than 60 percent. (e) Payment Limitation.-- (1) Limitation.--Assistance provided under subsection (a) to a producer for losses to a crop, together with the amounts specified in paragraph (2) applicable to the same crop, may not exceed 95 percent of what the value of the crop would have been in the absence of the losses, as estimated by the Secretary. (2) Other payments.--In applying the limitation in paragraph (1), the Secretary shall include the following: (A) Crop insurance payments made under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) that the producer receives for losses to the same crop. (B) The value of the crop that was not lost (if any), as estimated by the Secretary. (f) Definition.--In this section, the term ``federally declared disaster area'' is a county covered by a Presidential declaration of major disaster issued under section 301 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or determined to be a disaster area by the Secretary under subpart A of part 1945 of title 7, Code of Federal Regulations. The term does not include a contiguous county. (g) Effective Date.--This section applies to crop years after the 2003 crop year. SEC. 4. LIVESTOCK ASSISTANCE PROGRAM. (a) In General.--The Secretary of Agriculture shall make and administer payments for livestock losses to producers for 2001, 2002, or 2003, or any combination of those years, in a county that has received a corresponding emergency designation by the President or the Secretary, of which an amount determined by the Secretary shall be made available for the American Indian livestock program under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549, 1549A-51). (b) Administration.--The Secretary shall make assistance available under this section in the same manner as provided under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549, 1549A-51). (c) Other Assistance.--The amount of assistance that a producer would otherwise receive under this section shall be reduced by the amount of assistance provided to the producer for losses described in subsection (a) under any other Federal law. SEC. 5. FUNDING AND REIMBURSEMENT. (a) In General.--The Secretary of Agriculture shall use the funds of the Commodity Credit Corporation to carry out this Act. (b) Permanent Program.--There is hereby authorized to be appropriated such amounts as may be necessary to reimburse the Commodity Credit Corporation for funds expended by the Secretary under section 3. SEC. 6. EMERGENCY DESIGNATIONS. (a) In General.--The amounts referred to in sections 2 and 4 are designated by Congress as an emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th Congress), the concurrent resolution on the budget for fiscal year 2004. (b) Permanent Program.--Amounts appropriated pursuant to the authorization of appropriations in section 5(b) to reimburse the Commodity Credit Corporation shall be treated as emergency spending. The allocation for a fiscal year otherwise made to the Committees on Appropriations of the House of Representatives and the Senate pursuant to section 302(a) of the Congressional Budget Act of 1974 shall be increased by the amount appropriated pursuant to such authorization of appropriations for the same fiscal year. SEC. 7. REGULATIONS. (a) In General.--The Secretary of Agriculture may promulgate such regulations as are necessary to carry out this Act. (b) Procedure.--The promulgation of the regulations and administration of this Act shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code.

Permanent Emergency Agricultural Disaster Assistance Act - Directs the Secretary of Agriculture to use Commodity Credit Corporation funds for emergency financial assistance to: (1) crop producers who have suffered qualifying weather-caused crop losses in 2001, 2002, or 2003; and (2) livestock producers for losses in 2001, 2002, or 2003, including livestock under the American Indian livestock program, in a disaster-designated county. Reduces (other than crop insurance) other agricultural assistance by amounts received under this Act. Directs the Secretary to make emergency financial assistance available after 2003 to producers with specified crop insurance coverage who have suffered qualifying weather-caused crop damage in a disaster-designated area.

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Farm, Fishing, and Ranch Risk Management Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. FARM, FISHING, AND RANCH RISK MANAGEMENT ACCOUNTS. (a) In General.--Subpart C of part II of subchapter E of chapter 1 (relating to taxable year for which deductions taken) is amended by inserting after section 468B the following new section: ``SEC. 468C. FARM, FISHING, AND RANCH RISK MANAGEMENT ACCOUNTS. ``(a) Deduction Allowed.--In the case of an individual engaged in an eligible farming business or commercial fishing, there shall be allowed as a deduction for any taxable year the amount paid in cash by the taxpayer during the taxable year to a Farm, Fishing, and Ranch Risk Management Account (hereinafter referred to as the `FFARRM Account'). ``(b) Limitation.-- ``(1) Contributions.--The amount which a taxpayer may pay into the FFARRM Account for any taxable year shall not exceed 20 percent of so much of the taxable income of the taxpayer (determined without regard to this section) which is attributable (determined in the manner applicable under section 1301) to any eligible farming business or commercial fishing. ``(2) Distributions.--Distributions from a FFARRM Account may not be used to purchase, lease, or finance any new fishing vessel, add capacity to any fishery, or otherwise contribute to the overcapitalization of any fishery. The Secretary of Commerce shall implement regulations to enforce this paragraph. ``(c) Eligible Businesses.--For purposes of this section-- ``(1) Eligible farming business.--The term `eligible farming business' means any farming business (as defined in section 263A(e)(4)) which is not a passive activity (within the meaning of section 469(c)) of the taxpayer. ``(2) Commercial fishing.--The term `commercial fishing' has the meaning given such term by section (3) of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1802) but only if such fishing is not a passive activity (within the meaning of section 469(c)) of the taxpayer. ``(d) FFARRM Account.--For purposes of this section-- ``(1) In general.--The term `FFARRM Account' means a trust created or organized in the United States for the exclusive benefit of the taxpayer, but only if the written governing instrument creating the trust meets the following requirements: ``(A) No contribution will be accepted for any taxable year in excess of the amount allowed as a deduction under subsection (a) for such year. ``(B) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. ``(C) The assets of the trust consist entirely of cash or of obligations which have adequate stated interest (as defined in section 1274(c)(2)) and which pay such interest not less often than annually. ``(D) All income of the trust is distributed currently to the grantor. ``(E) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(2) Account taxed as grantor trust.--The grantor of a FFARRM Account shall be treated for purposes of this title as the owner of such Account and shall be subject to tax thereon in accordance with subpart E of part I of subchapter J of this chapter (relating to grantors and others treated as substantial owners). ``(e) Inclusion of Amounts Distributed.-- ``(1) In general.--Except as provided in paragraph (2), there shall be includible in the gross income of the taxpayer for any taxable year-- ``(A) any amount distributed from a FFARRM Account of the taxpayer during such taxable year, and ``(B) any deemed distribution under-- ``(i) subsection (f)(1) (relating to deposits not distributed within 5 years), ``(ii) subsection (f)(2) (relating to cessation in eligible farming business), and ``(iii) subparagraph (B) or (C) of subsection (f)(3) (relating to prohibited transactions and pledging account as security). ``(2) Exceptions.--Paragraph (1)(A) shall not apply to-- ``(A) any distribution to the extent attributable to income of the Account, and ``(B) the distribution of any contribution paid during a taxable year to a FFARRM Account to the extent that such contribution exceeds the limitation applicable under subsection (b) if requirements similar to the requirements of section 408(d)(4) are met. For purposes of subparagraph (A), distributions shall be treated as first attributable to income and then to other amounts. ``(f) Special Rules.-- ``(1) Tax on deposits in account which are not distributed within 5 years.-- ``(A) In general.--If, at the close of any taxable year, there is a nonqualified balance in any FFARRM Account-- ``(i) there shall be deemed distributed from such Account during such taxable year an amount equal to such balance, and ``(ii) the taxpayer's tax imposed by this chapter for such taxable year shall be increased by 10 percent of such deemed distribution. The preceding sentence shall not apply if an amount equal to such nonqualified balance is distributed from such Account to the taxpayer before the due date (including extensions) for filing the return of tax imposed by this chapter for such year (or, if earlier, the date the taxpayer files such return for such year). ``(B) Nonqualified balance.--For purposes of subparagraph (A), the term `nonqualified balance' means any balance in the Account on the last day of the taxable year which is attributable to amounts deposited in such Account before the 4th preceding taxable year. ``(C) Ordering rule.--For purposes of this paragraph, distributions from a FFARRM Account (other than distributions of current income) shall be treated as made from deposits in the order in which such deposits were made, beginning with the earliest deposits. ``(2) Cessation in eligible business.--At the close of the first disqualification period after a period for which the taxpayer was engaged in an eligible farming business or commercial fishing, there shall be deemed distributed from the FFARRM Account of the taxpayer an amount equal to the balance in such Account (if any) at the close of such disqualification period. For purposes of the preceding sentence, the term `disqualification period' means any period of 2 consecutive taxable years for which the taxpayer is not engaged in an eligible farming business or commercial fishing. ``(3) Certain rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 220(f)(8) (relating to treatment on death). ``(B) Section 408(e)(2) (relating to loss of exemption of account where individual engages in prohibited transaction). ``(C) Section 408(e)(4) (relating to effect of pledging account as security). ``(D) Section 408(g) (relating to community property laws). ``(E) Section 408(h) (relating to custodial accounts). ``(4) Time when payments deemed made.--For purposes of this section, a taxpayer shall be deemed to have made a payment to a FFARRM Account on the last day of a taxable year if such payment is made on account of such taxable year and is made on or before the due date (without regard to extensions) for filing the return of tax for such taxable year. ``(5) Individual.--For purposes of this section, the term `individual' shall not include an estate or trust. ``(6) Deduction not allowed for self-employment tax.--The deduction allowable by reason of subsection (a) shall not be taken into account in determining an individual's net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2. ``(g) Reports.--The trustee of a FFARRM Account shall make such reports regarding such Account to the Secretary and to the person for whose benefit the Account is maintained with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such persons at such time and in such manner as may be required by such regulations.'' (b) Tax on Excess Contributions.-- (1) Subsection (a) of section 4973 (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended by striking ``or'' at the end of paragraph (3), by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph (3) the following new paragraph: ``(4) a FFARRM Account (within the meaning of section 468C(d)), or''. (2) Section 4973 is amended by adding at the end the following new subsection: ``(g) Excess Contributions to FFARRM Accounts.--For purposes of this section, in the case of a FFARRM Account (within the meaning of section 468C(d)), the term `excess contributions' means the amount by which the amount contributed for the taxable year to the Account exceeds the amount which may be contributed to the Account under section 468C(b) for such taxable year. For purposes of this subsection, any contribution which is distributed out of the FFARRM Account in a distribution to which section 468C(e)(2)(B) applies shall be treated as an amount not contributed.'' (3) The section heading for section 4973 is amended to read as follows: ``SEC. 4973. EXCESS CONTRIBUTIONS TO CERTAIN ACCOUNTS, ANNUITIES, ETC.'' (4) The table of sections for chapter 43 is amended by striking the item relating to section 4973 and inserting the following new item: ``Sec. 4973. Excess contributions to certain accounts, annuities, etc.'' (c) Tax on Prohibited Transactions.-- (1) Subsection (c) of section 4975 (relating to tax on prohibited transactions) is amended by adding at the end the following new paragraph: ``(6) Special rule for ffarrm accounts.--A person for whose benefit a FFARRM Account (within the meaning of section 468C(d)) is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be a FFARRM Account by reason of the application of section 468C(f)(3)(A) to such account.'' (2) Paragraph (1) of section 4975(e) is amended by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, and by inserting after subparagraph (D) the following new subparagraph: ``(E) a FFARRM Account described in section 468C(d),''. (d) Failure To Provide Reports on FFARRM Accounts.--Paragraph (2) of section 6693(a) (relating to failure to provide reports on certain tax-favored accounts or annuities) is amended by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and by inserting after subparagraph (B) the following new subparagraph: ``(C) section 468C(g) (relating to FFARRM Accounts),''. (e) Clerical Amendment.--The table of sections for subpart C of part II of subchapter E of chapter 1 is amended by inserting after the item relating to section 468B the following new item: ``Sec. 468C. Farm, Fishing and Ranch Risk Management Accounts.'' (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Farm, Fishing, and Ranch Risk Management Act - Amends the Internal Revenue Code to allow an individual involved in an eligible farming or commercial fishing business to make a deductible contribution up to 20 percent of his or her farming or fishing taxable income to a Farm, Fishing, and Ranch Risk Management Account (FFARRM Account).States that: (1) Account distributions may not be used to add capacity or contribute to the overcapitalization of any fishery; (2) Account contributions shall not reduce self-employment net earnings; (3) Account distributions (other than income attributed to the Account) shall be includible in gross income, including deposits not distributed within five years.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending Iran's Nuclear Weapon Program Before Sanctions Relief Act of 2015''. SEC. 2. REPORT ON MILITARY DIMENSIONS OF IRAN'S NUCLEAR PROGRAM; LIMITATIONS ON SANCTIONS RELIEF. (a) In General.--Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Secretary of Energy, shall submit to the appropriate congressional committees a report that-- (1) at a minimum, provides a detailed assessment of the nature, scope, and duration of each activity specified in subsection (b); (2) with respect to each activity specified in subsection (b), assesses-- (A) whether the activity continues or when the activity ended; (B) whether Iran consulted, cooperated, or collaborated with any foreign entity in the activity and, if so, a full description of the nature, scope, and duration of such consultation, cooperation, or collaboration; (C) the differences between the conclusions of the International Atomic Energy Agency and the most recent determination of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))); (D) the ability of Iran to quickly resume the activity, if the activity has ended, and to advance beyond the current stage of development; and (E) the credibility of Iran's arguments related to dual-use technology; and (3) includes-- (A) a summary of refusals by Iran to cooperate with International Atomic Energy Agency inspectors and requests since January 2003; (B) a list of any Iranian institutes or other entities involved in nuclear weapon activities or research; (C) a list of Iranian scientists or other experts who worked on Iran's nuclear weapon program; and (D) a list of sites where Iranian nuclear weapon related activities are occurring or have occurred. (b) Activities Specified.--The activities specified in this subsection are the following: (1) The existence of management and organization structures to facilitate the development of a nuclear explosive device. (2) Procurement activities associated with a nuclear weapon program. (3) Covert acquisition of uranium or plutonium, covert uranium conversion, covert uranium reconversion, and covert uranium enrichment activities. (4) Attempted or actual acquisition of nuclear weapon design information. (5) Metallurgical work associated with nuclear devices. (6) Development of detonators and associated equipment for a nuclear weapon. (7) Possession of multipoint initiation technology relevant to a nuclear explosive device. (8) Use of multipoint initiation technology for experiments associated with a nuclear explosive device. (9) Development of simulated components for a nuclear explosive device, including components relevant to the dynamic compressive testing of those components. (10) Computer modeling studies of component arrangements specific to nuclear explosive configurations based on implosion technology and studies relating to high explosives modeling. (11) Experiments with materials and configurations that could generate neutrons under shock compression for the purpose of initiating an implosion-type nuclear explosive device. (12) Planning, preparation, and execution of experiments relevant to testing a nuclear explosive device, specifically, but not limited to, tests to determine whether detonator firing components would function over a long distance between the firing point and a test device located down a deep shaft. (13) Activities related to the integration of a new spherical payload into the existing payload chamber of the re- entry vehicle for a ballistic missile. (14) Activities related to a fuzing, arming, and firing system for a heavy spherical ballistic missile payload. (15) Activities at Parchin Military Complex related to nuclear weapons. (16) Nuclear weapon related activities at the Physics Research Center and subsequent organizations, and the purpose of such activities. (17) Activities associated with the research, development, testing, or fielding related to ballistic missiles capable of carrying a nuclear weapon. (18) Activities by Iran to conceal nuclear weapon related activities. (c) Limitations on Provision of Sanctions Relief to Iran.-- Notwithstanding section 135 of the Atomic Energy Act of 1954 (42 U.S.C. 2160e) or any other provision of law, the United States Government shall not provide any sanctions relief to Iran until the date that is 90 days after-- (1) the submission of the report required by subsection (a); (2) the Director of National Intelligence, the Secretary of Energy, the Secretary of State, and the Secretary of Defense jointly certify to the appropriate congressional committees that Iran has verifiably ended all military dimensions of its nuclear program, including research, development, testing, or fielding related to ballistic missiles capable of carrying a nuclear weapon; and (3) there is enacted into law a joint resolution approving the provision of sanctions relief. (d) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Foreign person.--The term ``foreign person'' means a person that is not a United States person. (3) Person.--The term ``person'' means an individual or entity. (4) Sanctions relief.--The term ``sanctions relief'' means the termination, waiver, deferral, or other suspension of any sanctions imposed by the United States with respect to Iran pursuant to a statute, executive order, or regulation, including sanctions applicable to United States persons and sanctions applicable to foreign persons. (5) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.

Ending Iran's Nuclear Weapon Program Before Sanctions Relief Act of 2015 This bill requires the Director of National Intelligence (DNI) to report to Congress on the military dimensions of of Iran's nuclear program. The U.S. government shall not provide any sanctions relief to Iran until 90 days after: (1) the report's submission; (2) the DNI, the Department of Energy, the Department of State, and the Department of Defense certify jointly to Congress that Iran has ended all military dimensions of its nuclear program; and (3) a joint resolution has been enacted into law approving such sanctions relief.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Complete Streets Act of 2008''. SEC. 2. SAFE AND COMPLETE STREETS. Section 133 of title 23, United States Code, is amended by adding at the end the following: ``(g) Complete Streets Policy.-- ``(1) In general.--Beginning with the fiscal year that begins 2 years after the date of enactment of this subsection, States and Metropolitan Planning Organizations shall-- ``(A) adopt an explicit statement of policy (that meets the requirements of subsection (b)) that the safety and convenience of all users of the transportation system shall be accommodated; ``(B) apply such policy to the projects contained in the Transportation Improvement Program; and ``(C) incorporate the principles in this policy into all aspects of the transportation project development process, including project identification, scoping procedures and design approvals, as well as design manuals and performance measures. ``(2) Purpose.--The purpose of the policy statement required under paragraph (1)(A) is to ensure that all users of the transportation system, including pedestrians, bicyclists, and transit users as well as children, older individuals, and individuals with disabilities, are able to travel safely and conveniently on streets and highways within the public right of way. ``(h) Policy Statement Requirements.--A policy statement under subsection (g)(1)(A) shall include the following: ``(1) An assurance that all users of the transportation system will include pedestrians (including individuals of all ages, and individuals with disabilities (including mobility, sensory, neurological or hidden disabilities)), bicyclists, transit vehicles and users, and motorists. ``(2) An assurance that the statement will apply to both new construction and reconstruction (including resurfacing, restoring, and rehabilitation (3R) projects) improvement projects. Simple improvements, such as re-striping for bicycle and pedestrian accommodation, may be encouraged in pavement resurfacing projects when they fall within the overall scope of the original roadwork. ``(3) A clear procedure that requires approval by a senior manager of any specified exceptions from implementing the policy statement, including documentation with supporting data that indicates the basis for the exemption. ``(4) A statement directing the use of the current design standards, including those standards applying to access for individuals with disabilities. ``(5) A statement requiring that complete streets solutions be developed to fit in with the context of the community and that those solutions be flexible. ``(6) A description of the performance standards with measurable outcomes that will be developed. ``(7) A statement that accommodation shall be made for all users in all construction and improvement projects unless one or more of the following apply: ``(A) The project involved a roadway on which non- motorized users are prohibited by law from using. In such case, a greater effort shall be made to accommodate bicyclists and pedestrians elsewhere. ``(B) The cost of establishing complete facilities would be excessively disproportionate to the need or probable use. ``(C) With respect to a project area with a low population, other documented factors indicate an absence of need now and in the future. ``(D) A Metropolitan Planning Organization or State department of transportation that is adopting complete streets policies may consult existing Federal guidance, including the 2000 USDOT Guidance document, `Accommodating Bicycle and Pedestrian Travel'. ``(E) The policy statement may be achieved through a State or local law or ordinance, or through an agency policy directive. ``(i) Certifications.--The Metropolitan Planning Organization and State department of transportation shall certify that each road project included in such plan has been reviewed for its compliance with any applicable policy statement under this section and that each project under such plan enhances the safety, convenience, and accessibility of the transportation system for all users to the extent that it is reasonably possible and that the project applicant addressed these concerns in the material prepared for public input with respect to such plan. A Metropolitan Planning Organization's implementation of its complete streets policy shall be a factor included in the review for the Metropolitan Planning Organization certification as provided for in section 134(5). ``(j) Accessibility Standards.--Not later than 12 months after the date of enactment of this subsection, the United States Access Board shall issue final standards for accessibility of new construction and alterations of pedestrian facilities in the public right-of-way. Until such time as the Access Board completes a final Public Right of Way Accessibility rule, Department of Transportation Standards for Accessible Transportation Facilities (49 C.F.R. 37.9, as amended on 10/ 30/2006 (71 FR 63263)) shall serve as the minimum standard. If the Department Of Transportation standards are silent or inapplicable with respect to any issue, the 2005 draft Public Right Of Way Accessibility Guidelines provisions shall be consulted. ``(k) Inclusion of All Users.--Metropolitan planning organizations and State departments of transportation shall strongly encourage local jurisdictions that are served by such organizations to maximize their efforts to include all users in their transportation planning. ``(l) Additional Provisions.-- ``(1) Research.-- ``(A) In general.--The Secretary of Transportation shall require the Federal Highway Administration to conduct complete streets research to assist States and Metropolitan Planning Organizations in developing, adopting, and implementing plans, projects, procedures, policies, and training that comply with the applicable statement of policy under subsection (g)(1)(A). ``(B) Participation.--Research under subparagraph (A) shall be conducted with the participation of the American Association of State Highway Transportation Officials, the Institute of Transportation Engineers, the American Public Transit Association, the American Planning Association, the National Association of Regional Councils, the Association of Metropolitan Planning Organizations, and representatives of the disability, motoring, bicycling, walking, transit user, aging, and other affected communities. ``(C) Existing needs.--Research under subparagraph (A) shall be based on the existing statement of complete streets research needs as outlined by the Transportation Research Board in TR Circular E110, and shall also develop new areas of inquiry. ``(2) Benchmarks and guidance.--The research project conducted under paragraph (1) shall be designed to result in the establishment of benchmarks and the provision of practical guidance on how to effectively implement street procedures and designs that will accommodate all types of users along the same facility or corridor including, vehicles, pedestrians, bicycles, and transit use. Such benchmarks and guidance shall focus on changing scoping, design, and construction procedures to more effectively fit the individual modes together into integrated facilities that meet the needs of each in an appropriate balance. Such benchmarks and guidance shall indicate the expected operational and safety performance of alternative approaches to facility design. ``(3) Best practices report.--Not later than 2 years after the date of enactment of this subsection, the Federal Highway Administration shall publish a best practices report showing how transportation agencies have changed their procedures to routinely design safe, effective multi-modal facilities. In establishing such best practices, consideration shall be given to the following areas: ``(A) Procedures for identifying the needs of the mix of users, including primary and secondary users that need to be served on various highway functional classes. ``(B) The identification of the types and designs of facilities needed to serve each of those types of users. ``(C) The identification of barriers to implementation as well as identification of costs associated with implementing complete streets policies. ``(4) Data collection.--In addition to preparing the report under paragraph (3), the Federal Highway Administration shall work with the Bureau of Transportation Statistics and the Federal Transit Association and appropriate Transportation Research Board committees on data collection, including a baseline non-motorized and transit use survey that will be integrated into the National Highway Traffic Safety Administration and the development of a survey tool for use by State transportation departments in identifying the multi-modal capacity of State and local road networks.''.

Complete Streets Act of 2008 - Amends the surface transportation program to require state and metropolitan planning organizations (MPOs) to: (1) adopt a policy statement that ensures that all users of the transportation system, including pedestrians, bicyclists, and transit users as well as children, older individuals, and individuals with disabilities, are able to travel safely and conveniently on streets and highways within the public right-of-way; and (2) apply such policy to Transportation Improvement Program projects as well as to all aspects of the transportation project development process. Requires states and MPOs to certify that each road project has been reviewed for compliance with the policy statement and enhances the safety, convenience, and accessibility for all users of the transportation system to the extent reasonably possible. Requires the U.S. Access Board to issue final standards for accessibility of new construction and alterations of pedestrian facilities in the public right-of-way. Directs the Secretary of Transportation to require the Federal Highway Administration (FHWA) to conduct complete streets research to assist states and MPOs in developing and implementing plans, projects, procedures, policies, and training that comply with the policy statement.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tracing and Recalling Agricultural Contamination Everywhere Act of 2007'' or ``TRACE Act of 2007''. SEC. 2. TRACEABILITY OF FOOD. The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is amended-- (1) in section 301, by inserting at the end the following: ``(jj) The failure to comply with any requirement of section 414A (relating to the traceability of food).''; and (2) in chapter IV, by inserting after section 414 the following: ``SEC. 414A. TRACEABILITY OF FOOD. ``(a) Establishment of System.--Not later than 1 year after the date of the enactment of this section, the Secretary shall establish a traceability system described in subsection (b) for all stages of manufacturing, processing, packaging, and distribution of food. ``(b) Description of System.--The traceability system required by subsection (a) shall require each article of food shipped in interstate commerce to be identified in a manner that enables the Secretary to retrieve the history, use, and location of the article through a recordkeeping and audit system or registered identification. ``(c) Records.-- ``(1) In general.--The Secretary may require that each person, firm, and corporation required to identify an article of food pursuant to subsection (b) maintain accurate records, as prescribed by the Secretary, regarding the purchase, sale, and identification of the article. ``(2) Access.--Each person, firm, and corporation described in paragraph (1) shall, at all reasonable times, on notice by a duly authorized representative of the Secretary, allow the representative to access to each place of business of the person, firm, or corporation to examine and copy the records described in paragraph (1). ``(3) Duration.--Each person, firm, and corporation described in paragraph (1) shall maintain records required to be maintained under this subsection for such period of time as the Secretary prescribes. ``(d) False Information.--No person, firm, or corporation shall falsify or misrepresent to any other person, firm, or corporation, or to the Secretary, any information as to any location at which any article of food was held. ``(e) Alteration or Destruction of Records.--No person, firm, or corporation shall, without authorization from the Secretary, alter, detach, or destroy any records or other means of identification prescribed by the Secretary for use in determining the location at which any article of food was held.''. SEC. 3. TRACEABILITY OF LIVESTOCK. Title I of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) is amended by adding at the end the following: ``SEC. 25. TRACEABILITY OF LIVESTOCK, MEAT, AND MEAT PRODUCTS. ``(a) Definition of Traceability.--In this section, the term `traceability' means the ability to retrieve the history, use, and location of an article through a recordkeeping and audit system or registered identification. ``(b) Requirements.-- ``(1) In general.--Cattle, sheep, swine, goats, and horses, mules, and other equines presented for slaughter for human food purposes, and the carcasses or parts of carcasses and the meat and meat food products of those animals, shipped in interstate commerce shall be identified in a manner that enables the Secretary to trace-- ``(A) each animal to any premises or other location at which the animal was held at any time before slaughter; and ``(B) each carcass or part of a carcass and meat and meat food product of such animals forward from slaughter through processing and distribution to the ultimate consumer. ``(2) Traceability system.--Not later than 1 year after the date of the enactment of this section, the Secretary shall establish a traceability system for all stages of production, processing, and distribution of meat and meat food products that are produced through the slaughter of animals described in paragraph (1). ``(c) Prohibition or Restriction on Entry.--The Secretary may prohibit or restrict entry into any slaughtering establishment inspected under this Act of any cattle, sheep, swine, goats, or horses, mules, or other equines not identified as prescribed by the Secretary under subsection (b). ``(d) Records.-- ``(1) In general.--The Secretary may require that each person, firm, and corporation required to identify livestock pursuant to subsection (b) maintain accurate records, as prescribed by the Secretary, regarding the purchase, sale, and identification of the livestock. ``(2) Access.--Each person, firm, and corporation described in paragraph (1) shall, at all reasonable times, on notice by a duly authorized representative of the Secretary, allow the representative to access to each place of business of the person, firm, or corporation to examine and copy the records described in paragraph (1). ``(3) Duration.--Each person, firm, and corporation described in paragraph (1) shall maintain records required to be maintained under this subsection for such period of time as the Secretary prescribes. ``(e) False Information.--No person, firm, or corporation shall falsify or misrepresent to any other person, firm, or corporation, or to the Secretary, any information as to any premises at which any cattle, sheep, swine, goats, horses, mules, or other equines, or carcasses thereof, were held. ``(f) Alteration or Destruction of Records.--No person, firm, or corporation shall, without authorization from the Secretary, alter, detach, or destroy any records or other means of identification prescribed by the Secretary for use in determining the premises at which were held any cattle, sheep, swine, goats, horses, mules, or other equines, or the carcasses thereof. ``(g) Relation to Country of Origin Labeling.--Nothing contained in this section prevents or interferes with implementation of the country of origin labeling requirements of subtitle D of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638 et seq.).''. SEC. 4. TRACEABILITY OF POULTRY. The Poultry Products Inspection Act is amended by inserting after section 23 (21 U.S.C. 467e) the following: ``SEC. 23A. TRACEABILITY OF POULTRY AND POULTRY PRODUCTS. ``(a) Definition of Traceability.--In this section, the term `traceability' means the ability to retrieve the history, use, and location of an article through a recordkeeping and audit system or registered identification. ``(b) Requirements.-- ``(1) In general.--Poultry presented for slaughter for human food purposes and poultry products shipped in interstate commerce shall be identified in a manner that enables the Secretary to trace-- ``(A) each animal to any premises or other location at which the animal was held at any time before slaughter; and ``(B) each poultry product forward from slaughter through processing and distribution to the ultimate consumer. ``(2) Traceability system.--Not later than 1 year after the date of the enactment of this section, the Secretary shall establish a traceability system for all stages of production, processing, and distribution of poultry and poultry food products that are produced through the slaughter of animals described in paragraph (1). ``(c) Prohibition or Restriction on Entry.--The Secretary may prohibit or restrict entry into any slaughtering establishment inspected under this Act of any poultry not identified as prescribed by the Secretary. ``(d) Records.-- ``(1) In general.--The Secretary may require that each person, firm, and corporation required to identify poultry pursuant to subsection (b) maintain accurate records, as prescribed by the Secretary, regarding the purchase, sale, and identification of the poultry. ``(2) Access.--Each person, firm, and corporation described in paragraph (1) shall, at all reasonable times, on notice by a duly authorized representative of the Secretary, allow the representative to access to each place of business of the person, firm, or corporation to examine and copy the records described in paragraph (1). ``(3) Duration.--Each person, firm, and corporation described in paragraph (1) shall maintain records required to be maintained under this subsection for such period of time as the Secretary prescribes. ``(e) False Information.--No person, firm, or corporation shall falsify or misrepresent to any other person, firm, or corporation, or to the Secretary, any information as to any premises at which any poultry, or carcasses thereof, were held. ``(f) Alteration or Destruction of Records.--No person, firm, or corporation shall, without authorization from the Secretary, alter, detach, or destroy any records or other means of identification prescribed by the Secretary for use in determining the premises at which were held any poultry or the carcasses thereof. ``(g) Relation to Country of Origin Labeling.--Nothing contained in this section prevents or interferes with implementation of the country of origin labeling requirements of subtitle D of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638 et seq.).''. SEC. 5. TRACEABILITY OF EGG PRODUCTS. The Egg Products Inspection Act is amended by inserting after section 18 (21 U.S.C. 1047) the following: ``SEC. 18A. TRACEABILITY OF EGGS AND EGG PRODUCTS. ``(a) Establishment of System.--Not later than 1 year after the date of the enactment of this section, the Secretary shall establish a traceability system described in subsection (b) for all stages of manufacturing, processing, packaging, and distribution of eggs and egg products. ``(b) Description of System.--The traceability system required by subsection (a) shall require each egg or egg product shipped in interstate commerce to be identified in a manner that enables the Secretary to retrieve the history, use, and location of the egg or egg product through a recordkeeping and audit system or registered identification. ``(c) Records.-- ``(1) In general.--The Secretary may require that each person, firm, and corporation required to identify eggs or egg products pursuant to subsection (b) maintain accurate records, as prescribed by the Secretary, regarding the purchase, sale, and identification of the eggs or egg products. ``(2) Access.--Each person, firm, and corporation described in paragraph (1) shall, at all reasonable times, on notice by a duly authorized representative of the Secretary, allow the representative to access to each place of business of the person, firm, or corporation to examine and copy the records described in paragraph (1). ``(3) Duration.--Each person, firm, and corporation described in paragraph (1) shall maintain records required to be maintained under this subsection for such period of time as the Secretary prescribes. ``(d) False Information.--No person, firm, or corporation shall falsify or misrepresent to any other person, firm, or corporation, or to the Secretary, any information as to any location at which any eggs or egg products were held. ``(e) Alteration or Destruction of Records.--No person, firm, or corporation shall, without authorization from the Secretary, alter, detach, or destroy any records or other means of identification prescribed by the Secretary for use in determining the locations at which were held any eggs or egg products.''.

Tracing and Recalling Agricultural Contamination Everywhere Act of 2007 or TRACE Act of 2007- Amends the Federal Meat Inspection Act to direct the Secretary of Agriculture to establish a traceability system for all stages of manufacturing, processing, packaging, and distribution of food. States that cattle, sheep, swine, goats, horses, mules and other equines, and poultry presented for slaughter for human consumption, and the carcasses or parts of carcasses and the meat and food products of those animals, shipped in interstate commerce shall be identified in a manner that enables the Secretary to trace: (1) each animal to any location at which the animal was held at any time before slaughter; and (2) each carcass or part of a carcass and food product forward from slaughter through processing and distribution to the ultimate consumer. Directs the Secretary to establish a traceability system for all stages of production, processing, and distribution of meat and meat food products produced through the slaughter of such animals. Authorizes the Secretary to: (1) prohibit or restrict entry to a slaughtering establishment of an animal not so identified; and (2) require a person or entity to maintain records. Amends the Poultry Products Inspection Act and the Egg Products Inspection Act to establish similar provisions for poultry and poultry products and for eggs and egg products.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Working Uninsured Tax Equity Act of 1999''. SEC. 2. REFUNDABLE CREDIT FOR HEALTH INSURANCE COSTS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable personal credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. HEALTH INSURANCE COSTS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to 30 percent of the amount paid during the taxable year for insurance which constitutes medical care for the taxpayer, his spouse, and dependents. ``(b) Limitations.-- ``(1) Limitation based on earned income.--The payments taken into account under subsection (a) for any taxable year shall not exceed the sum of-- ``(A) the taxpayer's wages, salaries, tips, and other employee compensation includible in gross income, plus ``(B) the taxpayer's earned income (as defined in section 401(c)(2)). ``(2) Limitation based on other coverage.--Subsection (a) shall not apply to-- ``(A) any taxpayer for any calendar month for which the taxpayer is eligible to participate in any subsidized health plan maintained by any employer of the taxpayer or of the spouse of the taxpayer, or ``(B) amounts paid for coverage under-- ``(i) part B of title XVIII of the Social Security Act, or ``(ii) a Medicare supplemental policy (within the meaning of section 1882(g)(1) of the Social Security Act (42 U.S.C. 1395ss(g)(1))) or similar supplemental coverage provided under a group health plan. The rule of the last sentence of section 162(l)(2)(B) shall apply for purposes of subparagraph (A). ``(c) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--No credit shall be allowed under subsection (a) for any taxable year for which the taxpayer's adjusted gross income exceeds the applicable dollar amount by $10,000 or more. ``(2) Phaseout.--If the taxpayer's adjusted gross income for the taxable year exceeds the applicable dollar amount by less than $10,000, the credit which would (but for this subsection and subsection (d)) be allowed under subsection (a) shall be reduced (but not below zero) by an amount which bears the same ratio to such credit as such excess bears to $10,000. Any reduction under the preceding sentence which is not a multiple of $10 shall be rounded to the next lowest $10. ``(3) Applicable dollar amount.--The term `applicable dollar amount' means-- ``(A) in the case of a taxpayer filing a joint return, $50,000, ``(B) in the case of any other taxpayer (other than a married individual filing a separate return), $30,000, and ``(C) in the case of a married individual filing a separate return, zero. ``(4) Special rule for married individuals filing separately and living apart.--A husband and wife who-- ``(A) file separate returns for any taxable year, and ``(B) live apart at all times during such taxable year, shall not be treated as married individuals for purposes of this paragraph. ``(d) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed by subsection (a) for the taxable year (determined after the application of subsections (b) and (c)) shall not exceed the sum of-- ``(A) the tax imposed by this chapter for the taxable year (reduced by the credits allowable against such tax other than the credits allowable under this subpart), and ``(B) the taxpayer's social security taxes for such taxable year. ``(2) Social security taxes.--For purposes of paragraph (1)-- ``(A) In general.--The term `social security taxes' means, with respect to any taxpayer for any taxable year-- ``(i) the amount of the taxes imposed by sections 3101, 3111, 3201(a), and 3221(a) on amounts received by the taxpayer during the calendar year in which the taxable year begins, ``(ii) the taxes imposed by section 1401 on the self-employment income of the taxpayer for the taxable year, and ``(iii) the taxes imposed by section 3211(a)(1) on amounts received by the taxpayer during the calendar year in which the taxable year begins. ``(B) Coordination with special refund of social security taxes.--The term `social security taxes' shall not include any taxes to the extent the taxpayer is entitled to a special refund of such taxes under section 6413(c). ``(C) Special rule.--Any amounts paid pursuant to an agreement under section 3121(l) (relating to agreements entered into by American employers with respect to foreign affiliates) which are equivalent to the taxes referred to in subparagraph (A)(i) shall be treated as taxes referred to in such subparagraph. ``(e) Coordination With Other Provisions.-- ``(1) Deduction for medical expenses.--The amount taken into account in computing the credit under subsection (a) shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 213(a). ``(2) Self-employed individuals allowed either deduction or credit for health insurance.--No credit shall be allowed under this section to a taxpayer for a taxable year if any amount is allowed as a deduction to such taxpayer for such year under section 162(l). ``(f) Expenses Must Be Substantiated.--A payment for insurance to which subsection (a) applies may be taken into account under this section only if the taxpayer substantiates such payment in such form as the Secretary may prescribe. ``(g) Section Not To Apply to Long-Term Care Insurance.--This section shall not apply to insurance which constitutes medical care by reason of section 213(d)(1)(C).'' (b) Clerical Amendment.--The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 35. Health insurance costs. ``Sec. 36. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Limits the full credit to individuals whose adjusted gross income is under $30,000 ($50,000 if filing a joint return). Disallows any credit to a married individual filing a separate return, but treats married individuals living apart and filing separate returns as not married (thus qualifying them for the credit). Prescribes a formula for phase-out of the credit for taxpayers with an adjusted gross income exceeding $30,000 ($50,000 for a joint return) by less than $10,000. Allows self-employed individuals to elect such credit or the deduction for medical expenses, but not both. States that such credit does not apply to long- term health care insurance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Transparent Regulatory and Environmental Actions in Mining Act'' or the ``STREAM Act''. SEC. 2. PUBLICATION OF SCIENTIFIC PRODUCTS FOR RULES AND RELATED ENVIRONMENTAL IMPACT STATEMENTS, ENVIRONMENTAL ASSESSMENTS, AND ECONOMIC ASSESSMENTS. (a) Requirement.--Title V of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``SEC. 530. PUBLICATION OF SCIENTIFIC PRODUCTS FOR RULES AND RELATED ENVIRONMENTAL ANALYSES, AND ECONOMIC ASSESSMENTS. ``(a) Requirement.-- ``(1) In general.--The Secretary shall make publicly available 90 days before the publication of any draft, proposed, supplemental, final, or emergency rule under this Act, or any related environmental analysis, economic assessment, policy, or guidance, each scientific product the Secretary relied on in developing the rule, environmental analysis, economic assessment, policy, or guidance. ``(2) Federally funded scientific products.--For those scientific products receiving Federal funds in part, or in full, the Secretary shall also make publicly available the raw data used for the federally funded scientific product. ``(b) Compliance.-- ``(1) In general.--Failure to make publicly available any scientific product 90 days before the publication of-- ``(A) any draft, proposed, or supplemental rule, environmental analysis, economic assessment, policy or guidance shall extend by one day the comment period for each day such scientific product is not made available; or ``(B) any final or emergency rule shall delay the effective date of the final or emergency rule by 60 days plus each day the scientific product is withheld. ``(2) Delay longer than 6 months.--If the Secretary fails to make publicly available any scientific product for longer than 6 months, the Secretary shall withdraw the rule, environmental analysis, economic assessment, policy, or guidance. ``(3) Exception.--This subsection shall not apply if a delay in the publication of a rule will pose an imminent and severe threat to human life. ``(c) Definitions.--In this section: ``(1) Publicly available.--The term `publicly available' means published on the Internet via a publicly accessible website under the Secretary's control. ``(2) Environmental analysis.--The term `environmental analysis' means environmental impact statements and environmental assessments prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(3) Scientific product.--The term `scientific product' means any product that-- ``(A) employs the scientific method for inventorying, monitoring, experimenting, studying, researching, or modeling purposes; ``(B) is relied upon by the Secretary in the development of any rule, environmental analysis, economic assessment, policy, or guidance; and ``(C) is not protected under copyright laws. ``(4) Raw data.--The term `raw data'-- ``(A) except as provided in subparagraph (B), means any computational process, or quantitative or qualitative data, that is relied on in a scientific product to support a finding or observation; and ``(B) does not include such data or processes-- ``(i) that are protected by copyright; ``(ii) that contain personally identifiable information, sensitive intellectual property, trade secrets, or business-sensitive information; or ``(iii) to the extent that such data and processes are covered by the provisions of part C of title XI of the Social Security Act (42 U.S.C. 1320d et seq.), regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note), and the provisions of subtitle D of title XIII of the Health Information Technology for Economic and Clinical Health Act (42 U.S.C. 17921 et seq.).''. (b) Clerical Amendment.--The table of contents in the first section of such Act is amended by adding at the end of the items relating to such title the following: ``Sec. 530. Publication of scientific products for rules and related environmental analyses, and economic assessments.''. SEC. 3. STUDY OF THE EFFECTIVENESS OF CERTAIN RULE. (a) Requirement.--Title VII of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1291 et seq.) is amended by adding at the end the following: ``SEC. 722. STUDY OF THE EFFECTIVENESS OF CERTAIN RULE. ``(a) Study.--No later than 90 days after the date of the enactment of the STREAM Act, the Secretary of the Interior, in consultation with the Interstate Mining Compact Commission and its State members, shall enter into an arrangement with the National Academy of Sciences, for execution by the Board on Earth Sciences and Resources, to conduct a comprehensive study on the regulatory effectiveness of the `Surface Coal Mining and Reclamation Operations Permanent Regulatory Program; Stream Buffer Zones and Fish, Wildlife, and Related Environmental Values' Final Rule published June 30, 1983 (48 Fed. Reg. 30312), and amended September 30, 1983 (48 Fed. Reg. 44777), in protecting perennial and intermittent streams through the use of stream buffer zones. If the study determines the existence of regulatory inefficiencies, then the study shall include suggestions and recommendations for increasing the effectiveness of the rule. ``(b) Results of the Study.--Not later than 2 years after execution of the arrangements under subsection (a), the Board on Earth Sciences and Resources shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, appropriate Federal agencies, and the Governor of each of the States represented on the Interstate Mining Compact Commission the results of the study conducted under subsection (a). ``(c) Funding.--There is authorized to be appropriated to the Secretary of the Interior $1,000,000 for fiscal year 2016 and $1,000,000 for fiscal year 2017 for the purposes of this section. ``(d) Prohibition on New Regulations.--The Secretary shall not issue any final or other regulations pertaining to the proposed rule entitled `Stream Protection Rule' (80 Fed. Reg. 44436) or relating to stream buffer zones, until 1 year after the Secretary has submitted the results of the study in accordance with subsection (b). If the Secretary proposes any such regulations after such submission, the Secretary shall take into consideration the findings of the study.''. (b) Clerical Amendment.--The table of contents in the first section of such Act is amended by adding at the end of the items relating to such title the following: ``Sec. 720. Subsidence. ``Sec. 721. Research. ``Sec. 722. Study of the effectiveness of certain rule.''. SEC. 4. COMPLIANCE WITH OTHER FEDERAL LAWS. Section 702 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1292) is amended-- (1) by redesignating subsections (c) and (d) as subsection (d) and (e), respectively; and (2) by inserting after subsection (b) the following: ``(c) Compliance With Other Federal Laws.--Nothing in this Act authorizes the Secretary to take any action by rule, regulation, notice, policy, guidance, or order that duplicates, implements, interprets, enforces, or determines any action taken under an Act referred to in subsection (a) or any regulation or rule promulgated thereunder.''. Passed the House of Representatives January 12, 2016. Attest: KAREN L. HAAS, Clerk.

Supporting Transparent Regulatory and Environmental Actions in Mining Act or the STREAM Act (Sec. 2) This bill amends the Surface Mining Control and Reclamation Act of 1977 to direct the Department of the Interior to make publicly available online and in the Federal Register, 90 days before publication, any draft, proposed, supplemental, final, or emergency rule, or any environmental analysis, economic assessment, policy, or guidance, and each scientific product upon which Interior has relied in developing the rule, the analysis, or the assessment. A scientific product is any product that: employs the scientific method for inventorying, monitoring, experimenting, studying, researching, or modeling purposes; is relied upon by Interior in developing any rule, environmental analysis, economic assessment, policy, or guidance; and is not protected under copyright laws. For scientific products receiving federal funds Interior must also make publicly available the raw data used for them (any computational process or quantitative or qualitative data not protected by copyright or containing personally identifiable information, sensitive intellectual property, trade secrets, or business-sensitive information). If Interior fails to make publicly available any scientific product for longer than six months, it must withdraw the rule, environmental analysis, or economic assessment policy or guidance. This requirement shall not apply if a delay in the publication of a rule will pose an imminent and severe threat to human life. (Sec. 3) Interior shall arrange with the National Academy of Sciences for its Board on Earth Sciences and Resources to conduct a detailed, comprehensive study of the effectiveness of the "Surface Coal Mining and Reclamation Operations Permanent Regulatory Program; Stream Buffer Zones and Fish, Wildlife, and Related Environmental Values" Final Rule in protecting perennial and intermittent streams through the use of stream buffer zones. The study shall include suggestions and recommendations for increasing the effectiveness of the rule if it finds regulatory inefficiencies. Appropriations for the study are authorized for FY2016-FY2017. Until one year after publication of the Board's report to Congress, Interior may not issue any proposed or final regulations under the Act that relate either to stream buffer zones or to stream protection. (Sec. 4) The Surface Mining Control and Reclamation Act of 1977 is further amended to declare that nothing in it authorizes Interior to take any action that duplicates, implements, interprets, enforces, or determines compliance with specified mining, environmental, or fish and wildlife law.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lyme and Tick-Borne Disease Prevention, Education, and Research Act of 2011''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Lyme disease is a common but frequently misunderstood illness that, if not caught early and treated properly, can cause serious health problems. (2) Lyme disease is caused by the bacterium Borrelia burgdorferi, which belongs to the class of spirochetes, and is transmitted to humans by the bite of infected black-legged ticks. Early signs of infection may include a rash and flu-like symptoms such as fever, muscle aches, headaches, and fatigue. (3) Although Lyme disease can be treated with antibiotics if caught early, the disease often goes undetected because it mimics other illnesses or may be misdiagnosed. (4) If an individual with Lyme disease does not receive treatment, such individual can develop severe heart, neurological, eye, and joint problems. (5) Although Lyme disease accounts for 90 percent of all vector-borne infections in the United States, the ticks that spread Lyme disease also spread other diseases, such as anaplasmosis, babesiosis, and tularemia, and carry Bartonella and other strains of Borrelia. Other tick species, such as the aggressive lone star, spread ehrlichiosis, Rocky Mountain spotted fever, and southern tick-associated rash illness (STARI). Multiple diseases in 1 patient make diagnosis and treatment more difficult. (6) The Centers for Disease Control and Prevention reported more than 38,000 confirmed and probable Lyme disease cases in 2009. Over the past decade, the incidence of Lyme disease has increased by 84 percent. (7) According to the Centers for Disease Control and Prevention, from 1992 to 2006, the incidence of Lyme disease was highest among children aged 5 to 14 years of age. (8) Persistence of symptomatology in many patients without reliable testing makes diagnosis and treatment of patients more difficult. SEC. 3. ESTABLISHMENT OF A TICK-BORNE DISEASES ADVISORY COMMITTEE. (a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall establish within the Office of the Secretary an advisory committee to be known as the Tick-Borne Diseases Advisory Committee (referred to in this section as the ``Committee''). (b) Duties.--The Committee shall-- (1) advise the Secretary and the Assistant Secretary for Health regarding the manner in which such officials can-- (A) ensure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne diseases; (B) identify opportunities to coordinate efforts with other Federal agencies and private organizations addressing such diseases; (C) ensure interagency coordination and communication with constituency groups; (D) ensure that a broad spectrum of scientific viewpoints are represented in public health policy decisions and that information disseminated to the public and physicians is balanced; and (E) advise relevant Federal agencies on priorities related to Lyme and other tick-borne diseases; and (2) in coordination with relevant agencies within the Department of Health and Human Services, regularly review published public and private treatment guidelines and evaluate such guidelines for effective representation of a wide diversity of views. (c) Membership.-- (1) Appointed members.-- (A) In general.--From among individuals who are not officers or employees of the Federal Government, the Secretary shall appoint to the Committee, as voting members, the following: (i) Not less than 4 members from the scientific community representing the broad spectrum of viewpoints held within the scientific community related to Lyme and other tick-borne diseases. (ii) Not less than 2 representatives of tick-borne disease voluntary organizations. (iii) Not less than 2 health care providers, including not less than 1 full-time practicing physician, with relevant experience providing care for individuals with a broad range of acute and chronic tick-borne diseases. (iv) Not less than 2 patient representatives who are individuals who have been diagnosed with a tick-borne disease or who have had an immediate family member diagnosed with such a disease. (v) At least 2 representatives of State and local health departments and national organizations that represent State and local health professionals. (B) Diversity.--In appointing members under this paragraph, the Secretary shall ensure that such members, as a group, represent a diversity of scientific perspectives relevant to the duties of the Committee. (2) Ex officio members.--The Secretary shall designate, as nonvoting, ex officio members of the Committee, representatives overseeing tick-borne disease activities from each of the following Federal agencies: (A) The Centers for Disease Control and Prevention. (B) The National Institutes of Health. (C) The Agency for Healthcare Research and Quality. (D) The Food and Drug Administration. (E) The Office of the Assistant Secretary for Health. (F) Such additional Federal agencies as the Secretary determines to be appropriate. (3) Co-chairpersons.--The Secretary shall designate the Assistant Secretary of Health as the co-chairperson of the Committee. The appointed members of the Committee shall also elect a public co-chairperson. The public co-chairperson shall serve a 2-year term. (4) Term of appointment.--The term of service for each member of the Committee appointed under paragraph (1) shall be 4 years. (5) Vacancy.--A vacancy in the membership of the Committee shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of that term. Members may serve after the expiration of their terms until their successors have taken office. (d) Meetings.--The Committee shall hold public meetings, except as otherwise determined by the Secretary, after providing notice to the public of such meetings, and shall meet at least twice a year with additional meetings subject to the call of the co-chairpersons. Agenda items with respect to such meetings may be added at the request of the members of the Committee, including the co-chairpersons. Meetings shall be conducted, and records of the proceedings shall be maintained, as required by applicable law and by regulations of the Secretary. (e) Report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Committee, acting through the members representing the Centers for Disease Control and Prevention and the National Institutes of Health, shall submit a report to the Secretary. Each such report shall contain, at a minimum-- (1) a description of the Committee's functions; (2) a list of the Committee's members and their affiliations; and (3) a summary of the Committee's activities and recommendations during the previous year, including any significant issues regarding the functioning of the Committee. (f) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated such sums a may be necessary for each of the fiscal years 2012 through 2016. Amounts appropriated under the preceding sentence shall be used for the expenses and per diem costs incurred by the Committee under this section in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), except that no voting member of the Committee shall be a permanent salaried employee. SEC. 4. FEDERAL ACTIVITIES RELATED TO THE DIAGNOSIS, SURVEILLANCE, PREVENTION, AND RESEARCH OF LYME AND OTHER TICK-BORNE DISEASES. (a) In General.--The Secretary, acting as appropriate through the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, the Commissioner of Food and Drugs, and the Director of the Agency for Healthcare Research and Quality, as well as additional Federal agencies as the Secretary determines to be appropriate, and in consultation with the Tick-Borne Diseases Advisory Committee, shall provide for-- (1) the conduct or support of the activities described in subsection (b); and (2) the coordination of all Federal programs and activities related to Lyme disease and other tick-borne diseases. (b) Activities.--The activities described in this subsection are the following: (1) Development of diagnostic tests.--Such activities include-- (A) the development of sensitive and more accurate diagnostic tools and tests, including a direct detection test for Lyme disease capable of distinguishing active infection from past infection; (B) improving the efficient utilization of diagnostic testing currently available to account for the multiple clinical manifestations of both acute and chronic Lyme disease; and (C) providing for the timely evaluation of promising emerging diagnostic methods. (2) Surveillance and reporting.--Such activities include surveillance and reporting of Lyme and other tick-borne diseases-- (A) to accurately determine the prevalence of Lyme and other tick-borne diseases; (B) to evaluate the feasibility of developing a reporting system for the collection of data on physician-diagnosed cases of Lyme disease that do not meet the surveillance criteria of the Centers for Disease Control and Prevention in order to more accurately gauge disease incidence; and (C) to evaluate the feasibility of creating a national uniform reporting system including required reporting by laboratories in each State. (3) Prevention.--Such activities include-- (A) the provision and promotion of access to a comprehensive, up-to-date clearinghouse of peer- reviewed information on Lyme and other tick-borne diseases; (B) increased public education related to Lyme and other tick-borne diseases through the expansion of the Community Based Education Programs of the Centers for Disease Control and Prevention to include expansion of information access points to the public; (C) the creation of a physician education program that includes the full spectrum of scientific research related to Lyme and other tick-borne diseases, and, in coordination with the Advisory Committee established under section 3, the publication of an annual report that evaluates published guidelines and current research available on Lyme disease, in order to best educate health professionals on the latest research and diversity of treatment options for Lyme disease; and (D) the sponsoring of scientific conferences on Lyme and other tick-borne diseases, including reporting and consideration of the full spectrum of clinically based knowledge, with the first of such conferences to be held not later than 24 months after the date of enactment of this Act. (4) Clinical outcomes research.--Such activities include-- (A) the establishment of epidemiological research objectives to determine the long-term course of illness for Lyme disease; and (B) determination of the effectiveness of different treatment modalities by establishing treatment outcome objectives. (c) Authorization of Appropriations.-- (1) In general.--For the purposes of carrying out this section, and for the purposes of providing for additional research, prevention, and educational activities for Lyme and other tick-borne diseases, there is authorized to be appropriated such sums as may be necessary for each of the fiscal years 2012 through 2016. (2) Additional amounts.--The authorization of appropriations under this subsection is in addition to any other authorization of appropriations available for the purposes described in paragraph (1). SEC. 5. REPORTS ON LYME AND OTHER TICK-BORNE DISEASES. (a) In General.--Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the activities carried out under this Act. (b) Content.--Reports under subsection (a) shall contain-- (1) significant activities or developments related to the surveillance, diagnosis, treatment, education, or prevention of Lyme or other tick-borne diseases, including suggestions for further research and education; (2) a scientifically qualified assessment of Lyme and other tick-borne diseases, including both acute and chronic instances, related to the broad spectrum of empirical evidence of treating physicians, as well as published peer reviewed data, that shall include recommendations for addressing research gaps in diagnosis and treatment of Lyme and other tick-borne diseases and an evaluation of treatment guidelines and their utilization; (3) progress in the development of accurate diagnostic tools that are more useful in the clinical setting for both acute and chronic disease; (4) the promotion of public awareness and physician education initiatives to improve the knowledge of health care providers and the public regarding clinical and surveillance practices for Lyme disease and other tick-borne diseases; and (5) a copy of the most recent annual report issued by the Tick-Borne Diseases Advisory Committee established under section 3 and an assessment of progress in achieving the recommendations included in the Committee's report.

Lyme and Tick-Borne Disease Prevention, Education, and Research Act of 2011 - Requires the Secretary of Health and Human Services (HHS) to establish the Tick-Borne Diseases Advisory Committee. Requires the Committee to advise the Secretary and the Assistant Secretary for Health regarding the manner in which such officials can: (1) ensure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne diseases; (2) identify opportunities to coordinate efforts with other federal agencies and private organizations addressing such diseases; (3) ensure interagency coordination and communication with constituency groups; (4) ensure that a broad spectrum of scientific viewpoints are represented in public heath policy decisions and that information disseminated to the public and physicians is balanced; and (5) advise relevant federal agencies on priorities related to Lyme and other tick-borne diseases. Directs the Committee to regularly review published public and private treatment guidelines and evaluate such guidelines for effective representation of a wide variety of views. Requires the Secretary, acting as appropriate through various federal officials, to provide for the coordination of all federal programs and activities related to Lyme and other tick-borne diseases and the conduct or support of specified activities, including: (1) developing sensitive and accurate diagnostic tools and tests, (2) improving the efficient utilization of diagnostic testing currently available; (3) surveillance and reporting of Lyme and other tick-borne diseases; (4) providing and promoting access to a clearinghouse of information on such diseases; (5) increasing public education related to such diseases; (6) creating a physician education program to educate health professionals on the latest research and diversity of treatment options for Lyme disease; (7) establishing epidemiological research objectives; and (8) determining the effectiveness of different treatment modalities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Corporation Reauthorization Act of 2006''. SEC. 2. PURPOSES OF THE CORPORATION. (a) Purposes.--Section 33(b) of the Small Business Act (15 U.S.C. 657c(b)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) to establish and maintain a national network of information and assistance centers for use by veterans and the public by-- ``(A) providing information regarding small business oriented employment or development programs; ``(B) providing access to studies and research concerning the management, financing, and operation of small business enterprises, small business participation in international markets, export promotion, and technology transfer; ``(C) providing referrals to business analysts who can provide direct counseling to veteran small business owners regarding the subjects described in this section; ``(D) serving as an information clearinghouse for business development and entrepreneurial assistance materials, as well as other veteran assistance materials, as deemed necessary, that are provided by Federal, State and local governments; and ``(E) providing assistance to veterans and service- disabled veterans in efforts to gain access to Federal prime contracts and subcontracts; and''; and (2) in paragraph (2), by striking ``including service- disabled veterans'' and inserting ``particularly service- disabled veterans''. SEC. 3. MANAGEMENT OF THE CORPORATION. (a) Appointments to the Board.--Section 33(c)(2) of the Small Business Act (15 U.S.C. 657c(c)(2)) is amended to read as follows: ``(2) Appointment of voting members.-- ``(A) In general.--The President shall, after considering recommendations proposed under subparagraph (B), appoint the 9 voting members of the Board, all of whom shall be United States citizens, and not more than 5 of whom shall be members of the same political party. ``(B) Recommendations.--Recommendations shall be submitted to the President for appointments under this paragraph by the chairman or ranking member (or both) of the Committee on Small Business and Entrepreneurship or the Committee on Veterans Affairs (or both) of the Senate or the Committee on Small Business or the Committee on Veterans Affairs (or both) of the House of Representatives. ``(C) Consultation with veteran organizations.-- Recommendations under subparagraph (B) shall be made after consultation with such veteran service organizations as are determined appropriate by the member of Congress making the recommendation. ``(D) Considerations.--Consideration for eligibility for membership on the Board shall include business experience, knowledge of veterans' issues, and ability to raise funds for the Corporation. ``(E) Limitation on internal recommendations.--No member of the Board may recommend an individual for appointment to another position on the Board.''. (b) Terms.--Section 33(c)(6) of the Small Business Act (15 U.S.C. 657c(c)(6)) is amended to read as follows: ``(6) Terms of appointed members.-- ``(A) In general.--Each member of the Board of Directors appointed under paragraph (2) shall serve for a term of 4 years. ``(B) Unexpired terms.--Any member of the Board of Directors appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of the term. A member of the Board of Directors may not serve beyond the expiration of the term for which the member is appointed.''. (c) Removal of Board Members.--Section 33(c) of the Small Business Act (15 U.S.C. 657c(c)) is amended by adding at the end the following: ``(12) Removal of members.--With the approval of a majority of the Board of Directors and the approval of the chairmen and ranking members of the Committee on Small Business and Entrepreneurship and the Committee on Veterans Affairs of the Senate, the Corporation may remove a member of the Board of Directors that is deemed unable to fulfill his or her duties, as established under this section.''. SEC. 4. TIMING OF TRANSFER OF ADVISORY COMMITTEE DUTIES. Section 33(h) of the Small Business Act (15 U.S.C. 657c(h)) is amended by striking ``October 1, 2006'' and inserting ``October 1, 2009''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 33(k) of the Small Business Act (15 U.S.C. 657c(k)(1)) is amended-- (1) in paragraph (1)-- (A) by inserting ``, through the Office of Veteran's Business Development of the Administration,'' after ``to the Corporation''; and (B) by striking subparagraphs (A) through (D) and inserting the following: ``(A) $2,000,000 for fiscal year 2007; ``(B) $2,000,000 for fiscal year 2008; and ``(C) $2,000,000 for fiscal year 2009.''; (2) by striking paragraph (2) and inserting the following: ``(2) Matching requirements.-- ``(A) In general.--The Administration shall require, as a condition of any grant (or amendment or modification thereto) made to the Corporation under this section, that a matching amount (excluding any fees collected from recipients of such assistance) equal to the amount of such grant be provided from sources other than the Federal Government. ``(B) Limitation.--Not more than 33 percent of the total revenue of the Corporation, including the funds raised for use at the Veteran's Business Resource Centers, may be acquired from fee-for-service tools or direct charge to the veteran receiving services, as described in this section, except that the amount of any such fee or charge may not exceed the amount of such fee or charge in effect on the date of enactment of the Veterans Corporation Reauthorization Act of 2006. ``(C) Mission-related limitation.--The Corporation may not engage in revenue producing programs, services, or related business ventures that are not intended to carry out the mission and activities described in section (b). ``(D) Return to treasury.--Funds appropriated under this section that have not been expended at the end of the fiscal year for which they were appropriated shall revert back to the Treasury.''; and (3) by striking paragraph (3). SEC. 6. PRIVATIZATION. Section 33 of the Small Business Act (15 U.S.C. 657c) is amended-- (1) by striking subsections (f) and (i); and (2) by redesignating subsections (g), (h), (j), and (k) as subsections (f) through (i), respectively; and (3) by adding at the end the following: ``(j) Privatization.-- ``(1) Development of plan.--Not later than 6 months after the date of enactment of the Veterans Corporation Reauthorization Act of 2006, the Corporation shall develop, institute, and implement a plan to raise private funds and become a self-sustaining corporation. ``(2) GAO audit and report.-- ``(A) Audit.--The Comptroller General of the United States shall conduct an audit of the Corporation, in accordance with generally accepted accounting principles and generally accepted audit standards. ``(B) Inclusions.--The audit required by this paragraph shall include-- ``(i) an evaluation of the efficacy of the Corporation in carrying out the purposes under section (b); and ``(ii) an analysis of the feasibility of the sustainability plan developed by the Corporation. ``(C) Report.--Not later than 1 year after the date of enactment of the Veterans Corporation Reauthorization Act of 2006, the Comptroller General shall submit a report on the audit conducted under this paragraph to the Committee on Small Business and Entrepreneurship and the Committee on Veterans Affairs of the Senate and to the Committee on Small Business and the Committee on Veterans Affairs of the House of Representatives.''.

Veterans Corporation Reauthorization Act of 2006 - Amends the Small Business Act to make it the principal purpose of the Veterans Corporation to establish and maintain a national network of information and assistance centers for use by veterans and the public. Revises requirements for appointment of voting members of the Board of the Corporation. Shortens the term of appointment from six to four years. Provides for removal of a Board member deemed unable to fulfill his or her duties. Postpones from October 1, 2006, to October 1, 2009, the date upon which the Corporation shall assume the duties of the Advisory Committee on Veterans Affairs. Extends the authorization of appropriations. Revises grant matching requirements, establishing limitations on the Corporation's nonfederal sources of revenue. Directs the Corporation to develop and implement a plan to raise private funds and become a self-sustaining corporation within six months after enactment of this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``General Services Administration Portfolio Enhancement Act of 2007''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) CERCLA.--The term ``CERCLA'' means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (3) Committees.--The term ``Committees'' means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. (4) Museum.--The term ``Museum'' means the National Health Museum, Inc., a District of Columbia nonprofit corporation exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986. (5) Northern portion of the property.--The term ``northern portion of the property'' means that portion of the property which the Administrator and the Museum deem appropriate for the museum facility. (6) Property.--The term ``property'' means the property located in the District of Columbia, subject to survey and as determined by the Administrator, generally consisting of Squares 325 and 326, and the westerly portions of Squares 351 and 352, including the parcel and structure commonly known as the ``Cotton Annex''. The property is generally bounded by 12th Street, Independence Avenue, Maryland Avenue, the James Forrestal Building, and L'Enfant Plaza, all in Southwest Washington, District of Columbia, and shall include all associated air rights, improvements thereon, and appurtenances thereto. (7) Southern portion of the property.--The term ``southern portion of the property'' means that portion of the property other than the northern portion of the property. SEC. 3. CONVEYANCE OF PROPERTY. (a) Authority to Convey.-- (1) In general.--Subject to the requirements of this Act, the Administrator shall convey the northern portion of the property to the Museum, and shall have the authority to convey the southern portion of the property to the Museum, in each case on such terms and conditions as the Administrator considers reasonable and appropriate to protect the interests of the United States and further the purposes of this Act. (2) Agreement.--As soon as practicable, but not later than 90 days after the date of enactment of this Act, the Administrator shall enter into an agreement with the Museum for the conveyance. (3) Terms and conditions.--The terms and conditions of the agreement shall address, among other things, mitigation of developmental impacts to existing Federal buildings and structures, security concerns, and operational protocols for development and use of the property. (4) Separate conveyance of northern and southern portions.--Under the agreement, the Administrator may convey the northern portion of the property separately from and, if so agreed by the Administrator and the Museum, at a different time than the southern portion of the property (if such southern portion is conveyed). (b) Purchase Price.-- (1) In general.--The purchase price for the property shall be its fair market value based on its highest and best use as determined by an independent appraisal commissioned by the Administrator and paid for by the Museum. (2) Selection of appraiser.--The appraisal shall be performed by an appraiser mutually acceptable to the Administrator and the Museum. (3) Terms and conditions for appraisal.-- (A) In general.--Except as provided by subparagraph (B), the assumptions, scope of work, and other terms and conditions related to the appraisal assignment shall be mutually acceptable to the Administrator and the Museum. (B) Required terms.--The following terms and conditions shall apply to the appraisal: (i) The appraisal shall assume that the property does not contain hazardous substances (as defined in section 101 of CERCLA (42 U.S.C. 9601)) which require response action (as defined in such section). (ii) The appraisal shall state a value for the property as a whole as well as separate values for the northern portion and southern portion of the property, taking into consideration the impact to value (if any) resulting from a conveyance of less than the entirety of the property. (c) Application of Proceeds.--The purchase price shall be paid into the Federal Buildings Fund established under section 592 of title 40, United States Code. Upon deposit, the Administrator may expend the proceeds from the conveyance for any lawful purpose consistent with existing authorities granted to the Administrator; except that the Administrator shall provide the Committees with 30 days advance written notice of any expenditure of the proceeds. (d) Quit Claim Deed.--The property shall be conveyed (in the case of the southern portion of the property, if at all) pursuant to one or more quit claim deeds (one for the northern portion of the property and one for the southern portion of the property), (e) Use Restrictions.-- (1) Northern portion.--The northern portion of the property shall be dedicated for use as a site for a national health museum for the 99-year period beginning on date of conveyance of that portion to the Museum. (2) Southern portion.--The southern portion of the property may be used for any purposes permitted by applicable laws and regulations. (f) Reversion.-- (1) Bases for reversion.--The northern portion of the property shall revert to the United States, at the option of the United States, without any obligation for repayment by the United States of any amount of the purchase price for the property, if-- (A) that portion is not used as a site for a national health museum at any time during the 99-year period referred to in subsection (e); or (B) the Museum has not commenced construction of a museum facility on that portion in the 5-year period beginning on the date of enactment of this Act, other than for reasons beyond the control of the Museum as reasonably determined by the Administrator. (2) Enforcement.--The Administrator may perform any acts necessary to enforce the reversionary rights provided in this section. (3) Custody of property upon reversion.--If any portion of the property reverts to the United States pursuant to this section, such property shall be under the custody and control of the Administrator. (g) Closing.-- (1) Deadline.--Any conveyance pursuant to this Act shall occur not later than 3 years after the date of enactment of this Act. The Administrator may extend that period for such time as is reasonably necessary for the Museum to perform its obligations under section 4(a). (2) Applicability of requirements.--The requirements of this Act shall remain in full force and effect with respect to any portion of the property conveyed before the deadline established by paragraph (1) or any extension. SEC. 4. ENVIRONMENTAL MATTERS. (a) Authorization To Contract for Environmental Response Actions.-- The Administrator is authorized to contract, in the absence of appropriations and otherwise without regard to section 1341 of title 31, United States Code, with the Museum or an affiliate thereof for the performance (on behalf of the Administrator) of response actions (if any) required on the property pursuant to CERCLA. Any officer or employee of the United States may contract for payment of costs or expenses related to any properties that are conveyed (or to be conveyed) under this Act. (b) Crediting of Response Costs.--Any costs incurred by the Museum or an affiliate thereof pursuant to subsection (a) shall be credited to the purchase price for the property. (c) Relationship to CERCLA.--Nothing in this Act may be construed to affect or limit the application of or obligation to comply with any environmental law, including section 120(b) of CERCLA (42 U.S.C. 9620(b)). SEC. 5. INCIDENTAL COSTS. (a) Responsibilities.--Subject to section 4, the Museum shall bear any and all costs associated with complying with the provisions of this Act, including studies and reports, surveys, relocating tenants, and mitigating impacts to existing Federal buildings and structures resulting directly from the development of the property by the Museum. (b) Relocation of Existing Tenants.--The costs of relocating existing tenants (including the costs of related studies), shall be paid by the Museum up to an amount to be agreed upon by the Administrator and the Museum in the agreement entered into under section 3(a)(2), and any costs in excess of such agreed upon amount shall be credited to the purchase price for the property upon the closing on the portion of the property first conveyed. SEC. 6. LAND USE APPROVALS. (a) Existing Authorities.--Nothing in this Act shall be construed as limiting or affecting the authority or responsibilities of the National Capital Planning Commission or the Commission of Fine Arts. (b) Cooperation.-- (1) Zoning and land use.--Subject to paragraph (2), the Administrator shall reasonably cooperate with the Museum with respect to any zoning or other land use matter relating to development of the property in accordance with this Act. Such cooperation shall include consenting to applications by the Museum for applicable zoning and permitting with respect to the property. (2) Limitations.--The Administrator shall not be required to incur any costs with respect to cooperation under this subsection and any consent provided under this subsection shall be premised on the property being developed and operated in accordance with this Act. SEC. 7. REPORTS. Not later than one year after the date of enactment of this Act, and annually thereafter until the end of the 5-year period following conveyance of the northern portion of the property or until substantial completion of the museum facility (whichever is later), the Museum shall submit annual reports to the Administrator and the Committees detailing the development and construction activities of the Museum with respect to this Act.

General Services Administration Portfolio Enhancement Act of 2007 - Directs the Administrator of General Services (GSA) to convey to the National Health Museum, Inc. (the Museum) the northern part of specified property in the District of Columbia, which the Administrator and the Museum deem appropriate for a museum facility. Grants the Administrator the authority to convey the southern part of such property to the Museum. Requires the Administrator to enter into an agreement with the Museum for the conveyance. Permits separate conveyance of the northern and southern parts. Requires the northern part to be dedicated for use as a site for a national health museum for a 99-year period and allows the southern part to be used for any purposes permitted by applicable laws and regulations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Border Act of 2012''. SEC. 2. STRATEGY TO ACHIEVE OPERATIONAL CONTROL OF THE BORDER. (a) Strategy to Secure the Border Between the Ports of Entry.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate congressional committees a comprehensive strategy for gaining, within five years, operational control of the international borders between the ports of entry of the United States. The strategy shall include an analysis of the following: (1) Staffing requirements for all border security functions. (2) Investment in infrastructure, including pedestrian fencing, vehicle barriers, and roads. (3) The use of unmanned aerial vehicles, camera technology, sensors, and other innovative technology as the Secretary may determine. (4) Cooperative agreements with international, State, local, tribal, and other Federal law enforcement agencies that have jurisdiction on the northern border and southern border. (5) Other means designed to detect, respond to, and interdict unlawful cross-border activity and to reduce the level of violence. (6) A schedule for implementing security measures, including a prioritization for future investments. (7) A comprehensive technology plan for major surveillance and detection technology programs, including a justification and rationale for technology choices and deployment locations. (8) The recommendations made in the December 2010 Government Accountability Office report entitled ``Enhanced DHS Oversight and Assessment of Interagency Coordination is Needed for the Northern Border''. (b) Securing the Border at Ports of Entry.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall develop metrics to measure the effectiveness of security at ports of entry, which shall consider, at minimum, the following: (1) The number of infractions related to personnel and cargo committed by major violators who are apprehended by U.S. Customs and Border Protection at such ports of entry. (2) The estimated number of such infractions committed by major violators who are not so apprehended. (3) The required number of U.S. Customs and Border Protection Officers, Agricultural Specialists, and Canine Enforcement Officers necessary to achieve operational control at such ports of entry. (4) Infrastructure improvements required to achieve operational control at such ports of entry, including the installation of nonintrusive detection equipment, radiation portal monitors, biometrics, and other sensors and technology that the Secretary determines necessary. (5) The deployment of resources based on the overall commercial and passenger traffic, cargo volume, and threat environment at such ports of entry. (6) The recommendations made in the December 2010 Government Accountability Office report entitled ``Enhanced DHS Oversight and Assessment of Interagency Coordination is Needed for the Northern Border''. (c) Evaluation by Department of Energy National Laboratory.--The Secretary of Homeland Security shall request the head of an appropriate Department of Energy National Laboratory with prior expertise in border security to evaluate the measurement system required under subsection (b) to ensure its suitability and statistical validity for analyzing progress for the interdiction of illegal crossing and contraband at ports of entry. (d) Consideration of Alternative Border Security Standards.--If in developing the strategic plan required under subsection (a) the Secretary of Homeland Security makes a determination to measure security between border ports of entry by a standard other than operational control, the Secretary shall request the head of an appropriate Department of Energy National Laboratory with prior expertise in border security to evaluate such alternative standard to ensure the suitability and statistical validity of such standard with respect to measuring the progress for the interdiction of illegal crossings and contraband that pass between such ports of entry. (e) Reports.--Not later than 60 days after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security shall submit the appropriate congressional committee a report on the following: (1) A resource allocation model for current and future year staffing requirements that includes optimal staffing levels at all land, air, and sea ports of entry and an explanation of U.S. Customs and Border Protection methodology for aligning staffing levels and workload to threats and vulnerabilities across all mission areas. (2) Detailed information on the level of manpower data available at all land, air, and sea ports of entry, including the number of canine and agricultural officers assigned to each such port of entry. (f) Definitions.--In this Act: (1) Appropriate congressional committee.--The term ``appropriate congressional committee'' means the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. (2) Major violator.--The term ``major violator'' means a person or entity that is or has engaged in serious criminal activities at any land, air, or sea port of entry, including possession of narcotics, smuggling of prohibited products, human smuggling, weapons possession, use of fraudulent United States documents, and other offenses serious enough to result in arrest. (3) Operational control.--The term ``operational control'' has the meaning given such term in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367). Passed the House of Representatives May 30, 2012. Attest: KAREN L. HAAS, Clerk.

Secure Border Act of 2012 - Directs the Secretary of Homeland Security (DHS) to submit to the appropriate congressional committees a comprehensive strategy for gaining, within five years, operational control of the international borders between U.S. ports of entry. Requires such strategy to include an analysis of: (1) staffing requirements; (2) infrastructure needs; (3) the use of unmanned aerial vehicles, camera technology, sensors, and other innovative technology; (4) cooperative agreements with international, state, local, tribal, and other federal law enforcement agencies; (5) other means designed to respond to unlawful cross-border activity and to reduce the level of violence; (6) a schedule for implementing security measures; (7) a plan for major surveillance and detection technology programs; and (8) the recommendations made in the Government Accountability Office (GAO) report "Enhanced DHS Oversight and Assessment of Interagency Coordination is Needed for the Northern Border." Directs the Secretary to develop metrics to measure security effectiveness at ports of entry which shall consider: (1) the number of infractions related to personnel and cargo committed by major violators; (2) the required number of U.S. Customs and Border Protection Officers, Agricultural Specialists, and Canine Enforcement Officers necessary to achieve operational control; (3) infrastructure improvements; (4) resource deployment; and (5) the recommendations made in such GAO report. Sets forth reporting requirements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Tax Moratorium and Equity Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The moratorium of the Internet Tax Freedom Act on new taxes on Internet access and on multiple and discriminatory taxes on electronic commerce should be extended. (2) States should be encouraged to simplify their sales and use tax systems. (3) As a matter of economic policy and basic fairness, similar sales transactions should be treated equally, without regard to the manner in which sales are transacted, whether in person, through the mails, over the telephone, on the Internet, or by other means. (4) Congress may facilitate such equal taxation consistent with the United States Supreme Court's decision in Quill Corp. v. North Dakota. (5) States that adequately simplify their tax systems should be authorized to correct the present inequities in taxation through requiring sellers to collect taxes on sales of goods or services delivered in-state, without regard to the location of the seller. (6) The States have experience, expertise, and a vital interest in the collection of sales and use taxes, and thus should take the lead in developing and implementing sales and use tax collection systems that are fair, efficient, and non- discriminatory in their application and that will simplify the process for both sellers and buyers. (7) Online consumer privacy is of paramount importance to the growth of electronic commerce and must be protected. SEC. 3. EXTENSION OF INTERNET TAX FREEDOM ACT MORATORIUM THROUGH 2005. Section 1101(a) of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by striking ``3 years after the date of the enactment of this Act--'' and inserting ``on December 31, 2005:''. SEC. 4. STREAMLINED SALES AND USE TAX SYSTEM. (a) Development of Streamlined System.--It is the sense of the Congress that States and localities should work together, with the advice of the National Conference of Commissioners on Uniform State Laws, to develop a streamlined sales and use tax system that addresses the following in the context of remote sales: (1) A centralized, one-stop, multi-state registration system for sellers. (2) Uniform definitions for goods or services, whose sale may, by State action, be included in the tax base. (3) Uniform rules for attributing transactions to particular taxing jurisdictions. (4) Uniform procedures for-- (A) the designation and identification of purchasers exempt from sales and use taxes; and (B) immunization from liability for sellers that rely on such State procedures. (5) Uniform procedures for the certification of software that sellers rely on to determine sales and use tax rates and taxability. (6) Uniform bad debt rules. (7) A uniform format for tax returns and remittance forms. (8) Consistent electronic filing and remittance methods. (9) State administration of all State and local sales and use taxes. (10) Uniform audit procedures, including a provision giving a seller the option to be subject to no more than a single audit per year using those procedures; provided that if the seller does not comply with the procedures to elect a single audit, any States can conduct an audit using those procedures. (11) Reasonable compensation for tax collection by sellers. (12) Exemption from use tax collection requirements for remote sellers falling below a de minimis threshold of $5,000,000 in gross annual sales. (13) Appropriate protections for consumer privacy. (14) Such other features that the States deem warranted to promote simplicity, uniformity, neutrality, efficiency, and fairness. (b) No Undue Burden.--The Congress finds that, if adopted, the system described in subsection (a) will not place an undue burden on interstate commerce or burden the growth of electronic commerce and related technologies in any material way. SEC. 5. INTERSTATE SALES AND USE TAX COMPACT. (a) Authorization and Consent.--In general, the States are authorized to enter into an Interstate Sales and Use Tax Compact. Subject to subsection (c), the Congress consents to their entry into that Compact. The Compact shall describe a uniform, streamlined sales and use tax system consistent with section 4(a), and shall provide that States joining the Compact must adopt that system. (b) Expiration.--The authorization and consent in subsection (a) shall expire if the Compact has not been formed before January 1, 2006. (c) Congressional Consent Withdrawn if Compact Disapproved.-- (1) Adopting states to transmit.--Upon the 20th State becoming a signatory to the Compact, the adopting States shall transmit a copy of the Compact to Congress. (2) Congressional action.--The consent of the Congress to the Compact is withdrawn if the Congress, by law, disapproves the Compact within 120 days (computed in accordance with section 154 of the Trade Act of 1974 (19 U.S.C. 2194)) after the adopting States transmit it to the Congress. SEC. 6. AUTHORIZATION TO SIMPLIFY STATE USE-TAX RATES THROUGH AVERAGING. (a) In General.--A State that levies a use tax shall impose a single, uniform State-wide use-tax rate on all remote sales on which it assesses a use tax for any calendar year for which the State meets the requirements of subsection (b). (b) Averaging Requirement.--A State meets the requirements of this subsection for any calendar year in which the single, uniform State- wide use-tax rate is in effect if such rate is no greater than the weighted average of the sales tax rates actually imposed by a State and its local jurisdictions during the second calendar year prior to such calendar year. (c) Computation of Rate No Greater Than Weighted Average.--For purposes of subsection (b), a State-wide use tax rate is no greater than the weighted average of the sales tax rates imposed in a prior calendar year only if, had such rate been assessed during such prior calendar year on all sales on which a sales tax was actually assessed by such State and its local jurisdictions, such rate would not have yielded a greater total assessment of taxes than the total taxes actually assessed on such sales during such year. (d) Annual Option To Collect Actual Tax.--Notwithstanding subsection (a), a remote seller has the annual option of collecting applicable State and local use taxes throughout a State. SEC. 7. AUTHORIZATION TO REQUIRE COLLECTION OF USE TAXES. (a) Grant of Authority.-- (1) States that adopt the system may require collection.-- Any State that has adopted the system described in the Compact is authorized, notwithstanding any other provision of law, to require all sellers not qualifying for the de minimis exception to collect and remit sales and use taxes on remote sales to purchasers located in such State after the expiration of the 120 day period described by section 5(c)(2) unless the Compact is disapproved under section 5(c). (2) States that do not adopt the system may not require collection.--Paragraph (1) does not extend to any State that does not adopt the system described in the Compact. (b) No Effect on Nexus, Etc.--No obligation imposed by virtue of authority granted by subsection (a)(1) or denied by subsection (a)(2) shall be considered in determining whether a seller has a nexus with any State for any other tax purpose. Except as provided in subsection (a), nothing in this Act permits or prohibits a State-- (1) to license or regulate any person; (2) to require any person to qualify to transact intrastate business; or (3) to subject any person to State taxes not related to the sale of goods or services. SEC. 8. LIMITATION. In general, nothing in this Act shall be construed as subjecting sellers to franchise taxes, income taxes, or licensing requirements of a State or political subdivision thereof, nor shall anything in this Act be construed as affecting the application of such taxes or requirements or enlarging or reducing the authority of any State or political subdivision to impose such taxes or requirements. SEC. 9. DEFINITIONS. In this Act: (1) State.--The term ``State'' means any State of the United States of America and includes the District of Columbia. (2) Goods or services.--The term ``goods or services'' includes tangible and intangible personal property and services. (3) Remote sale.--The term ``remote sale'' means a sale in interstate commerce of goods or services attributed, under the rules established pursuant to section 4(a)(3) of this Act, to a particular taxing jurisdiction that could not, except for the authority granted by this Act, require that the seller of such goods or services collect and remit sales or use taxes on such sale. (4) Locus of remote sale.--The term ``particular taxing jurisdiction'', when used with respect to the location of a remote sale means a remote sale of goods or services attributed, under the rules established pursuant to section 4(a)(3) of this Act, to a particular taxing jurisdiction.

Expresses the sense of the Congress that States and localities should work together, with the advice of the National Conference of Commissioners on Uniform State Laws, to develop a uniform streamlined sales and use tax system that addresses remote sales. Authorizes States to enter into an Interstate Sales and Use Tax Compact which shall describe a uniform, streamlined sales and use tax system consistent with such system.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bovine Growth Hormone Moratorium Act of 1993''. SEC. 2. SALE OF MILK PRODUCED WITH BOVINE GROWTH HORMONE. Section 204 of the Agricultural Act of 1949 (7 U.S.C. 1446e) is amended-- (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following new subsection: ``(k) Sale of Milk Produced With Bovine Growth Hormone.-- ``(1) Definitions.--As used in this subsection: ``(A) Bovine growth hormone.--The term `bovine growth hormone' means-- ``(i) a substance known as bovine somatotropin, bST, BST, bGH, or BGH; and ``(ii) a growth hormone, intended for use in bovine, that has been produced through recombinant DNA techniques. ``(B) Cow.--The term `cow' means a bovine animal. ``(2) Prohibition on sale.--During the period beginning 30 days after the date of enactment of the Bovine Growth Hormone Moratorium Act of 1993 and ending on the date of submission to Congress of the report required under paragraph (5), it shall be unlawful for a person to market for commercial use milk produced by a cow after the cow was injected with bovine growth hormone if the person knew, or should have known, that the cow was injected with the hormone and that the milk could be marketed for commercial use. ``(3) Records.-- ``(A) In general.--During the period referred to in paragraph (2), a person who sells bovine growth hormone or injects the hormone into a cow shall prepare and maintain records that comply with the regulations issued by the Secretary under subparagraph (B). ``(B) Regulations.-- ``(i) Persons covered.--Not later than 30 days after the date of enactment of the Bovine Growth Hormone Moratorium Act of 1993, the Secretary shall issue regulations that require-- ``(I) persons who sell bovine growth hormone; and ``(II) persons who inject bovine growth hormone into cows, to create and maintain records that contain the applicable information specified in clause (ii). ``(ii) Information.--Regulations issued under this subparagraph shall require records to contain a description of-- ``(I) the quantity and source of the bovine growth hormone obtained (by manufacture, purchase, or any other means); ``(II) the date on which the hormone was obtained; and ``(III) the identity of each person to whom the hormone was sold or otherwise distributed, the cows into which any portion of the hormone was injected, and each person who has an operator or ownership interest in the cows. ``(4) Penalties.-- ``(A) In general.--Except as provided in subparagraph (B), a person who violates paragraph (2) or (3) shall be liable for a civil penalty of $1,000. ``(B) Multiple violations.--A person who commits more than one violation of paragraph (2), or more than one violation of paragraph (3), shall be liable for a civil penalty of $10,000 for each such violation after the first such violation. ``(C) Separate violations.--For purposes of this paragraph-- ``(i) each day on which a person sells milk in violation of paragraph (2) shall be treated as a separate violation of paragraph (2) by the person; and ``(ii) each day on which a person sells or injects bovine growth hormone in violation of paragraph (3) shall be treated as a separate violation of paragraph (3) by the person. ``(5) Study and report.--Not later than 1 year after the date of enactment of the Bovine Growth Hormone Moratorium Act of 1993, the Secretary shall-- ``(A) conduct a study of the economic impact of the use of bovine growth hormone on the dairy industry and the Federal milk price support program established under this section; and ``(B) submit to the appropriate committees of Congress a report summarizing in detail the results of the study.''.

Bovine Growth Hormone Moratorium Act of 1993 - Amends the Agricultural Act of 1949 to temporarily prohibit the sale of milk produced by cows injected with bovine growth hormone if the producer knew or should have known that the cow was injected with the hormone and that the milk could be commercially marketed. Requires the Secretary of Agriculture to study the economic impact of the use of bovine growth hormone on the dairy industry and the Federal milk price program.

SECTION 1. INTERSTATE AND INTERNATIONAL TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE. (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding after section 4010 the following new section: ``SEC. 4011. INTERNATIONAL TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE. ``(a) Authority.--A State may enact a law or laws imposing limitations (including a prohibition) on the receipt and disposal of foreign municipal solid waste. ``(b) Effect on Interstate and Foreign Commerce.--No State action taken as authorized by this section shall be considered to impose an undue burden on interstate and foreign commerce or to otherwise impair, restrain, or discriminate against interstate and foreign commerce. ``(c) Definitions.--For purposes of this section: ``(1) Foreign municipal solid waste.--The term `foreign municipal solid waste' means municipal solid waste generated outside of the United States. ``(2) Municipal solid waste.-- ``(A) Waste included.--Except as provided in subparagraph (B), the term `municipal solid waste' means-- ``(i) all waste materials discarded for disposal by households, including single and multifamily residences, and hotels and motels; and ``(ii) all waste materials discarded for disposal that were generated by commercial, institutional, municipal, and industrial sources, to the extent such materials-- ``(I) are essentially the same as materials described in clause (i); and ``(II) were collected and disposed of with other municipal solid waste described in clause (i) or subclause (I) of this clause as part of normal municipal solid waste collection services, except that this subclause does not apply to hazardous materials other than hazardous materials that, pursuant to regulations issued under section 3001(d), are not subject to regulation under subtitle C. Examples of municipal solid waste include food and yard waste, paper, clothing, appliances, consumer product packaging, disposable diapers, office supplies, cosmetics, glass and metal food containers, and household hazardous waste. Such term shall include debris resulting from construction, remodeling, repair, or demolition of structures. ``(B) Waste not included.--The term `municipal solid waste' does not include any of the following: ``(i) Any solid waste identified or listed as a hazardous waste under section 3001, except for household hazardous waste. ``(ii) Any solid waste, including contaminated soil and debris, resulting from-- ``(I) a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604 or 9606); ``(II) a response action taken under a State law with authorities comparable to the authorities of such section 104 or 106; or ``(III) a corrective action taken under this Act. ``(iii) Recyclable materials that have been separated, at the source of the waste, from waste otherwise destined for disposal or that have been managed separately from waste destined for disposal. ``(iv) Scrap rubber to be used as a fuel source. ``(v) Materials and products returned from a dispenser or distributor to the manufacturer or an agent of the manufacturer for credit, evaluation, and possible reuse. ``(vi) Any solid waste that is-- ``(I) generated by an industrial facility; and ``(II) transported for the purpose of treatment, storage, or disposal to a facility or unit thereof that is owned or operated by the generator of the waste, located on property owned by the generator or a company with which the generator is affiliated, or the capacity of which is contractually dedicated exclusively to a specific generator, so long as the disposal area complies with local and State land use and zoning regulations applicable to the disposal site. ``(vii) Any medical waste that is segregated from or not mixed with solid waste. ``(viii) Sewage sludge and residuals from any sewage treatment plant. ``(ix) Combustion ash generated by resource recovery facilities or municipal incinerators, or waste from manufacturing or processing (including pollution control) operations not essentially the same as waste normally generated by households.''. (b) Table of Contents Amendment.--The table of contents of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding after the item relating to section 4010 the following new item: ``Sec. 4011. International transportation and disposal of municipal solid waste.''.

Amends the Solid Waste Disposal Act to authorize States to enact laws imposing limitations on the receipt and disposal of foreign municipal solid waste. Declares that no State action taken pursuant to such authorization shall be considered to impose an undue burden on, or to otherwise impair, restrain, or discriminate against, interstate and foreign commerce. Lists those materials included and excluded from the definition of municipal solid waste.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restore Open Government Act of 2004''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of Contents. TITLE I--FREEDOM OF INFORMATION Sec. 101. Revocation of the Ashcroft Memo and the Card Memo. Sec. 102. Findings and policy relating to disclosure of information under the Freedom of Information Act. Sec. 103. Protection of voluntarily furnished confidential information. TITLE II--PRESIDENTIAL RECORDS Sec. 201. Revocation of Executive Order of November 1, 2001. TITLE III--ADVISORY COMMITTEES Sec. 301. Presidential inter-agency advisory committees. TITLE IV--CLASSIFICATION OF INFORMATION Sec. 401. Reducing excessive classification of information. TITLE V--OTHER PROVISIONS Sec. 501. Citizen actions. TITLE I--FREEDOM OF INFORMATION SEC. 101. REVOCATION OF THE ASHCROFT MEMO AND THE CARD MEMO. The ``Memorandum for Heads of all Federal Departments and Agencies'' on ``The Freedom of Information Act'' issued by Attorney General John Ashcroft on October 12, 2001, and the ``Memorandum for the Heads of Executive Department and Agencies'' on ``Action to Safeguard Information Regarding Weapons of Mass Destruction and Other Sensitive Documents Related to Homeland Security'' issued by Andrew H. Card, Jr., Assistant to the President and Chief of Staff on March 19, 2002, shall have no force or effect. SEC. 102. FINDINGS AND POLICY RELATING TO DISCLOSURE OF INFORMATION UNDER THE FREEDOM OF INFORMATION ACT. (a) Findings.--Congress finds the following: (1) Public access to information held by the Federal Government is vitally important to the functioning of a democratic society. (2) The Freedom of Information Act was enacted to ensure such public access to information. (3) The Freedom of Information Act specifies limited exemptions to the general requirement for disclosure, where disclosure could potentially threaten other important public policy goals. (4) In establishing the categories of exempt information under the Freedom of Information Act, Congress allowed agencies to withhold information in those categories, but did not in any way mandate or encourage such withholding. (b) Policy.--The policy of the Federal Government is to release information to the public in response to a request under the Freedom of Information Act-- (1) if such release is required by law; or (2) if such release is allowed by law and the agency concerned does not reasonably foresee that disclosure would be harmful to an interest protected by an applicable exemption. (c) Guidance.--All guidance provided to Federal Government employees responsible for carrying out the Freedom of Information Act shall be consistent with the policy set forth in subsection (b). SEC. 103. PROTECTION OF VOLUNTARILY FURNISHED CONFIDENTIAL INFORMATION. (a) In General.--Title II of the Homeland Security Act of 2002 (Public Law 107-296) is amended by striking subtitle B and inserting the following: ``Subtitle B--Protection of Voluntarily Furnished Confidential Information ``SEC. 211. PROTECTION OF VOLUNTARILY FURNISHED CONFIDENTIAL INFORMATION. ``(a) Definitions.--In this section: ``(1) Critical infrastructure.--The term `critical infrastructure' has the meaning given that term in section 1016(e) of the USA PATRIOT ACT of 2001 (42 U.S.C. 5195c(e)). ``(2) Furnished voluntarily.-- ``(A) Definition.--The term `furnished voluntarily' means a submission of a record that-- ``(i) is made to the Department in the absence of authority of the Department requiring that record to be submitted; and ``(ii) is not submitted or used to satisfy any legal requirement or obligation or to obtain any grant, permit, benefit (such as agency forbearance, loans, or reduction or modifications of agency penalties or rulings), or other approval from the Government. ``(B) Benefit.--In this paragraph, the term `benefit' does not include any warning, alert, or other risk analysis by the Department. ``(b) In General.--Notwithstanding any other provision of law, a record pertaining to the vulnerability of and threats to critical infrastructure (such as attacks, response, and recovery efforts) that is furnished voluntarily to the Department shall not be made available under section 552 of title 5, United States Code, if-- ``(1) the provider would not customarily make the record available to the public; and ``(2) the record is designated and certified by the provider, in a manner specified by the Department, as confidential and not customarily made available to the public. ``(c) Records Shared With Other Agencies.-- ``(1) In general.-- ``(A) Response to request.--An agency in receipt of a record that was furnished voluntarily to the Department and subsequently shared with the agency shall, upon receipt of a request under section 552 of title 5, United States Code, for the record-- ``(i) not make the record available; and ``(ii) refer the request to the Department for processing and response in accordance with this section. ``(B) Segregable portion of record.--Any reasonably segregable portion of a record shall be provided to the person requesting the record after deletion of any portion which is exempt under this section. ``(2) Disclosure of independently furnished records.-- Notwithstanding paragraph (1), nothing in this section shall prohibit an agency from making available under section 552 of title 5, United States Code, any record that the agency receives independently of the Department, regardless of whether or not the Department has a similar or identical record. ``(d) Withdrawal of Confidential Designation.--The provider of a record that is furnished voluntarily to the Department under subsection (b) may at any time withdraw, in a manner specified by the Department, the confidential designation. ``(e) Procedures.--The Secretary shall prescribe procedures for-- ``(1) the acknowledgement of receipt of records furnished voluntarily; ``(2) the designation, certification, and marking of records furnished voluntarily as confidential and not customarily made available to the public; ``(3) the care and storage of records furnished voluntarily; ``(4) the protection and maintenance of the confidentiality of records furnished voluntarily; and ``(5) the withdrawal of the confidential designation of records under subsection (d). ``(f) Effect on State and Local Law.--Nothing in this section shall be construed as preempting or otherwise modifying State or local law concerning the disclosure of any information that a State or local government receives independently of the Department. ``(g) Report.-- ``(1) Requirement.--Not later than 18 months after the date of the enactment of the Restore Open Government Act of 2004, the Comptroller General of the United States shall submit to the committees of Congress specified in paragraph (2) a report on the implementation and use of this section, including-- ``(A) the number of persons in the private sector, and the number of State and local agencies, that furnished voluntarily records to the Department under this section; ``(B) the number of requests for access to records granted or denied under this section; and ``(C) such recommendations as the Comptroller General considers appropriate regarding improvements in the collection and analysis of sensitive information held by persons in the private sector, or by State and local agencies, relating to vulnerabilities of and threats to critical infrastructure, including the response to such vulnerabilities and threats. ``(2) Committees of congress.--The committees of Congress specified in this paragraph are-- ``(A) the Committees on the Judiciary and Governmental Affairs of the Senate; and ``(B) the Committees on the Judiciary and Government Reform and Oversight of the House of Representatives. ``(3) Form.--The report shall be submitted in unclassified form, but may include a classified annex.''. (b) Technical and Conforming Amendment.--The table of contents for the Homeland Security Act of 2002 (Public Law 107-296) is amended by striking the items relating to subtitle B of title II and sections 211 through 215 and inserting the following: ``Subtitle B--Protection of Voluntarily Furnished Confidential Information ``Sec. 211. Protection of voluntarily furnished confidential information.''. TITLE II--PRESIDENTIAL RECORDS SEC. 201. REVOCATION OF EXECUTIVE ORDER OF NOVEMBER 1, 2001. Executive Order number 13233, dated November 1, 2001 (66 Fed. Reg. 56025), shall have no force or effect, and Executive Order number 12667, dated January 18, 1989 (54 Fed. Reg. 3403), shall apply by its terms. TITLE III--ADVISORY COMMITTEES SEC. 301. PRESIDENTIAL INTER-AGENCY ADVISORY COMMITTEES. (a) Definition.--The term ``Presidential inter-agency advisory committee'' is any committee or task force that-- (1) is composed wholly of full-time, or permanent part- time, officers or employees of the Federal Government; (2) includes officers or employees of at least two separate Federal agencies; (3) is established or utilized to provide advice, ideas, or recommendations to the President or Vice President on a specified topic or topics; and (4) has at least one officer or employee assigned full-time as a staff member of the committee to support the functions of the committee. (b) Requirements.-- (1) The President shall ensure that the names of the members of the committee are published in the Federal Register. (2) The committee must make public each substantive contact between the advisory committee, or individual members of the advisory committee acting on the committee's behalf, and any person who is not a full-time or permanent part-time officer or employee of the Federal Government, including-- (A) the date of the contact; (B) the form of the contact (in person, by telephone, by e-mail, or in writing); (C) the names and affiliations of the parties involved; and (D) the substance of the communication and the communication itself, if in electronic or written form. (3) For purposes of this subsection, a contact shall be considered substantive if the information conveyed influenced or was reflected in any way in the committee's advice, recommendations, or report to the President or Vice President. TITLE IV--CLASSIFICATION OF INFORMATION SEC. 401. REDUCING EXCESSIVE CLASSIFICATION OF INFORMATION. As soon as possible, but in no event later than 180 days after the date of the enactment of this Act, the President shall require Federal departments and agencies to promote a culture of information sharing by reducing disincentives to information sharing, including overclassification of information and unnecessary requirements for originator approval. TITLE V--OTHER PROVISIONS SEC. 501. CITIZEN ACTIONS. Section 552(a)(4)(E) of title 5, United States Code, is amended-- (1) by inserting ``, or in any case seeking information from a Federal agency or official under any other Federal law,'' after ``case under this section''; and (2) by adding at the end the following: ``For purposes of this section, a complainant has `substantially prevailed' if the complainant has obtained some of its requested relief through a judicial or administrative order or an enforceable written agreement, or if the complainant's pursuit of a nonfrivolous claim or defense has been a catalyst for a voluntary or unilateral change in position by the opposing party that provides any significant part of the relief sought.''.

Restore Open Government Act of 2004 - Revokes: (1) the " Memorandum for Heads of all Federal Departments and Agencies" on "The Freedom of Information Act" issued by Attorney General John Ashcroft on October 12, 2001; and (2) the "Memorandum for the Heads of Executive Department and Agencies" on "Action to Safeguard Information Regarding Weapons of Mass Destruction and Other Sensitive Documents Related to Homeland Security" issued by Andrew H. Card, Jr., Assistant to the President and Chief of Staff on March 19, 2002. Declares that the policy of the Federal Government is to release information to the public in response to a request under the Freedom of Information Act (FOIA) if such release is: (1) required by law; or (2) allowed by law and the agency concerned does not reasonably foresee that disclosure would be harmful to an interest protected by an applicable exemption. Instructs that all guidance provided to Federal agencies shall be consistent with such policy. Prohibits a record pertaining to the vulnerability of and threats to critical infrastructure that is furnished voluntarily to the Department of Homeland Security (DHS) from being made available under the FOIA if: (1) the provider would not customarily make the record available to the public; and (2) the record is designated and certified by the provider as confidential and not customarily made available to the public. (Allows the provider of such a record at any time to to withdraw the confidential designation.) Requires a Federal agency in receipt of a record that was furnished voluntarily to DHS and subsequently shared with that agency, upon receipt of a FOIA request, to: (1) not make the record available; and (2) refer the request to DHS for processing and response in accordance with this Act. Revokes Executive Order 13233 (relating to further implementation of the Presidential Records Act), dated November 1, 2001 and makes effective Executive Order 12667 (relating to Presidential records), dated January 18, 1989. Directs the President to ensure that the names of Presidential interagency advisory committee members are published in the Federal Register. Mandates that such a committee must make public each substantive contact between the advisory committee, or individual committee members acting on the committee's behalf, and any person who is not a full-time or permanent part-time officer or employee of the Government. Directs the President to require Federal departments and agencies to promote a culture of information sharing by reducing disincentives to information sharing, including overclassification of information and unnecessary requirements for originator approval. Amends the FOIA to permit a U.S. district court to assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case seeking information from a Federal agency or official under any other Federal law in which the complainant has substantially prevailed.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Boating Act of 2008''. SEC. 2. DISCHARGES INCIDENTAL TO THE NORMAL OPERATION OF RECREATIONAL VESSELS. Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following: ``(r) Discharges Incidental to the Normal Operation of Recreational Vessels.--No permit shall be required under this Act by the Administrator (or a State, in the case of a permit program approved under subsection (b)) for the discharge of any graywater, bilge water, cooling water, weather deck runoff, oil water separator effluent, or effluent from properly functioning marine engines, or any other discharge that is incidental to the normal operation of a vessel, if the discharge is from a recreational vessel.''. SEC. 3. DEFINITION. Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following: ``(25) Recreational vessel.-- ``(A) In general.--The term `recreational vessel' means any vessel that is-- ``(i) manufactured or used primarily for pleasure; or ``(ii) leased, rented, or chartered to a person for the pleasure of that person. ``(B) Exclusion.--The term `recreational vessel' does not include a vessel that is subject to Coast Guard inspection and that-- ``(i) is engaged in commercial use; or ``(ii) carries paying passengers.''. SEC. 4. MANAGEMENT PRACTICES FOR RECREATIONAL VESSELS. Section 312 of the Federal Water Pollution Control Act (33 U.S.C. 1322) is amended by adding at the end the following: ``(o) Management Practices for Recreational Vessels.-- ``(1) Applicability.--This subsection applies to any discharge, other than a discharge of sewage, from a recreational vessel that is-- ``(A) incidental to the normal operation of the vessel; and ``(B) exempt from permitting requirements under section 402(r). ``(2) Determination of discharges subject to management practices.-- ``(A) Determination.-- ``(i) In general.--The Administrator, in consultation with the Secretary of the department in which the Coast Guard is operating, the Secretary of Commerce, and interested States, shall determine the discharges incidental to the normal operation of a recreational vessel for which it is reasonable and practicable to develop management practices to mitigate adverse impacts on the waters of the United States. ``(ii) Promulgation.--The Administrator shall promulgate the determinations under clause (i) in accordance with section 553 of title 5, United States Code. ``(iii) Management practices.--The Administrator shall develop management practices for recreational vessels in any case in which the Administrator determines that the use of those practices is reasonable and practicable. ``(B) Considerations.--In making a determination under subparagraph (A), the Administrator shall consider-- ``(i) the nature of the discharge; ``(ii) the environmental effects of the discharge; ``(iii) the practicability of using a management practice; ``(iv) the effect that the use of a management practice would have on the operation, operational capability, or safety of the vessel; ``(v) applicable Federal and State law; ``(vi) applicable international standards; and ``(vii) the economic costs of the use of the management practice. ``(C) Timing.--The Administrator shall-- ``(i) make the initial determinations under subparagraph (A) not later than 1 year after the date of enactment of this subsection; and ``(ii) every 5 years thereafter-- ``(I) review the determinations; and ``(II) if necessary, revise the determinations based on any new information available to the Administrator. ``(3) Performance standards for management practices.-- ``(A) In general.--For each discharge for which a management practice is developed under paragraph (2), the Administrator, in consultation with the Secretary of the department in which the Coast Guard is operating, the Secretary of Commerce, other interested Federal agencies, and interested States, shall promulgate, in accordance with section 553 of title 5, United States Code, Federal standards of performance for each management practice required with respect to the discharge. ``(B) Considerations.--In promulgating standards under this paragraph, the Administrator shall take into account the considerations described in paragraph (2)(B). ``(C) Classes, types, and sizes of vessels.--The standards promulgated under this paragraph may-- ``(i) distinguish among classes, types, and sizes of vessels; ``(ii) distinguish between new and existing vessels; and ``(iii) provide for a waiver of the applicability of the standards as necessary or appropriate to a particular class, type, age, or size of vessel. ``(D) Timing.--The Administrator shall-- ``(i) promulgate standards of performance for a management practice under subparagraph (A) not later than 1 year after the date of a determination under paragraph (2) that the management practice is reasonable and practicable; and ``(ii) every 5 years thereafter-- ``(I) review the standards; and ``(II) if necessary, revise the standards, in accordance with subparagraph (B) and based on any new information available to the Administrator. ``(4) Regulations for the use of management practices.-- ``(A) In general.--The Secretary of the department in which the Coast Guard is operating shall promulgate such regulations governing the design, construction, installation, and use of management practices for recreational vessels as are necessary to meet the standards of performance promulgated under paragraph (3). ``(B) Regulations.-- ``(i) In general.--The Secretary shall promulgate the regulations under this paragraph as soon as practicable after the Administrator promulgates standards with respect to the practice under paragraph (3), but not later than 1 year after the date on which the Administrator promulgates the standards. ``(ii) Effective date.--The regulations promulgated by the Secretary under this paragraph shall be effective upon promulgation unless another effective date is specified in the regulations. ``(iii) Consideration of time.--In determining the effective date of a regulation promulgated under this paragraph, the Secretary shall consider the period of time necessary to communicate the existence of the regulation to persons affected by the regulation. ``(5) Effect of other laws.--This subsection shall not affect the application of section 311 to discharges incidental to the normal operation of a recreational vessel. ``(6) Prohibition relating to recreational vessels.--After the effective date of the regulations promulgated by the Secretary of the department in which the Coast Guard is operating under paragraph (4), the owner or operator of a recreational vessel shall neither operate in nor discharge any discharge incidental to the normal operation of the vessel into, the waters of the United States or the waters of the contiguous zone, if the owner or operator of the vessel is not using any applicable management practice meeting standards established under this subsection.''.

Clean Boating Act of 2008 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to provide that no permit shall be required by the Administrator of the Environmental Protection Agency (EPA) under the national pollutant discharge elimination system for the discharge from a recreational vessel of graywater, bilge water, cooling water, weather deck runoff, oil water separator effluent, or effluent from properly functioning marine engines or for any other discharge that is incidental to the normal operation of such vessel. Defines a "recreational vessel" as any vessel that is leased, rented, or chartered to a person for that person's pleasure or that is manufactured or used primarily for pleasure, excluding vessels that are subject to Coast Guard inspection and that are engaged in commercial use or that carry paying passengers. Requires the Administrator to: (1) determine the discharges that are incidental to the normal operation (excluding sewage) of a recreational vessel for which it is reasonable and practicable to develop management practices to mitigate adverse impacts on U.S. waters within a year of this Act's enactment and to review such determinations every five years; and (2) develop management practices for recreational vessels to mitigate the adverse impacts of such discharges on U.S. waters. Directs the Administrator, in determining what discharges are incidental to normal operations, to consider: (1) the nature of the discharge; (2) its environmental effects; (3) the practicability of using a management practice; (4) the effect that such practice would have on the operation, operational capability, or safety of the vessel; (5) applicable federal and state law and international standards; and (6) the economic costs of the use of the management practice. Requires the Administrator to: (1) promulgate federal standards of performance (which may distinguish among vessel types) for each discharge for which such a management practice is developed; and (2) review them every five years. Requires the Secretary of the department in which the Coast Guard is operating to promulgate regulations governing the design, construction, installation, and use of management practices for recreational vessels as necessary to meet such standards. Prohibits a recreational vessel from operating in or discharging in U.S. waters if such owner or operator is not using applicable management practices in compliance with such regulations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Fuels for Energy Security Act of 2001''. SEC. 2. RENEWABLE CONTENT OF MOTOR VEHICLE FUEL. (a) Definitions.--In this section: (1) Biodiesel.--The term ``biodiesel'' means mono alkyl esters of long chain fatty acids derived from renewable liquid sources such as vegetable oils or animal fats, for use in compression-ignition (diesel) engines. (2) Biogas.--The term ``biogas'' means gas produced from a biogas source. (3) Biogas source.--The term ``biogas source'' means-- (A) a landfill; (B) a sewage waste treatment plant; (C) a feedlot; and (D) any other accumulation of decaying organic material. (4) Biomass.-- (A) In general.--The term ``biomass'' means lignocellulosic or hemicellulosic matter that is available on a renewable basis. (B) Inclusions.--The term ``biomass'' includes-- (i) dedicated energy crops and trees; (ii) wood and wood residues; (iii) plants; (iv) grasses; (v) agricultural commodities and residues; (vi) fibers; and (vii) animal waste, municipal solid waste, and other waste. (5) Biomass ethanol.--The term ``biomass ethanol'' means ethanol derived from biomass. (6) Renewable fuel.--The term ``renewable fuel'' means fuel that-- (A) is-- (i) biodiesel; (ii) ethanol or any other liquid fuel produced from biomass; or (iii) biogas; and (B) is used to reduce the quantity of fossil fuel present in a fuel mixture used to operate a motor vehicle. (7) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Renewable Fuel Program.-- (1) Program requirements.--The motor vehicle fuel sold or introduced into commerce in the United States in calendar year 2002 or any calendar year thereafter by a refiner, blender, or importer shall, on a 6-month average basis, be comprised of a quantity of renewable fuel, measured in gasoline-equivalent gallons (as determined by the Secretary), that is not less than the applicable percentage by volume for the 6-month period. (2) Applicable percentage.-- (A) In general.--For the purposes of paragraph (1), the applicable percentage for a 6-month period of a calendar year shall be determined in accordance with the following table, unless modified under subparagraph (B): Calendar year: Applicable percentage of renewable fuel: 2002.......................................... .8 2003.......................................... .9 2004.......................................... 1.1 2005.......................................... 1.3 2006.......................................... 1.5 2007.......................................... 1.7 2008.......................................... 2.0 2009.......................................... 2.3 2010.......................................... 2.6 2011.......................................... 3.0 2012.......................................... 3.42 2013.......................................... 3.84 2014.......................................... 4.24 2015.......................................... 4.63 2016 and thereafter........................... 5.00. (B) Adjustments to applicable percentage.--On petition by a State, the Secretary, in consultation with the Secretary of Agriculture, may lower the applicable percentage specified in subparagraph (A) for a period of 1 calendar year with respect to motor vehicle fuel sold or introduced into commerce in the State, based on a determination by the Secretary, after public notice and opportunity for comment, that during the calendar year there is likely to be an inadequate domestic supply or distribution capacity in the State to meet the applicable percentage specified in subparagraph (A) for the calendar year. (C) Petitions for adjustment.-- (i) Submission.--A State shall submit a petition under subparagraph (B) not later than September 1 of the year preceding the calendar year for which the adjustment is sought. (ii) Action on petitions.--The Secretary, in consultation with the Secretary of Agriculture, shall approve or deny a State petition before the beginning of the calendar year. (c) Credit Program.-- (1) In general.--Not later than 270 days after the date of enactment of this Act, the Secretary shall promulgate regulations providing for the generation of an appropriate amount of credits by a person that refines, blends, or imports motor vehicle fuel that contains, on a 6-month average basis, a quantity of renewable fuel that is greater than the quantity required for that 6-month period under subsection (b). (2) Use of credits.--A person that generates credits under paragraph (1) may use the credits, hold the credits for later use, or transfer all or a portion of the credits to another person, for the purpose of complying with subsection (b). (3) Expiration of credits.--A credit generated under this subsection shall expire 2 years after the date on which the credit was generated. (4) Inability to purchase sufficient credits.--The regulations under paragraph (1) shall include provisions allowing a refiner, blender, or importer that is unable to purchase sufficient credits to meet the requirements of subsection (b) to enter into an enforceable agreement to generate or purchase sufficient credits to make up for any deficiency within a period of time specified in the agreement. (5) Testing; reports.--The regulations under paragraph (1) may include provisions requiring a refiner, blender, or importer-- (A) to conduct tests to ascertain the composition of fuels for the purpose of compliance with subsection (b); and (B) to submit to the Secretary periodic reports on the composition of the fuels refined, blended, or imported. (d) Civil Penalties and Enforcement.-- (1) Civil penalties.-- (A) In general.--The Secretary may impose against a person that fails to comply with subsection (b) or with a regulation under subsection (c) a civil penalty in the amount of-- (i) not more than $25,000 for each day of the failure to comply; plus (ii) the amount of economic benefit realized by the person as a result of the failure to comply. (B) Averaging period.--Any failure to comply with respect to a regulation under subsection (c) that establishes a regulatory requirement based on an averaging period shall constitute a separate day of failure of compliance for each day of the averaging period. (2) Enforcement.--The Secretary may bring a civil action in United States district court for-- (A) an order enjoining a failure to comply with subsection (b) or with a regulation under subsection (c); and (B) other appropriate relief.

Renewable Fuels for Energy Security Act of 2001 - Mandates that motor vehicle fuel introduced into commerce in calendar year 2002 and beyond be composed of specified percentages of renewable fuel.Prescribes procedural guidelines for: (1) adjustments to such percentages if the Secretary of Energy determines that an inadequate domestic supply or distribution capacity exists; and (2) a renewable fuel credit program.Empowers the Secretary to impose civil penalties and bring a civil action in Federal district court for non-compliance with this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping Public Lands Open Act''. SEC. 2. FINDINGS. Congress finds that-- (1) units of the National Park System, units of the National Forest System, units of the National Wildlife Refuge System, and other public land-- (A) are an integral part of the conservation heritage of the United States; (B) provide many recreational opportunities; and (C) support jobs and economic activity in communities across the United States, including in many rural areas; and (2) it is critical that the public have uninterrupted access to the national treasures referred to in paragraph (1). SEC. 3. AUTOMATIC CONTINUING APPROPRIATIONS FOR CERTAIN COVERED ACCOUNTS. (a) Definition of Covered Account.--In this section, the term ``covered account'' means each of the following appropriation accounts: (1) Within the Department of the Interior for the Fish and Wildlife Service, within the resource management appropriation, amounts made available for-- (A) the activities of the National Wildlife Refuge System; and (B) habitat conservation. (2) Within the Department of the Interior for the Fish and Wildlife Service, the appropriation for the Migratory Bird Conservation Account. (3) Within the Department of Agriculture for the Forest Service, within the National Forest System appropriation, amounts made available for-- (A) the activities of recreation, heritage, and wilderness; and (B) law enforcement operations. (4) Within the Department of the Interior for the Bureau of Land Management, within the management of land and resources appropriation, amounts made available for-- (A) the activities of recreation management, resource protection, and maintenance; and (B) the National Landscape Conservation System. (5) Within the Department of the Interior for the National Park Service, the appropriation for the operation of the National Park System. (6) Within the Department of the Interior for the Fish and Wildlife Service, the appropriation for the North American Wetlands Conservation Fund. (7) Within the Department of the Interior for the United States Fish and Wildlife Service, within the resource management appropriation, under the activity of general operations, the amounts made available for the National Fish and Wildlife Foundation. (8) Within the Department of the Interior for the United States Fish and Wildlife Service, the appropriation for land acquisition. (9) Within the Department of Agriculture for the Forest Service, the appropriation for land acquisition. (10) Within the Department of the Interior for the Bureau of Land Management, the appropriation for land acquisition. (11) Within the Department of the Interior for the National Park Service, the appropriation for land acquisition and State assistance. (b) Authorization for Continuing Appropriations.--If an appropriations measure for a covered account for a fiscal year is not enacted before the beginning of the applicable fiscal year and a joint resolution making continuing appropriations for the covered account is not in effect, such sums as may be necessary shall be made available without further appropriation to continue any program, project, or activity for which funds were provided from the covered account in the preceding fiscal year. (c) Amount of Appropriations and Funds.--Appropriations and funds made available under this section for a program, project, or activity funded by a covered account shall be in an amount equal to a pro rata amount of the annual funding provided for the program, project, or activity in the preceding appropriations Act or, in the absence of a regular appropriations Act, a joint resolution making continuing appropriations for the preceding fiscal year. (d) Availability of Amounts.--Appropriations and funds made available, and authority granted, under this section for a program, project, or activity funded by a covered account shall be available for the period beginning with the first day of a lapse in appropriations and ending on the date of enactment of the applicable appropriations Act or a joint resolution making continuing appropriations until the end of the fiscal year, whether or not the Act or resolution provides for the program, project, or activity. (e) Requirements.--Amounts made available, or authority granted, for a program, project, or activity funded by a covered account for any fiscal year under this Act shall be subject to-- (1) the terms and conditions imposed with respect to the program, project, or activity for the preceding fiscal year; and (2) the authority granted for the program, project, or activity funded by the covered account under applicable law. (f) Applicable Accounts.--Expenditures made for a program, project, or activity funded by a covered account for any fiscal year under this Act shall be charged to the applicable covered account on the date of enactment of an appropriations Act or a joint resolution making continuing appropriations until the end of a fiscal year that provides funds for the program, project, or activity for the applicable period. (g) Exclusions.--This section shall not apply to a program, project, or activity funded by a covered account during a fiscal year if any other provision of law (other than a change in authorization of appropriations)-- (1) makes an appropriation, makes funds available, or grants authority for the program, project, or activity to continue for the applicable period; or (2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for the program, project, or activity to continue for the applicable period.

Keeping Public Lands Open Act - Provides that if an appropriations measure for a covered account for a fiscal year is not enacted before the beginning of that fiscal year and a joint resolution making continuing appropriations for such account is not in effect, such sums as necessary shall be made available without further appropriation to continue any activity for which funds were provided from such account in the preceding fiscal year. Defines "covered account" to mean specified appropriation accounts of: (1) the Department of the Interior for the U.S. Fish and Wildlife Service, including amounts for activities of the National Wildlife Refuge System, habitat conservation, the Migratory Bird Conservation Account, the North American Wetlands Conservation Fund, the National Fish and Wildlife Foundation, and land acquisition; (2) the Department of the Interior for the Bureau of Land Management (BLM), including amounts for the National Landscape Conservation System, land acquisition, and the activities of recreation management, resource protection, and maintenance; (3) the Department of the Interior for the National Park Service, including amounts for land acquisition and state assistance; and (3) the Department of Agriculture (USDA) for the Forest Service, including amounts for land acquisition, law enforcement operations, and the activities of recreation, heritage, and wilderness.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unsolved Civil Rights Crime Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that all authorities with jurisdiction, including the Federal Bureau of Investigation and other entities within the Department of Justice, should-- (1) expeditiously investigate unsolved civil rights murders, due to the amount of time that has passed since the murders and the age of potential witnesses; and (2) provide all the resources necessary to ensure timely and thorough investigations in the cases involved. SEC. 3. DEFINITIONS. In this Act: (1) Chief.--The term ``Chief'' means the Chief of the Section. (2) Chief investigator.--The term ``Chief Investigator'' means the Chief Investigator of the Office. (3) Criminal civil rights statutes.--The term ``criminal civil rights statutes'' means-- (A) section 241 of title 18, United States Code (relating to conspiracy against rights); (B) section 242 of title 18, United States Code (relating to deprivation of rights under color of law); (C) section 245 of title 18, United States Code (relating to federally protected activities); (D) sections 1581 and 1584 of title 18, United States Code (relating to involuntary servitude and peonage); (E) section 901 of the Fair Housing Act (42 U.S.C. 3631); and (F) any other Federal law that-- (i) was in effect on or before December 31, 1969; and (ii) the Criminal Section of the Civil Rights Division of the Department of Justice enforced, prior to the date of enactment of this Act. (4) Office.--The term ``Office'' means the Unsolved Civil Rights Crime Investigative Office established under section 5. (5) Section.--The term ``Section'' (except when used as part of the term ``Criminal Section'') means the Unsolved Crimes Section established under section 4. SEC. 4. ESTABLISHMENT OF SECTION IN CIVIL RIGHTS DIVISION. (a) In General.--There is established in the Civil Rights Division of the Department of Justice an Unsolved Crimes Section. The Section shall be headed by a Chief of the Section. (b) Responsibility.-- (1) In general.--Notwithstanding any other provision of Federal law, and except as provided in section 5, the Chief shall be responsible for investigating and prosecuting violations of criminal civil rights statutes, in cases in which a complaint alleges that such a violation-- (A) occurred not later than December 31, 1969; and (B) resulted in a death. (2) Coordination.-- (A) Investigative activities.--In investigating a complaint under paragraph (1), the Chief shall coordinate investigative activities with State and local law enforcement officials. (B) Venue.--After investigating a complaint under paragraph (1), or receiving a report of an investigation conducted under section 5, if the Chief determines that an alleged practice that is a violation of a criminal civil rights statute occurred in a State, or political subdivision of a State, that has a State or local law prohibiting the practice alleged and establishing or authorizing a State or local law enforcement official to grant or seek relief from such practice or to institute criminal proceedings with respect to the practice on receiving notice of the practice, the Chief shall consult with the official regarding the appropriate venue for the case involved. (3) Referral.--After investigating a complaint under paragraph (1), or receiving a report of an investigation conducted under section 5, the Chief shall refer the complaint to the Criminal Section of the Civil Rights Division, if the Chief determines that the subject of the complaint has violated a criminal civil rights statute in the case involved but the violation does not meet the requirements of subparagraph (A) or (B) of paragraph (1). (c) Study and Report.-- (1) Study.--The Chief shall annually conduct a study of the cases under the jurisdiction of the Chief or under the jurisdiction of the Chief Investigator and, in conducting the study, shall determine the cases-- (A) for which the Chief has sufficient evidence to prosecute violations of criminal civil rights statutes; and (B) for which the Chief has insufficient evidence to prosecute those violations. (2) Report.--Not later than September 30 of 2006 and of each subsequent year, the Chief shall prepare and submit to Congress a report containing the results of the study conducted under paragraph (1), including a description of the cases described in paragraph (1)(B). (d) Authorization of Appropriations.-- (1) Authorization.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2007 and each subsequent fiscal year. (2) Additional appropriations.--Any funds appropriated under this subsection shall consist of additional appropriations for the activities described in this section, rather than funds made available through reductions in the appropriations authorized for other enforcement activities of the Department of Justice. SEC. 5. ESTABLISHMENT OF OFFICE IN FEDERAL BUREAU OF INVESTIGATION. (a) In General.--There is established in the Civil Rights Unit of the Federal Bureau of Investigation of the Department of Justice an Unsolved Civil Rights Crime Investigative Office. The Office shall be headed by a Chief Investigator. (b) Responsibility.-- (1) In general.--In accordance with an agreement established between the Chief Investigator and the Chief, the Chief Investigator shall be responsible for investigating violations of criminal civil rights statutes, in cases described in section 4(b). (2) Coordination.-- (A) Investigative activities.--In investigating a complaint under paragraph (1), the Chief Investigator shall coordinate the investigative activities with State and local law enforcement officials. (B) Referral.--After investigating a complaint under paragraph (1), the Chief Investigator shall-- (i) determine whether the subject of the complaint has violated a criminal rights statute in the case involved; and (ii) refer the complaint to the Chief, together with a report containing the determination and the results of the investigation. (c) Authorization of Appropriations.-- (1) Authorization.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2007 and each subsequent fiscal year. (2) Additional appropriations.--Any funds appropriated under this subsection shall consist of additional appropriations for the activities described in this section, rather than funds made available through reductions in the appropriations authorized for other enforcement activities of the Department of Justice. SEC. 6. COMMUNITY RELATIONS SERVICE OF THE DEPARTMENT OF JUSTICE. In addition to any amounts authorized to be appropriated under title XI of the Civil Rights Act of 1964 (42 U.S.C. 2000h et seq.), there are authorized to be appropriated to the Community Relations Service of the Department of Justice $1,500,000 for fiscal year 2007 and each subsequent fiscal year, to enable the Service (in carrying out the functions described in title X of such Act (42 U.S.C. 2000g et seq.)) to provide technical assistance by bringing together law enforcement agencies and communities in the investigation of violations of criminal civil rights statutes, in cases described in section 4(b).

Unsolved Civil Rights Crime Act - Establishes an Unsolved Crimes Section in the Civil Rights Division of the Department of Justice (DOJ) and an Unsolved Civil Rights Crime Investigative Office in the Civil Rights Unit of the Federal Bureau of Investigation (FBI). Requires the Chief of the Section (Chief) and the Chief Investigator of the Office to be responsible for investigating violations of criminal civil rights statutes in which the complaint alleges that such a violation occurred not later than December 31, 1969, and resulted in a death. Requires the Chief Investigator to refer complaints determined to have violated a criminal rights statute to the Chief, who shall be responsible for prosecuting such violations. Requires the Chief to: (1) consult with state or local officials regarding the appropriate venue for a case where there has been a violation of a criminal civil rights statute that is also a violation of a state or local law; and (2) refer cases to the Criminal Section of the Civil Rights Division if the Chief determines that the subject of the complaint has violated a criminal civil rights statute but the violation does not meet the requirements for the Unsolved Crimes Section. Requires the Chief, annually, to determine and report on the cases under his or her jurisdiction for which there is sufficient evidence to prosecute violations of criminal civil rights statutes. Authorizes additional appropriations to the Community Relations Service of DOJ to provide technical assistance by bringing together law enforcement agencies and communities in the investigation of criminal civil rights statutes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Benjamin Franklin Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Benjamin Franklin made historic contributions to the development of our Nation in a number of fields: government, business, science, communications, and the arts. (2) Benjamin Franklin was the only Founding Father to sign all of our Nation's organizational documents. (3) Benjamin Franklin spent his career as a successful printer, which included printing the official currency for the colonies of Pennsylvania, Delaware, New Jersey and Maryland. (4) Franklin's ``Essay on Paper Currency'' of 1741 proposed methods to fix the rate of exchange between the colonies and Great Britain. (5) Benjamin Franklin, during the American Revolution, designed the first American coin, the ``Continental'' penny. (6) Franklin made ``A Penny Saved is A Penny Earned'' a household phrase to describe the American virtues of hard work and economical living. (7) Franklin played a major role in the design of the Great Seal of the United States, which appears on the One Dollar Bill and other major American symbols. (8) Before 1979, Benjamin Franklin was the only non-president of the United States whose image graced circulating coin and paper currency. (9) The official United States half dollar from 1948-1963 showed Franklin's portrait, as designed by John Sinnock. (10) Franklin's ``Way to Wealth'' has come to symbolize America's commitment to free enterprise. (11) The Franklin Institute Science Museum in Philadelphia houses the first steam printing machine for coinage, used by the United States Mint, which was placed in service in 1836, the 130th anniversary year of Franklin's birth. (12) In 1976, Franklin Hall in The Franklin Institute Science Museum in Philadelphia was named the Official National Monument to the great patriot, scientist and inventor. (13) The Franklin Institute and four other major Franklin- related Philadelphia cultural institutions joined hands in 2000 to organize international programs to commemorate the forthcoming 300th anniversary of Franklin's birth in 2006. (14) The Congress passed the Benjamin Franklin Tercentenary Act in 2002, creating a panel of distinguished Americans, with its Secretariat in Philadelphia, to work with the private sector in recommending appropriate Tercentenary programs. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereinafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $1 silver coins with younger franklin image on obverse.-- Not more than 250,000 $1 coins bearing the designs specified in section 4(a)(2), each of which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (2) $1 silver coins with older franklin image on obverse.--Not more than 250,000 $1 coins bearing the designs specified in section 4(a)(3), each of which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Use of the United States Mint at Philadelphia, Pennsylvania.-- It is the sense of the Congress that the coins minted under this Act should be struck at the United States Mint at Philadelphia, Pennsylvania, to the greatest extent possible. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the life and legacy of Benjamin Franklin. (2) $1 coins with younger franklin image.-- (A) Obverse.--The obverse of the coins minted under section 3(a)(1) shall bear the image of Benjamin Franklin as a young man. (B) Reverse.--The reverse of the coins minted under section 3(a)(1) shall bear an image related to Benjamin Franklin's role as a patriot and a statesman. (3) $1 coins with older franklin image.-- (A) Obverse.--The obverse of the coins minted under section 3(a)(2) shall bear the image of Benjamin Franklin as an older man. (B) Reverse.--The reverse of the coins minted under section 3(a)(2) shall bear an image related to Benjamin Franklin's role in developing the early coins and currency of the new country. (4) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2006''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee established under section 5135 of title 31, United States Code. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2006, except that the Secretary may initiate sales of such coins, without issuance, before such date. (c) Termination of Minting Authority.--No coins shall be minted under this Act after December 31, 2006. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the face value, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders at a Discount.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Sales of Single Coins and Sets of Coins.--Coins of each design specified under section 4 may be sold separately or as a set containing a coin of each such design. SEC. 7. SURCHARGES. (a) Surcharge Required.--All sales shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Franklin Institute for purposes of the Benjamin Franklin Tercentenary Commission. (c) Audits.--The Franklin Institute shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Institute pursuant to subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Benjamin Franklin Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one dollar coins emblematic of the life and legacy of Benjamin Franklin.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Expansion Incentive Act of 2017''. SEC. 2. REDISTRIBUTION OF FEDERAL MEDICAID FUNDS TO STATES ELECTING TO MEET ACA MEDICAID EXPANSION REQUIREMENTS FROM STATES NOT SO ELECTING. (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by adding at the end the following new subsection: ``(aa) Bonus for States Electing To Meet ACA Medicaid Expansion Requirements From Funds Made Available by Other States Not Electing To Meet Those Requirements.-- ``(1) In general.--In the case of a participating State for a fiscal year as determined under paragraph (2), in accordance with regulations of the Secretary, the State shall be entitled to an increase in payments under its State plan under this title in an amount determined under paragraph (3) of the Secretary's estimate of the net reduction in Federal expenditures for nonparticipating States (including the amount of the additional Federal financial participation under this title that otherwise would have been paid to such States if they were participating States) during the fiscal year as a result of such States not applying the ACA Medicaid expansion requirements. ``(2) Notice regarding participation.-- ``(A) In general.--Before the beginning of each fiscal year (beginning with fiscal year 2018) each of the 50 States and the District of Columbia is requested to inform the Secretary, in a form and manner specified by the Secretary and accompanied by such assurances regarding State plan amendments as the Secretary may specify, if the State will be applying its State plan under this title for such fiscal year in accordance with the requirements specified in the amendments made by paragraphs (1) and (2) of section 2001(a) of the Patient Protection and Affordable Care Act (in this subsection referred to as the `ACA Medicaid expansion requirements'), which include requirements described in-- ``(i) section 1902(a)(10)(A)(I)(VIII); and ``(ii) section 1902(k). The Secretary shall not accept information submitted under this subparagraph for a fiscal year after the beginning of the fiscal year involved. ``(B) Determination of participating and nonparticipating states.--Taking into account the information submitted under subparagraph (A) for a fiscal year, the Secretary shall determine for the fiscal year which of the 50 States and the District of Columbia will be applying the ACA Medicaid expansion requirements for the fiscal year and which will not. For purposes of this subsection-- ``(i) each State or District determined to be applying such requirements for a fiscal year is referred to as a `participating State' for such fiscal year; and ``(ii) each State or District determined not to be applying such requirements for a fiscal year is referred to as a `nonparticipating State' for such fiscal year. ``(3) Amount of increase.--The Secretary shall compute the increase in payments under this subsection for a participating State for a fiscal year, to the extent of available funds, in accordance with a formula specified by the Secretary. Within the amount of available funds, such formula may take into account elements such as-- ``(A) increasing to 100 percent the FMAP for newly eligible mandatory individuals; ``(B) increasing the matching percentage for administrative costs attributable to application of ACA Medicaid expansion requirements; and ``(C) an increase in DSH allotments. ``(4) Publication of information on estimated impact of nonparticipation.--The Secretary shall publish for each nonparticipating State for each fiscal year-- ``(A) the amount of the additional Federal funds under this title for the fiscal year that the Secretary estimates the State has forgone as a result of its not being a participating State for such fiscal year; and ``(B) the number of additional beneficiaries that would have been covered under the State plan under this title in the fiscal year if the State had been a participating State for the fiscal year.''.

Medicaid Expansion Incentive Act of 2017 This bill amends title XIX (Medicaid) of the Social Security Act to provide additional federal Medicaid funding to states participating in Medicaid expansion under the Patient Protection and Affordable Care Act. The amount of additional funding shall be based upon the net reduction in federal funding for nonparticipating states. The Centers for Medicare & Medicaid Services must publish annually, with respect to each nonparticipating state: (1) the amount of federal funding forgone by the state as a result of its nonparticipation, and (2) the number of individuals who would have gained coverage had the state participated.

SECTION 1. SHORT TITLE. This Act may be cited as the ``North American-Made Energy Security Act''. SEC. 2. FINDINGS. Congress finds and declares the following: (1) The United States currently imports more than half of the oil it consumes, often from countries hostile to United States interests or with political and economic instability that compromises supply security. (2) While a significant portion of imports are derived from allies such as Canada and Mexico, the United States remains vulnerable to substantial supply disruptions created by geopolitical tumult in major producing nations. (3) Strong increases in oil consumption in the developing world outpace growth in conventional oil supplies, bringing tight market conditions and higher oil prices in periods of global economic expansion or when supplies are threatened. (4) The development and delivery of oil and gas from Canada to the United States is in the national interest of the United States in order to secure oil supplies to fill needs that are projected to otherwise be filled by increases in other foreign supplies, notably from the Middle East. (5) Continued development of North American energy resources, including Canadian oil, increases domestic refiners' access to stable and reliable sources of crude and improves certainty of fuel supply for the Department of Defense, the largest consumer of petroleum in the United States. (6) Canada and the United States have the world's largest two-way trading relationship. Therefore, for every United States dollar spent on products from Canada, including oil, 90 cents is returned to the United States economy. When the same metrics are applied to trading relationships with some other major sources of United States crude oil imports, returns are much lower. (7) The principal choice for Canadian oil exporters is between moving increasing crude oil volumes to the United States or Asia, led by China. Increased Canadian oil exports to China will result in increased United States crude oil imports from other foreign sources, especially the Middle East. (8) Increased Canadian crude oil imports into the United States correspondingly reduce the scale of ``wealth transfers'' to other more distant foreign sources resulting from the greater cost of importing crude oil from those sources. (9) Not only are United States companies major investors in Canadian oil sands, but many United States businesses throughout the country benefit from supplying goods and services required for ongoing Canadian oil sands operations and expansion. (10) There has been more than 2 years of consideration and a coordinated review by more than a dozen Federal agencies of the technical aspects and of the environmental, social, and economic impacts of the proposed pipeline project known as the Keystone XL from Hardisty, Alberta, to Steele City, Nebraska, and then on to the United States Gulf Coast through Cushing, Oklahoma. (11) Keystone XL represents a high capacity pipeline supply option that could meet early as well as long-term market demand for crude oil to United States refineries, and could also potentially bring over 100,000 barrels per day of United States Bakken crudes to market. (12) Completion of the Keystone XL pipeline would increase total Keystone pipeline capacity by 700,000 barrels per day to 1,290,000 barrels per day. (13) The Keystone XL pipeline would provide short-term and long-term employment opportunities and related labor income benefits, as well as government revenues associated with sales and payroll taxes. (14) The earliest possible construction of the Keystone XL pipeline will make the extensive proven and potential reserves of Canadian oil available for United States use and increase United States jobs and will therefore serve the national interest. (15) Analysis using the Environmental Protection Agency models shows that the Keystone XL pipeline will result in no significant change in total United States or global greenhouse gas emissions. (16) The Keystone XL pipeline would be state-of-the-art and have a degree of safety higher than any other typically constructed domestic oil pipeline system. (17) Because of the extensive governmental studies already made with respect to the Keystone XL project and the national interest in early delivery of Canadian oil to United States markets, a decision with respect to a Presidential Permit for the Keystone XL pipeline should be promptly issued without further administrative delay or impediment. SEC. 3. EXPEDITED APPROVAL PROCESS. (a) In General.--The President, acting through the Secretary of Energy, shall coordinate with each Federal agency responsible for coordinating or considering an aspect of the President's National Interest Determination and Presidential Permit decision regarding construction and operation of the Keystone XL pipeline, to ensure that all necessary actions with respect to such decision are taken on an expedited schedule. (b) Agency Cooperation With Secretary of Energy.--Each Federal agency described in subsection (a) shall comply with any deadline established by the Secretary of Energy pursuant to subsection (a). (c) Final Order.--Not later than 30 days after the issuance of the final environmental impact statement, the President shall issue a final order granting or denying the Presidential Permit for the Keystone XL pipeline, but in no event shall such decision be made later than November 1, 2011. (d) Environmental Review.--No action by the Secretary of Energy pursuant to this section shall affect any duty or responsibility to comply with any requirement to conduct environmental review. (e) Sense of Congress.--It is the sense of Congress that the United States must decrease its dependence on oil from countries which are hostile to the interests of the United States. Canada has long been a strong trading partner, and increased access to their energy resources will create jobs in the United States. Passed the House of Representatives July 26, 2011. Attest: KAREN L. HAAS, Clerk.

North American-Made Energy Security Act - Directs the President, acting through the Secretary of Energy (DOE), to coordinate with each federal agency responsible for coordinating or considering an aspect of the President's National Interest Determination and Presidential Permit decision regarding construction and operation of the Keystone XL pipeline (from Hardisty, Alberta, to Steele City, Nebraska, and then on to the U.S. Gulf Coast through Cushing, Oklahoma) to ensure that all necessary actions are taken on an expedited schedule. Requires each such agency to comply with any deadline the Secretary establishes. Directs the President, within 30 days after the final environmental impact statement, but not later than November 1, 2011, to issue a final order granting or denying the Presidential Permit for the Keystone XL pipeline. States that no action by the Secretary pursuant to this Act shall affect any duty or responsibility to comply with any requirement to conduct environmental review. Declares the sense of Congress that: (1) the United States must decrease its dependence on oil from countries hostile to its interests, and (2) increased access to Canadian energy resources will create jobs in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Security Information Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1)(A) Many information technology computer systems, software programs, and similar facilities are vulnerable to attacks or misuse through the Internet, public or private telecommunications systems, or similar means. (B) The problem described in subparagraph (A) and resulting failures could incapacitate systems that are essential to the functioning of markets, commerce, consumer products, utilities, government, and safety and defense systems, in the United States and throughout the world. (C) Protecting, reprogramming, or replacing affected systems before the problem incapacitates essential systems is a matter of national and global interest. (2) The prompt, candid, and thorough, but secure and protected, disclosure and exchange of information related to the cybersecurity of entities, systems, and infrastructure-- (A) would greatly enhance the ability of public and private entities to improve their own cyber security; and (B) is therefore a matter of national importance and a vital factor in minimizing any potential cyber security related disruption to the Nation's economic well-being and security. (3) Concern about the potential for legal liability associated with the disclosure and exchange of cyber security information could unnecessarily impede the secure disclosure and protected exchange of such information. (4) The capability to securely disclose and engage in the protected exchange of information relating to cyber security, solutions, test practices and test results, without undue concern about inappropriate disclosure of that information, is critical to the ability of public and private entities to address cyber security needs in a timely manner. (5) The national interest will be served by uniform legal standards in connection with the secure disclosure and protected exchange of cyber security information that will promote appropriate disclosures and exchanges of such information in a timely fashion. (6) The ``National Plan for Information Systems Protection, Version 1.0, An Invitation to a Dialogue'', released by the President on January 7, 2000, calls for the Government to assist in seeking changes to applicable laws on ``Freedom of Information, liability, and antitrust where appropriate'' in order to foster industry-wide centers for information sharing and analysis. (b) Purposes.--Based upon the powers contained in article I, section 8, clause 3 of the Constitution of the United States, the purposes of this Act are-- (1) to promote the secure disclosure and protected exchange of information related to cyber security; (2) to assist private industry and government in effectively and rapidly responding to cyber security problems; (3) to lessen burdens on interstate commerce by establishing certain uniform legal principles in connection with the secure disclosure and protected exchange of information related to cyber security; and (4) to protect the legitimate users of cyber networks and systems, and to protect the privacy and confidence of shared information. SEC. 3. DEFINITIONS. In this Act: (1) Antitrust laws.--The term ``antitrust laws''-- (A) has the meaning given to it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition; and (B) includes any State law similar to the laws referred to in subparagraph (A). (2) Critical infrastructure.--The term ``critical infrastructure'' means facilities or services so vital to the nation or its economy that their disruption, incapacity, or destruction would have a debilitating impact on the defense, security, long-term economic prosperity, or health or safety of the United States. (3) Cyber security.--The term ``cyber security'' means the vulnerability of any computing system, software program, or critical infrastructure to, or their ability to resist, intentional interference, compromise, or incapacitation through the misuse of, or by unauthorized means of, the Internet, public or private telecommunications systems, or other similar conduct that violates Federal, State, or international law, that harms interstate commerce of the United States, or that threatens public health or safety. (4) Cyber security internet website.--The term ``cyber security Internet website'' means an Internet website or other similar electronically accessible service, clearly designated on the website or service by the person or entity creating or controlling the content of the website or service as an area where cyber security statements are posted or otherwise made accessible to appropriate entities. (5) Cyber security statement.-- (A) In general.--The term ``cyber security statement'' means any communication or other conveyance of information by a party to another, in any form or medium including by means of a cyber security Internet website-- (i) concerning an assessment, projection, or estimate concerning the cyber security of that entity, its computer systems, its software programs, or similar facilities of its own; (ii) concerning plans, objectives, or timetables for implementing or verifying the cyber security thereof; (iii) concerning test plans, test dates, test results, or operational problems or solutions related to the cyber security thereof; or (iv) reviewing, commenting on, or otherwise directly or indirectly relating to the cyber security thereof. (B) Not included.--For the purposes of any action brought under the securities laws, as that term is defined in section 3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47)), the term ``cyber security statement'' does not include statements contained in any documents or materials filed with the Securities and Exchange Commission, or with Federal banking regulators, pursuant to section 12(i) of the Securities Exchange Act of 1934 (15 U.S.C. 781(i)), or disclosures or writing that when made accompanied the solicitation of an offer or sale of securities. SEC. 4. SPECIAL DATA GATHERING. (a) In General.--Any Federal entity, agency, or authority may expressly designate a request for the voluntary provision of information relating to cyber security, including cyber security statements, as a cyber security data gathering request made pursuant to this section. (b) Specifics.--A cyber security data gathering request made under this section-- (1) shall specify a Federal entity, agency, or authority, or, with its consent, another public or private entity, agency, or authority, to gather responses to the request; (2) shall be a request from a private entity, agency, or authority to a Federal entity, agency, or authority; or (3) shall be deemed to have been made and to have specified such a private entity, agency, or authority when the Federal entity, agency, or authority has voluntarily been given cyber security information gathered by that private entity, agency, or authority, including by means of a cyber security Internet website. (c) Protections.--Except with the express consent or permission of the provider of information described in paragraph (1), any cyber security statements or other such information provided by a party in response to a special cyber security data gathering request made under this section-- (1) shall be exempt from disclosure under section 552(a) of title 5, United States Code (commonly known as the ``Freedom of Information Act''), by all Federal entities, agencies, and authorities; (2) shall not be disclosed to or by any third party; and (3) may not be used by any Federal or State entity, agency, or authority or by any third party, directly or indirectly, in any civil action arising under any Federal or State law. (d) Exceptions.-- (1) Information obtained elsewhere.--Nothing in this section shall preclude a Federal entity, agency, or authority, or any third party, from separately obtaining the information submitted in response to a request under this section through the use of independent legal authorities, and using such separately obtained information in any action. (2) Public disclosure.--A restriction on use or disclosure of information under this section shall not apply to any information disclosed generally or broadly to the public with the express consent of the party. SEC. 5. ANTITRUST EXEMPTION. (a) Exemption.--Except as provided in subsection (b), the antitrust laws shall not apply to conduct engaged in, including making and implementing an agreement, solely for the purpose of and limited to-- (1) facilitating the correction or avoidance of a cyber security related problem; or (2) communicating or disclosing information to help correct or avoid the effects of a cyber security related problem. (b) Exception to Exemption.--Subsection (a) shall not apply with respect to conduct that involves or results in an agreement to boycott any person, to allocate a market, or to fix prices or output. SEC. 6. CYBER SECURITY WORKING GROUPS. (a) In General.-- (1) Working groups.--The President may establish and terminate working groups composed of Federal employees who will engage outside organizations in discussions to address cyber security, to share information related to cyber security, and otherwise to serve the purposes of this Act. (2) List of groups.--The President shall maintain and make available to the public a printed and electronic list of such working groups and a point of contact for each, together with an address, telephone number, and electronic mail address for such point of contact. (3) Balance.--The President shall seek to achieve a balance of participation and representation among the working groups. (4) Meetings.--Each meeting of a working group created under this section shall be announced in advance in accordance with procedures established by the President. (b) Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the working groups established under this section. (c) Private Right of Action.--This section creates no private right of action to sue for enforcement of any provision of this section.

Specifies that such a request shall: (1) specify an entity to gather responses to the request; (2) be from a private entity to a Federal entity; or (3) be deemed to have been made and to have specified such a private entity when the Federal entity has voluntarily been given cyber security information gathered by that private entity, including by means of a cyber security Internet website. Provides that a cyber security statement or other such information provided by a party in response to a request: (1) shall be exempt from disclosure under the Freedom of Information Act; (2) shall not be disclosed to or by any third party; and (3) may not be used by any Federal or State entity or by any third party in any civil action arising under Federal or State law. Makes exceptions regarding separately obtained information submitted in response to a request through the use of independent legal authorities and regarding information disclosed generally or broadly to the public with the express consent of the party. (Sec. 5) Makes the antitrust laws inapplicable to conduct engaged in solely for facilitating or communicating about the correction or avoidance of a cyber security related problem. Makes an exception with respect to conduct that involves or results in an agreement to boycott any person, to allocate a market, or to fix prices or output. (Sec. 6) Authorizes the President to establish working groups of Federal employees who will engage outside organizations in discussions to address cyber security and to share information related to cyber security.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Waste Fund Relief and Rebate Act''. SEC. 2. CERTIFICATION OF COMMITMENT TO YUCCA MOUNTAIN. (a) In General.--Subtitle E of title I of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10172 et seq.) is amended by adding at the end the following: ``SEC. 162. CERTIFICATION OF COMMITMENT TO YUCCA MOUNTAIN SITE. ``(a) Definition of Defense Waste.--In this section, the term `defense waste' means-- ``(1) transuranic waste; ``(2) high-level radioactive waste; ``(3) spent nuclear fuel; ``(4) special nuclear materials; ``(5) greater-than-class C, low-level radioactive waste; and ``(6) any other waste arising from the production, storage, or maintenance of nuclear weapons (including components of nuclear weapons). ``(b) Certification of Commitment.--Not later than 30 days after the date of enactment of this section, the President shall publish in the Federal Register a notice that the President certifies that the Yucca Mountain site is the selected site for the development of a repository for the disposal of high-level radioactive waste and spent nuclear fuel, in accordance with section 160. ``(c) Failure To Publish Certification; Revocation of Certification.--If the President fails to publish the certification of the President in accordance with subsection (b), or if the President revokes the certification of the President after the date described in that subsection, not later than 1 year after the date described in subsection (b), or the date of revocation, as appropriate, and in accordance with subsection (d)-- ``(1) each entity that is required under section 302 to make a payment to the Secretary shall not be required to make any additional payment; and ``(2) each entity that has made a payment under section 302 shall receive from the Secretary of the Treasury, from amounts available in the Nuclear Waste Fund, an amount equal to the aggregate amount of the payments made by the entity (including interest on the aggregate amount of the payments) to the Secretary for deposit in the Nuclear Waste Fund. ``(d) Use of Returned Payments.-- ``(1) In general.--Subject to paragraph (2), of the aggregate amount of payments returned to an entity described in subsection (c)(2)-- ``(A) 75 percent shall be used by the entity to provide rebates to ratepayers of the entity; and ``(B) 25 percent shall be used by the entity to carry out upgrades to nuclear power facilities of the entity to enhance the storage and security of materials used to generate nuclear power. ``(2) Defense waste.--In the case of a payment required to be paid to an entity for the storage of defense waste, the Secretary shall use the amount required to be paid to the entity to meet the penalty payment obligation of the Secretary under subsection (e)(2) to the State in which the entity is located. ``(e) Disposition of Defense Waste.-- ``(1) In general.--Not later than January 1, 2017, the Secretary shall initiate the transportation of defense waste from each State in which defense waste is located to the Yucca Mountain site. ``(2) Penalty.-- ``(A) In general.--Subject to subparagraph (B), if the Secretary fails to initiate the transportation of defense waste in accordance with paragraph (1), the Secretary shall pay to each State in which defense waste is located $1,000,000 for each day that the defense waste is located in the State until the date on which the Secretary initiates the transportation of the defense waste under paragraph (1). ``(B) Maximum amount.--Subject to subsection (c)(2), for each calendar year, the Secretary shall not pay to any State described in subparagraph (A) an amount greater than $100,000,000. ``(C) Required use of payments.--A State that receives amounts through a payment from the Secretary under this paragraph shall use the amounts-- ``(i) to help offset the loss in community investments that results from the continued storage of defense waste in the State; and ``(ii) to help mitigate the public health risks that result from the continued storage of defense waste in the State. ``(f) Determination by Commission To Grant or Amend Licenses.--In determining whether to grant or amend any license to operate any civilian nuclear power reactor, or high-level radioactive waste or spent fuel storage or treatment facility, under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), the responsibilities of the President and the Secretary described in this subtitle shall be considered to be sufficient and independent grounds for the Commission to determine the existence of reasonable assurances that spent nuclear fuel and high- level radioactive waste would be disposed of safely and in a timely manner by the entity that is the subject of the determination. ``(g) Effects.-- ``(1) Termination of payment requirement; acceptance of returned payments.--With respect to an entity that receives a benefit under paragraph (1) or (2) of subsection (c)-- ``(A) the entity shall not be considered by the Commission to be in violation under section 302(b); and ``(B) the Commission shall not refuse to take any action with respect to a current or prospective license of the entity on the grounds that the entity has cancelled or rescinded a contract to which the entity is a party as the result of-- ``(i) the failure by the entity to make a payment to the Secretary under section 302; or ``(ii) the acceptance by the entity of amounts described in subsection (c)(2). ``(2) Disposition of waste.--Nothing in this section affects the responsibility of the Federal Government under any Act (including regulations) with respect to the ultimate disposition of high-level radioactive waste and spent nuclear fuel.''. (b) Conforming Amendment.--The table of contents of the Nuclear Waste Policy Act of 1982 (42 U.S.C. prec. 10101) is amended by adding at the end of the items relating to subtitle E of title I the following: ``Sec. 162. Certification of commitment to Yucca Mountain site.''.

Nuclear Waste Fund Relief and Rebate Act - Amends the Nuclear Waste Policy Act of 1982 to direct the President to publish in the Federal Register a notice certifying that the Yucca Mountain site (Nevada) is the selected site for the development of a repository for the disposal of high-level radioactive radioactive waste and spent nuclear fuel. Declares that, if the President fails to publish the certification or revokes it, each entity: (1) that is required to make a payment to the Nuclear Waste Fund shall not be required to make any additional payment; and (2) that has made a payment shall receive a refund, 75% of which shall be used for rebates to the entity's ratepayers, and 25% shall be used to carry out upgrades to the entity's nuclear power facilities to enhance the storage and security of materials used to generate nuclear power. Requires the Secretary of Energy to initiate by January 1, 2017, the transportation to the Yucca Mountain site of defense waste from each state in which it is located. Imposes penalties on the Secretary for failure to initiate such transportation.

SECTION 1. FINDINGS. The Congress finds the following: (1) In 1960, the Supreme Court ruled in Boynton v. Virginia that segregated bus and rail stations were unconstitutional. (2) The rigid system of racial segregation that prevailed in the United States during the 1960s did not permit a Black person to sit next to a White person on any bus traveling through interstate commerce and in most locations in the South. Bus stations had ``Whites Only'' waiting areas and Blacks were not permitted to wait in those areas despite the Supreme Court making it the law of the land. (3) The Freedom Riders, with the intent to end segregation in public transportation throughout the South, paved the way for full racial integration of the United States transit system. They overcame prejudice, discrimination, and violence. They sparked a movement that changed our Nation. (4) The Congress of Racial Equality (C.O.R.E.) selected thirteen volunteers for nonviolent response training to join in the Freedom Rides from Washington, DC, to New Orleans, LA. The Freedom Riders used their strategies of nonviolence throughout the South to challenge the region's Jim Crow laws directly and enforce the Supreme Court decision in Boynton. (5) On the morning of May 4, 1961, the Freedom Riders, comprised of seven Blacks and six Whites, boarded two buses, with Blacks and Whites seated together. Those thirteen Freedom Riders were: Genevieve Hughes Houghton, Charles Person, Hank Thomas, John Lewis, Edward Blankenheim, James Farmer, Walter Bergman, Frances Bergman, Joseph Perkins, Jimmy McDonald, Mae Francis Moultrie, Benjamin Elton Cox, and Albert Bigelow. Most segregated States considered even this level of integration a crime. At various stops along the way, the Freedom Riders would enter areas designated ``Whites'' and ``Colored'' and would eat together at segregated lunch counters to defy local laws. (6) Initially, the Freedom Riders had encountered only minor clashes until a stop in South Carolina. In Rock Hill, an angry mob severely beat John Lewis, now a Congressman from the 5th District of Georgia, when he entered the bus station. Henry ``Hank'' Thomas was jailed when he entered the bus station in Winnsboro. Authorities delivered him to a waiting mob long after the station had closed that evening. A local Black minister rescued Thomas, enabling him to rejoin the group in Columbia. However, Lewis was so badly beaten he could not continue the Freedom Rides. (7) Dr. Martin Luther King, Jr., and other civil rights leaders met with the group in Atlanta to dissuade their continuance through the Deep South due to death threats. Despite these warnings, more Freedom Riders joined in Atlanta. Dedicated to their mission to end segregation in the South and trained in nonviolent movements, the Freedom Riders continued on their journey. (8) On Mother's Day, May 14, 1961, the Freedom Riders were on two different buses. An angry mob in Anniston, Alabama, firebombed the first bus. When the Freedom Riders rushed out, still choking from the thick smoke of the burning bus, the waiting angry mob beat them with lead pipes and baseball bats as the bus exploded. Ambulances refused to transport the Black Freedom Riders to the hospital. The mob beat the Freedom Riders on the second bus and forced them to sit in the back. As they journeyed to Birmingham, another mob savagely beat the Freedom Riders. (9) The Nashville (TN) Student Group, a local group of students who had been successful in desegregating the lunch counters and movie theaters in Nashville (TN), vowed not to let these acts of violence curtail the goal of the Freedom Rides. They sent their members to continue the Freedom Rides and called out to other student groups to do the same. (10) As the violence grew, the Attorney General of the United States called in the National Guard and the U.S. Marshals to protect the Freedom Riders as they journeyed through Alabama. This protection was short-lived. The Federal authorities turned the Freedom Riders over to the local authorities in Mississippi who then arrested the Freedom Riders for disturbing the peace. (11) The government of Mississippi imprisoned many of the Freedom Riders in Parchman Prison known for its horrific conditions, such as subjecting the Freedom Riders to strip searches, work on chain gangs, and light shining in their cells 24 hours a day. Despite these conditions, the Freedom Riders refused bail because they were determined to spread the message of their nonviolent movement. (12) Five months after the first Freedom Rides left on their historic ride, the Interstate Commerce Commission in conjunction with the U.S. Attorney General Robert Kennedy issued a Federal order banning segregation at all interstate public facilities based upon ``race, color or creed''. The law became effective on November 1, 1961. (13) In 2011, the President of the United States paid tribute to the Freedom Riders with a Presidential Proclamation honoring the 50th Anniversary of the first Freedom Ride by brave Americans whose selfless act of courage helped pave the way for others to continue on the road to Civil Rights in America. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorization.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to the Freedom Riders, collectively, in recognition of their unique contribution to Civil Rights, which inspired a revolutionary movement to equality in interstate travel. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it will be available for display as appropriate and available for research. (2) Sense of the congress.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal awarded pursuant to this Act available for display elsewhere, particularly at appropriate locations associated with the Freedom Riders. SEC. 3. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for the purposes of chapter 51 of title 31, United States Code.

Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation, on behalf of Congress, of a gold medal to the Freedom Riders in recognition of their contribution to civil rights, which inspired a movement to equality in interstate travel. Requires such medal to be given to the Smithsonian Institution, where it will be available for display and research. Expresses the sense of Congress that the medal should be made available for display elsewhere, particularly at locations associated with the Freedom Riders.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dry-Redwater Regional Water Authority System Act of 2008''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) there are insufficient available supplies of safe water to meet the minimum health and safety standards of the citizens of-- (A) Dawson, Garfield, McCone, Prairie, and Richland Counties of the State; and (B) McKenzie County, North Dakota; (2) McCone and Garfield Counties of the State were-- (A) directly and physically impacted when the Fort Peck Dam was constructed; and (B) to receive certain impact benefits as a result of the Pick-Sloan program; and (3) the water that is contained in the Fort Peck Dam reservoir is managed for purposes relating to-- (A) flood control; (B) the production of hydroelectric power; (C) irrigation; (D) the maintenance of a public water supply; (E) the conservation of fish and wildlife; (F) recreation; and (G) the improvement of water quality. (b) Purpose.--The purpose of this Act is to ensure a safe and adequate municipal, rural, and industrial water supply for the citizens of-- (1) Dawson, Garfield, McCone, Prairie, and Richland Counties of the State; and (2) McKenzie County, North Dakota. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Western Area Power Administration. (2) Authority.--The term ``Authority'' means-- (A) the Dry-Redwater Regional Water Authority, which is a publicly owned nonprofit water authority formed in accordance with Mont. Code Ann. Sec. 75-6- 302 (2007); and (B) any nonprofit successor entity. (3) Firm power rate.--The term ``firm power rate'' means the rate charged by the Administrator for the Pick-Sloan Missouri Basin Program--Eastern Division. (4) Pick-sloan program.--The term ``Pick-Sloan program'' means the Pick-Sloan Missouri River Basin Program (authorized by section 9 of the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (58 Stat. 891, chapter 665)). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Montana. (7) Water system.--The term ``Water System'' means the Dry- Redwater Regional Water Authority System authorized under section 4 for-- (A) Dawson, Garfield, McCone, Prairie, and Richland Counties of the State; and (B) McKenzie County, North Dakota. SEC. 4. DRY-REDWATER REGIONAL WATER AUTHORITY SYSTEM. (a) Cooperative Agreement.-- (1) In general.--The Secretary shall enter into a cooperative agreement with the Authority to provide Federal assistance for the planning, design, and construction of the Water System. (2) Requirements.--A cooperative agreement entered into under paragraph (1) shall specify, in a manner that is acceptable to the Secretary and the Authority-- (A) the responsibilities of each party to the cooperative agreement relating to the Water System, including-- (i) the final engineering report; (ii) an environmental and cultural resource study; (iii) engineering and design; (iv) construction; (v) water conservation measures; and (vi) administration of contracts relating to the performance of the activities described in clauses (i) through (v); (B) any procedure or requirement relating to-- (i) the carrying out of each activity described in subparagraph (A); and (ii) the approval and acceptance of the design and construction of the Water System; and (C) the rights, responsibilities, and liabilities of each party to the cooperative agreement. (b) Use of Federal Funds.-- (1) Federal share.-- (A) In general.--The Federal share of the costs relating to the planning, design, and construction of the Water System shall not exceed 75 percent of the total cost of the Water System. (B) Limitation.--Amounts made available under subparagraph (A) shall not be returnable or reimbursable under the reclamation laws. (2) Compliance with cooperative agreement.--Federal funds made available to carry out this section shall be obligated and expended in accordance with a cooperative agreement entered into by the Secretary under subsection (a)(1). (c) Components.--Components of the Water System facilities for which Federal funds may be obligated and expended under this section shall include-- (1) facilities relating to-- (A) water intake; (B) water pumping; (C) water treatment; and (D) water storage; (2) transmission pipelines and pumping stations; (3) appurtenant buildings, maintenance equipment, and access roads; (4) any interconnection facility that connects a pipeline of the Water System to a pipeline of a public water system; (5) distribution, pumping, and storage facilities that-- (A) serve the needs of citizens who use public water systems; (B) are in existence on the date of enactment of this Act; and (C) may be purchased, improved, and repaired in accordance with a cooperative agreement entered into by the Secretary under subsection (a)(1); (6) electrical power transmission and distribution facilities required for the operation and maintenance of the Water System; (7) any other facility or service required for the development of a rural water distribution system, as determined by the Secretary; and (8) any property or property right required for the construction or operation of a facility described in this subsection. (d) Service Area.--The service area of the Water System shall be-- (1) the area of Garfield and McCone Counties in the State; (2) the area west of the Yellowstone River in Dawson and Richland Counties in the State; (3) the area including, and north of, Township 15N in Prairie County in the State; and (4) the portion of McKenzie County, North Dakota, that includes all land that is located west of the Yellowstone River in the State of North Dakota. (e) Limitation on Availability of Construction Funds.--The Secretary shall not obligate funds for construction of the Water System until the date-- (1) on which the Water System complies with each requirement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (2) that is 90 days after the date of receipt by Congress of the final engineering report described in subsection (a)(2)(A)(i) that is approved by the Secretary; and (3) on which the Secretary publishes a written finding that the water conservation plan developed pursuant to section 6 contains water conservation measures for the operation of the Water System that are-- (A) prudent; (B) reasonable; and (C) economically and financially feasible. (f) Limitation on Use of Federal Funds.-- (1) In general.--Any cost relating to the operation, maintenance, or replacement of the Water System-- (A) shall not be a Federal responsibility; and (B) shall be paid by the Water System. (2) Federal funds.--The Secretary shall not obligate or expend Federal funds for the operation, maintenance, or replacement of the Water System. (g) Title to the Water System.--Title to the Water System shall be held by the Authority. SEC. 5. USE OF POWER FROM PICK-SLOAN PROGRAM. (a) Findings.--Congress finds that McCone and Garfield Counties in the State were designated-- (1) as impact counties during the period in which the Fort Peck Dam was constructed; and (2) to receive impact mitigation benefits in accordance with the Pick-Sloan program. (b) Availability of Power.-- (1) In general.--Subject to paragraph (2), the Administrator shall make available to the Water System a quantity of power required to meet the pumping and incidental operation requirements of the Water System-- (A) from the water intake facilities; and (B) through-- (i) the water treatment facilities; and (ii) all first water distribution pumping facilities. (2) Eligibility.--The Water System shall be eligible to receive power under paragraph (1) if the Water System-- (A) operates on a not-for-profit basis; and (B) is constructed pursuant to a cooperative agreement entered into by the Secretary under section 4(a)(1). (3) Rate.--The Administrator shall establish the cost of the power described in paragraph (1) at the firm power rate. (4) Recovery of expenses.--The Administrator shall recover the costs associated with the quantity of power used by the Authority under paragraph (1). (5) Responsibility for expenses.--The Authority shall be responsible for the payment of the costs described in paragraph (4). SEC. 6. WATER CONSERVATION PLAN. (a) In General.--The Authority shall develop a water conservation plan containing-- (1) a description of water conservation objectives; (2) a description of appropriate water conservation measures; and (3) a time schedule for carrying out the measures described in paragraph (2) and this Act to meet the water conservation objectives described in paragraph (1). (b) Design Requirement.--The water conservation plan developed under subsection (a) shall be designed to ensure that users of water provided by the Water System will use the best practical technology and management techniques to conserve water. (c) Public Participation.--Section 210(c) of the Reclamation Reform Act of 1982 (43 U.S.C. 390jj(c)) shall apply to each activity carried out under this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Water System.--There is authorized to be appropriated to carry out the planning, design, and construction of the Water System $115,116,000 for the period of fiscal years 2009 through 2019. (b) Cost Indexing.--The amount authorized to be appropriated under subsection (a) may be increased or decreased in accordance with ordinary fluctuations in development costs incurred after January 1, 2008, as indicated by any available engineering cost indices applicable to construction activities that are similar to the construction of the Water System.

Dry-Redwater Regional Water Authority System Act of 2008 - Directs the Secretary of the Interior to enter into a cooperative agreement to provide federal assistance for the planning, design, and construction of the Dry-Redwater Regional Water Authority System for specified counties in Montana and North Dakota. Lists agreement requirements. Limits the federal share of planning, design, and construction of the System to 75% of the total cost. Delineates the components of System facilities for which federal funds may be expended and the System's service area. Limits the obligation of funds for construction. Provides that any cost relating to the System's operation, maintenance, or replacement shall not be a federal responsibility and shall be paid by the System. Directs the Administrator of the Western Area Power Administration to make available to the System a quantity of power required to meet the System's pumping and incidental operation requirements from the water intake facilities and through the water treatment facilities and all first water distribution pumping facilities. Makes the System eligible to receive power only if it operates on a nonprofit basis and is constructed pursuant to the agreement. Directs the Authority to develop a water conservation plan containing a description of water conservation objectives and measures and a schedule for carrying out such measures. Requires the plan to be designed to ensure that users of water provided by the System will use the best practical technology and management techniques to conserve water.

SECTION 1. CARRYOVER OF UNUSED BENEFITS FROM HEALTH FLEXIBLE SPENDING ARRANGEMENTS. (a) In General.--Section 125 of the Internal Revenue Code of 1986 (relating to cafeteria plans) is amended by redesignating subsections (h) and (i) as subsections (i) and (j), respectively, and by inserting after subsection (g) the following new subsection: ``(h) Allowance of Carryovers of Unused Funds to Subsequent Taxable Years.-- ``(1) In general.--For purposes of this title-- ``(A) a plan or other arrangement shall not fail to be treated as a cafeteria plan or health flexible spending arrangement, and ``(B) no amount shall be required to be included in gross income by reason of this section or any other provision of this chapter, solely because under such plan or other arrangement any amounts elected for reimbursement of eligible medical care expenses under a health flexible spending arrangement which are unused during a plan year may be carried forward to one or more succeeding plan years. ``(2) Amounts included in gross income.--Any carryover amount described in subsection (h)(1) shall be included in gross income for purposes of Federal withholding and employment tax purposes, including FICA taxes. Any amount carried over under this subparagraph shall be treated as wages for the taxable year in which the amounts were determined to be carry over amounts as described in subsection (h)(1). ``(3) Treatment of and limitation on rollover amounts.-- Amounts carried over under subparagraph (h)(1) shall be limited as follows: ``(A) Amounts carried forward pursuant to subsection (h)(1) shall be limited to $2,000 per plan year (as indexed for future years by the cost of living adjustment determined under section 1(f)(3)). Any unused amounts during any plan year in excess of this amount shall be forfeited and shall be treated in accordance with the applicable regulations issued under section 125. ``(B) Amounts carried forward pursuant to subsection (h)(1) shall be used only for reimbursement of Qualified Medical Care Expenses defined in subsection (h)(5) below. ``(C) The employer may invest such carryover amounts in guaranteed principle and interest investments which provide 100 percent liquidity within the account. ``(4) Forfeitures for terminating participants permitted.-- Nothing in this subsection shall preclude the application of the requirement set forth in the regulations promulgated under section 125 that participants who terminate participation prior to the end of the plan year must forfeit any health flexible spending arrangement account balance provided such amounts do not consist of carry over amounts described in subsection (h)(1). ``(5) Qualified medical expenses.-- ``(A) In general.--The term `qualified medical expenses' means, with respect to subsection (h)(3) above, amounts paid for medical care (as defined in section 213(d)) for such individual, the spouse of such individual, and any dependent (as defined in section 152) of such individual, but only to the extent such amounts are not compensated for by insurance or otherwise. ``(B) Health insurance expenses.-- ``(i) In general.--Subparagraph (A) shall not apply to any payment for coverage under a group health plan of an employer of the health flexible spending arrangement participant or the spouse of the participant. ``(ii) Exceptions.--Clause (A) shall not apply to any expense for coverage under-- ``(I) a group health plan during any period of continuation coverage required under any Federal law, ``(II) a qualified long-term care insurance contract (as defined in section 7702B(b)), ``(III) a Medicare supplemental policy under section 1882 of the Social Security Act, or ``(IV) an individual health insurance policy. ``(6) Carryover amounts to be expended after health flexible spending arrangement contribution.--All Qualified Medical Care Expenses defined in subsection (h)(5)(A) that are submitted for reimbursement must be reimbursed first from amounts in the participant's health care flexible spending arrangement that do not constitute carryover amounts described in subsection (h)(1), to the extent such amounts may be reimbursed from the portion of the health flexible spending arrangement that does not consist of carryover amounts pursuant to rules set forth in the regulations promulgated under section 125 relative to health flexible spending arrangements. ``(7) Treatment of carryover amounts following termination of employment or other loss of eligibility.--Upon a termination of employment or other loss of eligibility under the health care flexible spending arrangement, the Employer must provide for one or more of the following methods of distribution of a Participant's accumulated carryover amount plus interest earned and allocated to such Participant pursuant to subsection (h)(3)(C): ``(A) The Participant's accumulated carryover amount, including any interest earned and allocated to such health care spending arrangement balance pursuant to (h)(3)(C), may be retained by the Employer to be used to reimburse Qualifying Medical Care Expenses of the former participant and the former employee's spouse or dependents incurred after the date of termination; ``(B) The carryover amount calculated as of the day of the termination of employment or other loss of eligibility may be transferred to the subsequent employer to be used by the former participant in a manner consistent with the rule of this subsection (h), provided the subsequent employer provides a similar arrangement and agrees in writing; or ``(C) The employer may distribute the carryover amount, including any interest earned and allocated to such account pursuant to subsection (h)(3)(C), to any appropriate vehicle as defined by the Department of Treasury in regulations or to the participant in cash. If carryover amounts are received in cash, the interest earned and allocated to such participant pursuant to subsection (h)(3)(C) shall be treated as ordinary income for purposes of Federal tax purposes. The employer must offer at least one of the options set forth above; however, nothing in this subsection requires the employer to offer more than one option. If the employer offers more than one of the options listed above, the employee must choose the applicable option within 60 days of the date of termination of employment or loss of eligibility. Should no election be made, the funds will revert to the employer consistent with Federal regulations. If the termination of employment or loss of eligibility is a result of the participant's death, the surviving spouse, or dependents, if no surviving spouse, will receive the participant's carry over funds in a manner consistent with (h)(7)(C).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Amends the Internal Revenue Code to allow the limited (up to $2,000 annually) carryover of unused benefits from health flexible spending arrangements to subsequent taxable years to be used for the reimbursement of future medical expenses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oregon Coastal Land Act''. SEC. 2. DEFINITIONS. In this Act: (1) Confederated tribes.--The term ``Confederated Tribes'' means the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians. (2) Oregon coastal land.--The term ``Oregon Coastal land'' means the approximately 14,408 acres of land, as generally depicted on the map entitled ``Oregon Coastal Land Conveyance'' and dated March 27, 2013. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. CONVEYANCE. (a) In General.--Subject to valid existing rights, including rights-of-way, all right, title, and interest of the United States in and to the Oregon Coastal land, including any improvements located on the land, appurtenances to the land, and minerals on or in the land, including oil and gas, shall be-- (1) held in trust by the United States for the benefit of the Confederated Tribes; and (2) part of the reservation of the Confederated Tribes. (b) Survey.--Not later than 1 year after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). SEC. 4. MAP AND LEGAL DESCRIPTION. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Oregon Coastal land with-- (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. (b) Force and Effect.--The map and legal description filed under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical or typographical errors in the map or legal description. (c) Public Availability.--The map and legal description filed under subsection (a) shall be on file and available for public inspection in the Office of the Secretary. SEC. 5. ADMINISTRATION. (a) In General.--Unless expressly provided in this Act, nothing in this Act affects any right or claim of the Confederated Tribes existing on the date of enactment of this Act to any land or interest in land. (b) Prohibitions.-- (1) Exports of unprocessed logs.--Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply to any unprocessed logs that are harvested from the Oregon Coastal land taken into trust under section 3. (2) Non-permissible use of land.--Any real property taken into trust under section 3 shall not be eligible, or used, for any gaming activity carried out under Public Law 100-497 (25 U.S.C. 2701 et seq.). (c) Laws Applicable to Commercial Forestry Activity.--Any commercial forestry activity that is carried out on the Oregon Coastal land taken into trust under section 3 shall be managed in accordance with all applicable Federal laws. (d) Agreements.--The Confederated Tribes shall consult with the Secretary and other parties as necessary to develop agreements to provide for access to the Oregon Coastal land taken into trust under section 3 that provide for-- (1) honoring existing reciprocal right-of-way agreements; (2) administrative access by the Bureau of Land Management; and (3) management of the Oregon Coastal land that are acquired or developed under chapter 2003 of title 54, United States Code, consistent with section 200305(f)(3) of title 54, United States Code. (e) Land Use Planning Requirements.--Except as provided in subsection (c), once the Oregon Coastal land is taken into trust under section 3, the land shall not be subject to the land use planning requirements of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Act of August 28, 1937 (43 U.S.C. 1181a et seq.). SEC. 6. LAND RECLASSIFICATION. (a) Identification of Oregon and California Railroad Grant Land.-- Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary shall identify any Oregon and California Railroad grant land that is held in trust by the United States for the benefit of the Confederated Tribes under section 3. (b) Identification of Public Domain Land.--Not later than 18 months after the date of enactment of this Act, the Secretary shall identify public domain land in the State of Oregon that-- (1) is approximately equal in acreage and condition as the Oregon and California Railroad grant land identified under subsection (a); and (2) is located in the vicinity of the Oregon and California Railroad grant land. (c) Maps.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress and publish in the Federal Register 1 or more maps depicting the land identified in subsections (a) and (b). (d) Reclassification.-- (1) In general.--After providing an opportunity for public comment, the Secretary shall reclassify the land identified in subsection (b) as Oregon and California Railroad grant land. (2) Applicability.--The Act of August 28, 1937 (43 U.S.C. 1181a et seq.), shall apply to land reclassified as Oregon and California Railroad grant land under paragraph (1).

Oregon Coastal Land Act Requires all interest of the United States in approximately 14,408 acres of land (Oregon Coastal land) to be held in trust for, and to be part of the reservation of, the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians (Tribes). Applies federal law relating to the export of unprocessed logs harvested from federal land to any unprocessed logs harvested from such land. Prohibits gaming on such land. Requires commercial forestry activity on such land to be managed in accordance with applicable federal laws. Exempts such land from the land use planning requirements of the Federal Land Policy and Management Act of 1976. Directs the Tribes to consult with the Department of the Interior and other parties to develop agreements to provide for access to such land that provide for: (1) honoring existing reciprocal right-of-way agreements, (2) administrative access by the Bureau of Land Management, and (3) management of any such land acquired or developed under the Land and Water Conservation Fund. Directs the Department of Agriculture and Interior to identify any land conveyed under this Act that is Oregon and California Railroad grant land. Directs Interior to: (1) identify public domain land in Oregon that is approximately equal in acreage and condition to such Oregon and California Railroad grant land, and (2) reclassify the public domain land as Oregon and California Railroad grant land.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Boating Occupancy and Teaching Safety Act'' or the ``BOATS Act''. SEC. 2. DEFINITIONS. In this Act: (1) Flying bridge.--The term ``flying bridge'' means an open deck above the main navigating bridge of a recreational vessel. (2) Passenger.--The term ``passenger'' includes any individual aboard a vessel. (3) Recreational vessel.-- (A) In general.--The term ``recreational vessel'' means any vessel of greater than 20 feet and less than 45 feet overall in length, that is-- (i) manufactured or used primarily for pleasure; or (ii) leased, rented, or chartered to a person for the pleasure of that person. (B) Exclusion.--The term ``recreational vessel'' does not include a vessel that-- (i) is subject to Coast Guard inspection; (ii) is constructed before January 1, 2016; and (iii)(I) is engaged in commercial use; or (II) carries paying passengers. SEC. 3. CAPACITY LIMITS FOR RECREATIONAL VESSELS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall-- (1) establish standards for determining the maximum passenger capacity in whole number of passengers and in pounds for recreational vessels; (2) require each manufacturer of a passenger vessel to post such maximum passenger capacity on the passenger vessel as described in subsection (b); and (3) require each operator of a passenger vessel to ensure that-- (A) such maximum passenger capacity is posted as described in subsection (b) and legible to passengers; and (B) notice of the need to balance the weight carried by the vessel to avoid capsizing is posted as described in subsection (b) and legible to passengers. (b) Elements and Locations of Displays.--The maximum passenger capacity, maximum carrying capacity in pounds, and notice of the need to balance the carried weight for a passenger vessel shall each be permanently displayed in a legible matter-- (1) in a location that is clearly visible to a passenger boarding the passenger vessel; and (2) on each flying bridge of the vessel, in a location that is clearly visible to a passenger on the flying bridge. (c) Penalties.--Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall publish regulations that establish appropriate penalties for a manufacturer of a recreational vessel that does not comply with the requirements of this section. (d) Application.--The requirements of this section shall apply to any recreational vessel manufactured after the date that is 180 days after the date of the enactment of this Act. SEC. 4. STATE RECREATIONAL BOATING SAFETY PROGRAMS. (a) Program Acceptance.--Section 13103 of title 46, United States Code, is amended-- (1) in subsection (c)-- (A) in paragraph (4) by striking ``and'' at the end; (B) in paragraph (5) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(6) contracting practices in accordance with subsection (e).''; and (2) by adding at the end the following: ``(e) Contracting.-- ``(1) In general.--A State carrying out a State recreational boating safety program may enter into a contract with a local government or private entity to have the government or entity provide boating safety education services under the program. ``(2) Expenditure requirement.--Each fiscal year, a State carrying out a State recreational boating safety program shall expend on contracts described in paragraph (1) not less than 5 percent of the Federal amounts received by that State in that fiscal year under this chapter. ``(3) Considerations.--In entering into contracts under paragraph (1), a State shall consider-- ``(A) the need for geographic diversity among the local governments and private entities providing education services under the contracts; ``(B) the need to have education services that address the various vessels utilized in the State; ``(C) the need to have education services that address the various waterways in the State; and ``(D) all the costs related to providing education services under the contracts that may affect the local governments and private entities providing the services. ``(4) Eligibility.-- ``(A) In general.--To be eligible to enter into a contract under paragraph (1), a local government or private entity shall-- ``(i) submit to the appropriate State lead authority or agency designated under subsection (a)(4) a detailed proposal for the provision of boating safety education services; and ``(ii) certify that the government or entity will not profit financially from providing the services. ``(B) Exceptions.-- ``(i) Existing providers.--Subparagraph (A)(i) does not apply to a local government or private entity that provided boating safety education services before the date of enactment of this subsection under standards established by the relevant State. ``(ii) 501(c)(3) organizations.-- Subparagraph (A)(ii) does not apply to an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code if the organization certifies to the relevant State that all relevant profits will be used to advance boating safety. ``(5) Education services criteria.--The Secretary, in consultation with States and relevant stakeholders, shall establish criteria for the boating safety education services provided by local governments and private entities under this subsection. Using the criteria, a State shall establish outlines specifying the requirements for education services in that State and education services in that State shall be provided in accordance with the outlines. ``(6) Additional contracting.--A local government that enters into a contract under paragraph (1) to provide boating safety education services may contract with a private entity to receive assistance with the provision of those services. ``(7) Advertising.--A local government or private entity that enters into a contract under paragraph (1) to provide boating safety education services may utilize funds provided under that contract to advertise such services. ``(8) Report.--Each fiscal year, a State that entered into contracts under this subsection shall submit to the Secretary a report specifying the governments and entities contracted with in that fiscal year.''. (b) Sport Fish Restoration and Boating Trust Fund.--Section 9504(b)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``the MAP-21'' and inserting ``Boating Occupancy and Teaching Safety Act''.

Boating Occupancy and Teaching Safety Act or the BOATS Act - Directs the Commandant of the Coast Guard to: (1) establish maximum passenger capacity and maximum weight capacity standards for recreational vessels, and (2) require manufacturers and operators of passenger vessels to permanently display in a legible manner that is clearly visible, including on each flying bridge of the vessel, to vessel passengers such maximum capacity requirements and a notice of the need to balance vessel weight to avoid capsizing. Defines "flying bridge" to mean an open deck above the main navigating bridge of a recreational vessel. Amends federal shipping law to revise state recreational boating safety program requirements. Allows a state to contract with a local government or private entity to provide boating safety education services under a state recreational boating safety program. Amends the Internal Revenue Code to make amounts in the Sport Fish Restoration and Boating Trust Fund available for expenditures to carry out the purposes of the Dingell-Johnson Sport Fish Restoration Act (as in effect upon enactment of this Act).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Relief Opportunities for Students Act of 2001''. SEC. 2. WAIVER AUTHORITY FOR RESPONSE TO NATIONAL EMERGENCY. (a) Waivers and Modifications.-- (1) In general.--Notwithstanding any other provision of law, unless enacted with specific reference to this section, the Secretary of Education (referred to in this Act as the `Secretary') may waive or modify any statutory or regulatory provision applicable to the student financial aid programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) as the Secretary deems necessary in connection with the national emergency to provide the waivers or modifications authorized by paragraph (2). (2) Actions authorized.--The Secretary is authorized to waive or modify any provision described in paragraph (1) as may be necessary to ensure that-- (A) borrowers of Federal student loans who are affected individuals are not placed in a worse position financially in relation to those loans because of their status as affected individuals; (B) administrative requirements placed on affected individuals who are borrowers of Federal student loans are minimized, to the extent possible without impairing the integrity of the student loan programs, to ease the burden on such borrowers and avoid inadvertent, technical violations or defaults; (C) the calculation of ``annual adjusted family income'' and ``available income'', as used in the determination of need for student financial assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) for any such affected individual (and the determination of such need for his or her spouse and dependents, if applicable), may be modified to mean the sums received in the first calendar year of the award year for which such determination is made, in order to reflect more accurately the financial condition of such affected individual and his or her family; and (D) institutions of higher education, eligible lenders, guaranty agencies, and other entities participating in the student assistance programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) that are located in, or whose operations are directly affected by, areas that are declared disaster areas by any Federal, State, or local official in connection with the national emergency may be granted temporary relief from requirements that are rendered infeasible or unreasonable by the national emergency, including due diligence requirements and reporting deadlines. (b) Notice of Waivers or Modifications.-- (1) In general.--Notwithstanding section 437 of the General Education Provisions Act (20 U.S.C. 1232) and section 553 of title 5, United States Code, the Secretary shall, by notice in the Federal Register, publish the waivers or modifications of statutory and regulatory provisions the Secretary deems necessary to achieve the purposes of this section. (2) Terms and conditions.--The notice under paragraph (1) shall include the terms and conditions to be applied in lieu of such statutory and regulatory provisions. (3) Case-by-case basis.--The Secretary is not required to exercise the waiver or modification authority under this section on a case-by-case basis. (c) Impact Report.--The Secretary shall, not later than 15 months after first exercising any authority to issue a waiver or modification under subsection (a), report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate on the impact of any waivers or modifications issued pursuant to subsection (a) on affected individuals and the programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), and the basis for such determination, and include in such report the Secretary's recommendations for changes to the statutory or regulatory provisions that were the subject of such waiver or modification. (d) No Delay in Waivers and Modifications.--Sections 482(c) and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to the waivers and modifications authorized or required by this Act. SEC. 3. TUITION REFUNDS OR CREDITS FOR MEMBERS OF ARMED FORCES. (a) Sense of Congress.--It is the sense of Congress that-- (1) all institutions offering postsecondary education should provide a full refund to students who are members of the Armed Forces serving on active duty during the national emergency, for that portion of a period of instruction such student was unable to complete, or for which such individual did not receive academic credit, because he or she was called up for such service; and (2) if affected individuals withdraw from a course of study as a result of such service, such institutions should make every effort to minimize deferral of enrollment or reapplication requirements and should provide the greatest flexibility possible with administrative deadlines related to those applications. (b) Definition of Full Refund.--For purposes of this section, a full refund includes a refund of required tuition and fees, or a credit in a comparable amount against future tuition and fees. SEC. 4. USE OF PROFESSIONAL JUDGMENT. At the time of publishing any waivers or modifications pursuant to section 2(b), the Secretary shall publish examples of measures which institutions may take in the appropriate exercise of discretion under section 479A of the Higher Education Act of 1965 (20 U.S.C. 1087tt) to adjust financial need and aid eligibility determinations for affected individuals. SEC. 5. DEFINITIONS. In this Act: (1) Active duty.--The term `active duty' has the meaning given such term in section 101(d)(1) of title 10, United States Code, except that such term does not include active duty for training or attendance at a service school. (2) Affected individual.--The term `affected individual' means an individual who-- (A) is serving on active duty during the national emergency; (B) resides or is employed in an area that is declared a disaster area by any Federal, State, or local official in connection with the national emergency; or (C) suffered direct economic hardship as a direct result of the national emergency, as determined under a waiver or modification issued under this Act. (3) Federal student loan.--The term `Federal student loan' means a loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq., 20 U.S.C. 1087a et seq., and 20 U.S.C. 1087aa et seq.). (4) National emergency.--The term `national emergency' means the national emergency by reason of certain terrorist attacks declared by the President on September 14, 2001, or subsequent national emergencies declared by the President by reason of terrorist attacks. (5) Serving on active duty during the national emergency.-- The term `serving on active duty during the national emergency' shall include an individual who is-- (A) a Reserve of an Armed Force ordered to active duty under section 12301(a), 12301(g), 12302, 12304, or 12306 of title 10, United States Code, or any retired member of an Armed Force ordered to active duty under section 688 of such title, for service in connection with such emergency or subsequent actions or conditions, regardless of the location at which such active duty service is performed; and (B) any other member of an Armed Force on active duty in connection with such emergency or subsequent actions or conditions who has been assigned to a duty station at a location other than the location at which such member is normally assigned. SEC. 6. TERMINATION OF AUTHORITY. The provisions of this Act shall cease to be effective on September 30, 2003. Passed the House of Representatives October 23, 2001. Attest: JEFF TRANDAHL, Clerk.

Higher Education Relief Opportunities for Students Act of 2001 - Authorizes the Secretary of Education to waive or modify certain requirements of student financial aid programs under title IV of the Higher Education Act of 1965 as the Secretary deems necessary in connection with the national emergency declared by the President with respect to the terrorist attacks of September 11, 2001, or any subsequent national emergency declared by reason of terrorist attacks (the emergency).Authorizes such waivers or modifications in order to provide relief from certain financial and administrative burdens to affected individuals who: (1) are serving on active duty during the emergency; (2) reside or are employed in a disaster area declared by any Federal, State, or local official in connection with the emergency; or (3) suffered direct economic hardship as a direct result of the emergency, as determined under a waiver or modification issued under this Act. Authorizes waiver or modification of certain reporting requirements for institutions of higher education, lenders, guarantee agencies, and other entities participating in such programs, if such entities are located in such declared disaster areas connected to the emergency.Expresses the sense of Congress that: (1) all institutions offering postsecondary education should provide a full refund to students who are members of the Armed Forces serving on active duty during the national emergency, for that portion of a period of instruction such student was unable to complete, or for which such individual did not receive academic credit, because he or she was called up for such service; and (2) if affected individuals withdraw from a course of study as a result of such service, such institutions should make every effort to minimize deferral of enrollment or reapplication requirements and should provide the greatest flexibility possible with administrative deadlines related to those applications.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Needlestick Safety and Prevention Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Numerous workers who are occupationally exposed to bloodborne pathogens have contracted fatal and other serious viruses and diseases, including the human immunodeficiency virus (HIV), hepatitis B, and hepatitis C from exposure to blood and other potentially infectious materials in their workplace. (2) In 1991 the Occupational Safety and Health Administration issued a standard regulating occupational exposure to bloodborne pathogens, including the human immunodeficiency virus, (HIV), the hepatitis B virus (HBV), and the hepatitis C virus (HCV). (3) Compliance with the bloodborne pathogens standard has significantly reduced the risk that workers will contract a bloodborne disease in the course of their work. (4) Nevertheless, occupational exposure to bloodborne pathogens from accidental sharps injuries in health care settings continues to be a serious problem. In March 2000, the Centers for Disease Control and Prevention estimated that more than 380,000 percutaneous injuries from contaminated sharps occur annually among health care workers in United States hospital settings. Estimates for all health care settings are that 600,000 to 800,000 needlestick and other percutaneous injuries occur among health care workers annually. Such injuries can involve needles or other sharps contaminated with bloodborne pathogens, such as HIV, HBV, or HCV. (5) Since publication of the bloodborne pathogens standard in 1991 there has been a substantial increase in the number and assortment of effective engineering controls available to employers. There is now a large body of research and data concerning the effectiveness of newer engineering controls, including safer medical devices. (6) 396 interested parties responded to a Request for Information (in this section referred to as the ``RFI'') conducted by the Occupational Safety and Health Administration in 1998 on engineering and work practice controls used to eliminate or minimize the risk of occupational exposure to bloodborne pathogens due to percutaneous injuries from contaminated sharps. Comments were provided by health care facilities, groups representing healthcare workers, researchers, educational institutions, professional and industry associations, and manufacturers of medical devices. (7) Numerous studies have demonstrated that the use of safer medical devices, such as needleless systems and sharps with engineered sharps injury protections, when they are part of an overall bloodborne pathogens risk-reduction program, can be extremely effective in reducing accidental sharps injuries. (8) In March 2000, the Centers for Disease Control and Prevention estimated that, depending on the type of device used and the procedure involved, 62 to 88 percent of sharps injuries can potentially be prevented by the use of safer medical devices. (9) The OSHA 200 Log, as it is currently maintained, does not sufficiently reflect injuries that may involve exposure to bloodborne pathogens in healthcare facilities. More than 98 percent of healthcare facilities responding to the RFI have adopted surveillance systems in addition to the OSHA 200 Log. Information gathered through these surveillance systems is commonly used for hazard identification and evaluation of program and device effectiveness. (10) Training and education in the use of safer medical devices and safer work practices are significant elements in the prevention of percutaneous exposure incidents. Staff involvement in the device selection and evaluation process is also an important element to achieving a reduction in sharps injuries, particularly as new safer devices are introduced into the work setting. (11) Modification of the bloodborne pathogens standard is appropriate to set forth in greater detail its requirement that employers identify, evaluate, and make use of effective safer medical devices. SEC. 3. BLOODBORNE PATHOGENS STANDARD. The bloodborne pathogens standard published at 29 CFR 1910.1030 shall be revised as follows: (1) The definition of ``Engineering Controls'' (at 29 CFR 1910.1030(b)) shall include as additional examples of controls the following: ``safer medical devices, such as sharps with engineered sharps injury protections and needleless systems''. (2) The term ``Sharps with Engineered Sharps Injury Protections'' shall be added to the definitions (at 29 CFR 1910.1030(b)) and defined as ``a nonneedle sharp or a needle device used for withdrawing body fluids, accessing a vein or artery, or administering medications or other fluids, with a built-in safety feature or mechanism that effectively reduces the risk of an exposure incident''. (3) The term ``Needleless Systems'' shall be added to the definitions (at 29 CFR 1910.1030(b)) and defined as ``a device that does not use needles for: (A) the collection of bodily fluids or withdrawal of body fluids after initial venous or arterial access is established; (B) the administration of medication or fluids; or (C) any other procedure involving the potential for occupational exposure to bloodborne pathogens due to percutaneous injuries from contaminated sharps''. (4) In addition to the existing requirements concerning exposure control plans (29 CFR 1910.1030(c)(1)(iv)), the review and update of such plans shall be required to also-- (A) ``reflect changes in technology that eliminate or reduce exposure to bloodborne pathogens''; and (B) ``document annually consideration and implementation of appropriate commercially available and effective safer medical devices designed to eliminate or minimize occupational exposure''. (5) The following additional recordkeeping requirement shall be added to the bloodborne pathogens standard at 29 CFR 1910.1030(h): ``The employer shall establish and maintain a sharps injury log for the recording of percutaneous injuries from contaminated sharps. The information in the sharps injury log shall be recorded and maintained in such manner as to protect the confidentiality of the injured employee. The sharps injury log shall contain, at a minimum-- ``(A) the type and brand of device involved in the incident, ``(B) the department or work area where the exposure incident occurred, and ``(C) an explanation of how the incident occurred.''. The requirement for such sharps injury log shall not apply to any employer who is not required to maintain a log of occupational injuries and illnesses under 29 CFR 1904 and the sharps injury log shall be maintained for the period required by 29 CFR 1904.6. (6) The following new section shall be added to the bloodborne pathogens standard: ``An employer, who is required to establish an Exposure Control Plan shall solicit input from non-managerial employees responsible for direct patient care who are potentially exposed to injuries from contaminated sharps in the identification, evaluation, and selection of effective engineering and work practice controls and shall document the solicitation in the Exposure Control Plan.''. SEC. 4. EFFECT OF MODIFICATIONS. The modifications under section 3 shall be in force until superseded in whole or in part by regulations promulgated by the Secretary of Labor under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)) and shall be enforced in the same manner and to the same extent as any rule or regulation promulgated under section 6(b). SEC. 5. PROCEDURE AND EFFECTIVE DATE. (a) Procedure.--The modifications of the bloodborne pathogens standard prescribed by section 3 shall take effect without regard to the procedural requirements applicable to regulations promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)) or the procedural requirements of chapter 5 of title 5, United States Code. (b) Effective Date.--The modifications to the bloodborne pathogens standard required by section 3 shall-- (1) within 6 months of the date of the enactment of this Act, be made and published in the Federal Register by the Secretary of Labor acting through the Occupational Safety and Health Administration; and (2) at the end of 90 days after such publication, take effect. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Requires such modifications of the standard to: (1) be in force until superseded by regulations promulgated by the Secretary of Labor under OSHA; and (2) take effect without regard to specified procedural requirements.

SECTION 1. TRANSFER OF AUTHORITY TO REVIEW CERTAIN MERGERS, ACQUISITIONS, AND TAKEOVERS. (a) Repeal of Defense Production Act Provision.--Section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) is repealed. (b) Transfer to Homeland Security.--Title II of the Homeland Security Act of 2002 (6U.S.C. 121 et seq.) is amended by adding at the end the following: Subtitle E--Review of Mergers, Acquisitions, and Takeovers by Foreign Entities ``SEC. 241. AUTHORITY TO REVIEW CERTAIN MERGERS, ACQUISITIONS, AND TAKEOVERS. ``(a) Review and Investigation.-- ``(1) In general.--The President or the President's designee may undertake an investigation to determine the effects on national security or homeland security of mergers, acquisitions, and takeovers proposed or pending on or after the date of enactment of this section by or with foreign persons which could result in foreign control of persons engaged in interstate commerce in the United States. ``(2) Review.--For purposes of determining whether to undertake an investigation under this subsection, the President or the President's designee shall conduct a review of the proposed or pending merger, acquisition, or takeover, which review shall be completed not later than 30 days after the date of receipt by the President or the President's designee of written notification of the proposed or pending merger, acquisition, or takeover. ``(3) Timing.--If it is determined that an investigation should be undertaken under this subsection, such investigation-- ``(A) shall commence at such time as the determination is made under paragraph (2), and not later than 30 days after the date of receipt by the President or the President's designee of written notification of the proposed or pending merger, acquisition, or takeover, as prescribed by regulations promulgated pursuant to this section; and ``(B) shall be completed not later than 45 days after the date of its commencement. ``(4) Intelligence assessment reports.--With respect to any investigation undertaken under this subsection, the Director of National Intelligence shall create a report that consolidates the intelligence findings, assessments, and concerns of each of the relevant members of the intelligence community. Such report shall be considered as part of the investigation, provided to all members of the Committee, and included as part of any recommendation to the President. ``(b) Mandatory Investigations.-- ``(1) In general.--The President or the President's designee shall undertake an investigation, as described in subsection (a)(1), in any instance in which an entity controlled by or acting on behalf of a foreign government seeks to engage in any merger, acquisition, or takeover which would result in control of a person engaged in interstate commerce in the United States. ``(2) Timing.--An investigation undertaken under this subsection-- ``(A) shall commence not later than 30 days after the date of receipt by the President or the President's designee of written notification of the proposed or pending merger, acquisition, or takeover, as prescribed by regulations promulgated pursuant to this section; and ``(B) shall be completed not later than 45 days after the date of its commencement. ``(c) Committee for Secure Commerce.-- ``(1) Establishment.--There is established the Committee for Secure Commerce, which shall serve as the President's designee for purposes of this section. ``(2) Chairperson.--The Secretary, or the designee thereof, shall serve as the chairperson of the Committee. ``(3) Vice chairs.--The Secretary of Defense, or the designee thereof, and the Secretary of the Treasury, or the designee thereof, shall serve as vice chairs of the Committee. ``(4) Membership.--The standing members of the Committee shall-- ``(A) be made up of the heads of those executive departments, agencies, and offices as the President determines appropriate; and ``(B) include the Director of National Intelligence. ``(5) Assistance from other federal sources.--The chairperson of the Committee may seek information and assistance from any other department, agency, or office of the Federal Government, and such department, agency, or office shall provide such information or assistance, as the chairperson determines necessary or appropriate to carry out the duties of the Committee under this section. ``(6) Review process; documentation.-- ``(A) Committee review process.--The chairperson of the Committee shall establish written processes and procedures to be used by the Committee in conducting reviews and investigations under this section in any case in which the Committee is acting as the President's designee, including a description of the role and responsibilities of each of the member departments, agencies, and offices in the investigation of foreign investment in the United States. ``(B) Departmental review process.--The head of each department, agency, or office that serves as a member of the Committee shall establish written internal processes and procedures to be used by the department, agency, or office in conducting reviews and investigations under this section, and shall provide such written procedures to the Committee. ``(7) Independent agency reviews required.--In any case in which the Committee is acting as the President's designee under this section, each member of the Committee shall conduct, within the department, agency, or office of that member, an independent review of each proposed merger, acquisition, or takeover described in subsection (a) or (b), and shall timely provide to the Committee written findings relating to each such review. ``(8) Determinations not to conduct an investigation.--A determination by the Committee not to conduct an investigation under subsection (a) shall be made only after a review required by subsection (a)(2), and shall be unanimous. ``(d) Action by the President.-- ``(1) In general.--Subject to subsection (e), the President may take such action for such time as the President considers appropriate to suspend or prohibit any acquisition, merger, or takeover of a person engaged in interstate commerce in the United States proposed or pending on or after the date of enactment of this section, by or with a foreign person so that such control will not threaten to impair the national security or homeland security. ``(2) Announcement by the president.--The President shall announce the decision to take action pursuant to this subsection not later than 15 days after the investigation described in subsection (a) is completed. The President may direct the Attorney General to seek appropriate relief, including divestment relief, in the district courts of the United States in order to implement and enforce this section. ``(e) Findings of the President.--The President may exercise the authority conferred by subsection (d) only if the President finds that-- ``(1) there is credible evidence that leads the President to believe that the foreign interest exercising control might take action that threatens to impair the national security or homeland security; and ``(2) provisions of law, other than this section and the International Emergency Economic Powers Act, do not, in the judgment of the President, provide adequate and appropriate authority for the President to protect the national security or homeland security in the matter before the President. ``(f) Actions and Findings Nonreviewable.--The actions of the President under subsection (d) and the findings of the President under subsection (e) shall not be subject to judicial review. ``(g) Factors to Be Considered.--For purposes of this section, the President or the President's designee shall, taking into account the requirements of national security and homeland security, consider among other factors-- ``(1) critical infrastructure, the control of which is important to homeland security; ``(2) domestic production needed for projected national defense and homeland security requirements; ``(3) the capability and capacity of domestic industries to meet national defense requirements, including the availability of human resources, products, technology, materials, and other supplies and services; ``(4) the control of domestic industries and commercial activity by foreign citizens as it affects the capability and capacity of the United States to meet the requirements of national security or homeland security; ``(5) the potential effects of the proposed or pending transaction on sales of military goods, equipment, or technology to any country-- ``(A) identified by the Secretary of State-- ``(i) under section 6(j) of the Export Administration Act of 1979, as a country that supports terrorism; ``(ii) under section 6(l) of the Export Administration Act of 1979, as a country of concern regarding missile proliferation; or ``(iii) under section 6(m) of the Export Administration Act of 1979, as a country of concern regarding the proliferation of chemical and biological weapons; or ``(B) listed under section 309(c) of the Nuclear Non-Proliferation Act of 1978, on the `Nuclear Non- Proliferation-Special Country List' (15 C.F.R. Part 778, Supplement No. 4) or any successor list; and ``(6) the potential effects of the proposed or pending transaction on United States international technological leadership in areas affecting United States national security or homeland security. ``(h) Confidentiality of Information.--Any information or documentary material filed with the President or the President's designee pursuant to this section shall be exempt from disclosure under section 552 of title 5, United States Code, and no such information or documentary material may be made public, except as may be relevant to any administrative or judicial action or proceeding. Nothing in this subsection shall be construed to prevent disclosure to either House of Congress or to any duly authorized committee or subcommittee of Congress. ``(i) Reports to Congress.-- ``(1) Reports on investigation.--The President, or the President's designee, shall immediately upon completion of an investigation under subsection (a) or (b) transmit to the members of Congress specified in paragraph (3) a written report of the results of the investigation, before any determination by the President on whether or not to take action under subsection (d), including a detailed explanation of the findings made under subsection (e), details of any legally binding assurances provided by the foreign entity that were negotiated as a condition for approval, and the factors considered under subsection (g). Such report shall be prepared in a manner that is consistent with the requirements of subsection (h). ``(2) Quarterly submissions.--The President, or the President's designee, shall transmit to the members of the Congress specified in paragraph (3) on a quarterly basis, a detailed summary and analysis of each merger, acquisition, or takeover that is being reviewed, was reviewed during the preceding 90-day period, or is likely to be reviewed in the coming quarter by the President or the Committee under subsection (a) or (b). Each such summary and analysis shall be submitted in unclassified form, with classified annexes, as the Secretary determines are required to protect company proprietary information and other sensitive information. Each such summary and analysis shall include an appendix detailing dissenting views. ``(3) Members of congress.--The reports required by this subsection shall be transmitted to-- ``(A) the Majority Leader and the Minority Leader of the Senate; ``(B) the chairs and ranking members of the Committee on Homeland Security and Government Affairs, the Committee on Armed Services, and the Committee on Banking, Housing, and Urban Affairs of the Senate; ``(C) the Speaker and the Minority Leader of the House of Representatives; and ``(D) the chairs and ranking members of the Committee on Homeland Security, the Committee on Armed Services, and the Committee on Financial Services of the House of Representatives. ``(j) Regulations.--The Secretary shall issue regulations to carry out this section. Such regulations shall, to the extent possible, minimize paperwork burdens and shall to the extent possible coordinate reporting requirements under this section with reporting requirements under any other provision of Federal law. ``(k) Effect on Other Law.--Nothing in this section shall be construed to alter or affect any existing power, process, regulation, investigation, enforcement measure, or review provided by any other provision of law. ``(l) Technology Risk Assessments.--In any case in which an assessment of the risk of diversion of a critical technology is performed by a person designated by the President for such purpose, a copy of such assessment shall be provided to each member of the Committee for purposes of reviewing or investigating a merger, acquisition, or takeover under this section. ``(m) Quadrennial Report.-- ``(1) In general.--In order to assist the Congress in its oversight responsibilities with respect to this section, the President and such agencies as the President shall designate shall complete and furnish to the Congress, not later than 1 year after the date of enactment of this section and every 4 years thereafter, a report which-- ``(A) evaluates whether there is credible evidence of a coordinated strategy by 1 or more countries or companies to acquire critical infrastructure within the United States or United States companies involved in research, development, or production of critical technologies for which the United States is a leading producer; and ``(B) evaluates whether there are industrial espionage activities directed or directly assisted by foreign governments against private United States companies aimed at obtaining commercial secrets related to critical technologies or critical infrastructure. ``(2) Release of unclassified study.--The report required by this subsection may be classified. An unclassified version of the report shall be made available to the public. ``(n) Exemption.--Notwithstanding any other provision of law, the provisions of section 872 do not apply to the Committee or with respect to any provision of this subtitle. ``(o) Definitions.--As used in this section-- ``(1) the term `critical technologies' means technologies identified under title VI of the National Science and Technology Policy, Organization, and Priorities Act of 1976, or other critical technology, critical components, or critical technology items essential to national defense identified pursuant to this section; ``(2) the term `Committee' means the Committee for Secure Commerce, established under subsection (c); ``(3) the term `foreign person' means any foreign organization or any individual resident in a foreign country or any organization or individual owned or controlled by such an organization or individual; and ``(4) the term `intelligence community' has the same meaning as in section 3 of the National Security Act of 1947 (50 U.S.C. 401a).''.

Amends the Defense Production Act of 1950 to repeal provisions concerning presidential authority to review certain proposed mergers, acquisitions, or takeovers (transactions) of U.S. entities by foreign entities. Amends the Homeland Security Act of 2002 to authorize the President (or his designee) to undertake an investigation to determine the effects on national or homeland security of transactions which could result in foreign control of persons engaged in interstate commerce in the United States. Requires the President to first conduct a review of the proposed transaction to determine whether an investigation is warranted. Requires, with respect to any investigation conducted, the Director of National Intelligence to create a report consolidating the intelligence findings, assessments, and concerns of each of the relevant members of the intelligence community. Requires the President to conduct a mandatory investigation in any instance in which an entity controlled by or acting on behalf of a foreign government seeks to engage in any transaction which would result in control of a person engaged in interstate commerce in the United States. Establishes the Committee for Secure Commerce to act as the President's designee in the conduct of such investigations. Authorizes the President to suspend or prohibit a transaction if he finds that: (1) there is credible evidence to believe that the foreign interest exercising control might take action that threatens the national or homeland security; and (2) provisions of law other than the Homeland Security Act of 2002 and the International Emergency Economic Powers Act do not provide adequate and appropriate authority to protect the national or homeland security. States that the President's actions and findings shall not be subject to judicial review. Requires reports from the President to Congress: (1) each time an investigation is completed; and (2) quarterly on each transaction being reviewed.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Farm Animal Identification and Records Act''. SEC. 2. NATIONWIDE LIVESTOCK IDENTIFICATION SYSTEM. The Animal Health Protection Act is amended by inserting after section 10409 (7 U.S.C. 8308) the following new section: ``SEC. 10409A. NATIONWIDE LIVESTOCK IDENTIFICATION SYSTEM. ``(a) System Required.--Not later than 90 days after the date of the enactment of the National Farm Animal Identification and Records Act, the Secretary shall establish an electronic nationwide livestock identification system to require the identification of livestock to enhance the speed and accuracy of the response of the Department of Agriculture to outbreaks of disease in livestock. Because livestock diseases are not constrained by State boundaries, the livestock identification system shall apply to all livestock born in the United States or imported and cover the movement of livestock in both interstate commerce and intrastate commerce. ``(b) Capabilities.--The livestock identification system shall be capable of tracing, within 48 hours, livestock from birth to slaughter. ``(c) Participation by States.--The Secretary shall use the authority provided by section 10411(a) to cooperate with States to secure information for inclusion in the livestock identification system. Subject to subsection (f), the Secretary shall provide States with access to the livestock identification system. ``(d) Use of Existing Technology.--The Secretary may use technology developed by private entities before the date of the enactment of the National Farm Animal Identification and Records Act to operate the livestock identification system. ``(e) Financial Assistance.--To the extent funds are made available pursuant to subsection (g) to carry out this subsection, the Secretary shall provide financial assistance to producers to assist the producers in complying with the requirements of the livestock identification system. In providing such assistance, the Secretary shall ensure that producers with smaller livestock operations are not placed at a financial disadvantage in complying with such requirements. ``(f) Release of Animal Identification Numbering Information.-- ``(1) Freedom of information act.--Information obtained through the livestock identification system is exempt from disclosure under section 552 of title 5, United States Code. ``(2) Character of livestock identification system information.--Except as provided in paragraphs (3) and (4), information obtained through the livestock identification system-- ``(A) may not be released; ``(B) shall not be considered information in the public domain; and ``(C) shall be considered commercial information that is privileged and confidential. ``(3) Limited release of information authorized.-- Notwithstanding paragraph (2), the Secretary may release information obtained through the livestock identification system regarding particular livestock if-- ``(A) the information involves livestock threatened by disease or pest; ``(B) the release of the information is related to actions the Secretary may take under this subtitle; and ``(C) the person obtaining the information needs the information for reasons consistent with the public health and public safety purposes of the livestock identification system, as determined by the Secretary. ``(4) Limited release of information required.-- Notwithstanding paragraph (2), the Secretary shall release information obtained through the livestock identification system regarding particular livestock-- ``(A) to the person who owns or controls the livestock, if the person requests such information; ``(B) to the Attorney General for the purpose of law enforcement; ``(C) to the Secretary of Homeland Security for the purpose of national security; ``(D) to a court of competent jurisdiction; and ``(E) to the government of a foreign country, if release of the information is necessary to trace livestock threatened by disease or pest, as determined by the Secretary. ``(5) Conflict of law.--If the information disclosure limitations or requirements of this subsection conflict with information disclosure limitations or requirements of a State law-- ``(A) this subsection shall take precedence over the State law, if the conflict involves interstate or international commerce; and ``(B) the State law shall take precedence over this subsection, if the conflict involves intrastate commerce in that State. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $175,000,000 to carry out this section.''. SEC. 3. REVIEW OF DEPARTMENT OF AGRICULTURE RESPONSES TO OUTBREAKS OF DISEASE IN LIVESTOCK. Section 10411 of the Animal Health Protection Act (7 U.S.C. 8310) is amended by adding at the end the following new subsection: ``(f) Review of Responses to Outbreaks of Disease.--The Secretary may appoint an international panel of scientific experts to provide an objective review of a response by the Department of Agriculture to an outbreak of disease in livestock and to identify areas for improvements in such responses.''.

National Farm Animal Identification and Records Act - Amends the Animal Health Protection Act to direct the Secretary of Agriculture to establish an electronic nationwide livestock identification system to enhance the Department of Agriculture's response to outbreaks of livestock disease. Requires that such system: (1) be capable of tracing, within 48 hours, livestock from birth to slaughter; (2) provide for access by States and inclusion of State information; and (3) apply to all livestock born or imported into the United Sates, and to interstate and intrastate commerce. Exempts, with specified exceptions, system information from disclosure under the Freedom of Information Act or other release into the public domain. Authorizes the Secretary to: (1) provide producer participation assistance; and (2) appoint an international panel of scientific experts to review the Department's response to an outbreak of livestock disease.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vietnam Veterans Children's Disability Act''. SEC. 2. AUTHORITY TO PROVIDE BENEFITS FOR CHILDREN OF VIETNAM VETERANS WITH CERTAIN DISEASES ASSOCIATED WITH PARENTAL EXPOSURE TO HERBICIDE AGENTS. (a) Amendments to New Chapter 18.--The amendments made by this section are made to chapter 18 of title 38, United States Code, as amended by section 401 of the Veterans Benefits and Health Care Improvement Act of 2000 (Public Law 106-419; 114 Stat. 1857), and take effect on-- (1) December 1, 2001 (the effective date of those amendments); or (2) if later, the date of the enactment of this Act. (b) Benefits for Certain Children.--(1) Chapter 18 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER IV--CHILDREN OF VIETNAM VETERANS WITH DISEASES ASSOCIATED WITH PARENTAL EXPOSURE TO HERBICIDE AGENTS ``Sec. 1831. Definitions In this subchapter: ``(1) The term `eligible child' means an individual, regardless of age or marital status, who-- ``(A) is the natural child of-- ``(i) a Vietnam veteran; or ``(ii) a veteran other than a Vietnam veteran who, as determined under regulations prescribed by the Secretary, was exposed before the child was conceived to herbicides during active military, naval, or air service; and ``(B) has one or more covered diseases. ``(2) The term `covered disease' means a disease identified by the Secretary under section 1832 of this title. ``Sec. 1832. Covered diseases ``(a) Identification.--The Secretary shall by regulation identify diseases occurring in children that have a positive association with parental exposure to an herbicide agent before the date on which the child was conceived. ``(b) Diseases To Be Included.--The Secretary shall include acute myelogenous leukemia in the diseases identified under subsection (a). ``Sec. 1833. Health care ``(a) Needed Care.--The Secretary shall provide an eligible child such health care as the Secretary determines is needed by the child for that child's covered diseases or any disability that is associated with those diseases. ``(b) Authority for Care To Be Provided Directly or by Contract.-- The Secretary may provide health care under this section directly or by contract or other arrangement with a health care provider. ``(c) Definitions.--For purposes of this section, the definitions in section 1803(c) of this title shall apply with respect to the provision of health care under this section, except that for such purposes-- ``(1) the reference to `specialized spina bifida clinic' in paragraph (2) of that section shall be treated as a reference to a specialized clinic treating the disease concerned under this section; and ``(2) the reference to `vocational training under section 1804 of this title' in paragraph (8) of that section shall be treated as a reference to vocational training under section 1834 of this title. ``Sec. 1834. Vocational training ``(a) Authority.--The Secretary may provide a program of vocational training to an eligible child if the Secretary determines that the achievement of a vocational goal by the child is reasonably feasible. ``(b) Applicable Provisions.--Subsections (b) through (e) of section 1804 of this title shall apply with respect to any program of vocational training provided under subsection (a). ``Sec. 1835. Monetary allowance ``(a) Monetary Allowance.--The Secretary shall pay a monthly allowance to an eligible child for any disability resulting from a covered disease. ``(b) Schedule for Rating Disabilities.--(1) The amount of the monthly allowance paid under this section shall be based on the degree of disability suffered by the child concerned, as determined in accordance with a schedule for rating disabilities resulting from covered diseases that is prescribed by the Secretary. ``(2) In prescribing a schedule for rating disabilities for the purposes of this section, the Secretary shall establish the levels of disability upon which the amount of the allowance provided by this section shall be based. The levels of disability established may take into account functional limitations, including limitations on cognition, communication, motor abilities, activities of daily living, and employability. ``(c) Amount of Monthly Allowance.--(1) The Secretary shall prescribe the amount of the monthly allowance paid under this section for each level of disability established in the schedule of rating disabilities prescribed under subsection (b), except that an allowance under this section-- ``(A) may not be less than the amount in effect under section 1815(c)(1) of this title; and ``(B) may not be greater than the amount in effect under section 1815(c)(4) of this title. ``(2)(A) Benefits under this subchapter may be discontinued six months after the child has recovered fully from the disability. ``(B) For purposes of this paragraph, the term `fully recovered from the disability' means that no signs or symptoms of disability are present and no treatment for the disability is warranted. ``(3) Benefits under this subchapter may be paid for any secondary disability which results from any disability associated with exposure to a herbicide or any disability resulting from treatment for such disability. ``(d) Indexing to Social Security Benefit Increases.--Amounts paid under subsection (c) shall be subject to adjustment from time to time under section 5312 of this title.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following: ``subchapter iv--children of vietnam veterans with diseases associated with parental exposure to herbicide agents ``1831. Definitions. ``1832. Covered diseases. ``1833. Health care. ``1834. Vocational training. ``1835. Monetary allowance.''. (c) Definition of Vietnam Veteran.--Section 1821(3)(A) of such title is amended by striking ``subchapter I'' and inserting ``subchapters I and IV''.

Vietnam Veterans Children's Disability Act - Directs the Secretary of Veterans Affairs to: (1) identify diseases occurring in children of Vietnam veterans or other veterans that have a positive association with parental exposure to an herbicide agent before the date of conception; (2) include myelogenous leukemia among such diseases; (3) provide needed health care for such children's covered diseases or any associated disabilities; and (4) pay a monthly allowance to such children for any disability resulting from a covered disease, to be based on the degree of disability.Authorizes the Secretary to provide vocational training to such children if the achievement of a vocational goal is reasonably feasible.

SECTION 1. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON SERVICE DOG TRAINING. (a) Pilot Program Required.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a pilot program to assess the feasibility and advisability of using service dog training activities as components of integrated post- deployment mental health and post-traumatic stress disorder rehabilitation programs at Department of Veterans Affairs medical centers-- (1) to positively affect veterans with post-deployment mental health conditions or post-traumatic stress disorder symptoms; and (2) to produce specially trained service dogs for veterans. (b) Duration.--The Secretary shall carry out the pilot program during the three-year period beginning on the date of the commencement of the pilot program. (c) Location.-- (1) In general.--The pilot program shall be carried out at one Department of Veterans Affairs medical center selected by the Secretary for such purpose other than in the Department of Veterans Affairs Palo Alto health care system in Palo Alto, California. In selecting medical centers for the pilot program, the Secretary shall-- (A) ensure that the medical center selected-- (i) has an established mental health rehabilitation program that includes a clinical focus on rehabilitation treatment of post- deployment mental health disorder and post- traumatic stress disorder; and (ii) has a demonstrated capability and capacity to incorporate service dog training activities into the rehabilitation program; and (B) shall review and consider using recommendations published by experienced service dog trainers regulations in the art and science of basic third-party dog training and owner-training dogs with regard to space, equipment, and methodologies. (2) Participation of rural veterans.--In selecting a medical center for the pilot program required under subsection (a), the Secretary shall give special consideration to Department of Veterans Affairs medical centers that are located in States that the Secretary considers rural or highly rural. (d) Design of Pilot Program.--In carrying out the pilot program, the Secretary shall-- (1) administer the program through the Department of Veterans Affairs Patient Care Services Office as a collaborative effort between the Rehabilitation Office and the Office of Mental Health Services; (2) ensure that the national pilot program lead of the Patient Care Services Office has sufficient administrative experience to oversee the pilot program site; (3) ensure that dogs selected are healthy and age- and temperament-appropriate for use in the pilot program; (4) consider dogs residing in animal shelters or foster homes for participation in the program if such dogs meet the service dog candidate selection under this subsection; (5) ensure that each dog selected for the pilot program-- (A) is taught all basic commands and behaviors; (B) undergoes public access training; and (C) receives training specifically tailored to address the mental health conditions or disabilities of the veteran with whom the dog is paired; (6) provide professional support for all training under the pilot program; and (7) provide or refer participants to business courses for managing a service dog training business. (e) Veteran Participation.--Veterans diagnosed with post-traumatic stress disorder or another post-deployment mental health condition may volunteer to participate in the pilot program. (f) Hiring Preference.--In hiring service dog training instructors for the pilot program, the Secretary shall give a preference to veterans who have a post-traumatic stress disorder or other mental health condition. (g) Collection of Data.-- (1) In general.--The Secretary shall collect data on the pilot program to determine the effectiveness of the pilot program in positively affecting veterans with post-traumatic stress disorder or other post-deployment mental health condition symptoms and the feasibility and advisability of expanding the pilot program to additional Department of Veterans Affairs medical centers. (2) Manner of collection.--Data described in paragraph (1) shall be collected and analyzed using a scientific peer- reviewed system, valid and reliable results-based research methodologies, and instruments. (h) Reports.-- (1) Annual reports.-- (A) In general.--Not later than one year after the date of the commencement of the pilot program and annually thereafter for the duration of the pilot program, the Secretary shall submit to Congress a report on the pilot program. (B) Elements.--Each such report required by subparagraph (A) shall include the following: (i) The number of veterans participating in the pilot program. (ii) A description of the services carried out by the Secretary under the pilot program. (iii) The effects that participating in the pilot program has on veterans with post- traumatic stress disorder and post-deployment adjustment symptoms. (2) Final report.--At the conclusion of the pilot program, the Secretary shall submit to Congress a final report that includes recommendations with respect to the feasibility and advisability of extending or expanding the pilot program.

Directs the Secretary of Veterans Affairs to commence a three-year pilot program to assess the feasibility and advisability of using service dog training activities as components of integrated post-deployment mental health and post-traumatic stress disorder (PTSD) rehabilitation programs at Department of Veterans Affairs (VA) medical centers to positively affect veterans with such symptoms and to produce specially trained service dogs for veterans. Requires the pilot program to be carried out at one VA medical center selected by the Secretary other than the VA health care system in Palo Alto, California. Makes veteran participation voluntary. Requires the Secretary to: (1) collect program data to determine its effectiveness, as well as the advisability of expanding the program to additional VA medical centers; and (2) report annually to Congress for the duration of the pilot program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Low Income Housing Tax Credit Recovery Act of 2010''. SEC. 2. FIVE-YEAR CARRYBACK OF LOW-INCOME HOUSING CREDIT. (a) In General.--Subsection (a) of section 39 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) 5-year carryback of low-income housing credit.-- ``(A) In general.--In the case of an applicable low-income housing credit (within the meaning of section 38(c)(6)(C))-- ``(i) this section shall be applied separately from the business credit (other than the low-income housing credit), and ``(ii) paragraph (1) shall be applied by substituting `each of the 5 taxable years' for `the taxable year' in subparagraph (A) thereof.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007, and to carrybacks of credits from such taxable years. SEC. 3. CARRYBACK OF NEW INVESTMENTS. (a) In General.--Section 42(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Special rule for certain investments in 2010 and 2011.-- ``(A) In general.--In the case of a taxpayer who enters into an agreement described in section 38(c)(6)(D)(i)(I) (without regard to the applicable date), which satisfies the requirement of section 38(c)(6)(D)(i)(II), after December 31, 2009, and before January 1, 2012, then solely for purposes of determining the taxable year in which the low-income housing credit under this section may be taken into account for purposes of section 38, and the amount of the credit so taken into account-- ``(i) the preceding paragraphs of this subsection shall not apply, ``(ii) the credit period with respect to the housing credit dollar amount to be allocated under such agreement shall be the 1 taxable year in which the taxpayer enters into such agreement, ``(iii) subsections (b) and (c)(1) shall not apply, and ``(iv) the amount of the credit under this section which is taken into account in the taxable year described in clause (ii) shall be the housing credit dollar amount to be allocated under such agreement. ``(B) Requirements of section unaffected.--Except as provided in subparagraph (A), the provisions of this section shall apply to any building to which an agreement described in subparagraph (A) applies as if such subparagraph had not been enacted. ``(C) Recapture of excess credit.--If, at the end of the credit period with respect to any building (without regard to subparagraph (A)), the amount of the credit taken into account under subparagraph (A)(iv) with respect to such building exceeds the total amount of the credit which would have been allowed under this section with respect to such building during such credit period but for the application of subparagraph (A), then the amount of such excess shall be recaptured as if it were included in the credit recapture amount under subsection (j).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 4. ALLOWING LOW-INCOME HOUSING CREDITS TO OFFSET 100 PERCENT OF FEDERAL INCOME TAX LIABILITY. (a) In General.--Subsection (c) of section 38 is amended by adding at the end the following new paragraph: ``(6) Allowing low-income housing credit to offset 100 percent of federal income tax liability.-- ``(A) In general.--In the case of applicable low- income housing credits-- ``(i) this section shall be applied separately with respect to such credits, ``(ii) in applying paragraph (1) to such credits-- ``(I) the tentative minimum tax shall be treated as being zero, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be the net income tax (as defined in paragraph (1)) reduced by the credit allowed under subsection (a) for the taxable year (other than the applicable low-income housing credits), and ``(iii) the excess credit for such taxable year shall, solely for purposes of determining the amount of such excess credit which may be carried back to a preceding taxable year, be increased by the amount of business credit carryforwards which are carried to such taxable year, to which this subparagraph applies, and which are not allowed for such taxable year by reason of the limitation under paragraph (1) (as modified by clause (ii)). ``(B) Increase in limitation for taxable years to which excess applicable low-income housing credits are carried back.-- ``(i) In general.--Solely for purposes of determining the portion of any excess credit described in subparagraph (A)(iii) for which credit will be allowed under subsection (a)(3) for any preceding taxable year, except as provided in clause (ii), the limitation under paragraph (1) for such preceding taxable year shall be determined under rules similar to the rules described in subparagraph (A). ``(ii) Ordering rule.--If the excess credit described in subparagraph (A)(iii) includes business credit carryforwards from preceding taxable years, such excess credit shall be treated as allowed for any preceding taxable year on a first-in first-out basis. ``(C) Applicable low-income housing credits.--For purposes of this subpart, the term `applicable low- income housing credits' means the credit determined under section 42-- ``(i) to the extent attributable to buildings placed in service after the date of the enactment of this subparagraph, and ``(ii) in the case of any other buildings, for taxable years beginning in 2008, 2009, and 2010 (and to business credit carryforwards with respect to such buildings carried to such taxable years) to the extent provided in subparagraph (D). ``(D) Previously placed in service buildings.-- ``(i) In general.--Subparagraph (C)(ii) shall apply to such credits for such a taxable year only-- ``(I) if the taxpayer has entered into a binding commitment to invest equity not later than the applicable date, with respect to an investment in a future project (which is binding on the taxpayer and all successors in interest) which specifies the dollar amount of such investment, and ``(II) to the extent such credits do not exceed the dollar amount of such proposed investment. ``(ii) Applicable date.--For purposes of this subparagraph, the applicable date is-- ``(I) in the case of taxable years beginning in 2008 and 2009, September 15, 2010, or ``(II) in the case of a taxable year beginning in 2010, the due date (including extensions of time) for filing the taxpayer's return for such taxable year.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007, and to carrybacks of credits from such taxable years.

Low Income Housing Tax Credit Recovery Act of 2010 - Amends the Internal Revenue Code, with respect to the low-income housing tax credit, to allow: (1) a five-year carryback period for unused tax credit amounts; (2) an extended carryback period for new investments in housing in 2010 and 2011; and (3) a full offset of such credit against regular income tax liability.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Verifying Electronically the Receipt of In-Home Care For Individuals Act'' or the ``VERIFI Act''. SEC. 2. REQUIREMENT THAT MEDICARE HOME HEALTH AGENCIES HAVE IN PLACE AN ELECTRONIC VISIT VERIFICATION SYSTEM. (a) Condition of Participation.--Section 1891(a) of the Social Security Act (42 U.S.C. 1395bbb(a)) is amended by adding at the end the following new paragraph: ``(7)(A) In the case of home health services furnished on or after January 1, 2018, the agency has in place an electronic visit verification system that meets standards established by the Secretary. ``(B) In this paragraph, the term `electronic visit verification system' means a system under which visits conducted as part of home health services furnished by a home health agency are electronically verified by the agency with respect to-- ``(i) the type of service performed; ``(ii) the individual receiving the service; ``(iii) the date of the service; ``(iv) the location of the service is furnished; ``(v) the individual furnishing the service; and ``(vi) the time the service begins and ends. ``(C) By not later than July 1, 2017, the Secretary shall establish standards for electronic visit verification systems. In establishing such standards, the Secretary shall consult with home health agencies to ensure that such standards-- ``(i) are minimally burdensome; ``(ii) take into account existing best practices and electronic visit verification systems in use; and ``(iii) require that the systems are conducted in accordance with the requirements of HIPAA privacy and security law (as defined in section 3009 of the Public Health Service Act).''. (b) Rules of Construction.-- (1) No employer-employee relationship established.--Nothing in the amendment made by this section may be construed as establishing an employer-employee relationship between the home health agency and the individuals who, under a contract with such an agency, furnish such services for purposes of part 552 of title 29, Code of Federal Regulations (or any successor regulations). (2) No particular or uniform electronic visit verification system required.--Nothing in the amendment made by this section shall be construed to require the use of a particular or uniform electronic visit verification system (as defined in paragraph (7)(B) of section 1891(a) of the Social Security Act (42 U.S.C. 1395bbb(a)), as added by subsection (a)) by all agencies that furnish home health services under title XVIII of such Act. (3) No limits on provision of care.--Nothing in the amendment made by this section may be construed to limit, with respect to home health services furnished under title XVIII of the Social Security Act, provider selection, constrain beneficiaries' selection of a caregiver, or impede the manner in which care is furnished. SEC. 3. ELECTRONIC VISIT VERIFICATION SYSTEM REQUIRED FOR PERSONAL CARE SERVICES AND HOME HEALTH CARE SERVICES UNDER MEDICAID. (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by inserting after subsection (k) the following new subsection: ``(l)(1) Subject to paragraph (3), with respect to any amount expended for medical assistance for personal care services or home health care services provided under a State plan under this title (or under a waiver of the plan) furnished in a calendar quarter beginning on or after January 1, 2019, unless a State requires the use of an electronic visit verification system for both personal care services and home health care services furnished in such quarter under the plan or such waiver, the Federal medical assistance percentage shall be reduced-- ``(A) for calendar quarters in 2019 and 2020, by .25 percentage points; ``(B) for calendar quarters in 2021, by .5 percentage points; ``(C) for calendar quarters in 2022, by .75 percentage points; and ``(D) for calendar quarters in 2023 and each year thereafter, by 1 percentage point. ``(2) Subject to paragraph (3), in implementing the requirement for the use of an electronic visit verification system under paragraph (1), a State shall consult with agencies and entities that provide personal care services, home health care services, or both under the State plan (or under a waiver of the plan) to ensure that such system-- ``(A) is minimally burdensome; ``(B) takes into account existing best practices and electronic visit verification systems in use in the State; and ``(C) is conducted in accordance with the requirements of HIPAA privacy and security law (as defined in section 3009 of the Public Health Service Act). ``(3) Paragraphs (1) and (2) shall not apply in the case of a State that, as of the date of the enactment of this subsection, requires the use of any system for the electronic verification of visits conducted as part of both personal care services or home health care services. ``(4) In this subsection: ``(A) The term `electronic visit verification system' means, with respect to personal care services or home health care services, a system under which visits conducted as part of such services are electronically verified with respect to-- ``(i) the type of service performed; ``(ii) the individual receiving the service; ``(iii) the date of the service; ``(iv) the location of service delivery; ``(v) the individual providing the service; and ``(vi) the time the service begins and ends. ``(B) The term `home health care services' means services described in section 1905(a)(7) provided under a State plan under this title (or under a waiver of the plan). ``(C) The term `personal care services' means personal care services provided under a State plan under this title (or under a waiver of the plan), including services provided under section 1905(a)(24), 1915(c), 1915(i), 1915(j), or 1915(k) or under a waiver under section 1115.''. (b) Rules of Construction.-- (1) No employer-employee relationship established.--Nothing in the amendment made by this section may be construed as establishing an employer-employee relationship between the agency or entity that provides for personal care services or home health care services and the individuals who, under a contract with such an agency or entity, furnish such services for purposes of part 552 of title 29, Code of Federal Regulations (or any successor regulations). (2) No particular or uniform electronic visit verification system required.--Nothing in the amendment made by this section shall be construed to require the use of a particular or uniform electronic visit verification system (as defined in subsection (l)(4) of section 1903 of the Social Security Act (42 U.S.C. 1396b), as inserted by subsection (a)) by all agencies or entities that provide personal care services or home health care services under a State plan under title XIX of the Social Security Act (or under a waiver of the plan). (3) No limits on provision of care.--Nothing in the amendment made by this section may be construed to limit, with respect to personal care services or home health care services provided under a State plan under title XIX of the Social Security Act (or under a waiver of the plan), provider selection, constrain beneficiaries' selection of a caregiver, or impede the manner in which care is delivered.

Verifying Electronically the Receipt of In-Home Care For Individuals Act or the VERIFI Act This bill amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require the use of electronic visit verification systems for certain services under the Medicare and Medicaid programs. An "electronic visit verification system" is a system under which care-related visits are electronically verified with regard to: (1) the type and date of service, (2) the individual receiving the service, (3) the individual providing the service, (4) the location of service delivery, and (5) the time the service begins and ends. With respect to the Medicare program, a home health agency must have such a system in place for home health services as a condition of participation. In the case of a state Medicaid program that does not require the use of such a system for both personal care services and home health services, the federal medical assistance percentage for medical assistance expended on such services shall be reduced beginning in 2019. These reductions increase incrementally from 0.25% to 1.00% through 2023. With respect to the Medicare program, the Centers for Medicare & Medicaid Services shall establish standards for the systems and must consult with agencies to ensure that such standards: (1) are minimally burdensome, (2) account for existing best practices and electronic visit verifications systems already in use, and (3) require that the systems are conducted in accordance with specified legal requirements related to privacy and security. In regard to a state Medicaid program, a state shall do the same.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Evidence-Based Policymaking Commission Act of 2014''. SEC. 2. ESTABLISHMENT. There is established in the executive branch a commission to be known as the ``Commission on Evidence-Based Policymaking'' (in this Act referred to as the ``Commission''). SEC. 3. MEMBERS OF THE COMMISSION. (a) Number and Appointment.--The Commission shall be comprised of 15 members as follows: (1) Three shall be appointed by the President, of whom-- (A) 1 shall be an academic researcher, data expert, or have experience in program administration; (B) 1 shall have expertise in database management, confidentiality, and privacy matters; and (C) 1 shall be the Director of the Office of Management and Budget (or the Director's designee). (2) Three shall be appointed by the Speaker of the House of Representatives, of whom-- (A) 2 shall be academic researchers, data experts, or have experience in program administration; and (B) 1 shall have expertise in database management, confidentiality, and privacy matters. (3) Three shall be appointed by the Minority Leader of the House of Representatives, of whom-- (A) 2 shall be academic researchers, data experts, or have experience in program administration; and (B) 1 shall have expertise in database management, confidentiality, and privacy matters. (4) Three shall be appointed by the Majority Leader of the Senate, of whom-- (A) 2 shall be academic researchers, data experts, or have experience in program administration; and (B) 1 shall have expertise in database management, confidentiality, and privacy matters. (5) Three shall be appointed by the Minority Leader of the Senate, of whom-- (A) 2 shall be academic researchers, data experts, or have experience in program administration; and (B) 1 shall have expertise in database management, confidentiality, and privacy matters. (b) Expertise.--In making appointments under this section, consideration should be given to individuals with expertise in economics, statistics, program evaluation, data security, confidentiality, or database management. (c) Chairperson and Co-Chairperson.--The President shall select the chairperson of the Commission and the Speaker of the House of Representatives shall select the co-chairperson. (d) Timing of Appointments.--Appointments to the Commission shall be made not later than 45 days after the date of enactment of this Act. (e) Terms; Vacancies.--Each member shall be appointed for the duration of the Commission. Any vacancy in the Commission shall not affect its powers, and shall be filled in the manner in which the original appointment was made. (f) Compensation.--Members of the Commission shall serve without pay. (g) Travel Expenses.--Each member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. SEC. 4. DUTIES OF THE COMMISSION. (a) Study of Data.--The Commission shall conduct a comprehensive study of the data inventory, data infrastructure, and statistical protocols related to Federal policymaking and the statistical and programmatic agencies responsible for maintaining that data to-- (1) determine the optimal arrangement for which administrative data on Federal programs and tax expenditures and related data series may be integrated and made available to facilitate program evaluation, policy-relevant research, and cost-benefit analyses by qualified researchers and institutions; (2) make recommendations on how data infrastructure and protocols should be modified to best fulfill the objectives identified in paragraph (1); and (3) make recommendations on how best to incorporate outcomes measurement, institutionalize randomized controlled trials, and rigorous impact analysis into program design. (b) Clearinghouse.--In undertaking the study required by subsection (a), the Commission shall consider if and how to create a clearinghouse for program and survey data, which shall include evaluation of-- (1) what administrative datasets that are relevant for program evaluation and Federal policy-making should be included in a potential clearinghouse; (2) which survey datasets the administrative datasets identified in paragraph (1) may be linked to, in addition to linkages across administrative data series; (3) what are the legal and administrative barriers to including or linking these data series; (4) what data-sharing infrastructure should be used to facilitate data merging and access for research purposes; (5) how a clearinghouse could be self-funded; (6) which types of qualified researchers, officials, and institutions should have access to data; (7) what limitations should be placed on the use of data provided; (8) how to protect information and ensure individual privacy and confidentiality; (9) how the data and results of research can be used to inform program administrators and policymakers to improve program design; and (10) what incentives may facilitate interagency sharing of information to improve programmatic effectiveness and enhance data accuracy and comprehensiveness. (c) Report.--Upon the affirmative vote of at least three-quarters of the members of the Commission, the Commission shall submit to the President and Congress a detailed statement of its findings and conclusions as a result of the study required by subsection (a), together with its recommendations for such legislation or administrative actions as the Commission considers appropriate in light of the results of the study. (d) Deadline.--The report under subsection (c) shall be submitted not later than the date that is 15 months after the date a majority of the members of the Commission are appointed pursuant to section 3. (e) Definition.--In this section, the term ``administrative data'' means information, in whatever form, generated or collected by an agency in carrying out a Federal program, including any customer service measure, efficiency measure, milestone, outcome measure, or performance indicator, as those terms are defined in section 1115(h) of title 31, United States Code. SEC. 5. OPERATION AND POWERS OF THE COMMISSION. (a) Administrative Assistance.--The heads of the following agencies shall advise and consult with the Commission on matters within their respective areas of responsibility: (1) The Office of Management and Budget. (2) The Bureau of the Census. (3) The Internal Revenue Service. (4) The Bureau of Economic Analysis. (5) The Bureau of Labor Statistics. (6) The Department of Health and Human Services. (7) The Department of Agriculture. (8) The Department of Housing and Urban Development. (9) The Social Security Administration. (10) The Department of Education. (11) The Department of Justice. (12) Any other agency, as determined by the Commission. (b) Meetings.--The Commission shall meet not later than 30 days after the date upon which a majority of its members have been appointed and at such times thereafter as the chairperson or co-chairperson shall determine. (c) Rules of Procedure.--The chairperson and co-chairperson shall, with the approval of a majority of the members of the Commission, establish written rules of procedure for the Commission, which shall include a quorum requirement to conduct the business of the Commission. (d) Hearings.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (e) Contracts.--Subject to the availability of appropriations, the Commission may contract with and compensate government and private agencies or persons for any purpose necessary to enable it to carry out this Act. (f) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (g) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (h) Census Bureau and NAPA.--Subject to the availability of appropriations, the Director of the Census shall contract with the National Academy of Public Administration to administer the Commission. (i) Funding.-- (1) In general.--Subject to the availability of appropriations, at the request of the Director of the Census, the principal statistical agencies shall provide funds, in a total amount not to exceed $2,000,000, to the Director for purposes of funding the operations of the Commission. (2) Definition.--In this subsection, the term ``principal statistical agency'' has the meaning given that term in the report, published by the Office of Management and Budget, entitled ``Statistical Programs of the United States Government, Fiscal Year 2014''. SEC. 6. PERSONNEL. (a) Director.--The Commission shall have a Director who shall be appointed by the chairperson with the concurrence of the co- chairperson. The Director shall be paid at a rate of pay established by the chairperson and co-chairperson, not to exceed the annual rate of basic pay payable for level V of the Executive Schedule (section 5316 of title 5, United States Code). (b) Staff.--The Director may appoint and fix the pay of additional staff as the Director considers appropriate. (c) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not to exceed the daily equivalent of the annual rate of basic pay for a comparable position paid under the General Schedule. SEC. 7. TERMINATION. The Commission shall terminate not later than 18 months after the date of enactment of this Act.

Evidence-Based Policymaking Commission Act of 2014 - Establishes in the executive branch a Commission on Evidence-Based Policymaking. Directs the Commission to conduct a comprehensive study of the data inventory, data infrastructure, and statistical protocols related to federal policymaking and the statistical and programmatic agencies responsible for maintaining that data to: determine the optimal arrangement for which administrative data on federal programs and tax expenditures and related data series may be integrated and made available to facilitate program evaluation, policy-relevant research, and cost-benefit analyses by qualified researchers and institutions; make recommendations on how data infrastructure and protocols should be modified to best fulfill those objectives; and make recommendations on how best to incorporate outcomes measurement, institutionalize randomized controlled trials, and rigorous impact analysis into program design. Requires the Commission to consider if and how to create a clearinghouse for program and survey data. Terminates the Commission not later than 18 months after enactment of this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Anti-Corruption and Good Governance Act of 2000''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Widespread corruption endangers the stability and security of societies, undermines democracy, and jeopardizes the social, political, and economic development of a society. (2) Corruption facilitates criminal activities, such as money laundering, hinders economic development, inflates the costs of doing business, and undermines the legitimacy of the government and public trust. (3) In January 1997 the United Nations General Assembly adopted a resolution urging member states to carefully consider the problems posed by the international aspects of corrupt practices and to study appropriate legislative and regulatory measures to ensure the transparency and integrity of financial systems. (4) The United States was the first country to criminalize international bribery through the enactment of the Foreign Corrupt Practices Act of 1977 and United States leadership was instrumental in the passage of the Organization for Economic Cooperation and Development (OECD) Convention on Combatting Bribery of Foreign Public Officials in International Business Transactions. (5) The Vice President, at the Global Forum on Fighting Corruption in 1999, declared corruption to be a direct threat to the rule of law and the Secretary of State declared corruption to be a matter of profound political and social consequence for our efforts to strengthen democratic governments. (6) The Secretary of State, at the Inter-American Development Bank's annual meeting in March 2000, declared that despite certain economic achievements, democracy is being threatened as citizens grow weary of the corruption and favoritism of their official institutions and that efforts must be made to improve governance if respect for democratic institutions is to be regained. (7) In May 1996 the Organization of American States (OAS) adopted the Inter-American Convention Against Corruption requiring countries to provide various forms of international cooperation and assistance to facilitate the prevention, investigation, and prosecution of acts of corruption. (8) Independent media, committed to fighting corruption and trained in investigative journalism techniques, can both educate the public on the costs of corruption and act as a deterrent against corrupt officials. (9) Competent and independent judiciary, founded on a merit-based selection process and trained to enforce contracts and protect property rights, is critical for creating a predictable and consistent environment for transparency in legal procedures. (10) Independent and accountable legislatures, responsive political parties, and transparent electoral processes, in conjunction with professional, accountable, and transparent financial management and procurement policies and procedures, are essential to the promotion of good governance and to the combat of corruption. (11) Transparent business frameworks, including modern commercial codes and intellectual property rights, are vital to enhancing economic growth and decreasing corruption at all levels of society. (12) The United States should attempt to improve accountability in foreign countries, including by-- (A) promoting transparency and accountability through support for independent media, promoting financial disclosure by public officials, political parties, and candidates for public office, open budgeting processes, adequate and effective internal control systems, suitable financial management systems, and financial and compliance reporting; (B) supporting the establishment of audit offices, inspectors general offices, third party monitoring of government procurement processes, and anti-corruption agencies; (C) promoting responsive, transparent, and accountable legislatures that ensure legislative oversight and whistle-blower protection; (D) promoting judicial reforms that criminalize corruption and promoting law enforcement that prosecutes corruption; (E) fostering business practices that promote transparent, ethical, and competitive behavior in the private sector through the development of an effective legal framework for commerce, including anti-bribery laws, commercial codes that incorporate international standards for business practices, and protection of intellectual property rights; and (F) promoting free and fair national, state, and local elections. (b) Purpose.--The purpose of this Act is to ensure that United States assistance programs promote good governance by assisting other countries to combat corruption throughout society and to improve transparency and accountability at all levels of government and throughout the private sector. SEC. 3. DEVELOPMENT ASSISTANCE POLICIES. (a) General Policy.--Section 101(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151(a)) is amended in the fifth sentence-- (1) by striking ``four'' and inserting ``five''; (2) in paragraph (3), by striking ``and'' at the end; (3) in paragraph (4), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(5) the promotion of good governance through combating corruption and improving transparency and accountability.'' . (b) Development Assistance Policy.--Paragraph (4) of the third sentence of section 102(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151-1(b)) is amended-- (1) in subparagraph (E), by striking ``and'' at the end; (2) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(G) progress in combating corruption and improving transparency and accountability in the public and private sector.''. SEC. 4. DEPARTMENT OF THE TREASURY TECHNICAL ASSISTANCE PROGRAM FOR DEVELOPING COUNTRIES. Section 129(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151aa(b)) is amended by adding at the end the following: ``(3) Emphasis on anti-corruption.--Such technical assistance shall include elements designed to combat anti- competitive, unethical and corrupt activities, including protection against actions that may distort or inhibit transparency in market mechanisms and, to the extent applicable, privatization procedures.''. SEC. 5. AUTHORIZATION OF GOOD GOVERNANCE PROGRAMS. (a) In General.--Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following: ``SEC. 131. PROGRAMS TO ENCOURAGE GOOD GOVERNANCE. ``(a) Establishment of Programs.-- ``(1) In general.--The President is authorized to establish programs that combat corruption, improve transparency and accountability, and promote other forms of good governance in countries described in paragraph (2). ``(2) Countries described.--A country described in this paragraph is a country that is eligible to receive assistance under this part (including chapter 4 of part II of this Act) or the Support for East European Democracy (SEED) Act of 1989. ``(3) Priority.--In carrying out paragraph (1), the President shall give priority to establishing programs in countries that received a significant amount of United States foreign assistance for the prior fiscal year, or in which the United States has a significant economic interest, and that continue to have the most persistent problems with public and private corruption. In determining which countries have the most persistent problems with public and private corruption under the preceding sentence, the President shall take into account criteria such as the Transparency International Annual Corruption Perceptions Index, standards and codes set forth by the International Bank for Reconstruction and Development and the International Monetary Fund, and other relevant criteria. ``(4) Requirement.--Assistance provided for countries under programs established pursuant to paragraph (1) may be made available notwithstanding any other provision of law that restricts assistance to foreign countries (other than section 620A of this Act or any other comparable provision of law). ``(b) Specific Projects and Activities.--The programs established pursuant to subsection (a) shall include, to the extent appropriate, projects and activities that-- ``(1) support responsible independent media to promote oversight of public and private institutions; ``(2) implement financial disclosure among public officials, political parties, and candidates for public office, open budgeting processes, and transparent financial management systems; ``(3) support the establishment of audit offices, inspectors general offices, third party monitoring of government procurement processes, and anti-corruption agencies; ``(4) promote responsive, transparent, and accountable legislatures that ensure legislative oversight and whistle- blower protection; ``(5) promote legal and judicial reforms that criminalize corruption and law enforcement reforms and development that encourage prosecutions of criminal corruption; ``(6) assist in the development of a legal framework for commercial transactions that fosters business practices that promote transparent, ethical, and competitive behavior in the economic sector, such as commercial codes that incorporate international standards and protection of intellectual property rights; ``(7) promote free and fair national, state, and local elections; ``(8) foster public participation in the legislative process and public access to government information; and ``(9) engage civil society in the fight against corruption. ``(c) Conduct of Projects and Activities.--Projects and activities under the programs established pursuant to subsection (a) may include, among other things, training and technical assistance (including drafting of anti-corruption, privatization, and competitive statutory and administrative codes), drafting of anti-corruption, privatization, and competitive statutory and administrative codes, support for independent media and publications, financing of the program and operating costs of nongovernmental organizations that carry out such projects or activities, and assistance for travel of individuals to the United States and other countries for such projects and activities. ``(d) Annual Report.-- ``(1) In general.--The President shall prepare and transmit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate an annual report on-- ``(A) projects and activities carried out under programs established under subsection (a) for the prior year in priority countries identified pursuant to subsection (a)(3); and ``(B) projects and activities carried out under programs to combat corruption, improve transparency and accountability, and promote other forms of good governance established under other provisions of law for the prior year in such countries. ``(2) Required contents.--The report required by paragraph (1) shall contain the following information with respect to each country described in paragraph (1): ``(A) A description of all United States Government-funded programs and initiatives to combat corruption and improve transparency and accountability in the country. ``(B) A description of United States diplomatic efforts to combat corruption and improve transparency and accountability in the country. ``(C) An analysis of major actions taken by the government of the country to combat corruption and improve transparency and accountability in the country. ``(e) Funding.--Amounts made available to carry out the other provisions of this part (including chapter 4 of part II of this Act) and the Support for East European Democracy (SEED) Act of 1989 shall be made available to carry out this section.''. (b) Deadline for Initial Report.--The initial annual report required by section 131(d)(1) of the Foreign Assistance Act of 1961, as added by subsection (a), shall be transmitted not later than 180 days after the date of the enactment of this Act. Passed the House of Representatives July 25, 2000. Attest: Jeff Trandahl Clerk.

Amends the Foreign Assistance Act of 1961 to require technical assistance provided by a certain program to foreign governments and foreign central banks of developing or transitional countries also to include elements designed to combat anti-competitive, unethical, and corrupt activities, including protection against actions that may distort or inhibit transparency in market mechanisms and, to the extent applicable, privatization procedures. Authorizes the President to establish programs that combat corruption, improve transparency and accountability, and promote other forms of good governance in developing countries or countries eligible to receive assistance under the Support for East European Democracy (SEED) Act of 1989. Requires the President to give priority to establishing programs in countries that received a significant amount of U.S. foreign assistance for the prior fiscal year, or in which the United States has a significant economic interest, and that continue to have the most persistent problems with public and private corruption. Requires the President to report to specified congressional committees with respect to such programs. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Durbin-Kennedy Empire State Building Counter-Terrorism Act of 1997.'' SEC. 2. FIREARMS. Section 922 of title 18, United States Code, is amended-- (1) in subsection (d), by striking paragraph (5) and inserting the following: ``(5) who, being an alien-- ``(A) is illegally or unlawfully in the United States; or ``(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26));''; (2) in subsection (g), by striking paragraph (5) and inserting the following: ``(5) who, being an alien-- ``(A) is illegally or unlawfully in the United States; or ``(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26));''; (3) in subsection (s)(3)(B), by striking clause (v) and inserting the following: ``(v) is not an alien who-- ``(I) is illegally or unlawfully in the United States; or ``(II) subject to subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26));''; and (4) by inserting after subsection (x) the following: ``(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas.-- ``(1) Definitions.--In this subsection-- ``(A) the term `alien' has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)); and ``(B) the term `nonimmigrant visa' has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)); and ``(2) Exceptions.-- ``(A) In general.--Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is-- ``(i) admitted to the United States for lawful hunting or sporting purposes; ``(ii) an official representative of a foreign government who is-- ``(I) accredited to the United States Government or the government's mission to an international organization having its headquarters in the United States; or ``(II) en route to or from another country to which that alien is accredited; ``(iii) an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or ``(iv) a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business. ``(3) Waiver.-- ``(A) Conditions for waiver.--Any individual who has been admitted to the United States under a nonimmigrant visa may receive a waiver from the requirements of subsection (g)(5), if-- ``(i) the individual submits to the Attorney General a petition that meets the requirements of subparagraph (C); and ``(ii) the Attorney General approves the petition. ``(B) Petition.--Each petition under subparagraph (B) shall-- ``(i) demonstrate that the petitioner has resided in the United States for a continuous period of not less than 180 days before the date on which the petition is submitted under this paragraph; and ``(ii) include a written statement from the embassy or consulate of the petitioner, authorizing the petitioner to acquire a firearm or ammunition and certifying that the alien would not, absent the application of subsection (g)(5)(B), otherwise be prohibited from such acquisition under subsection (g). ``(C) Approval of petition.--The Attorney General shall approve a petition submitted in accordance with this paragraph, if the Attorney General determines that waiving the requirements of subsection (g)(5)(B) with respect to the petitioner-- ``(i) would be in the interests of justice; and ``(ii) would not jeopardize the public safety.''.

Durbin-Kennedy Empire State Building Counter-Terrorism Act of 1997 - Amends the Brady Handgun Violence Prevention Act to prohibit the disposition of a firearm or ammunition to, and the possession of a firearm or ammunition by, an alien who has been admitted to the United States under a nonimmigrant visa. Requires the statement required from a firearms transferee to contain a statement that the transferee is not an alien who has been admitted to the United States under a nonimmigrant visa. Sets forth provisions regarding: (1) exceptions for aliens admitted to the United States for lawful hunting or sporting purposes and for certain official government representatives, officials, distinguished foreign visitors, and foreign law enforcement officers; and (2) waivers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pediatric Diabetes Research and Prevention Act''. SEC. 2. PROGRAMS REGARDING DIABETES IN CHILDREN AND YOUTH. (a) National Registry on Juvenile Diabetes.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention, shall develop a system to collect data on juvenile diabetes, including with respect to incidence and prevalence, and shall establish a national database for such data. (b) Long-Term Epidemiology Studies on Juvenile Diabetes.-- (1) In general.--The Secretary, acting through the Director of the National Institutes of Health, shall conduct or support long-term epidemiology studies in which individuals with type 1, or juvenile, diabetes are followed for 10 years or more. Such studies shall, in order to provide a valuable resource for the purposes specified in paragraph (2), provide for complete characterization of disease manifestations, appropriate medical history, elucidation of environmental factors, delineation of complications, results of usual medical treatment and a variety of other potential valuable (such as samples of blood). (2) Purposes.--The purposes referred to in paragraph (1) with respect to type 1 diabetes are the following: (A) Delineation of potential environmental triggers thought precipitating or causing type 1 diabetes. (B) Delineation of those clinical characteristics or lab measures associated with complications of the disease. (C) Potential study population to enter into clinical trials for prevention and treatment, as well as genetic studies. (c) Type 2 Diabetes in Youth.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall implement a national public health effort to address type 2 diabetes in youth, including-- (1) enhancing surveillance systems and expanding research to better assess the prevalence of type 2 diabetes in youth and determine the extent to which type 2 diabetes is incorrectly diagnosed as type 1 diabetes among children; and (2) assisting States in establishing coordinated school health programs and physical activity and nutrition demonstration programs to control weight and increase physical activity among youth. (d) Clinical Trial Infrastructure/Innovative Treatments for Juvenile Diabetes.--The Secretary, acting through the Director of the National Institutes of Health, shall support regional clinical centers for the cure of juvenile diabetes and shall through such centers provide for-- (1) well-characterized population of children appropriate for study; (2) well-trained clinical scientists able to conduct such trials; (3) appropriate clinical settings able to house such studies; and (4) appropriate statistical capability, data, safety and other monitoring capacity. (e) Development of Vaccine.--The Secretary, acting through the appropriate agencies of the Public Health Service, shall provide for a national effort to develop a vaccine for type 1 diabetes. Such effort shall provide for a combination of increased efforts in research and development of candidate vaccines, coupled with appropriate ability to conduct large clinical trials in children. (f) Loan Repayment Program.--Part G of title IV of the Public Health Service Act (42 U.S.C. 288 et seq.) is amended by inserting after section 487E the following section: ``loan repayment program for research on diabetes in children ``Sec. 487F. (a) In General.--The Secretary, in consultation with the Director of the National Institute of Diabetes and Digestive and Kidney Diseases, shall establish a program of entering into contracts with qualified health professionals (including graduate students) under which such health professionals agree to conduct research regarding diabetes in children in consideration of the Federal Government agreeing to repay, for each year of such service, not more than $35,000 of the principal and interest of the educational loans of such health professionals. ``(b) Adjustments Regarding Cost of Living.--With respect to the limitation established in subsection (a) on the annual amount of repayment that may be made, the Secretary may make such periodic adjustments to the limitation to reflect increases in the cost of living as the Secretary deems necessary. ``(c) Applicability of Certain Provisions.--With respect to the National Health Service Corps Loan Repayment Program established in subpart III of part D of title III, the provisions of such subpart shall, except as inconsistent with subsection (a) of this section, apply to the program established in such subsection (a) in the same manner and to the same extent as such provisions apply to the National Health Service Corps Loan Repayment Program established in such subpart. ``(d) Definition.--For purposes of this section, the term `diabetes in children' includes Type 1 diabetes in children and Type 2 diabetes in children. ``(e) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2005. Amounts available for carrying out this section shall remain available until the expiration of the second fiscal year beginning after the fiscal year for which the amounts were made available.''. (g) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2004.

Directs the Secretary, acting through the Director of the National Institutes of Health, to conduct or support long-term epidemiology studies in which individuals with type 1, or juvenile, diabetes are followed for 10 years or more. Authorizes appropriations.

SECTION 1. ESTABLISHMENT OF COMMISSION. There is established in the legislative branch the United States Commission on Planetary Defense (in this Act referred to as the ``Commission''). SEC. 2. PURPOSES. The purposes of the Commission are to-- (1) determine capabilities of United States Government entities, nongovernment organizations, foreign governments and entities, and international bodies to detect, characterize, and neutralize potentially dangerous Near Earth Objects (in this Act referred to as ``NEOs''); (2) identify and evaluate roles and responsibilities of United States Government entities to detect, characterize, and neutralize potentially dangerous NEOs; (3) determine United States effectiveness in leading international efforts to detect, characterize, and neutralize potentially dangerous NEOs; (4) build upon United States Government and foreign analyses, studies, and assessments, without duplicating efforts, to determine current and required NEO characterization and mitigation capabilities; (5) identify and report on technology development required to provide effective planetary defense from dangerous NEOs; and (6) investigate and report to the President and Congress on its findings, conclusions, and recommendations for corrective measures that can be taken to provide planetary defense. SEC. 3. COMPOSITION OF COMMISSION. (a) Members.--The Commission shall be composed of 7 members, of whom-- (1) 1 member shall be appointed by the Chairman of the Committee on Science and Technology of the House of Representatives, who shall serve as chairman of the Commission; (2) 1 member shall be appointed by the Chairman of the Committee on Commerce, Science, and Transportation of the Senate, who shall serve as vice chairman of the Commission; (3) 1 member shall be appointed by the Chairman of the Committee on Science and Technology of the House of Representatives; (4) 2 members shall be appointed by the Ranking Minority Member of the Committee on Science and Technology of the House of Representatives; (5) 1 member shall be appointed by the Chairman of the Committee on Commerce, Science, and Transportation of the Senate; and (6) 1 member shall be appointed by the Ranking Minority Member of the Committee on Commerce, Science, and Transportation of the Senate. (b) Qualifications; Initial Meeting.-- (1) Nongovernmental appointees.--An individual appointed to the Commission may be an officer or employee of the Federal Government or any State or local government. (2) Other qualifications.--Individuals appointed to the Commission shall be prominent United States citizens, with national recognition and significant depth of experience in astronomy, geology, physics, nuclear weapons systems, space systems, advanced technology, foreign affairs, or other relevant disciplines. (3) Deadline for appointment.--All members of the Commission shall be appointed on or before [_____, 2010]. (4) Initial meeting.--The Commission shall meet and begin the operations of the Commission as soon as practicable. (c) Quorum; Vacancies.--After its initial meeting, the Commission shall meet upon the call of the chairman or a majority of its members. Four members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. SEC. 4. FUNCTIONS OF COMMISSION. (a) In General.--The functions of the Commission are as follows: (1) Identify, review, and evaluate the structure, coordination, management policies, and procedures of the Federal Government, and, as appropriate, international bodies, and nongovernmental entities, relative to detecting, characterizing, mitigating, and over all response efforts to dangerous NEOs. (2) Assess United States and foreign technology readiness levels required to provide effective planetary defense and make recommendations to develop required technologies, including NEO detection and characterization systems, spacecraft, propulsion systems, nuclear devices, high order explosive systems, modeling and simulation capabilities, and laser systems. (3) Submit to the President and Congress such reports as are required by this Act containing such findings, conclusions, and recommendations as the Commission shall determine, including proposing organization, coordination, planning, management arrangements, procedures, rules, and regulations. SEC. 5. POWERS OF COMMISSION. (a) In General.-- (1) Hearings and evidence.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act-- (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths. (b) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (c) Information From Federal Agencies.-- (1) In general.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this Act. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (2) Receipt, handling, storage, and dissemination.-- Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (d) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (e) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (f) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. SEC. 6. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. (a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (b) Public Meetings and Release of Public Versions of Reports.--The Commission shall-- (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the reports required under section 10(a) and (b). (c) Public Hearings.--Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. SEC. 7. STAFF OF COMMISSION. (a) In General.-- (1) Appointment and compensation.--The chairman, in consultation with vice chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this paragraph may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Personnel as federal employees.-- (A) In general.--The executive director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission.--Subparagraph (A) shall not be construed to apply to members of the Commission. (b) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (c) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 8. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.--Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 9. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this Act without the appropriate security clearances. SEC. 10. REPORTS OF COMMISSION; TERMINATION. (a) Interim Reports.--The Commission may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (b) Final Report.--Not later than 18 months after the date of enactment of this Act, the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (c) Termination.-- (1) In general.--The Commission, and all the authorities of this Act, shall terminate 120 days after the date on which the final report is submitted under subsection (b). (2) Administrative activities before termination.--The Commission may use the 120-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. SEC. 11. FUNDING. [(a) Transfer From the ____.--Of the amounts authorized to be appropriated by this Act and made available in Public Law _____ not to exceed $2,000,000 shall be available for transfer to the Commission for purposes of the activities of the Commission under this Act.] (b) Duration of Availability.--Amounts made available to the Commission under subsection (a) shall remain available until the termination of the Commission.

Establishes in the legislative branch the United States Commission on Planetary Defense to: (1) review the structure, coordination, management policies, and procedures of the federal government, and as appropriate, international bodies, and nongovernmental entities, relative to the detection, characterization, mitigation, and over all response efforts to dangerous Near-Earth Objects (NEOs); (2) assess U.S. and foreign technology readiness levels required to provide effective planetary defense and make recommendations to develop required technologies, including NEO detection and characterization systems, spacecraft, nuclear devices, and laser systems; and (3) submit interim reports and a final report to the President and Congress containing such findings, conclusions, and recommendations as the Commission shall determine for corrective measures. Sets forth provisions regarding the membership, powers, and staff of the Commission.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Virgin Islands College Access Act of 2015''. SEC. 2. PURPOSE. It is the purpose of this Act to establish a program that enables college-bound residents of the United States Virgin Islands to have greater choices among institutions of higher education. SEC. 3. PUBLIC SCHOOL GRANTS. (a) Grants.-- (1) In general.--From amounts appropriated under subsection (i), the Governor shall award grants to eligible institutions that enroll eligible students to pay the difference between the tuition and fees charged for in-State students and the tuition and fees charged for out-of-State students on behalf of each eligible student enrolled in the eligible institution. (2) Maximum student amounts.--The amount paid on behalf of an eligible student under this section shall be-- (A) not more than $10,000 for any one award year (as defined in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088)); and (B) not more than $50,000 in the aggregate. (3) Proration.--The Governor shall prorate payments under this section for students who attend an eligible institution on less than a full-time basis. (b) Reduction for Insufficient Appropriations.-- (1) In general.--If the funds appropriated pursuant to subsection (i) for any fiscal year are insufficient to award a grant in the amount determined under subsection (a) on behalf of each eligible student enrolled in an eligible institution, then the Governor, in consultation with the Secretary of Education, shall-- (A) first, ratably reduce the amount of the tuition and fee payment made on behalf of each eligible student who has not received funds under this section for a preceding year; and (B) after making reductions under subparagraph (A), ratably reduce the amount of the tuition and fee payments made on behalf of all other eligible students. (2) Adjustments.--The Governor, in consultation with the Secretary of Education, may adjust the amount of tuition and fee payments made under paragraph (1) based on-- (A) the financial need of the eligible students to avoid undue hardship to the eligible students; or (B) undue administrative burdens on the Governor. (3) Further adjustments.--Notwithstanding paragraphs (1) and (2), the Governor may prioritize the making or amount of tuition and fee payments under this subsection based on the income and need of eligible students. (c) Definitions.--In this section: (1) Eligible institution.--The term ``eligible institution'' means an institution that-- (A) is a public four-year institution of higher education located in one of the several States, the District of Columbia, Puerto Rico, or Guam; (B) is eligible to participate in the student financial assistance programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and (C) enters into an agreement with the Governor containing such terms and conditions as the Governor and institution may jointly specify, including a requirement that the institution use the funds made available under this section to supplement and not supplant assistance that otherwise would be provided to eligible students from the United States Virgin Islands. (2) Eligible student.--The term ``eligible student'' means an individual who-- (A) was domiciled in the United States Virgin Islands for not less than the 12 consecutive months preceding the commencement of the freshman year at an institution of higher education; (B) graduated from a secondary school in the United States Virgin Islands, or received the recognized equivalent of a secondary school diploma while domiciled in the United States Virgin Islands, on or after January 1, 2013; (C) begins the individual's undergraduate course of study within the three calendar years (excluding any period of service on active duty in the Armed Forces, or service under the Peace Corps Act (22 U.S.C. 2501 et seq.) or subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.)) of graduation from a secondary school, or obtaining the recognized equivalent of a secondary school diploma; (D) is enrolled or accepted for enrollment, on at least a half-time basis, in a baccalaureate degree or other program (including a program of study abroad approved for credit by the institution at which such student is enrolled) leading to a recognized educational credential at an eligible institution; (E) if enrolled in an eligible institution, is maintaining satisfactory progress in the course of study the student is pursuing in accordance with section 484(c) of the Higher Education Act of 1965 (20 U.S.C. 1091(c)); (F) while enrolled in an eligible institution, maintains the United States Virgin Islands as the individual's principal place of residence for purposes of the laws of the United States Virgin Islands; and (G) has not completed the individual's first undergraduate baccalaureate course of study. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (4) Governor.--The term ``Governor'' means the Governor of the United States Virgin Islands. (5) Secondary school.--The term ``secondary school'' has the meaning given that term under section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (6) Secretary.--The term ``Secretary'' means the Secretary of Education. (d) Construction.--Nothing in this Act shall be construed to require an institution of higher education to alter the institution's admissions policies or standards in any manner to enable an eligible student to enroll in the institution. (e) Applications.--Each student desiring a tuition payment under this section shall submit an application to the eligible institution at such time, in such manner, and accompanied by such information as the eligible institution may require. (f) Administration of Program.-- (1) In general.--The Governor shall carry out the program under this section in consultation with the Secretary. The Governor may enter into a grant, contract, or cooperative agreement with another public or private entity to administer the program under this section if the Governor determines that doing so is a more efficient way of carrying out the program. (2) Policies and procedures.--The Governor, in consultation with institutions of higher education eligible for participation in the program authorized under this section, shall develop policies and procedures for the administration of the program. (3) Memorandum of agreement.--The Governor and the Secretary shall enter into a Memorandum of Agreement that describes-- (A) the manner in which the Governor shall consult with the Secretary with respect to administering the program under this section; and (B) any technical or other assistance to be provided to the Governor by the Secretary for purposes of administering the program under this section (which may include access to the information in the common financial reporting form developed under section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090)). (g) Governor's Report.--The Governor shall report to Congress annually regarding-- (1) the number of eligible students attending each eligible institution and the amount of the grant awards paid to those institutions on behalf of the eligible students; (2) the extent, if any, to which a ratable reduction was made in the amount of tuition and fee payments made on behalf of eligible students; and (3) the progress in obtaining recognized academic credentials of the cohort of eligible students for each year. (h) GAO Report.--Beginning on the date of the enactment of this Act, the Comptroller General of the United States shall monitor the effect of the program assisted under this section on educational opportunities for eligible students. The Comptroller General shall analyze whether eligible students had difficulty gaining admission to eligible institutions because of any preference afforded in-State residents by eligible institutions, and shall expeditiously report any findings regarding such difficulty to Congress and the Governor. In addition, the Comptroller General shall-- (1) analyze the extent to which there are an insufficient number of eligible institutions to which United States Virgin Islands students can gain admission, including admission aided by assistance provided under this Act, due to-- (A) caps on the number of out-of-State students the institution will enroll; (B) significant barriers imposed by academic entrance requirements (such as grade point average and standardized scholastic admissions tests); and (C) absence of admission programs benefitting minority students; and (2) report the findings of the analysis described in paragraph (1) to Congress and the Governor. (i) Authorization of Appropriations.--The United States Virgin Islands is authorized to appropriate to carry out this section, out of non-Federal funds of the United States Virgin Islands, $10,000,000 for each of the fiscal years 2015 through 2020, and such sums as may be necessary for each of the succeeding fiscal years. Such funds shall remain available until expended. (j) Effective Date.--This section shall take effect with respect to payments for periods of instruction that begin on or after January 1, 2015. SEC. 4. GENERAL REQUIREMENTS. (a) Personnel.--The Secretary of Education shall arrange for the assignment of an individual, pursuant to subchapter VI of chapter 33 of title 5, United States Code, to serve as an adviser to the Governor with respect to the programs assisted under this Act. (b) Administrative Expenses.--The Governor may use not more than 5 percent of the funds made available for a program under section 3 for a fiscal year to pay the administrative expenses of a program under section 3 for the fiscal year. (c) Inspector General Review.--Each of the programs assisted under this Act shall be subject to audit and other review by the Inspector General of the Department of Education in the same manner as programs are audited and reviewed under the Inspector General Act of 1978 (5 U.S.C. App.). (d) Gifts.--The Governor may accept, use, and dispose of donations of services or property for purposes of carrying out this Act. (e) Maximum Student Amount Adjustments.--The Governor shall establish rules to adjust the maximum student amounts described in section 3(a)(2)(B) for eligible students described in section 3(c)(2) who transfer between the eligible institutions described in section 3(c)(1)(A).

United States Virgin Islands College Access Act of 2015 This bill directs the U.S. Virgin Islands to use federal funds authorized by this Act to award grants to public four-year institutions of higher education (IHEs) located in the states, the District of Columbia, Puerto Rico, or Guam to cover the difference between the in-state and out-of-state tuition and fees for students who have: (1) been domiciled in the Virgin Islands for at least the 12 months preceding their enrollment in the IHE; and (2) received on or after January 1, 2013, a secondary school diploma or its equivalent while domiciled there. The Government Accountability Office must monitor the program's effectiveness in expanding educational opportunities for such students.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Competition Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) prescription drug costs are increasing at an alarming rate and are a major worry of senior citizens and American families; (2) there is a potential for drug companies owning patents on brand-name drugs to enter in private financial deals with generic drug companies in a manner that could tend to restrain trade and greatly reduce competition and increase prescription drug costs for American citizens; and (3) enhancing competition between generic drug manufacturers and brand name manufacturers can significantly reduce prescription drug costs to American families. SEC. 3. PURPOSE. The purposes of this Act are-- (1) to provide timely notice to the Department of Justice and the Federal Trade Commission regarding agreements between companies owning patents on brand name drugs and companies who could manufacture generic or bioequivalent versions of such brand name drugs; and (2) by providing timely notice, to-- (A) enhance the effectiveness and efficiency of the enforcement of the antitrust laws of the United States; and (B) deter pharmaceutical companies from engaging in anticompetitive actions or actions that tend to unfairly restrain trade. SEC. 4. DEFINITIONS. In this Act: (1) Agreement.--The term ``agreement'' means an agreement under section 1 of the Sherman Act (15 U.S.C. 1) or section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (2) Antitrust laws.-- The term ``antitrust laws'' has the same meaning as in section 1 of the Clayton Act (15 U.S.C. 12), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section applies to unfair methods of competition. (3) ANDA.--The term ``ANDA'' means an Abbreviated New Drug Application, as defined under section 505(j) of the Federal Food, Drug and Cosmetic Act (21 U.S.C 355(j)). (4) Brand name drug company.--The term ``brand name drug company'' means a person engaged in the manufacture or marketing of a drug approved under section 505(b) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 355(b)). (5) Commission.--The term ``Commission'' means the Federal Trade Commission. (6) FDA.--The term ``FDA'' means the United States Food and Drug Administration. (7) Generic drug.--The term ``generic drug'' is a product that the Food and Drug Administration has approved under section 505(j) of the Federal Food, Drug and Cosmetic Act (221 U.S.C. 355(j)). (8) Generic drug applicant.--The term ``generic drug applicant'' means a person who has filed or received approval for an ANDA under section 505(j) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 355(j)). (9) NDA.--The term ``NDA'' means a New Drug Application, as defined under section 505(b) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 355(b)) SEC. 5. NOTIFICATION OF AGREEMENTS AFFECTING THE SALE OR MARKETING OF GENERIC DRUGS. A brand name drug manufacturer and a generic drug manufacturer that enter into an agreement-- (1) regarding the sale or manufacture of a generic drug equivalent of a brand name drug that is manufactured by that brand name manufacturer. and (2) which agreement could have the effect of limiting the research, development, manufacture, marketing or selling of a generic drug product that could be approved for sale by the FDA pursuant to an ANDA, shall both file with the Commission and the Attorney General a notice that such an agreement has been entered into, the text of the agreement, an explanation of the purpose and scope of the agreement, and an explanation of whether the agreement could delay, restrain, limit, or in any way interfere with the production, manufacture, or sale of the generic version of the drug in question. SEC. 6. FILING DEADLINES. Any notice, agreement, or other material required to be filed under section 5 shall be filed with the Attorney General and the Commission not later than 10 business days after the date the agreement is executed. SEC. 7. ENFORCEMENT. (a) Civil Fine.--Any person, or any officer, director, or partner thereof, who fails to comply with any provision of this Act shall be liable for a civil penalty of not more than $20,000 for each day during which such person is in violation of this Act. Such penalty may be recovered in a civil action brought by the United States or brought by the Commission in accordance with the procedures established in section 16(a)(1) of the Federal Trade Commission Act (15 U.S.C. 56(a)). (b) Compliance and Equitable Relief.--If any person, or any officer, director, partner, agent, or employee thereof, fails to comply with the notification requirement under section 5 of this Act, the United States district court, for the district in which such person officer, director, partner, agent, or employee thereof resides or does business, may order compliance and grant such other equitable relief as the court in its discretion determines necessary or appropriate, upon application of the Commission or the Assistant Attorney General. SEC. 8. RULEMAKING. The Commission, with the concurrence of the Assistant Attorney General and by rule in accordance with section 553 of title 5, United States Code, consistent with the purposes of this Act-- (1) may require that the notice of an agreement described in section 5 of this Act be in such form and contain such documentary material and information relevant to the agreement as is necessary and appropriate to enable the Commission and the Assistant Attorney General to determine whether such agreement may violate the antitrust laws; (2) may define the terms used in this Act; (3) may exempt classes of persons or agreements from the requirements of this Act; and (4) may prescribe such other rules as may be necessary and appropriate to carry out the purposes of this Act. SEC. 9. EFFECTIVE DATES. This Act shall take effect 90 days after the date of enactment of this Act.

Drug Competition Act of 2001 - Requires brand name drug manufacturers and generic drug manufacturers to notify the Federal Trade Commission and the Attorney General of agreements regarding the sale or manufacture of generic drugs which could have the effect of limiting the research, development, manufacture, marketing, or selling of a generic drug product.

SECTION 1. PRIVATE ACTIONS FOR RELIEF FROM UNFAIR FOREIGN COMPETITION. (a) Clayton Act.--Section 1(a) of the Clayton Act (15 U.S.C. 12) is amended by inserting ``section 801 of the Act of September 8, 1916, entitled `An Act to raise revenue, and for other purposes' (39 Stat. 798; 15 U.S.C. 72);'' after ``nineteen hundred and thirteen;''. (b) Action for Dumping Violations.--Section 801 of the Act of September 8, 1916 (39 Stat. 798; 15 U.S.C. 72) is amended to read as follows: ``Sec. 801. (a) Prohibition.--No person shall import or sell within the United States an article manufactured or produced in a foreign country if-- ``(1) the article is imported or sold within the United States at a United States price that is less than the foreign market value or constructed value of the article; and ``(2) the importation or sale-- ``(A) causes or threatens material injury to industry or labor in the United States; or ``(B) prevents, in whole or in part, the establishment or modernization of any industry in the United States. ``(b) Civil Action.--An interested party whose business or property is injured by reason of an importation or sale in violation of this section may bring a civil action in the United States District Court for the District of Columbia or in the Court of International Trade against-- ``(1) a manufacturer or exporter of the article; or ``(2) an importer of the article into the United States that is related to the manufacturer or exporter of the article. ``(c) Relief.--In an action brought under subsection (b), upon a finding of liability on the part of the defendant, the plaintiff shall-- ``(1)(A) be granted such equitable relief as may be appropriate, which may include an injunction against further importation into, or sale or distribution within, the United States by the defendant of the article in question; or ``(B) if injunctive relief cannot be timely provided or is otherwise inadequate, recover damages for the injuries sustained; and ``(2) recover the costs of the action, including reasonable attorney's fees. ``(d) Standard of Proof.--(1) The standard of proof in an action brought under subsection (b) is a preponderance of the evidence. ``(2) Upon-- ``(A) a prima facie showing of the elements set forth in subsection (a); or ``(B) affirmative final determinations adverse to the defendant that are made by the administering authority and the United States International Trade Commission under section 735 of the Tariff Act of 1930 (19 U.S.C. 1673d) relating to imports of the article in question for the country in which the manufacturer of the article is located, the burden of proof in an action brought under subsection (b) shall be upon the defendant. ``(e) Other Parties.--(1) Whenever, in an action brought under subsection (b), it appears to the court that justice requires that other parties be brought before the court, the court may cause them to be summoned, without regard to where they reside, and the subpoenas to that end may be served and enforced in any judicial district of the United States. ``(2) A foreign manufacturer, producer, or exporter which sells products, or for which products are sold by another party in the United States, shall be treated as having appointed the District Director of the United States Customs Service of the Department of the Treasury for the port through which the product is commonly imported as the true and lawful agent of the manufacturer, producer, or exporter, upon whom may be served all lawful process in any action brought under subsection (b) against the manufacturer, producer, or exporter. ``(f) Limitation.--(1) An action under subsection (b) shall be commenced not later than 4 years after the date on which the cause of action accrued. ``(2) The running of the 4-year period provided in paragraph (1) shall be suspended while there is pending an administrative proceeding under subtitle B of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et seq.) relating to the product that is the subject of the action or an appeal of a final determination in such a proceeding, and for 1 year thereafter. ``(g) Noncompliance With Court Order.--If a defendant in an action brought under subsection (b) fails to comply with any discovery order or other order or decree of the court, the court may-- ``(1) enjoin the further importation into, or the sale or distribution within, the United States by the defendant of articles that are the same as, or similar to, the articles that are alleged in the action to have been sold or imported under the conditions described in subsection (a) until such time as the defendant complies with the order or decree; or ``(2) take any other action authorized by law or by the Federal Rules of Civil Procedure, including entering judgment for the plaintiff. ``(h) Confidentiality and Privileged Status.--(1) Except as provided in paragraph (2), the confidential or privileged status accorded by law to any documents, evidence, comments, or information shall be preserved in any action brought under subsection (b). ``(2) In an action brought under subsection (b) the court may-- ``(A) examine, in camera, any confidential or privileged material; ``(B) accept depositions, documents, affidavits, or other evidence under seal; and ``(C) disclose such material under such terms and conditions as the court may order. ``(i) Expedition of Action.--An action brought under subsection (b) shall be advanced on the docket and expedited in every way possible. ``(j) Definitions.--For purposes of this section, the terms `United States price', `foreign market value', `constructed value', `subsidy', and `material injury', have the respective meanings given those terms under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.). ``(k) Subsidy.--If-- ``(1) a subsidy is provided to the manufacturer, producer, or exporter of an article; and ``(2) the subsidy is not included in the foreign market value or constructed value of the article (but for this paragraph), the foreign market value of the article or the constructed value of the article shall be increased by the amount of the subsidy. ``(l) Intervention by the United States.--The court shall permit the United States to intervene in any action brought under subsection (b) as a matter of right. The United States shall have all the rights of a party to such action. ``(m) Nullification of Order.--An order by a court under this section is subject to nullification by the President under authority of section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702).''. (c) Action for Subsidies Violations.--Title VIII of the Act of September 8, 1916 (39 Stat. 798; 15 U.S.C. 71 et seq.) is amended by adding at the end the following new section: ``Sec. 807. (a) Prohibition.--No person shall import or sell within the United States an article manufactured or produced in a foreign country if-- ``(1) the foreign country, any person who is a citizen or national of the foreign country, or a corporation, association, or other organization organized in the foreign country, is providing (directly or indirectly), a subsidy with respect to the manufacture, production, or exportation of the article; and ``(2) the importation or sale-- ``(A) causes or threatens material injury to industry or labor in the United States; or ``(B) prevents, in whole or in part, the establishment or modernization of any industry in the United States. ``(b) Civil Action.--An interested party whose business or property is injured by reason of an importation or sale in violation of this section may bring a civil action in the United States District Court for the District of Columbia or in the Court of International Trade against-- ``(1) a manufacturer or exporter of the article; or ``(2) an importer of the article into the United States that is related to the manufacturer or exporter of the article. ``(c) Relief.--In an action brought under subsection (b), upon a finding of liability on the part of the defendant, the plaintiff shall-- ``(1)(A) be granted such equitable relief as may be appropriate, which may include an injunction against further importation into, or sale or distribution within, the United States by the defendant of the article in question; or ``(B) if injunctive relief cannot be timely provided or is otherwise inadequate, recover damages for the injuries sustained; and ``(C) recover the costs of the action, including reasonable attorney's fees. ``(d) Standard of Proof.--(1) The standard of proof in an action filed under subsection (b) is a preponderance of the evidence. ``(2) Upon-- ``(A) a prima facie showing of the elements set forth in subsection (a); or ``(B) affirmative final determinations adverse to the defendant that are made by the administering authority and the United States International Trade Commission under section 705 of the Tariff Act of 1930 (19 U.S.C. 1671d) relating to imports of the article in question for the country in which the manufacturer of the article is located, the burden of proof in an action brought under subsection (b) shall be upon the defendant. ``(e) Other Parties.--(1) Whenever, in an action brought under subsection (b), it appears to the court that justice requires that other parties be brought before the court, the court may cause them to be summoned, without regard to where they reside, and the subpoenas to that end may be served and enforced in any judicial district of the United States. ``(2) A foreign manufacturer, producer, or exporter which sells products, or for which products are sold by another party in the United States, shall be treated as having appointed the District Director of the United States Customs Service of the Department of the Treasury for the port through which the product is commonly imported as the true and lawful agent of the manufacturer, producer, or exporter, upon whom may be served all lawful process in any action brought under subsection (b) against the manufacturer, producer, or exporter. ``(f) Limitation.--(1) An action under subsection (b) shall be commenced not later than 4 years after the date on which the cause of action accrued. ``(2) The running of the 4-year period provided in paragraph (1) shall be suspended while there is pending an administrative proceeding under subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) relating to the product that is the subject of the action or an appeal of a final determination in such a proceeding, and for 1 year thereafter. ``(g) Noncompliance With Court Order.--If a defendant in an action brought under subsection (b) fails to comply with any discovery order or other order or decree of the court, the court may-- ``(1) enjoin the further importation into, or the sale or distribution within, the United States by the defendant of articles that are the same as, or similar to, the articles that are alleged in the action to have been sold or imported under the conditions described in subsection (a) until such time as the defendant complies with the order or decree; or ``(2) take any other action authorized by law or by the Federal Rules of Civil Procedure, including entering judgment for the plaintiff. ``(h) Confidentiality and Privileged Status.--(1) Except as provided in paragraph (2), the confidential or privileged status accorded by law to any documents, evidence, comments, or information shall be preserved in any action brought under subsection (b). ``(2) In an action brought under subsection (b) the court may-- ``(A) examine, in camera, any confidential or privileged material; ``(B) accept depositions, documents, affidavits, or other evidence under seal; and ``(C) disclose such material under such terms and conditions as the court may order. ``(i) Expedition of Action.--An action brought under subsection (b) shall be advanced on the docket and expedited in every way possible. ``(j) Definitions.--For purposes of this section, the terms `subsidy' and `material injury' have the respective meanings given those terms under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.). ``(k) Intervention by the United States.--The court shall permit the United States to intervene in any action brought under subsection (b) as a matter of right. The United States shall have all the rights of a party to such action. ``(l) Nullification of Order.--An order by a court under this section is subject to nullification by the President under authority of section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702).''. (d) Action for Customs Fraud.-- (1) Amendment of title 28, united states code.--Chapter 95 of title 28, United States Code, is amended by adding at the end the following new section: ``Sec. 1586. Private enforcement action for customs fraud ``(a) Civil Action.--An interested party whose business or property is injured by a fraudulent, grossly negligent, or negligent violation of section 592(a) of the Tariff Act of 1930 (19 U.S.C. 1592(a)) may bring a civil action in the United States District Court for the District of Columbia or in the Court of International Trade without respect to the amount in controversy. ``(b) Relief.--Upon proof by an interested party that the business or property of such interested party has been injured by a fraudulent, grossly negligent, or negligent violation of section 592(a) of the Tariff Act of 1930, the interested party shall-- ``(1)(A) be granted such equitable relief as may be appropriate, which may include an injunction against further importation into the United States of the merchandise in question; or ``(B) if injunctive relief cannot be timely provided or is otherwise inadequate, recover damages for the injuries sustained; and ``(2) recover the costs of suit, including reasonable attorney's fees. ``(c) Definitions.--For purposes of this section: ``(1) The term `interested party' means-- ``(A) a manufacturer, producer, or wholesaler in the United States of like or competing merchandise; or ``(B) a trade or business association a majority of whose members manufacture, produce, or wholesale like merchandise or competing merchandise in the United States. ``(2) The term `like merchandise' means merchandise that is like, or in the absence of like, most similar in characteristics and uses with, merchandise being imported into the United States in violation of section 502(a) of the Tariff Act of 1930 (19 U.S.C. 1592(a)). ``(3) The term `competing merchandise' means merchandise that competes with or is a substitute for merchandise being imported into the United States in violation of section 592(a) of the Tariff Act of 1930 (19 U.S.C. 1592(a)). ``(d) Intervention by the United States.--The court shall permit the United States to intervene in an action brought under this section, as a matter of right. The United States shall have all the rights of a party. ``(e) Nullification of Order.--An order by a court under this section is subject to nullification by the President under authority of section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702).''. (2) Technical amendment.--The chapter analysis for chapter 95 of title 28, United States Code, is amended by adding at the end the following new item: ``1586. Private enforcement action for customs fraud.''. SEC. 2. ACCORDANCE WITH GATT. It is the sense of the Congress that this Act is consistent with, and in accord with, the General Agreement on Tariffs and Trade (GATT).

Amends the Clayton Act to include a specified antidumping provision among U.S. antitrust laws. Amends such antidumping provision of the Unfair Competition Act of 1916 to allow any person who is injured in his or her property or business by the sale or importation of an article made in a foreign country to bring a civil action against the manufacturer, exporter, or related importer of such article if: (1) the article is imported or sold in the United States at less than its foreign market or constructed value; or (2) the foreign country or person or organization of such country is providing (directly or indirectly) a subsidy with respect to the manufacture, production, or exportation of such article; and (3) the sale or importation causes or threatens material injury to U.S. industry or labor or prevents the establishment or modernization of U.S. industry. Restricts the court jurisdiction of such an action to the District Court of the District of Columbia or the Court of International Trade. Entitles a prevailing party to appropriate equitable relief, or if such relief is inadequate, to compensatory damages and legal expenses. Sets a four-year statute of limitations for actions under this Act. Permits the United States to intervene in an action under this Act as a matter of right. Subjects any court order under this Act to nullification by the President. Allows any person who is injured in his or her business or property by the fraudulent, grossly negligent, or negligent entry or introduction of merchandise into U.S. commerce to bring a civil action in the District Court of the District of Columbia or the Court of International Trade, without respect to the amount in controversy. Entitles a prevailing party to appropriate equitable relief or, if such relief is inadequate, compensatory damages and legal expenses. Permits the United States to intervene in such an action as a matter of right. Subjects any court order to nullification by the President. Expresses the sense of the Congress that this Act is consistent with the General Agreement on Tariffs and Trade.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children Come First Act of 2007''. SEC. 2. LIMITATION ON PAYMENTS FOR STATES COVERING CHILDREN IN FAMILIES WITH INCOME BETWEEN 200 AND 300 PERCENT OF THE POVERTY LINE; OPTION OF PREMIUM ASSISTANCE FOR CHILDREN OF HIGHER INCOME FAMILIES. (a) In General.--Section 2105(c) of the Social Security Act (42 U.S.C. 1397ee(c)) is amended by adding at the end the following new paragraph: ``(8) Limitation on payments for states covering children of higher income families.-- ``(A) In general.--No payment shall be made under this section for child health assistance provided for a child of a higher income family (as defined in subparagraph (B)) under the State child health plan unless-- ``(i) the family demonstrates that health insurance coverage for the child is-- ``(I) unattainable, in accordance with subparagraph (C); or ``(II) unaffordable, in accordance with subparagraph (D); and ``(ii) the plan permits the family to be provided child health assistance through the form of premium assistance described in subparagraph (E) rather than through Medicaid or otherwise. ``(B) Higher income family.--For purposes of this paragraph, the term `higher income family' means a family the income of which exceeds 200 percent, but does not exceed 300 percent, of the poverty line. ``(C) Unattainability.--For purposes of this paragraph, health insurance coverage shall be treated as unattainable with respect to the child of a higher income family if the family can demonstrate an inability to obtain health insurance coverage for the child (as determined in accordance with standards established by the Secretary). ``(D) Unaffordability.-- ``(i) In general.--For purposes of this paragraph, health insurance coverage shall be treated as unaffordable with respect to the child of a higher income family if the premium for such coverage exceeds the percentage (as determined by the Secretary under clause (ii)) of the adjusted gross income of the family. In applying the previous sentence to family coverage, there shall only be taken into account the portion of such premium that is actuarially attributable to children (as computed for purposes of subparagraph (E)(iii)). ``(ii) Percentage determined.--The Secretary shall determine a percentage under this clause based on factors such as family size, the average premium for health insurance coverage in the private sector for children, and such other factors as the Secretary deems appropriate. ``(E) Premium assistance option.-- ``(i) In general.--The premium assistance option under this subparagraph shall be in the form of payment of premium for a policy that provides health insurance benefits to the child of a higher income family involved. Except as otherwise specifically provided, the State child health plan shall establish standards for such benefits and premium contributions. ``(ii) Treatment.--Payment of premium assistance under this subparagraph shall be treated as child health assistance for purposes of obtaining Federal financial participation under section 2105. ``(iii) Application to family coverage.--In the case of premium assistance under this subparagraph applied to coverage of one or more children under family coverage that covers a parent of such a child or other individuals who are not children, the amount of the premium payment under the option under this subparagraph shall be adjusted to take into account only the portion of the health insurance benefits that are actuarially attributable to such children. ``(F) Exception for currently covered individuals.--Subparagraph (A) shall not apply until October 1, 2011, to children who are enrolled under this part as targeted low-income children as of October 1, 2008.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to State child health plans for payment for items and services furnished on or after October 1, 2008.

Children Come First Act of 2007 - Amends title XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act to prohibit SCHIP payments for children in families with income between 200% and 300% of the poverty line (higher income families) unless: (1) health insurance coverage for the family is demonstrably unattainable or unaffordable; and (2) the state SCHIP plan permits the family to receive child health assistance through specified optional premium assistance rather than through Medicaid or otherwise.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wet Weather Water Quality Act of 2000''. SEC. 2. COMBINED SEWER OVERFLOWS. Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following: ``(q) Combined Sewer Overflows.-- ``(1) Requirement for permits, orders, and decrees.--Each permit, order, or decree issued pursuant to this Act after the date of enactment of this subsection for a discharge from a municipal combined storm and sanitary sewer shall conform to the Combined Sewer Overflow Control Policy signed by the Administrator on April 11, 1994 (in this subsection referred to as the `CSO control policy'), and shall provide for the development and implementation of long-term control plans to meet applicable water quality standards as expeditiously as possible. ``(2) Water quality and designated use review guidance.-- Not later than December 31, 2000, and after providing notice and opportunity for public comment, the Administrator shall issue guidance to facilitate the conduct of water quality and designated use reviews for municipal combined sewer overflow receiving waters. ``(3) Report.--Not later than September 1, 2001, the Administrator shall transmit to Congress a report on the progress made by the Environmental Protection Agency, States, and municipalities in implementing and enforcing the CSO control policy.''. SEC. 3. WET WEATHER PILOT PROGRAM. Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``SEC. 121. WET WEATHER WATERSHED PILOT PROJECTS. ``(a) In General.--The Administrator, in coordination with the States, may provide technical assistance and grants for treatment works to carry out pilot projects relating to the following areas of wet weather discharge control: ``(1) Watershed management of wet weather discharges.--The management of municipal combined sewer overflows, sanitary sewer overflows, and stormwater discharges, on an integrated watershed or subwatershed basis for the purpose of demonstrating the effectiveness of a unified wet weather approach. ``(2) Stormwater best management practices.--The control of pollutants from municipal separate storm sewer systems for the purpose of demonstrating and determining controls that are cost-effective and that use innovative technologies in reducing such pollutants from stormwater discharges. ``(b) Administration.--The Administrator, in coordination with the States, shall provide municipalities participating in a pilot project under this section the ability to engage in innovative practices, including the ability to unify separate wet weather control efforts under a single permit. ``(c) Funding.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2002, $15,000,000 for fiscal year 2003, and $20,000,000 for fiscal year 2004. Such funds shall remain available until expended. ``(2) Stormwater.--The Administrator shall make available not less than 20 percent of amounts appropriated for a fiscal year pursuant to this subsection to carry out the purposes of subsection (a)(2). ``(3) Administrative expenses.--The Administrator may retain not to exceed 4 percent of any amounts appropriated for a fiscal year pursuant to this subsection for the reasonable and necessary costs of administering this section. ``(d) Report to Congress.--Not later than 5 years after the date of enactment of this section, the Administrator shall transmit to Congress a report on the results of the pilot projects conducted under this section and their possible application nationwide.''. SEC. 4. SEWER OVERFLOW CONTROL GRANTS. Title II of the Federal Water Pollution Control Act (33 U.S.C. 1342 et seq.) is amended by adding at the end the following: ``SEC. 220. SEWER OVERFLOW CONTROL GRANTS. ``(a) In General.--In any fiscal year in which the Administrator has available for obligation at least $1,200,000,000 for the purposes of section 601-- ``(1) the Administrator may make grants to States for the purpose of providing grants to a municipality or municipal entity for planning, design, and construction of treatment works to intercept, transport, control, or treat municipal combined sewer overflows and sanitary sewer overflows; and ``(2) subject to subsection (g), the Administrator may make a direct grant to a municipality or municipal entity for the purposes described in paragraph (1). ``(b) Prioritization.--In selecting from among municipalities applying for grants under subsection (a), a State or the Administrator shall give priority to an applicant that-- ``(1) is a municipality that is a financially distressed community under subsection (c); ``(2) has implemented or is complying with an implementation schedule for the 9 minimum controls specified in the CSO control policy referred to in section 402(q)(1) and has begun implementing a long-term municipal combined sewer overflow control plan or a separate sanitary sewer overflow control plan; or ``(3) is requesting a grant for a project that is on a State's intended use plan pursuant to section 606(c). ``(c) Financially Distressed Community.-- ``(1) Definition.--In subsection (b), the term `financially distressed community' means a community that meets affordability criteria established by the State in which the community is located, if such criteria are developed after public review and comment. ``(2) Consideration of impact on water and sewer rates.--In determining if a community is a distressed community for the purposes of subsection (b), the State shall consider, among other factors, the extent to which the rate of growth of a community's tax base has been historically slow such that implementing a plan described in subsection (b)(2) would result in a significant increase in any water or sewer rate charged by the community's publicly owned wastewater treatment facility. ``(3) Information to assist states.--The Administrator may publish information to assist States in establishing affordability criteria under paragraph (1). ``(d) Cost Sharing.--The Federal share of the cost of activities carried out using amounts from a grant made under subsection (a) shall be not less than 55 percent of the cost. The non-Federal share of the cost may include, in any amount, public and private funds and in-kind services, and may include, notwithstanding section 603(h), financial assistance, including loans, from a State water pollution control revolving fund. ``(e) Administrative Reporting Requirements.--If a project receives grant assistance under subsection (a) and loan assistance from a State water pollution control revolving fund and the loan assistance is for 15 percent or more of the cost of the project, the project may be administered in accordance with State water pollution control revolving fund administrative reporting requirements for the purposes of streamlining such requirements. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $750,000,000 for each of fiscal years 2002 and 2003. Such sums shall remain available until expended. ``(g) Allocation of Funds.-- ``(1) Fiscal year 2002.--Subject to subsection (h), the Administrator shall use the amounts appropriated to carry out this section for fiscal year 2002 for making grants to municipalities and municipal entities under subsection (a)(2), in accordance with the criteria set forth in subsection (b). ``(2) Fiscal year 2003.--Subject to subsection (h), the Administrator shall use the amounts appropriated to carry out this section for fiscal year 2003 as follows: ``(A) Not to exceed $250,000,000 for making grants to municipalities and municipal entities under subsection (a)(2), in accordance with the criteria set forth in subsection (b). ``(B) All remaining amounts for making grants to States under subsection (a)(1), in accordance with a formula to be established by the Administrator, after providing notice and an opportunity for public comment, that allocates to each State a proportional share of such amounts based on the total needs of the State for municipal combined sewer overflow controls and sanitary sewer overflow controls identified in the most recent survey conducted pursuant to section 516(b)(1). ``(h) Administrative Expenses.--Of the amounts appropriated to carry out this section for each fiscal year-- ``(1) the Administrator may retain an amount not to exceed 1 percent for the reasonable and necessary costs of administering this section; and ``(2) the Administrator, or a State, may retain an amount not to exceed 4 percent of any grant made to a municipality or municipal entity under subsection (a), for the reasonable and necessary costs of administering the grant. ``(i) Reports.--Not later than December 31, 2003, and periodically thereafter, the Administrator shall transmit to Congress a report containing recommended funding levels for grants under this section. The recommended funding levels shall be sufficient to ensure the continued expeditious implementation of municipal combined sewer overflow and sanitary sewer overflow controls nationwide.''. SEC. 5. INFORMATION ON CSOS AND SSOS. (a) Report to Congress.--Not later than 3 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall transmit to Congress a report summarizing-- (1) the extent of the human health and environmental impacts caused by municipal combined sewer overflows and sanitary sewer overflows, including the location of discharges causing such impacts, the volume of pollutants discharged, and the constituents discharged; (2) the resources spent by municipalities to address these impacts; and (3) an evaluation of the technologies used by municipalities to address these impacts. (b) Technology Clearinghouse.--After transmitting a report under subsection (a), the Administrator shall maintain a clearinghouse of cost-effective and efficient technologies for addressing human health and environmental impacts due to municipal combined sewer overflows and sanitary sewer overflows.

Authorizes the Administrator to provide technical assistance and grants for treatment works to carry out pilot projects relating to specified areas of wet weather discharge control. Authorizes appropriations. Permits the Administrator, in any fiscal year in which at least $1.2 billion is available for grants to States for water pollution control revolving funds, to make grants to States or municipalities for planning, design, and construction of treatment works to intercept, transport, control, or treat municipal CSO and sanitary sewer overflows. Gives priority for grants to certain applicants, including municipalities that are financially distressed communities. Requires the Federal share of the cost of activities funded by such grants to be at least 55 percent. Authorizes and allocates appropriations. Requires the Administrator to report periodically to Congress on the recommended funding levels for such grants. Directs the Administrator to report to Congress on: (1) the extent of health and environmental impacts caused by municipal CSO and sanitary sewer overflows; and (2) the resources spent, and technologies used, by municipalities to address such impacts. Requires the Administrator to maintain a clearinghouse of technologies for addressing such impacts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Options Act of 2017''. SEC. 2. PREMIUM ASSISTANCE CREDIT ALLOWED FOR INSURANCE OUTSIDE AN EXCHANGE. (a) In General.--Section 36B of the Internal Revenue Code of 1986 is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: ``(g) Special Rules Relating to Certain Off-Exchange Plans.-- ``(1) In general.--In the case of a taxpayer described in paragraph (2) who is covered, or whose spouse or dependent is covered, by a plan described in paragraph (3) for a coverage month beginning after December 31, 2017, and before January 1, 2020, this section shall be applied with the following modifications: ``(A) Such plan shall be treated as a qualified health plan. ``(B) Subparagraph (A) of subsection (b)(2) shall be applied without regard to so much of such subparagraph as follows `of the taxpayer' and precedes `, or'. ``(C) Clause (i) of subsection (b)(3)(B) shall be applied by substituting `through an Exchange' for `through the same Exchange through which the qualified health plans taken into account under paragraph (2)(A) were offered'. ``(D) Clause (i) of subsection (c)(2)(A) shall be applied without regard to so much of such clause as follows `(b)(2)(A)' and precedes `, and'. ``(E) Subsection (d)(3)(B) shall be applied without regard to `through an Exchange'. ``(2) Taxpayer described.--For purposes of this subsection, a taxpayer is described in this paragraph if the taxpayer resides in a rating area or county in which the Secretary of Health and Human Services certifies that no qualified health plans are offered through an Exchange established under Section 1311 of the Patient Protection and Affordable Care Act. ``(3) Plans described.--For purposes of this subsection, a plan is described in this paragraph if-- ``(A) enrollment in the plan was not done through an Exchange, and ``(B) the plan is authorized by the State in which the taxpayer resides to be offered in the individual market in the State other than through an Exchange, or is a not-for-profit membership organization organized under State law and authorized under State law to accept member contributions to fund health care benefits for members and their families.''. (b) Off-Exchange Plans Excluded From Advance Payments.--Section 1412 of the Patient Protection and Affordable Care Act (42 U.S.C. 18082) is amended by adding at the end the following new subsection: ``(f) Nonapplication to Off-Exchange Plans.--This section and section 1411 shall not apply, and no advance determination or advance payment shall be made, in the case of an individual enrolling in a plan described in section 36B(g)(3) of the Internal Revenue Code of 1986.''. (c) Reporting.--Subsection (b) of section 6055 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Information relating to off-exchange coverage.--If minimum essential coverage provided to an individual under subsection (a) consists of coverage described in section 36B(g)(3), a return described in this subsection for taxable years beginning before January 1, 2020, shall include-- ``(A) a statement that such plan is coverage not enrolled in through an Exchange, ``(B) the premiums paid with respect to such coverage, ``(C) the months during which such coverage is provided to the individual, ``(D) the adjusted monthly premium for the applicable second lowest cost silver plan (as defined in section 36B(b)(3), determined without regard to whether such plan is offered through an Exchange if the Secretary of Health and Human Services has made the determination under section 36B(g)(2) with respect to the rating area) for each such month with respect to such individual, and ``(E) such other information as the Secretary may prescribe.''. (d) Waiver of Individual Mandate in Areas With No Exchange Plans.-- (1) In general.--Paragraph (1) of section 5000A(d) of the Internal Revenue Code of 1986 is amended by striking ``or (4)'' and inserting ``(4), or (5)''. (2) Individuals residing in exempted areas.--Subsection (d) of section 5000A of such Code is amended by adding at the end the following new paragraph: ``(5) Individuals residing in exempted areas.--For purposes of months beginning after December 31, 2017, and before January 1, 2020, such term shall not include an individual who resides in a rating area or county in which the Secretary of Health and Human Services certifies for purposes of section 36B(g)(2) that no qualified health plans are offered through an Exchange established under Section 1311 of the Patient Protection and Affordable Care Act.''. (e) Effective Date.--The amendments made by this section shall apply to taxable and plan years beginning after December 31, 2017.

Health Care Options Act of 2017 This bill amends the Internal Revenue Code to temporarily permit certain individuals to use the premium assistance tax credit to purchase health insurance outside of an exchange established under the Patient Protection and Affordable Care (PPACA). The bill applies to individuals who reside in a rating area or county that the Department of Health and Human Services has certified has no qualified health plans offered through an exchange established under PPACA. Individuals residing in the areas or counties may use the premium assistance tax credit through 2019 to enroll in a plan outside of an exchange if the plan is: (1) authorized by the state in which the taxpayer resides to be offered in the individual market, or (2) is a not-for-profit membership organization that is organized and authorized under state law to accept member contributions to fund health care benefits for members and their families. The bill prohibits advance payments of the credit from being made with respect to the off-exchange plans and specifies reporting requirements for the plans. Through 2019, the bill also exempts the individuals residing in the counties or areas from the requirement to maintain minimum essential health coverage (commonly referred to as the individual mandate).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commuter Bill of Rights Act of 2010''. SEC. 2. DEFINITIONS. For purposes of this Act the following definitions apply: (1) Eligible recipient.--The term ``eligible recipient'' means a provider of public transportation. (2) Public transportation.--The term ``public transportation'' means transportation by a conveyance that provides regular and continuing general or special transportation to the public, but does not include schoolbus, charter, sightseeing, or intercity bus transportation or intercity passenger rail transportation provided by the entity described in chapter 243 (or a successor to such entity). (3) Secretary.--The term ``Secretary'' means the Secretary of Transportation. SEC. 3. COMMUTER TRANSIT RIGHTS COMMISSION. (a) Establishment.--There is established an independent commission to be known as the ``Commuter Transit Rights Commission'' (hereinafter in this Act referred to as the ``Commission''). (b) Duties of the Commission.--The duties of the Commission shall be-- (1) to evaluate current Federal rules and regulations on commuter safety in emergency situations that govern transit providers; (2) to evaluate contingency plans that transit providers use across the United States and identify best practices; and (3) to make recommendations to the Secretary of Transportation (referred to in this Act as the ``Secretary'') pursuant to subsection (h). (c) Membership.-- (1) Number and appointment.--Not later than 60 days after the date of enactment of this Act, the Commission, which shall be composed of 12 members, shall be appointed by the Secretary as follows: (A) 2 members shall be commuters of public transportation. (B) 2 members shall be experts in rail safety. (C) 2 members shall be experts in water transportation. (D) 2 members shall be employees of State transportation agencies. (E) 2 members shall be experts in passenger safety. (F) 2 members shall be experts in emergency medicine. (2) Restriction.--No employee of the Department of Transportation may serve as a member of the Commission. (3) Chairperson.--The Chairperson of the Commission shall be elected by the members at the initial meeting. (d) Terms.-- (1) In general.--Each member shall be appointed for the life of the commission. (2) Vacancies.--A vacancy on the Commission shall be filled in the same manner as the original appointment. (3) Pay and travel expenses.-- (A) Pay.--Except as provided in subparagraph (C), each member of the Commission shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day, including travel time, during which he or she is engaged in the actual performance of duties vested in the Commission. (B) Travel expenses.--Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. (C) Prohibition of compensation of federal employees.--Members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (e) Meetings.-- (1) Initial meeting.--Not later than 30 days after the date on which all members of the Commission are appointed, the Commission shall hold its first meeting. (2) Subsequent meetings.--The commission shall meet monthly at the call of the Chairperson. (3) Quorum.--A majority of the Commission shall constitute a quorum but a lesser number may hold hearings. (f) Staff.--The Chairperson may appoint and fix the pay of additional personnel as the Chairperson considers appropriate. (g) Powers of the Commission.-- (1) Hearings and sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) Powers of members and agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (h) Recommendations.-- (1) Commuter bill of rights.--Not later than 160 days after its initial meeting, the Commission shall make recommendations to the Secretary that shall be known as the ``Commuter Bill of Rights''. The Commuter Bill of Rights shall include the following: (A) A list of situations in which a provider of public transportation shall implement its contingency plan. (B) Recommendations for the minimum standards that a contingency plan of a provider of public transportation must meet, including the following: (i) Provision of food, water, restrooms, ventilation, and medical services. (ii) Distribution of critical information to commuters on a disabled or delayed train or other transit vehicle, including a time frame for when commuters will be permitted to exit such disabled or delayed transit vehicle and how such commuters will be redirected to their final destinations in a timely manner. (C) Recommendations for Federal regulations on commuter safety in an emergency situation. (2) Procedure.--A majority of the Commission shall approve each recommendation before it is included in the Commuter Bill of Rights and submitted to the Secretary. (3) Supplemental report.--The Commission shall submit a supplemental report to the Secretary along with the Commuter Bill of Rights that contains all of the recommendations that the Commission considered, including those recommendations that did not receive a majority vote for inclusion in the Commuter Bill of Rights. (i) Termination.--The Commission shall terminate on the date that the Commission submits the Commuter Bill of Rights and supplemental report to the Secretary under subsection (h). SEC. 4. GRANT PROGRAM. (a) Authorization of Grant Program.--The Secretary may provide grants on a competitive basis to providers of public transportation to develop and implement contingency plans that fulfill the Commuter Bill of Rights. (b) Application.-- (1) In general.--To be eligible to receive a grant under this section, an eligible recipient shall submit an application not later than 90 days after the Secretary has issued a notice of availability at such time and in such manner as the Secretary may reasonably require. (2) Contingency plan implementation.--An eligible recipient shall include in its application a cost estimate of implementing the contingency plan to fulfill the Consumer Bill of Rights. (3) Certification.--When submitting an application, a provider of public transportation shall certify to the Secretary that the provider will implement its contingency plan not later than 90 days after receiving a grant under this section. (d) Amount of Grants.--An eligible recipient may only receive one grant under this section. The amount of such grant shall be the greater of $50,000 or 50 percent of the total amount of costs estimated in implementing the Commuter Bill of Rights as determined by the Secretary. SEC. 5. DUTIES OF THE SECRETARY. (a) In General.--The Secretary shall review the Commuter Bill of Rights submitted by the Commission under section 3 and issue regulations to require providers of public transportation to comply with the standards recommended by the Commuter Bill of Rights. (b) Federal Policies.--The Secretary shall use the Bill of Rights as recommended by the Commission to develop federal policies that will require compliance with the Bill of Rights by commuter transit providers. Such policies shall include-- (1) a requirement for providers of public transportation to submit for approval by the Secretary a proposed contingency plan meeting minimum standards according to the Bill of Rights; (2) a requirement that contingency plans be reviewed and updated as necessary and re-submitted to the Secretary every 5 years; and (3) a requirement that providers of public transportation comply with the final rule issued pursuant to subsection (a) not later than 180 days after the rule is issued under subsection (a). (c) Penalties and Sanctions.--The Secretary may assess appropriate penalties or sanctions for non-compliance as determined by the Secretary against providers of public transportation who fail to submit, obtain approval of, or adhere to its contingency plan. (d) Bill of Rights to Congress.--When the Secretary receives the Consumer Bill of Rights from the Committee, the Secretary shall forward a copy of such bill of rights to Congress. (e) Consumer Hotline.--The Secretary shall establish a consumer hotline telephone number for public transportation complaints in which the Secretary responds to consumer complaints not later than 30 days after submission of a complaint. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary, such sums as may be necessary to carry out this Act, to remain available until expended.

Commuter Bill of Rights Act of 2010 - Establishes the Commuter Transit Rights Commission. Requires the Commission to make recommendations to the Secretary of Transportation in the form of a Commuter Bill of Rights which includes: (1) a list of situations in which a provider of public transportation will implement its contingency plan during an emergency; (2) recommendations for minimum standards that a plan must meet, including the provision of food, water, restrooms, ventilation, and medical services, as well as the distribution of certain critical information to commuters on a disabled or delayed train or other transit vehicle; and (3) recommendations for federal regulations on commuter safety during emergencies. Authorizes the Secretary to provide competitive grants to providers of public transportation to develop and implement contingency plans that fulfill the Bill of Rights. Requires the Secretary to review the Bill of Rights and issue regulations to require providers of public transportation to comply with the Bill's recommended standards. Requires the Secretary to use the Bill of Rights to develop related federal policies. Authorizes the Secretary to assess penalties or sanctions against providers of public transportation who fail to submit, obtain approval of, or adhere to its contingency plan. Requires the Secretary to establish a consumer hotline telephone number for public transportation complaints.

SECTION 1. INCREASE IN DEPENDENT CARE CREDIT; CREDIT ALLOWED FOR RESPITE CARE EXPENSES. (a) In General.--So much of section 21 of the Internal Revenue Code of 1986 (relating to expenses for household and dependent care services necessary for gainful employment) as precedes subsection (e) is amended to read as follows: ``SEC. 21. DEPENDENT CARE SERVICES. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual who maintains a household which includes as a member 1 or more qualifying individuals, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the sum of-- ``(A) the employment-related expenses paid by such individual during the taxable year, plus ``(B) the respite care expenses paid by such individual during the taxable year. ``(2) Applicable percentage defined.-- ``(A) In general.--For purposes of paragraph (1), the term `applicable percentage' means 50 percent reduced (but not below 20 percent) by 1 percentage point for each full $1,000 by which the taxpayer's adjusted gross income for the taxable year exceeds $15,000. ``(B) Cost-of-living adjustment.--In the case of any taxable year beginning in a calendar year after 1997, the $15,000 amount contained in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins by substituting `calendar year 1996' for `calendar year 1992' in subparagraph (B) thereof. If any increase determined under the preceding sentence is not a multiple of $10, such increase shall be rounded to the nearest multiple of $10. ``(b) Employment-Related Expenses.--For purposes of this section-- ``(1) Determination of eligible expenses.-- ``(A) In general.--The term `employment-related expenses' means amounts paid for the following expenses, but only if such expenses are incurred to enable the taxpayer to be gainfully employed for any period for which there are 1 or more qualifying individuals with respect to the taxpayer: ``(i) expenses for household services, and ``(ii) expenses for the care of a qualifying individual. Such term shall not include any amount paid for services outside the taxpayer's household at a camp where the qualifying individual stays overnight and shall not include any respite care expense taken into account under subsection (a). ``(B) Exception.--Employment-related expenses described in subparagraph (A) which are incurred for services outside the taxpayer's household shall be taken into account only if incurred for the care of-- ``(i) a qualifying individual described in subsection (d)(1), or ``(ii) a qualifying individual (not described in subsection (d)(1)) who regularly spends at least 8 hours each day in the taxpayer's household. ``(C) Dependent care centers.--Employment-related expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer's household by a dependent care center (as defined in subparagraph (D)) shall be taken into account only if-- ``(i) such center complies with all applicable laws and regulations of a State or unit of local government, and ``(ii) the requirements of subparagraph (B) are met. ``(D) Dependent care center defined.--For purposes of this paragraph, the term `dependent care center' means any facility which-- ``(i) provides care for more than 6 individuals (other than individuals who reside at the facility), and ``(ii) receives a fee, payment, or grant for providing services for any of the individuals (regardless of whether such facility is operated for profit). ``(2) Dollar limit on amount creditable.-- ``(A) In general.--The amount of the employment- related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(i) $2,400 if there is 1 qualifying individual with respect to the taxpayer for such taxable year, or ``(ii) $4,800 if there are 2 or more qualifying individuals with respect to the taxpayer for such taxable year. The amount determined under clause (i) or (ii) (whichever is applicable) shall be reduced by the aggregate amount excludable from gross income under section 129 for the taxable year. ``(B) Reduction in limit for amount of respite care expenses.--The limitation of subparagraph (A) shall be reduced by the amount of the respite care expenses taken into account by the taxpayer under subsection (a) for the taxable year. ``(3) Earned income limitation.-- ``(A) In general.--Except as otherwise provided in this paragraph, the amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(i) in the case of an individual who is not married at the close of such year, such individual's earned income for such year, or ``(ii) in the case of an individual who is married at the close of such year, the lesser of such individual's earned income or the earned income of his spouse for such year. ``(B) Special rule for spouse who is a student or incapable of caring for himself.--In the case of a spouse who is a student or a qualified individual described in subsection (d)(3), for purposes of subparagraph (A), such spouse shall be deemed for each month during which such spouse is a full-time student at an educational institution, or is such a qualifying individual, to be gainfully employed and to have earned income of not less than-- ``(i) $200 if paragraph (2)(A)(i) applies for the taxable year, or ``(ii) $400 if paragraph (2)(A)(ii) applies for the taxable year. In the case of any husband and wife, this subparagraph shall apply with respect to only one spouse for any one month. ``(c) Respite Care Expenses.--For purposes of this section-- ``(1) In general.--The term `respite care expenses' means expenses paid (whether or not to enable the taxpayer to be gainfully employed) for-- ``(A) the care of a qualifying individual-- ``(i) who has attained the age of 13, or ``(ii) who is under the age of 13 but has a physical or mental impairment which results in the individual being incapable of caring for himself, during any period when such individual regularly spends at least 8 hours each day in the taxpayer's household, or ``(B) care (for not more than 14 days during the calendar year) of a qualifying individual described in subparagraph (A) during any period during which the individual does not regularly spend at least 8 hours each day in the taxpayer's household. ``(2) Dollar limit.--The amount of the respite care expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(A) $1,200 if such expenses are incurred with respect to only 1 qualifying individual for the taxable year, or ``(B) $2,400 if such expenses are incurred for 2 or more qualifying individuals for such taxable year. ``(d) Qualifying Individual.--For purposes of this section, the term `qualifying individual' means-- ``(1) a dependent of the taxpayer who is under the age of 13 and with respect to whom the taxpayer is entitled to a deduction under section 151(c), ``(2) a dependent of the taxpayer who is physically or mentally incapable of caring for himself, or ``(3) the spouse of the taxpayer, if he is physically or mentally incapable of caring for himself.'' (b) Technical and Conforming Amendments.-- (1) Paragraph (5) of section 21(e) of such Code is amended by striking ``subparagraph (A) or (B) of subsection (b)(1)'' and inserting ``paragraph (1) or (2) of subsection (d)''. (2) Paragraph (2) of section 129(b) of such Code is amended by striking ``section 21(d)(2)'' and inserting ``section 21(b)(3)(B)''. (3) Paragraph (1) of section 129(e) of such Code is amended by striking ``under section 21(b)(2) (relating to expenses for household and dependent care services necessary for gainful employment)'' and inserting ``or respite care services under section 21 (relating to dependent care services)''. (4) Subparagraph (H) of section 6213(g)(2) of such Code is amended by striking ``section 21 (related to expenses for household and dependent care services necessary for gainful employment)'' and inserting ``section 21 (relating to dependent care services)''. (5) The item relating to section 21 in the table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended to read as follows: ``Sec. 21. Dependent care services.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996.

Amends the Internal Revenue Code to increase the income tax credit for employment-related dependent care expenses. Adds respite care expenses to the credit's scope.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Fuels Act of 2012''. SEC. 2. DEFINITIONS. In this Act: (1) Covered entity.--The term ``covered entity'' means-- (A) any entity engaged in the design, manufacture, sale, or distribution of any qualified product, blend stock, or component of any qualified product; or (B) any entity engaged in the design, manufacture, sale, or distribution of any motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment. (2) Motor vehicle.--The term ``motor vehicle'' has the meaning given the term in section 216 of the Clean Air Act (42 U.S.C. 7550). (3) Motor vehicle engine.--The term ``motor vehicle engine'' means an engine in a motor vehicle. (4) Nonroad engine.--The term ``nonroad engine'' has the meaning given the term in section 216 of the Clean Air Act (42 U.S.C. 7550). (5) Nonroad equipment.--The term ``nonroad equipment'' means any recreational, construction, industrial, agricultural, logging, residential, commercial lawn and garden, or other equipment that incorporates a nonroad engine. (6) Nonroad vehicle.--The term ``nonroad vehicle'' has the meaning given the term in section 216 of the Clean Air Act (42 U.S.C. 7550). (7) Person.--The term ``person'' has the meaning given the term in section 1 of title 1, United States Code, except that the term includes any governmental entity. (8) Qualified civil liability action.--The term ``qualified civil liability action'' means any civil action or proceeding brought by any person against a covered entity for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or other relief, resulting from the introduction of any qualified product into any motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment. (9) Qualified product.--The term ``qualified product'' means-- (A) any transportation fuel or transportation fuel additive that is registered, or for which an updated registration is accepted, for introduction into interstate commerce by the Administrator of the Environmental Protection Agency under section 211(b) of the Clean Air Act (42 U.S.C. 7545(b)) or any other Federal law enacted on or after October 13, 2010; or (B) a transportation fuel or transportation fuel additive that-- (i) contains any renewable fuel (as defined in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1))); and (ii) is designated for introduction into interstate commerce by the Administrator of the Environmental Protection Agency or the Secretary of Energy under the Clean Air Act (42 U.S.C. 7401 et seq.), the Energy Policy Act of 1992 (42 U.S.C. 13201 et seq.), or any other Federal law enacted on or after October 13, 2010. (10) State.--The term ``State'' means-- (A) each of the several States of the United States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. SEC. 3. FUEL COMPATIBILITY. (a) Compatibility.--Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 9001 et seq.) is amended-- (1) by redesignating section 9014 as section 9015; and (2) by inserting after section 9013 the following: ``SEC. 9014. COMPATIBILITY. ``(a) Definitions.--In this section: ``(1) Associated dispensing equipment.--The term `associated dispensing equipment' means equipment that is-- ``(A) for the storage and dispensing of any fuel or fuel additive described in subsection (b)(3) at a stationary facility that dispenses the fuel or fuel additive into any fuel tank of any motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment; and ``(B) subject to regulation under sections 1910.106 and 1926.152 of title 29, Code of Federal Regulations (as in effect on the date of enactment of the Domestic Fuels Act of 2012). ``(2) Compatible.--The term `compatible' has the meaning given the term in section 280.12 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the Domestic Fuels Act of 2012). ``(3) Provider of financial assurance.--The term `provider of financial assurance' has the meaning given the term in section 280.92 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the Domestic Fuels Act of 2012). ``(4) Underground storage tank.--The term `underground storage tank' has the meaning given the term in section 280.12 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the Domestic Fuels Act of 2012). ``(5) Underground storage tank system.--The term `underground storage tank system' means an underground storage tank, connected underground piping, underground ancillary equipment, and containment system, if any. ``(b) Compatibility With Fuels.-- ``(1) Liability.--No person shall be liable under any provision of this Act or any other Federal, State, or local law, including common law, because any underground storage tank, underground storage tank system, or associated dispensing equipment that stores or dispenses any fuel or fuel additive described in paragraph (3)(A) is not compatible with the fuel or fuel additive if the tank, system, or equipment has been determined to be compatible with the fuel or fuel additive under the guidelines or regulations described in paragraph (3). ``(2) Financial assurance.--A provider of financial assurance shall not deny payment for any claim on the basis that any underground storage tank, underground storage tank system, or associated dispensing equipment that stores or dispenses any fuel or fuel additive described in paragraph (3)(A) is not compatible with the fuel or fuel additive if the tank, system, or equipment has been determined to be compatible with the fuel or fuel additive under the guidelines or regulations described in paragraph (3). ``(3) Guidelines and regulations.-- ``(A) In general.--Paragraph (1) applies to any underground storage tank and underground storage tank system that meets any guidance or regulation, which may be revised under subparagraph (B), issued by the Administrator existing on the date of enactment of the Domestic Fuels Act of 2012 addressing compatibility of such tanks or systems with any fuel or fuel additive that is authorized and registered, or for which an updated registration is accepted, by the Administrator or under any Federal law, for use in a motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment. ``(B) Regulations.-- ``(i) In general.--Not later than 1 year after the date of enactment of the Domestic Fuels Act of 2012, the Administrator shall promulgate, or if applicable revise, regulations setting standards for determining whether any underground storage tank, underground storage tank system, and associated dispensing equipment is compatible with any fuel or fuel additive that is authorized and registered, or for which an updated registration is accepted, by the Administrator or under any Federal law for use in a motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment. ``(ii) Minimum standards.--Regulations promulgated under subparagraph (B) shall include minimum standards and processes for certification by the Administrator, owner, operator, manufacturer, or any other entity identified by the Administrator to ensure compatibility. ``(4) Underground storage tanks, underground storage tank systems, and associated dispensing equipment previously listed as compatible.--Any underground storage tank, underground storage tank system, or associated dispensing equipment that, as of the date of enactment of the Domestic Fuels Act of 2012, has been listed by a nationally recognized testing laboratory as compatible with a fuel or fuel additive described in paragraph (3) shall be compatible under the regulations issued under this subsection. ``(5) Administration.--Nothing in this section affects-- ``(A) the introduction into commerce, offering for sale, or sale of any fuel or fuel additive; or ``(B) any applicable requirement, including any requirement under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)).''. (b) Conforming Amendments.--The Solid Waste Disposal Act is amended-- (1) in section 9003(h)(12)(A) (42 U.S.C. 6991b(h)(12)(A)), by striking ``section 9014(2)(B)'' and inserting ``section 9015(2)(B)''; (2) in section 9004(f)(1)(A) (42 U.S.C. 6991c(f)(1)(A)), by striking ``section 9014(2)(A)'' and inserting ``section 9015(2)(A)''; and (3) in section 9011 (42 U.S.C. 6991j), by striking ``section 9014(2)(D)'' and inserting ``section 9015(2)(D)''. (c) Table of Contents.--The table of contents contained in section 1001 of the Solid Waste Disposal Act (42 U.S.C. 6901) is amended by striking the item relating to section 9014 and inserting the following: ``Sec. 9014. Compatibility. ``Sec. 9015. Authorization of Appropriations.''. SEC. 4. MISFUELING. (a) In General.--Section 211(g) of the Clean Air Act (42 U.S.C. 7545(g)) is amended by adding at the end the following: ``(3) Regulations.-- ``(A) Definitions.--In this paragraph: ``(i) Associated dispensing equipment.--The term `associated dispensing equipment' has the meaning given the term in section 9014(a) of the Solid Waste Disposal Act. ``(ii) Transportation fuel.--The term `transportation fuel' means any fuel that contains fuel or fuel additive that is authorized after January 1, 2010, by the Administrator or under any Federal law, for use in any motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment. ``(B) Liability.-- ``(i) In general.--Except as provided in clause (ii), no person shall be liable under any provision of this Act or any Federal, State, or local law, including common law, if-- ``(I) a self-service purchaser introduces any transportation fuel into any motor vehicle, motor vehicle engine, nonroad vehicle, or nonroad equipment for which the fuel has not been approved under subsection (f); or ``(II) the introduction of any transportation fuel voids the warranty of the manufacturer of the motor vehicle, motor vehicle engine, nonroad engine, nonroad vehicle, or nonroad equipment. ``(ii) Exceptions.--Clause (i) shall not apply to-- ``(I) a person who sells any transportation fuel and does not comply with the misfueling regulations adopted by the Administrator under section 80.1501 of title 40, Code of Federal Regulations (or successor regulation); or ``(II) a person who intentionally misfuels.''. (b) Penalties.--Section 211(d) of the Clean Air Act (42 U.S.C. 7545(d)) is amended-- (1) in paragraph (1), in the first sentence, by inserting ``(g),'' after ``or the regulations prescribed under subsection (c),''; and (2) in paragraph (2), in the first sentence, by inserting ``(g),'' after ``of the regulations prescribed under subsections (c),''. SEC. 5. QUALIFIED CIVIL LIABILITY ACTIONS IN FEDERAL COURT AND STATE COURT. (a) In General.--No qualified civil liability action shall be filed or maintained in any court of the United States or any State court. (b) Dismissal of Pending Actions.--Any qualified civil liability action pending in any court of the United States or any State court on or after the date of enactment of this Act shall be dismissed with prejudice. SEC. 6. SAFE HARBOR. Notwithstanding any other provision of Federal, State, or local law, including common law, no qualified product, blend stock, or component of a qualified product shall be considered to be a defective product, if the qualified product does not violate a control or prohibition with respect to any characteristic or component of the qualified product imposed by the Administrator of the Environmental Protection Agency under section 211 of the Clean Air Act (42 U.S.C. 7545).

Domestic Fuels Act of 2012 - Amends the Solid Waste Disposal Act to provide that no person shall be liable under any federal, state, or local law, and no provider of financial assurance may deny payment for a claim, because an underground storage tank, underground storage tank system, or associated dispensing equipment at a stationary facility is not compatible with any fuel or fuel additive for use in a motor vehicle, nonroad vehicle, or engine if such tank or equipment has been determined to be compatible pursuant to the guidelines and regulations issued under this Act. Directs the Administrator of the Environmental Protection Agency (EPA) to issue regulations setting standards for determining whether underground storage tanks and systems and associated dispensing equipment are compatible with any fuel or fuel additive that is authorized and registered by the Administrator or by statute for use in a motor vehicle or engine or nonroad vehicle, engine, or equipment. Deems tanks, systems, and equipment that have been listed by a nationally recognized testing laboratory as compatible with such a fuel or fuel additive as of the date of enactment of this Act to be compatible under such regulations. Amends the Clean Air Act to prohibit a person selling such fuel who complies with such regulations from being liable under any federal, state, or local law if: (1) a self-service purchaser introduces any such fuel into a vehicle, engine, or equipment for which the fuel has not been approved under such Act; or (2) the introduction of any such fuel voids the warranty of the manufacturer of such vehicles, engines, or equipment. Excludes from such protection: (1) a person who sells a transportation fuel and does not comply with the misfueling regulations adopted by the Administrator, and (2) a person who intentionally misfuels. Prohibits filing or maintaining in any U.S. or state court any civil action or proceeding against an entity engaged in the design, manufacture, sale, or distribution of any qualified product, component thereof, or blend stock or of any motor vehicle, engine, or nonroad equipment for damages, abatement, restitution, fines, penalties, or other relief resulting from the introduction of any such product into a motor vehicle, engine, or nonroad equipment. Requires pending actions to be dismissed with prejudice. Defines a "qualified product" as any transportation fuel or fuel additive that is registered under federal law or any transportation fuel or fuel additive that contains renewable fuel and that is designated for introduction into interstate commerce under federal law. Prohibits a qualified product, any component of such product, or any blend stock from being considered a defective product if it does not violate a control or prohibition with respect to any of its characteristics or components imposed by the Administrator under the Clean Air Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Emergency Relief Act of 2001''. SEC. 2. LOANS FOR DISASTER OF SEPTEMBER 11, 2001. (a) In General.--The Administrator of the Small Business Administration may make loans under section 7(b) of the Small Business Act (15 U.S.C. 636(b)) to small business concerns and other entities made eligible under subsection (b) that were injured as a result of the terrorist attacks against the United States that occurred on September 11, 2001. (b) Special Rules.--Notwithstanding the requirements of section 7(b) of the Small Business Act (15 U.S.C. 636(b)), the following special rules apply to loans described in subsection (a): (1) Purpose of loans.--The Administrator may make such loans for-- (A) repair, rehabilitation, refinancing, or replacement of damaged or destroyed real or personal property; and (B) any economic injury. (2) Interest rate.--The Administrator may charge interest on any such loan. Such charge may not exceed a rate of 4 percent per year. (3) Amount of loans.--For the purpose of such loans, if the Administrator considers it necessary or appropriate, the Administrator may waive the $1,500,000 limitation on the total amount that can be outstanding and committed to a concern under section 7(b) of the Small Business Act (15 U.S.C. 636(b)). (4) Credit elsewhere.--The Administrator may make such loans without regard to the ability of a small business concern to obtain credit elsewhere. (5) Waiver of size standards.--For the purpose such loans, if the Administrator determines it to be necessary or appropriate, the Administrator may waive any size standard established under section 3(a)(2) of the Small Business Act (15 U.S.C. 632(a)(2)) with respect to a business concern that does not exceed 150 percent (or, in the case of a financial institution, 200 percent) of each size standard applicable to such concern. (6) Charitable organizations.--The Administrator may make such a loan to any charitable organization as the Administrator determines necessary or appropriate. (c) Termination.--The Administrator may not make a loan pursuant to the special rules of this section after the end of the 1-year period beginning on the date of the enactment of this Act. SEC. 3. LOAN FORGIVENESS. (a) In General.--Upon application by a small business concern which is the recipient of a loan made under the Small Business Act (15 U.S.C. 631 et seq.) and which has suffered a substantial economic injury as a result of the terrorist attacks against the United States that occurred on September 11, 2001, the Administrator may undertake all or part of the small business concern's obligation to make the required payments under such loan, or may forgive all or part of such obligation if the loan was a direct loan made by the Administrator, if, and to the extent that, the Administrator considers such undertaking or forgiveness to be necessary or appropriate. (b) Termination.--The Administrator may not forgive or undertake any loan under subsection (a) after the end of the 1-year period beginning on the date of the enactment of this Act. SEC. 4. PROHIBITION ON SALE OF DISASTER LOANS. Section 4 of the Small Business Act (15 U.S.C. 633) is amended by adding at the end the following: ``(g) Prohibition on Sale of Disaster Loans.--The Administrator may not sell any portion of the Administration's interest in, or the rights of the Administration with respect to, any loan made directly or through immediate participation under section 7(b), including by direct sale, through the sale of loan participations, or by including such loans in a pool of assets for the purpose of selling asset-backed securities.''. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (2) Charitable organization.--The term ``charitable organization'' means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986. (3) Credit elsewhere.--The term ``credit elsewhere'' has the meaning given such term in section 3(h) of the Small Business Act (15 U.S.C. 632(h)). (4) Small business concern.--The term ``small business concern'' has the meaning given such term in section 3(a) of the Small Business Act (15 U.S.C. 632(a)). (5) Substantial economic injury.--The term ``substantial economic injury'' has the meaning given such term in section 7(b)(3)(A)(iii) of the Small Business Act (15 U.S.C. 636(b)(3)(A)(iii)).

Small Business Emergency Relief Act of 2001 Authorizes the Administrator of the Small Business Administration to make disaster loans to small business concerns and other eligible entities that were injured as a result of the September 11, 2001, terrorists attacks. Makes such loans available for repair, rehabilitation, refinancing, or replacement of damaged or destroyed real or personal property and any economic injury. Includes charitable organizations among those eligible for such loans.Authorizes the Administrator to forgive or undertake obligations under loans already made under the Small Business Act to recipients which have suffered substantial economic injury as a result of the September 11, 2001, terrorist attacks.Amends the Small Business Act to prohibit the sale of disaster loans.

SECTION 1. PURPOSES. Section 4301(a)(2) of title 38, United States Code, is amended by striking ``under honorable conditions''. SEC. 2. DEFINITIONS. Section 4303 of title 38, United States Code, is amended-- (1) in paragraph (2), by striking ``work performed'' and inserting ``work not performed''; and (2) in paragraph (16), by inserting ``national'' before ``emergency''. SEC. 3. DISCRIMINATION AGAINST PERSONS WHO SERVE IN THE UNIFORMED SERVICES AND ACTS OF REPRISAL PROHIBITED. Section 4311 of title 38, United States Code, is amended by striking subsections (b) and (c) and inserting the following: ``(b) An employer may not discriminate in employment against or take any adverse employment action against any person because such person (1) has taken an action to enforce a protection afforded any person under this chapter, (2) has testified or otherwise made a statement in or in connection with any proceeding under this chapter, (3) has assisted or otherwise participated in an investigation under this chapter, or (4) has exercised a right provided for in this chapter. The prohibition in this subsection shall apply with respect to a person regardless of whether that person has performed service in the uniformed services. ``(c) An employer shall be considered to have engaged in actions prohibited-- ``(1) under subsection (a), if the person's membership, application for membership, service, application for service, or obligation for service in the uniformed services is a motivating factor in the employer's action, unless the employer can prove that the action would have been taken in the absence of such membership, application for membership, service, application for service, or obligation for service; or ``(2) under subsection (b), if the person's (A) action to enforce a protection afforded any person under this chapter, (B) testimony or making of a statement in or in connection with any proceeding under this chapter, (C) assistance or other participation in an investigation under this chapter, or (D) exercise of a right provided for in this chapter, is a motivating factor in the employer's action, unless the employer can prove that the action would have been taken in the absence of such person's enforcement action, testimony, statement, assistance, participation, or exercise of a right. ``(d) The prohibitions in subsections (a) and (b) shall apply to any position of employment, including a position that is described in section 4312(d)(1)(C).''. SEC. 4. REEMPLOYMENT RIGHTS OF PERSONS WHO SERVE IN THE UNIFORMED SERVICES. (a) Inclusion of Preparation and Travel Time Prior to Service.-- Section 4312(a) of title 38, United States Code, is amended by striking ``who is absent from a position of employment'' and inserting ``whose absence from a position of employment is necessitated''. (b) Limitation on Service Exemption to War or National Emergency.-- Section 4312(c)(4)(B) of such title is amended to read as follows: ``(B) ordered to or retained on active duty (other than for training) under any provision of law because of a war or because of a national emergency declared by the President or the Congress as determined by the Secretary concerned;''. (c) Brief, Nonrecurrent Periods of Service.--Section 4312(d)(2)(C) of such title is amended by striking ``is brief or for a nonrecurrent period and without a reasonable expectation'' and inserting ``is for a brief, nonrecurrent period and there is no reasonable expectation''. (d) Conforming Amendments to Redes- ignations in Title 10.--Section 4312(c) of such title is amended-- (1) in paragraph (3), by striking ``section 270'' and inserting ``section 10147''; and (2) in paragraph (4)-- (A) by striking ``section 672(a), 672(g), 673, 673b, 673c, or 688'' in subparagraph (A) and inserting ``section 688, 12301(a), 12301(g), 12302, 12304, or 12305''; (B) by striking ``section 673b'' in subparagraph (C) and inserting ``section 12304''; and (C) by striking ``section 3500 or 8500'' in subparagraph (E) and inserting ``section 12406''. SEC. 5. REEMPLOYMENT POSITIONS. Section 4313(a)(4) of title 38, United States Code, is amended-- (1) by striking ``uniform services'' in clause (A)(ii) and inserting ``uniformed services''; and (2) by striking ``of lesser status and pay which'' and inserting ``which is the nearest approximation to a position referred to first in clause (A)(i) and then in clause (A)(ii) which''. SEC. 6. HEALTH PLANS. Section 4317(a) of title 38, United States Code, is amended-- (1) by striking ``(a)(1)(A) Subject to paragraphs (2) and (3), in'' and inserting ``(a)(1) In''; (2) by redesignating clauses (i) and (ii) of paragraph (1) (as amended by paragraph (1) of this section) as subparagraphs (A) and (B), respectively; (3) by redesignating subparagraph (B) as paragraph (2); and (4) by redesignating subparagraph (C) as paragraph (3), and in that paragraph by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), and by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively. SEC. 7. EMPLOYEE PENSION BENEFIT PLANS. The last sentence of section 4318(b)(2) of title 38, United States Code, is amended by striking ``services,'' and inserting ``services, such payment period''. SEC. 8. ENFORCEMENT OF EMPLOYMENT OR REEMPLOYMENT RIGHTS. (a) Technical Amendment.--The second sentence of section 4322(d) of title 38, United States Code, is amended by inserting ``attempt to'' before ``resolve''. (b) Notification.--Section 4322(e) of such title is amended-- (1) in the matter preceding paragraph (1), by striking ``with respect to a complaint under subsection (d) are unsuccessful,'' and inserting ``with respect to any complaint filed under subsection (a) do not resolve the complaint,''; and (2) in paragraph (2), by inserting ``or the Office of Personnel Management'' after ``Federal executive agency''. SEC. 9. ENFORCEMENT OF RIGHTS WITH RESPECT TO A STATE OR PRIVATE EMPLOYER. Section 4323(a) of title 38, United States Code, is amended-- (1) in paragraph (1), by striking ``of an unsuccessful effort to resolve a complaint''; and (2) in paragraph (2)(A), by striking ``regarding the complaint under section 4322(c)'' and inserting ``under section 4322(a)''. SEC. 10. ENFORCEMENT OF RIGHTS WITH RESPECT TO FEDERAL EXECUTIVE AGENCIES. (a) Referral.--Section 4324(a)(1) of title 38, United States Code, is amended by striking ``of an unsuccessful effort to resolve a complaint relating to a Federal executive agency''. (b) Alternative Submission of Complaint.--Section 4324(b) of such title is amended-- (1) in the matter preceding paragraph (1), by inserting ``or the Office of Personnel Management'' after ``Federal executive agency''; and (2) in paragraph (1), by striking ``regarding a complaint under section 4322(c)'' and inserting ``under section 4322(a)''. (c) Relief.--Section 4324(c)(2) of such title is amended-- (1) by inserting ``or the Office of Personnel Management'' after ``Federal executive agency''; and (2) by striking ``employee'' and inserting ``Office''. SEC. 11. ENFORCEMENT OF RIGHTS WITH RESPECT TO CERTAIN FEDERAL AGENCIES. Section 4325(d)(1) of title 38, United States Code, is amended-- (1) by striking ``, alternative employment in the Federal Government under this chapter,''; and (2) by striking ``employee'' the last place it appears and inserting ``employees''. SEC. 12. CONDUCT OF INVESTIGATION; SUBPOENAS. Section 4326(a) of title 38, United States Code, is amended by inserting ``have reasonable access to and the right to interview persons with information relevant to the investigation and shall'' after ``at all reasonable times,''. SEC. 13. TRANSITION RULES AND EFFECTIVE DATES. (a) Reemployment.--Section 8(a) of the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. 4301 note) is amended-- (1) in paragraph (3), by adding at the end thereof the following: ``Any service begun up to 60 days after the date of enactment of this Act, which is served up to 60 days after the date of enactment of this Act pursuant to orders issued under section 502(f) of chapter 5 of title 32, United States Code, shall be considered under chapter 43 of title 38, United States Code, as in effect on the day before such date of enactment. Any service pursuant to orders issued under section 502(f) of chapter 5 of title 32, United States Code, served after 60 days after the date of enactment of this Act, regardless of when begun, shall be considered under the amendments made by this Act.''; and (2) in paragraph (4), by striking ``such period'' and inserting ``such 60-day period''. (b) Insurance.--Section 8(c)(2) of such Act is amended by striking ``person on active duty'' and inserting ``person serving a period of service in the uniformed services''. SEC. 14. EFFECTIVE DATES. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect as of October 13, 1994. (b) Reorganized Title 10 References.--The amendments made by section 4(d) shall take effect as of December 1, 1994.

Removes the requirement that individuals performing temporary military service be discharged from such service under honorable conditions in order to be eligible for certain reemployment rights in the positions interrupted by such service. States that an employer shall be considered to have engaged in prohibited discrimination against an employee if the person's action in enforcing a protection, testimony or statement, assistance or other participation in an investigation, or other exercise of a right is a motivating factor in the employer's action, unless the employer can prove that the employer's action would have been taken in the absence of such person's action. Allows individuals to bring complaints concerning reemployment rights and prohibited actions against the Office of Personnel Management (currently, against Federal executive agencies). Repeals a provision that such reemployment rights shall not be construed to prohibit a person from seeking alternative employment in the Federal Government. Empowers the Secretary of Labor's authorized representative with reasonable access to, and the right to interview, persons with information relevant to the investigation. Amends the Uniformed Services Employment and Reemployment Rights Act of 1994 to remove the requirement that a person must have served on active duty in order to be eligible for the continuation of employer-provided insurance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Exemption Relief Act of 2009''. SEC. 2. ELECTION OF COVERAGE FOR CERTAIN NONCOVERED EMPLOYEES. (a) In General.--Section 210 of the Social Security Act (42 U.S.C. 410)) is amended by adding at the end the following new subsection: ``Inclusion of Service Under Elections Made by Certain Noncovered Employees ``(s) Notwithstanding any other provision of this section, the term `employment' shall include any service with respect to which an election under section 3121(k)(2) of the Internal Revenue Code of 1986 applies.''. (b) Election.--Section 3121 of the Internal Revenue Code of 1986 (definitions applicable to tax under Federal Insurance Contributions Act) is amended by inserting after subsection (j) the following new subsection: ``(k) Optional Inclusion of Coverage of Service of Certain Noncovered Employees.-- ``(1) Inclusion of service as employment.--Notwithstanding any other provision of this section, the term `employment' shall for purposes of this chapter include any service with respect to which an election under paragraph (2) applies. ``(2) Election of inclusion.-- ``(A) In general.--Any individual whose service for any employer is excluded from `employment' under subsection (b) may, at his option, elect-- ``(i) to have any such service performed by him, during pay periods commencing after 30 days after the date of such election, included as `employment', ``(ii) to be subject to the taxes imposed by section 3101 for such taxable year with respect to such service, and ``(iii) to have the employer subject to the tax under section 3111 for such taxable year with respect to such service. ``(B) Applicability of election.--An election made by an individual under this paragraph-- ``(i) shall apply with respect to all service performed by such individual for the employer described in subparagraph (A) during pay periods described in subparagraph (A)(i) to the extent that such service would not constitute `employment' for purposes of this chapter but for this subsection, and ``(ii) shall be irrevocable. ``(C) Requirement of minimum annual remuneration.-- An election made by an individual under this paragraph shall take effect only if such individual has received remuneration in the amount of at least $400 for service of the type to which the election applies which was performed by such individual for the employer described in subparagraph (A) during the taxable year in which the election is made. ``(D) Manner of election.-- ``(i) In general.--An election by an individual under this paragraph may be made only in such form and manner as shall be prescribed by the Secretary, in consultation with the Commissioner of Social Security, including timely written notice of the election provided by the employee to the employer. ``(ii) Declaration of minimum annual remuneration.--An election shall not be treated as made in accordance with clause (i) unless the election includes a written declaration by the employee, in such form as shall be prescribed by the Secretary, that the requirements of subparagraph (C) have been met in connection with the election. ``(3) Regulations.--The Secretary, in consultation with the Commissioner of Social Security, shall prescribe such regulations as may be necessary or appropriate to carry out this subsection. Such regulations shall-- ``(A) establish procedures to deal with any administrative or other problems which may result from elections made under this subsection; ``(B) provide for the interchange of information between the Secretary and the Commissioner; and ``(C) include such other provisions, conditions, and requirements as may be necessary or appropriate for the administration of this subsection and the related provisions of title II of the Social Security Act.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply only with respect to service performed in taxable years beginning after 90 days after the date of the enactment of this Act.

Social Security Exemption Relief Act of 2009 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act and the Internal Revenue Code to allow an employee, whose employment is not otherwise covered for Social Security benefit purposes (as in the case of an independent contractor), to elect irrevocably to have that employment treated as so covered and the employer be subject to Social Security taxes.